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Updates
From AIJAC
US
Elections 2000
December
21, 2000
Number 12/00 #09
Below you will find a comprehensive and highly
detailed discussion of the results of 2000 US
elections in terms of its implications for a
variety of issues of interest to the American
Jewish Community, including foreign policy and
the Middle East, immigration, education, anti-terrorism,
hate crime and anti-discrimination policies.
It was prepared by the political experts at
the American Jewish Committee. It's long but
rewarding. Think of it as holiday reading.
The
Longest Election Ends, with Congress and the White
House in Republican Hands
By Jason Isaacson (AJC Director
of Government and International Affairs) and Richard
Foltin, (AJC Legislative Director and Counsel)
After breaking all modern records for political
endurance, public patience and legal fees, the
2000 national election is now over, and susceptible,
finally, to serious analysis - that is, analysis
that won't be made irrelevant by the next turn
of the news cycle.
No more television commentators declaring the
same candidate a tactically masterful winner and
bumblingly incompetent loser in the space of the
same broadcast. No more angry demonstrators parading
in front of courthouses in Florida and Washington
with their duelling Sore-Loserman and Hush-Whiney
placards. With the end of the election, not only
is the Clinton Era over - so is the Era of Political
Incivility. At least until after the Inauguration.
In the week since the United States Supreme Court,
by a 5-4 decision, foreclosed further recounts
and lifted the remaining challenge to Florida's
certification of Texas Governor George W. Bush
as winner of that state's 25 electors, and thus
the presidency, passions that had been inflamed
by five weeks of uncertainty have begun to cool.
With Governor Bush's gracious acceptance speech
the evening of December 13, following by less
than an hour Vice President Al Gore's no less
gracious concession, Washington and the rest of
this news-numbed country have belatedly turned
their attention in recent days to the questions
that arise after every presidential election:
Who will be on the new team? Which themes and
policies will survive the campaign to drive the
new administration? How will the new President
and new Congress get along?
Foreign Policy Appointments
President-elect Bush acted decisively in his first
days as acknowledged winner to demonstrate that
a smooth transition and the selection of experienced
advisers were his first priorities. In his first
weekend as President-elect, he conducted daily
press conferences to introduce his administration's
top foreign policy officials: General Colin Powell,
the former chairman of the Joint Chiefs of Staff,
as Secretary of State, and Condoleeza Rice, the
former Stanford University provost, as National
Security Adviser. Both gave polished, assured,
if necessarily unspecific presentations of their
vision of America's role in international affairs.
Secretary-designate Powell used the occasion of
his appearance before the press December 16 to
send several messages to international audiences
- and to those domestic constituencies that closely
monitor U.S. foreign policy. He sought to reassure
U.S. allies that the Bush Administration will
closely consult with them on key issues, in particular
troop redeployments and a proposed missile defence
system. He forcefully asserted U.S. commitment
to retaining firm sanctions against Iraq and to
"contend with" other states that "pursue weapons
of mass destruction" or engage in terrorism. And
he pledged continued U.S. support for Israel's
"freedom . security and peace," at the same time
saying Washington would "remain engaged" in the
search for Middle East peace and seek to "deal
with the aspirations of the Palestinians and other
nations in the region who have an interest in
this."
In his remarks on Israel and Middle East peace,
which were issued in response to a reporter's
question, General Powell expressed views consistent
with U.S. policy - with the assurance of Israel's
security the top priority, but with other important
considerations demanding Washington's attention.
President-elect Bush's formulation was notably
more direct. In his introduction of the retired
general, he said, in part: "We will defend America's
interest in the Persian Gulf and advance peace
in the Middle East, based - as any lasting peace
must be - on a secure Israel."
Ms. Rice's presentation to the press December
17 lacked much of the pomp and detail of the Powell
roll-out. The appointee, introduced along with
two other prospective White House aides, made
brief remarks; she spoke of the President-elect's
"good judgement . strong values and principles,"
and said he would "conduct a foreign policy that
combines humility with strength." But if short
on specifics, the Rice appearance was powerfully
symbolic - punctuated by her reference to her
childhood in segregated Birmingham, Alabama, and
her testimony to the President-elect's "recognition
of how important it is that we continue the last
30-plus years of progress toward one America."
