McHenry is the Only Option for Speaker
There is no other plan out there
It is said that 85% of the stress we feel is caused by indecision or lack of control. In that case, the House Attending Physician should bring blood pressure cuffs to the next meeting of the House Republican Conference. Republicans find themselves in limbo. They can’t elect a Speaker, and they can’t decide what to do instead.
In a military attack, the aggressor often tries to “decapitate” the other country through a military strike or assassination. Remember how Putin sent units to kill Volodymyr Zelenskyy at the start of their invasion of Ukraine? The idea behind this strategy is to cause massive confusion and slow down decision-making.
Matt Gaetz is no military tactician, as he decapitated his own party’s leadership, causing confusion and slowing down decision-making. The problem, as is so often the case with the far right in Congress, is that there was no plan for what comes next.
As we saw today, there is nothing but confusion and an inability to make a decision in the Republican Conference. It also appears they have no idea what to do next. They have burned through three of their strongest leaders, Kevin McCarthy, Steve Scalise, and now, Jim Jordan.
This political masochism is increasingly typical for the Republican right. How often have these same people shut the government down without a plan to reopen it? They create a strategy that forces a shutdown and berate the Republicans who vote to reopen it. It’s almost like they don’t want to govern; they want to sow discord.
Karl Marx once said that “life is politics.” And Marxists have often tried to make everything political. A school shooting here – the press releases are ready. A storm there – a political attack will blow in from the left. For these people, everything can be used as a prop to advance their cause. Increasingly, this is becoming true of the populist right. The extreme right takes an impossible stand, intending to cause anger when it fails. That anger fuels their populist movement. But it offers no solutions. The truth becomes whatever the truth needs to be to advance the cause.
This is how Populism is different than Conservatism. Two of the main principles of Conservatism are prudence and incrementalism. It was a prudent and incremental victory when McCarthy secured a $2.6 trillion budget cut in the debt ceiling negotiation. Did it solve the debt problem? No. Was it a move in the right direction? Yes. To a conservative, that is called a good start.
I understand that Jim Jordan remains the Speaker-designate, but there is little hope he can get 217 votes. The tactics, including death threats, of many of his supporters have solidified opposition to his candidacy. Politicians play with words to manipulate their supporters. Just look at a fundraising text you get. Everything is over-the-top and overstated. But they forget that there are a lot of people living on the edge of insanity who take their words literally. Remember that a deranged Bernie Sanders supporter shot Steve Scalise and others at the Congressional softball practice. No one blamed Senator Sanders, but the reality is that words have consequences, especially for people with a tenuous grip on reality. Did Jim Jordan or his political team want to see death threats made? Certainly not. But their over-the-top rhetoric has consequences.
At any rate, Jim Jordan needed a break if he hoped to keep his nomination alive. But, at the same time, the Republican Conference could not devise a plan to reopen Congress by rallying behind Patrick McHenry.
So, What is the Plan?
As I have argued on these pages, the Speaker Pro Tempore has all the power an elected Speaker has, with some minor exceptions.
The current position of Speaker Pro Tempore (roughly translated as “for the time being”) was created in 2001 following the 9/11 terrorist attack to provide for the continuity of government. The idea is that even if some future terrorist made a catastrophic attack on Congress, the legislative branch of government would seamlessly continue to act. This implies that the legislative intent was to create a temporary Speakership with the same powers as an elected Speaker until Republicans could elect a new leader.
Patrick McHenry became the first Speaker Pro-Tempore under the law since the outgoing Speaker, Kevin McCarthy, chose him when making a secret list that the Clerk of the House kept. The position is entirely without precedent, so much so that everything McHenry does sets a new precedent for future Speaker Pro Tempore. The dilemma for Democrats is that they have no way of stopping McHenry from assuming most, if not all, of the powers of an elected Speaker. The only way to limit the powers of the Speaker Pro Tempore, it would appear, would be to pass a resolution explicitly defining his powers.
