President Obama faces a polarized and hostile Congress. The once collegial Senate has turned
toward extortion, its coaches standing on the sidelines tripping players on the opposing team.
Bipartisanship appears dead. Heading into the second half of his first term, the President has a
unique opportunity to change the game by implementing the Minivan Doctrine.
Congress will not reform itself. No congressman will cede power. Even when congress, in an
uncommon moment of bipartisanship, passes a law ceding some power, as in campaign finance
reform, the Supreme Court strikes it down. We flail and moan and cry that bipartisanship is dead.
It's not. The Minivan Doctrine will save the Republic.
The Minivan Doctrine is based on a familiar scenario: kids in the back seat fighting over what
they want for lunch. Pizza. Hamburgers. Pizza! Hamburgers! Pizza!! Hamburgers!! They scream.
They flail. They fight and kick. Finally, Mom has had enough. She pulls over, shuts
the engine, looks into the rear view mirror and announces we're not moving until you agree on
what we're having. After much groaning and bickering, hunger overcomes pride; the kids settle
and they're off again.
The President has the ability to do exactly that. He needs no new authority; Article 1 of the
Constitution gives him all power he needs. He need only determine and announce that for the
duration of the 112th Congress he will veto each and every bill. Period. Regardless of whether he
favors the legislation, he will veto it. Regardless of whether the bill is critical, he will veto it.
Even if it is a must pass bill, such as the budget or the military spending bill, he will veto it.
Nothing goes into law except by override.
Under Article 1, Congress can override a presidential veto by a two-thirds majority in both
houses. Since neither party has such a super majority, both parties would be forced to find
common ground. Let's not fool ourselves; they will kick and scream; they will scheme and
threaten; they will hold their breath and predict doom. But the President must hold his ground no
matter what. He must be strong and not capitulate.
People will criticize him. He'll be portrayed by some as a traitor. He'll be decried for destroying
America. He'll be hung in effigy. But the grumbling stomachs will eventually prevail. The people
will turn to Congress and ask, "Why can't you just get along?" Congress will eventually come
together, whether on pizza, or hamburgers, but perhaps on chicken or tacos. And by forcing them
to compromise he will be hailed as the president who saved America. And he might be reelected.
Or he might not be reelected. But if he saves America, that won't much matter.
Mel Klein
Dallas, Texas
mel@melklein.com |