Similarly, General Powell - whose service as National
Security Adviser under President Reagan will make
Ms. Rice the second African-American in that post
- noted the historical significance, and inspirational
potential, of his selection at State: "[N]ewspaper
stories will say that Colin Powell is the first
African-American to ever hold the position of
Secretary of State. I want it repeated, because
I hope it will give inspiration to young African-Americans
coming along that, no matter where you began in
this society, with hard work, there are no limitations
on you."
Hints on Middle East Policy
President-elect Bush's views on the Arab-Israeli
conflict, on the most promising course to advance
peace between historic adversaries, on the primacy
of the U.S.-Israel alliance in overall Middle
East policy, and on the general protection of
U.S. military, political and economic interests
across the region can be discerned from speeches
and comments he made in the course of his campaign,
and from the record and remarks of his foremost
foreign policy advisers.
In his fullest public statement laying out a foreign
policy vision for a George W. Bush Administration,
a speech titled "A Distinctly American Internationalism"
that he delivered at the Ronald Reagan Presidential
Library on November 19, 1999, Governor Bush made
it clear that Middle East concerns were of secondary
importance - behind strategic, economic and human
rights concerns posed by Russia and China; the
strengthening of U.S. ties to European allies
and to Japan and the Republic of Korea; development
of a missile defence system to counter the threat
of nuclear blackmail by rogue states; the defence
of free trade; and the maintenance of strong bonds
with other nations in the Americas. He mentioned
Israel only once, although in a unambiguously
positive context, saying of the next President:
"He should defend America's interests in the Persian
Gulf and advance peace in the Middle East, based
upon a secure Israel."
Although the Governor's acceptance address at
the Republican National Convention August 3 was
laced with references to foreign policy themes
- consonant with the speech's overarching theme
that the Clinton-Gore Administration had squandered
eight years of prosperity and opportunity and
failed to honour America's core ideals at home
or abroad - there was no specific reference to
the Middle East conflict. The October 17 presidential
debate in St. Louis, however, which took place
after nearly three weeks of widespread Palestinian
violence against Israeli soldiers and civilians,
included a question to Vice President Gore and
Governor Bush on steps each would take to restore
the hope of Arab-Israeli peace. Governor Bush
followed the Vice President, who had urged an
end to Palestinian violence and a return to negotiations;
the Governor stated:
"Well, I think during the campaign, particularly
now during this difficult period, we ought to
be speaking with one voice. And I appreciate the
way the Administration has worked hard to calm
the tensions. Like the Vice President, I call
on Chairman Arafat to have his people pull back
to make the peace. I think credibility is going
to be very important in the future in the Middle
East. I want everybody to know, should I be the
President, Israel's going to be our friend. I'm
going to stand by Israel.
"Secondly, I think it's important to reach out
to moderate Arab nations like Jordan and Egypt,
Saudi Arabia and Kuwait. It's important to be
friends with people when you don't need each other
so that when you do, there's a strong bond of
friendship.... It's also important to keep strong
ties in the Middle East, credible ties, because
of the energy crisis we're now in. After all,
a lot of the energy is produced from the Middle
East. And so I appreciate what the Administration
is doing. I hope you can get a sense of, should
I be fortunate enough to be the President, how
my administration will react in the Middle East."
Earlier that month, responding to a request by
the American Jewish Committee to spell out his
views on Israel and Middle East peace (a request
also made of, and fulfilled by, Vice President
Gore), Governor Bush issued a ringing endorsement
of a close U.S.-Israel relationship, making it
clear that he would "always stand with Israel,"
not attempt to "make Israel conform to [Washington's]
own plans and timetables" for peace, and would
"never interfere in Israeli elections." The Governor
went even further, telling AJC:
"My support for Israel is not conditional
on the outcome of the peace process. America's
special relationship with Israel precedes
and transcends the peace process. And Israel's
adversaries should know that in my administration,
this special relationship will continue even
if they cannot bring themselves to make true
peace with the Jewish state. Something else
will happen when I take office in January
2001: I will set in motion immediately the
process of moving the U.S. ambassador to the
city Israel has chosen as its capital, Jerusalem.
