Legal Commentary

John McCain's decision to suspend (whatever that means, precisely) his presidential campaign and to call for cancellation of Friday's debate (or perhaps to not show up even if the debate is not canceled) in order to devote his attention to helping pass bailout legislation is unprecedented. Incumbent presidents managed to conduct electoral campaigns in the middle of the Civil War, the Great Depression, and World War II. And each of those incumbents had a greater responsibility for managing events than does a senator who (like Obama) largely has been mainly a professional candidate for the last two years, who does not serve on the relevant committee, and who, by his own admission, does not really understand many of these economic issues. Jonah hits on this point. Not even The West Wing writers could have dreamed up the Republican candidate suspending operations as a campaign plot line--it simply would not have been believable.

The mantra, of course, is "now is not a time for partisan politics" and "we must put partisan politics aside in times such as these." But, of course, partisan politics describes the process by which we select our representatives, those who will govern on our behalf. To declare that the five-week period prior to a national election is not a time for politics is to declare that a popular election, including discussion and debate on the issues before the voting public, is inappropriate at this time. It is to declare that democracy is inappropriate at this time. I reject the notion that a current crisis justifies suspension of our democratic decisionmaking and selection processes, at least absent a situation in which a campaign and election are logistically impossible (think New York after 9/11 or New Orleans after Katrina) or the crisis involves some human tragedy or mourning (ditto--and I would add that it was proper not to hold partisan events on the anniversary of 9/11).

Quite the opposite. Crisis increases the need for public debate and discussion. We must hear more (and more substance, about this and other issues) from the candidates, one of whom will be President come noon on January 20 (when George Bush constitutionally ceases to be President) and will have to deal with this crisis and its ongoing and expanding effects. This is true not only for Friday's debate, but for all other campaign activities--rallies, interviews, press conferences, press releases, fundraising

Moreover, suspend the campaign until when? Passage of legislation this week or next (which is going to happen with or without McCain) seems like a meaningless target. But legislation does not end the fiscal crisis, especially to the extent part of the crisis is tied to the stock market and investor confidence. It may be awhile before any new policy has any tangible effect or before we know whether any legislative solution works. In other words, if the point is that partisan politics (i.e., democracy) are inappropriate in this time of crisis, it is not clear at what point they again become appropriate.

Only the extremest of extreme situations ever justifies suspension of the procedural element that most fundamentally identifies our system as democratic. And the suggestion that we should suspend that element outside of the extremest of situations suggests a basic misunderstanding of democratic processes.