To put that another way, the Speaker Pro Tempore has, by default, all of the powers of an elected Speaker, so long as a majority of the Congress does not proactively stop him from exercising those powers. So, if Patrick McHenry wanted to bring up legislation to provide military aid to Israel and Ukraine, there would be no way to stop him under the Rules of the House – absent a successful resolution. Granted, McHenry would still need to go through normal legislative processes, just like any elected Speaker would.
Patrick McHenry doesn’t need any resolutions to exercise his power. He has all the power he needs to bring up legislation.
Next week, when it is apparent that Jim Jordan does not have the votes to be elected, Republicans and Democrats will start getting antsy. The President will propose, and the Senate will, in all likelihood, quickly pass a military assistance package for Israel, Ukraine, Taiwan, and maybe even money for the southern border. Hamas holds a large number of American citizens hostage. Today, one of our naval ships intercepted several missiles. U.S. soldiers in Syria and Iraq have been attacked in the last week. Over 30 Americans were killed by Hamas in their terror attack on Israel.
Republicans are correct to point out that American weakness invites military aggression. What kind of signal does a completely paralyzed Congress send the world?
Republicans are correct to point out that American weakness invites military aggression. What kind of signal does a completely paralyzed Congress send the world? We are on the precipice of war. An enemy is likely to include the weakness of Congress in their thinking when deciding whether to attack us.
McHenry must take on the powers of an elected Speaker if only to show the world a continuity of government in the United States. If not, there is no plan to reopen Congress. And that is dangerous.
Disappointingly, nothing Democratic Leader Hakeem Jeffries has said offers any hope for a compromise solution. His only solution is for Republicans to give Democrats their power. In the political world, that surpasses even a Matt Gaetz level of crazy.
They could offer to support the Speaker Pro Tempore, bringing up essential legislation that the country needs to act upon and promising to oppose a Motion to Vacate the Chair when he brings up those votes. I don’t expect that minor gesture since it is evident the DCCC has decided to exploit this situation to win back the House next November. You can’t fault them from a political point of view – that’s what campaign organizations do. However, you can fault them if they put the interests of the party above the interests of the country.
As soon as Republicans can get their act* together, they can elect a permanent Speaker, and everything returns to normal. Well, maybe “normal” and “Congress” are an oxymoron. Let’s say everything starts to function again. (*I was going to use another word, but once again, my proofreader-in-chief, Mrs. Strand, vetoed it.)
McHenry must take on the powers of an elected Speaker if only to show the world a continuity of government in the United States. If not, there is no plan to reopen Congress. And that is dangerous.
Next week, hopefully, Republicans and Democrats will start demanding the House get back to legislating. They can begin small initially – perhaps a resolution condemning Hamas, demanding our hostages back, and supporting Israel. Next, they can pass the appropriations bills needed to avoid a shutdown.
Some people point out that Patrick McHenry doesn’t want this job. From an American point of view, this makes him even more sane and appealing.
Our view of the good politician is the Cincinnatus model given to us by George Washington. When he won the Revolutionary War, Washington had an entire army at his back and could have become a King. Instead, he resigned his commission and went home to Mt. Vernon. When the new nation struggled with an unworkable government, Washington was begged by the delegates to be President of the Constitutional Convention to give it credibility. When the Constitution was written, he then went home to Mt. Vernon. When the country needed a President to get the new Constitution off the ground, they once again called on Washington, who, once again, reluctantly left his home to serve his country. And when two terms were up, he voluntarily gave up power, setting an example that lasted until Franklin Roosevelt. Americans loved him because he did not pursue power, yet he wielded it wisely once given it.
Washington ruined it for all future politicians, as Americans are naturally suspicious of anyone who wants power over us. The reluctant leader is our role model. Today, McHenry can continue in the Cincinnatus tradition and serve his country at a dangerous time. He is well respected by both the Democrats and the Republicans, he is a capable legislator and Committee Chair, and he has engaged in negotiations at the highest level of government.
Besides, right now, no one has a better idea.