The degree to which the Bush Administration
will thrust itself into Middle East peace efforts,
press Congress to approve the $450 million Israel
supplemental aid request submitted by its predecessor
(packaged in a $750 million bid that included
$225 million for Egypt and $75 million for Jordan)
and left hanging at the close of the last session,
and advance the upgrading of U.S.-Israel strategic
relations that had been negotiated by outgoing
U.S. Ambassador to Israel Martin Indyk, are
all unknown at present. Also uncertain is the
fate of the office of Special Middle East Coordinator,
occupied by Ambassador Dennis Ross, who has
already announced his intention to retire; there
is speculation among foreign affairs observers
in Washington that the functions of Special
Middle East Coordinator may be taken over -
or, by this view, taken back - by State's Bureau
of Near Eastern Affairs. In the coming weeks,
it can be expected that Secretary-designate
Powell, who spoke December 16 in guardedly optimistic
terms of Israeli-Palestinian negotiations, will
demonstrate through sub-cabinet appointments
and news interviews just how he intends to advance
those talks and otherwise demonstrate U.S. support
for Israel.
Ethnic Politics
Not only are the details of a Bush Administration
Middle East policy yet to be revealed, also
unclear is the degree to which domestic political
considerations - or the importance of close
liaison with ethnic constituencies on the U.S.
political scene - will be a factor in policy
formulation. In the course of the campaign,
both parties' nominees reached out aggressively
to Jewish voters and contributors as have
previous Democratic and Republican presidential
candidates with special briefings by the nominee
and key advisers, targeted mailings, press strategies,
fund-raising appeals, and appearances before
Jewish audiences. Both political conventions
last summer had full programs of private meetings
and receptions for Jewish partisans.
The messages the two campaigns telegraphed to
Jewish voters differed sharply: the Gore campaign
raised concerns about Republicans' alliance
with the religious right and stressed the Vice
President's ample record on traditional public
policy concerns of the Jewish community mainstream,
from support for Israel to reproductive choice;
the Bush campaign stressed the Governor's record
as a moderate who comfortably reached out to
ethnic minorities, highlighted his awareness
of the dangers posed by nonconventional weapons
proliferation and his support for a strong defence,
and maintained that his embrace of Israel was
more meaningful than his opponent's because
it was based on respect for Israel's prerogative
to pursue peace on its own terms - not Washington's.
As President-elect Bush organizes his administration
and fleshes out his policy agenda, Jewish activists
will be assessing whether the follow-up to his
campaign appeals matches the appeals themselves:
in community outreach, access to key advisers,
and a tone and set of decisions reflecting steadiness,
moderation, anti-isolationism, and an unwavering
alliance with Israel.
But it won't be Jewish activists alone who are
watching and measuring the new President. Arab
Americans and American Muslims, interlocking
communities that have significant voting strength
in a number of populous states and this year
received increased attention from both parties,
also will be monitoring the new administration's
policy and personnel choices, with a variety
of perspectives. While American Muslims, some
of them African-American converts and many South
and Southeast Asians, may have limited concern
about U.S. Middle East policy, many Arab Americans,
at least half of them non-Muslim, may consider
it central to their political outlook; while
both communities include active supporters of
the Democratic Party (most notably James Zogby,
head of the Arab American Institute), Republicans
made new inroads this year and, with former
White House chief of staff John Sununu helping
with Arab American outreach and emphasizing
a "more even-handed" approach to the Middle
East, may have won new support both among Muslims
generally and among Arab Americans. (Another
factor in this year's presidential race was
the candidacy of Green Party nominee Ralph Nader,
an Arab American who may have won increased
support from that constituency for reasons not
dissimilar to some Jewish voters' support for
Democratic Vice Presidential nominee Joe Lieberman.)
More significant than foreign policy, however,
in appeals to Muslims and Arab Americans may
have been both campaigns' signals that they
would alter current law allowing the Government
to use so-called secret evidence to exclude
or expel immigrants believed to be linked to
terrorist groups; the clearest call for secret
evidence repeal came from Governor Bush, who
mentioned the issue in the second presidential
debate.
How the campaigns' appeals to Jewish as well
as Arab American and Muslim voters paid off
at the polls is open to interpretation. But
the evidence is clearer in the case of Jews;
exit polls typically divide respondents by religious
affiliation into Catholics, Protestants, Jews,
"others" and "none." And, as in the past, Jews
in the 2000 presidential race heavily favoured
the Democratic candidate. While Protestants,
constituting 54 percent of the vote, favoured
Bush over Gore, 55 to 43 percent, Catholics,
accounting for 27 percent, sided narrowly with
the Vice President, 50-46; each group cast 2
percent of its votes for Nader, and 1 percent
for Reform Party candidate Pat Buchanan. Jews,
making up 4 percent of the vote, chose Gore,
79-19, over Bush, with 1 percent for Nader.
