Legal Commentary

Not So Mighty Mouse

By Jack M. Balkin

It wasn't supposed to happen this way. Democrats and Republicans, Congress and White House, were supposed to be deadlocked, unable to figure out how to resolve the country's economic crisis. Or they were supposed to be collectively frozen in terror and indecision. John McCain, putting "country first," was supposed to sweep into the nation's capitol, postpone the Presidential debates, and like a modern day Jesus, throw the money changers out of the temple. He would speak truth to power, change the way things are done in Washington. He would be bold. He would be daring. He would get things done. A consensus would form around his bravery where none had existed before. America would be saved.

Instead, it appears that President Bush and the Democratic Congress had pretty much agreed to the basic terms of a deal before McCain arrived. Bush called Obama and told him to get to Washington for a bipartisan meeting at the White House where the new deal would be blessed. McCain, who admits he knows little about the economy, sat in the meeting, saying nothing. Then, prodded by Obama to say something, he mumbled that he supported the basic principles of his conservative Republican colleagues in the House. These conservatives disliked the Paulson plan; and they disliked the compromises that Bush had made with the Democratic leadership even more.

Just like that, the consensus that seemed within everyone's grasp dissolved. McCain had thrown a monkey wrench in the works. The Democrats would not stay in if Bush couldn't keep most of his own party in the House in line. They wanted a bipartisan agreement-- one that would give them political cover-- or nothing. Whatever McCain's actual intentions, it now seemed as if McCain had come to Washington just so he could align himself with conservative Republicans and vote no. Furious, Democrats thought they had been sandbagged, betrayed by McCain for a cheap photo op. Treasury Secretary Henry Paulson, on bended knee, asked House Speaker Nancy Pelosi not to walk out and tell the media that the talks had imploded; she said, in effect, go talk to your Republican friends in the House. I'm not going to pull your chestnuts out of the fire.

This was not how it was supposed to happen. McCain was supposed to be a hero. He was supposed to put country first, show guts, show economic expertise, show leadership, bring the two sides together in a great act of vision and daring. He was supposed to bring order out of chaos, and not the other way around.

All we can say at this point is: You're doing a heck of a job, McCain-ie.

Full post as published by Balkinization on September 26, 2008 (boomark / email).