In their devotion to the Democratic nominee,
Jews were exceeded by only one demographic grouping,
other than self-described Democrats and liberals:
African-Americans, with 10 percent of the vote,
who overwhelmingly picked the Vice President,
90-8-1-1. Hispanics, at 7 percent, chose Gore,
63-33-3-1, as did Asian Americans, with 2 percent,
55-41-3-1.
Democratic and Republican Arab Americans have
offered conflicting views on the impact of their
community's votes on the presidential outcome;
while one group pointed to roughly 60-40 GOP
votes in certain predominantly Arab precincts
in Michigan, other observers noted that Michigan
itself, despite a significant Arab American
bloc, went 51-47 for Gore, and saw the defeat
of the sole Arab American in the U.S. Senate,
Spencer Abraham, a first-term Republican, who
fell to Democratic Representative Debbie Stabenow,
49-48. A poll by the Arab American Institute,
based on a random sample of Arab Americans taken
nationwide three weeks after the election, found
Bush edging Gore, 45-38, with 13 percent saying
they had supported Nader; 69 percent were reported
to have claimed Lieberman was a factor in their
vote.
The precise impact of that Lieberman factor
may never be fully known, although political
scientists doubtless will find it a compelling
subject for research and analysis for years
to come. Whether Gore's success in states with
significant Jewish populations - including the
usually, but not always, Democratic bastions
of California, New York, New Jersey, Illinois
and Pennsylvania - and his near-success in pivotal
Florida were in part attributable to his historic
selection of a Jewish running mate is a valid
area of inquiry; surely Senator Lieberman proved
to be a formidable asset to the campaign, a
warm and energetic counterpoint to the sometimes
fusty presidential nominee, and early polls
found him appealing to voters across the religious,
ethnic and even ideological spectrum. But it
is also unknown whether some voters, out of
ignorance or prejudice, may have steered away
from Gore because of his running mate's religion;
the consensus of political analysts immediately
after the Vice President made his selection,
in late July, held that potential voters turned
off by a Jewish candidate were probably unwinnable
by Gore anyway, and that the few marginal voters
Lieberman might cost the ticket would probably
be more than offset by those voters, of various
ethnic and religious backgrounds, he would likely
attract. As Lieberman waged his spirited, almost
successful fight, the analysts' consensus held.
Senate
The defeat of Abraham, who had worked closely
with Jewish organizations on immigration, antiterrorism
and other legislation, was one of five losses
suffered by the Republican Senate majority.
Other GOP incumbents who failed to win re-election
were John Ashcroft of Missouri, who lost to
the recently deceased Democratic Governor, Mel
Carnahan, and will be replaced by Carnahan's
widow, Jean, in the 107th Congress; Slade Gorton
of Washington, who lost to former Democratic
Representative and Internet entrepreneur Maria
Cantwell; Rod Grams of Minnesota, defeated by
retail chain heir Mark Dayton; and William Roth
Jr. of Delaware, the Senate Finance Committee
chairman, who lost to popular Democratic Governor
Thomas Carper.
One Democratic incumbent was defeated - Virginia's
Charles Robb, whose claim on a Senate seat in
a state now reliably Republican has been shaky
for years, and who was felled by former Republican
Governor George Allen. The Democrats' four-seat
net gain in the Senate was preserved by an even
split in the parties' pick-ups of the seats
of two retiring Senators: Nevada Democrat Richard
Bryan's chair passing to former Republican Representative
John Ensign, and Florida's strongly pro-Israel
Republican Connie Mack's seat being taken by
Democratic State Treasurer and former Representative
Bill Nelson. The Republicans' 54-46 pre-election
majority wiped out, the party will retain control
of the now evenly divided chamber through the
tie-breaking vote of the new Vice President,
Dick Cheney.
With Senator Lieberman returning to the chamber,
galloping to re-election in Connecticut even
as his ticket gained a national popular vote
edge but fell short in the Electoral College,
the Jewish "caucus" in the upper body remains
at 10 - down from the super-minyan of the 106th
Congress, when there were 11 Jewish Senators,
but at an historic high nonetheless. The change
in the 107th was wrought by this year's retirement
of three-term Democrat Frank Lautenberg of New
Jersey, a longtime champion for Soviet Jewry,
for Israel, and for a just society, and author
of landmark laws that uphold the claims of U.S.
victims of international terror and that continue
to assure sanctuary in America for Russian Jews
fleeing religious persecution. Lautenberg's
seat remained in Democratic hands with the election
of financier and political newcomer Jon Corzine.
Two Jewish Senators, in addition to Lieberman,
sought and easily won re-election - Democrats
Dianne Feinstein in California, Herb Kohl in
Wisconsin; the Senate's lone Jewish Republican,
Arlen Specter of Pennsylvania, will continue
to serve in the 107th Congress, alongside Democrats
Barbara Boxer of California, Russell Feingold
of Wisconsin, Carl Levin of Michigan, Charles
Schumer of New York, Paul Wellstone of Minnesota
and Ron Wyden of Oregon.
Although it ultimately had no net effect on
the chamber's party split, the most closely
watched of this year's 34 Senate races was undoubtedly
the New York showdown between First Lady Hillary
Rodham Clinton and Republican Representative
Rick Lazio of Long Island. Although the First
Lady won decisively, 55-43, polls throughout
much of the race indicated a closer contest,
and appeals to the state's substantial Jewish
community - as much as 14 percent of the electorate,
usually but not uniformly Democratic, and therefore
regarded as crucial and more or less winnable
by both camps - were aggressive and relentless.
Each candidate put forth a firmly pro-Israel
message, with Mrs. Clinton taking exception
to her husband's cautious stance on Jerusalem
and distancing herself from previous comments
expressing support for Palestinian statehood,
and Representative Lazio emphasising his votes
for Israel aid and for moving the U.S. Embassy
from Tel Aviv to Jerusalem. But while difficult
to differentiate in their appeals on Israel,
other issues in this generally Democratic state
seemed to play in the First Lady's favour, as
she allied herself with the Gore-Lieberman messages
on the economy, health care costs, gun control,
and future Supreme Court appointments. Exit
polls showed her edging the Congressman on Election
Day among Jewish voters, 53-45 - a majority,
to be sure, but less than the margin of victory
traditionally enjoyed by Democratic candidates
for statewide office in New York.
House
Democrats had hoped to wipe out the Republicans'
13-seat House advantage and win back the control
they had lost in the 1994 election. They managed
to make a few gains, knocking off several weak
incumbents and picking up open seats, but they
suffered losses along the way and ended up with
a net gain of two seats, which had the result
of narrowing the majority's margin to 9: a chamber
of 221 Republicans, 212 Democrats, and two independents
- one a nominal Republican, the other a nominal
Democrat. (One Democrat, veteran and widely
respected Los Angeles Representative Julian
Dixon, of the 32nd District, died of a heart
attack after regaining his seat; it is expected
that his successor, chosen next year in a special
election, will keep the seat in Democratic hands.)
Although most House incumbents, as always, managed
to fend off challenges, there were several exceptions.
The most significant for the Jewish community
was the loss of 10-term Democrat Sam Gejdenson
of Connecticut's 2nd District, a son of Holocaust
survivors who was born in a displaced persons
camp, grew up on a farm in eastern Connecticut,
served in the state legislature, and then ran
for and won the House seat vacated by now-Senator
Christopher Dodd. The Congressman's hold on
the seat had been insecure for years; he won
by just 21 votes in 1994 and was routinely targeted
as one of the chamber's most vulnerable members.
But his quick wit, frankness and informality
made him popular and effective among his colleagues
- and, in his tenure in the 106th as ranking
Democrat on the International Relations Committee,
led to an easy relationship with the committee's
Republican chairman, Benjamin Gilman of upstate
New York's 20th District. Gejdenson's loss to
former CIA agent and congressional aide Rob
Simmons, 51-49, removes a veteran member of
the House Jewish "caucus" but leaves the International
Relations panel's ranking Democratic post in
no less capable hands - those of Representative
Tom Lantos, of northern California's 12th
District, one of the chamber's most outspoken
and knowledgeable internationalists, and himself
a Holocaust survivor.
In addition to Representative Gejdenson, four
Republican incumbents and one Democrat lost.
In all, with those shifts in party control and
with the outcomes of races in open seats, Democrats
picked up 10 seats, Republicans 8, for a net
Democratic gain of 2. The result continued the
party's slow rebuilding in the House; Democrats
netted 5 seats in 1998. But two years after
the resignation of the controversial Newt Gingrich,
the Georgian who led Republicans to success
in 1994, assumed the speakership, and was judged
by his party colleagues to have so polarised
the House that he nearly cost them their majority
four years later, the 2000 election suggests
new Republican stability. Although Democrats
have modestly shaved the GOP's already thin
margin, J. Dennis Hastert, the moderate Illinois
Republican who won the Speaker's chair in 1999,
appears to have succeeded in projecting an aura
of reasonableness and maturity that, while calming
an often fractious party caucus, has helped
extend the GOP reign.
With the Republicans still narrowly in control
of the chamber, their committee chairmen would
normally continue to hold the gavels they have
been wielding for six years - but for a caucus
rule change instituted by the new majority in
1995, which limited chairmen to three terms.
Thus International Relations Chairman Gilman
has been forced to relinquish his post, although
it is believed likely that he will take over
a newly created subcommittee on the panel and
retain his strong influence on Middle East policy;
his chairmanship has been notable for its advocacy
of a close U.S.-Israel relationship, as well
as support for direct, bilateral negotiations
between Israel and its Arab neighbours. Similarly,
Henry Hyde, the Illinois Republican who has
chaired the Judiciary Committee for six years,
Jim Leach, the Iowan who chairs Banking, Alabama
Republican Sonny Callahan, chair of the Foreign
Operations Appropriations Subcommittee - all,
and many of their most powerful colleagues,
are stepping aside and seeking new positions.
House Republicans will pick their new chairmen,
after an extended process of interviews and
the usual organizational politicking, at the
start of the next Congress. Among the contenders
for Gilman's chair are Hyde and Leach, joined
by Nebraska's Doug Bereuter and New Jersey's
Christopher Smith. All are considered supportive
of close U.S.-Israel ties. Hyde's chair in Judiciary
is expected to go to F. James Sensenbrenner
Jr. of Wisconsin. Northern Virginia Republican
Frank Wolf, a supporter of foreign aid and considered
a friend of Israel, is expected to take over
the chair of Callahan, a reluctant internationalist,
on the Foreign Operations panel. Still unclear
is who will assume the chair of the House Education
and the Workforce Committee held by retiring
Pennsylvania Representative Bill Goodling; contenders
for the panel that deals with crucial matters
of civil rights and education policy include
New Jersey's Marge Roukema and Wisconsin's Tom
Petri.
The House's Jewish "caucus" swelled in the 2000
election, from 23 members in the 106th Congress
(and 25 at the start of the 105th) to 27 in
the 107th, a number that includes two Republicans
- Gilman and freshman Eric Cantor of Virginia's
7th District. Except for Vermont Independent
Bernard Sanders, who typically votes Democratic
but does not identify with the party, all other
Jewish House members are Democrats. The new
additions to the group next year will be Jane
Harman of southern California's 36th District,
who defeated Republican Steven Kuykendall to
return to a seat she relinquished after three
terms to make an unsuccessful bid for the gubernatorial
nomination in 1998; Susan Davis of San Diego's
49th District, a state representative who defeated
three-term Republican Brian Bilbray; municipal
official and former congressional aide (and
former American Jewish Congress area director)
Steve Israel of New York's 2nd District, who
sought and won Representative Lazio's old seat;
and Adam Schiff, a state senator who waged what
may have been the most expensive House campaign
ever (a combined $10 million) to unseat Republican
James Rogan, who gained national fame as a House
manager in the Clinton impeachment trial, in
California's 27th District.
Rounding out the Jewish "caucus" in the House
will be Democrats Gary Ackerman of New York,
Shelley Berkley of Nevada, Howard Berman of
California, Benjamin Cardin of Maryland, Peter
Deutsch of Florida, Eliot Engel of New York,
Bob Filner of California, Barney Frank of Massachusetts,
Martin Frost of Texas, Tom Lantos of California,
Sander Levin of Michigan, Nita Lowey of New
York, Jerrold Nadler of New York, Steve Rothman
of New Jersey, Jan Schakowsky of Illinois, Brad
Sherman of California, Norman Sisisky of Virginia,
Henry Waxman of California, Anthony Weiner of
New York, and Robert Wexler of Florida. The
senior Jewish Democrat in the House is Representative
Waxman, who easily won his 14th term.
Implications
The narrowing of already narrow Republican majorities
in both the House and the Senate, combined with
the fact that the next President will come to
office with the narrowest of Electoral College
margins and with an actual minority of the popular
vote, opens the door to at least two scenarios
for the 107th: a Congress in which there is
a premium on moderation and bipartisanship,
since failure to satisfy the moderate centre
of both parties will deny the majority functional
control, or (perhaps more likely) a Congress
in perpetual gridlock, as both the majority
and minority find their agendas driven by the
most ideological wings of their parties and
the desire to position for the election of 2002.
Which path Congress takes will turn in part
on how President-elect Bush relates to members
from the opposing party; he has already signalled
a desire to reach across the aisle, and even
to appoint Democrats to his administration,
although some in his own party, after eight
years in executive branch Siberia, have expressed
profound reservations with such open-mindedness.
With education at the top of both Democratic
and Republican agendas, many eyes will be watching
how the issue fares in the new political constellation.
The 106th Congress failed to reauthorise the
1965 Elementary and Secondary Education Act,
the first time that this law has failed to be
reenacted when due. Reauthorization stalled
when Republicans sought to use this initiative
to limit the federal role in education and incorporate
vouchers provisions, while Democrats sought
to increase funding for education programs that
would, among other things, decrease class size
and modernise and repair school facilities.
While the least one can expect is that funding
for existing programs will continue at current
levels, it is hard to see how this logjam will
be broken in the 107th Congress.
The new Congress provides good prospects for
at least moderate reform in the treatment of
immigrants. During its lame duck session, the
106th Congress produced a final package
that failed, unfortunately, to enact most of
a number of pending immigration initiatives
that would have promoted fairer treatment of
immigrants. There has, nevertheless, been growing
consensus in favour of a rollback of certain
provisions of the 1996 immigration law's assault
on the due process available to legal immigrants
and would-be asylum seekers. It is possible
that the narrower margins in Congress will be
helpful in moving forward on reforms of the
immigration law, such as legislation directed
at continuing the restoration of public benefits
available to legal immigrants, providing for
equitable treatment of Latino and other immigrants
in terms of eligibility for normalisation of
status, more extensive due process reforms than
those on which there is already apparent consensus,
and modification of expedited exclusion procedures
applicable to those seeking asylum. Much here
will depend on the support President-elect Bush
is willing to give these measures; although
he and his opponent both campaigned on "pro-immigrant"
planks, there were clearly differences in the
policies they would endorse, and the Bush immigration
agenda is yet to fully evolve. (One good omen:
By all reports, incoming National Security Adviser
Rice is greatly concerned with issues affecting
refugees.) Another crucial variable in the 107th
Congress will be the change at the helms of
both the Senate and House Judiciary subcommittees
charged with responsibility for immigration
policy. Senator Abraham, the outgoing immigration
subcommittee chairman and a friend of immigration
advocates, was, as noted, defeated in his bid
for reelection; Representative Lamar Smith of
Texas, Abraham's House counterpart, who was
not regarded by advocates as friendly to immigrants'
concerns, was compelled by Republican caucus
rules to relinquish his chairmanship.
The Hate Crimes Prevention Act will face hard
sledding in the coming year. Even though this
bill was endorsed by majorities in both houses
of Congress, it was dropped this year, because
of sharp opposition by congressional leadership,
from the appropriations bill in which it had
been included. It failed to make it into any
other of the vehicles on which Congress acted
before the session closed. The leadership's
opposition will not change with the new Congress,
and President-elect Bush, who has opposed federal
hate crimes legislation, may well join the congressional
leadership in seeking to thwart the bill's enactment.
Also in doubt is the future of federal affirmative
action programs, which President-elect Bush
has criticised, and which he may decide to roll
back using his administrative powers. At the
congressional level, the tightened margins are
likely to make it more difficult to move against
affirmative action programs; even in the outgoing
Congress there was no enthusiasm by opponents
of affirmative action to engage this fight.
But those opponents may now be energised by
an ally in the White House.
Finally, and perhaps most crucially, President-elect
Bush will likely have the opportunity to appoint
one or more justices to the United States Supreme
Court, with all that portends for church-state
issues, civil rights, and abortion. He will
be pressed by conservatives in his party, and
he may be moved by his own political compass,
to try through such appointments to shift the
Court's centre rightward. Already confronting
an evenly split Senate that will make confirmation
of justices a challenge in any event, the centrality
of the Supreme Court as an issue was only amplified
when the Court placed the final seal on Bush's
election, by a 5-4 vote, on December 12. The
unprecedented political circumstances that brought
him to office and that he will now face on Capitol
Hill may encourage the new President to seek
nominees who are at least ostensibly moderate
and thus less likely to ignite a firestorm of
Borkian proportions.
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