Tag: confirmations

Chuck Hagel to the Pentagon: Rough Passage, Welcome Result

President Barack Obama’s nomination of former Republican senator Chuck Hagel as defense secretary forced the GOP to choose between the past—especially a discredited president who blundered disastrously in Iraq—and the future, represented by a Republican who felt more loyalty to his country than his party. Unfortunately, the GOP chose the past.

Ironically, a group of Republicans wrote the president urging him to withdraw the nomination, contending that Hagel’s lackluster performance at his confirmation hearing raised “serious doubts about his basic competence to meet the substantial demands of the office.” Yet it is his critics who failed to demonstrate even a basic interest in military policy and to justify the trust placed in them by voters. 

For instance, the hearings on Hagel’s nomination amounted to a poor imitation of Kabuki Theater, with Republicans more interested in scoring cheap political points than in discussing substantive issues. While GOP members complained that Hagel was ill-prepared for the challenges facing the Pentagon, they failed to ask him serious questions about serious issues—coping with budget cuts, simultaneously engaging and constraining China, dealing with a fading NATO.

That’s too bad, because Hagel probably had answers. Far better answers than would come from the GOP’s permanent war caucus. In fact, Republican senators like Lindsey Graham (R-SC) are traditional tax, borrow, and spend liberals when it comes to the military: bigger and more expensive is always better. They have no idea how to cope with the coming end of Washington’s wild debt party.

Hagel offers a sharp contrast that embarrasses his former partisan colleagues. Wrote Michael Hirsh in National Journal: “what has gone largely unnoticed by the punditocracy is that, over the past decade or so, the former Republican senator from Nebraska has distinguished himself with subtle, well-thought-out, and accurate analyses of some of America’s greatest strategic challenges of the 21st century—especially the response to 9/11—while many of his harshest critics got these issues quite wrong.”

Hagel’s tough confirmation battle was but the first of the many troubles he is likely to face in his new job. Recalibrating America’s role in the world to reflect greater foreign influences and fewer domestic resources may pose difficulties nearly as vexing as coping with the Soviet Union during the Cold War. 

However, Chuck Hagel has the ability to rise to the challenge. Unfortunately, he isn’t likely to get much help from Capitol Hill. Certainly not from his old GOP colleagues, who appear to be locked in the past. Secretary Hagel will need to look elsewhere to find support for the necessary transformation of America’s foreign and military policies.

Big Government Causes Hyper-Partisanship in the Judicial Appointment Process

Earlier this year, the Georgetown Journal of Law & Public Policy hosted a symposium on “Hyper-Partisanship and the Law.” The journal editors graciously invited me to join an august panel on partisanship in the judiciary that included George Mason University Law School’s Todd Zywicki and the U.S. Chamber of Commerce’s Rachel Brand. (Brand ran the DOJ’s Office of Legal Policy, which is responsible for vetting and advising the president on judicial nominees, from 2005 to 2007.)

The symposium video isn’t available online, but the participants were invited to publish their presentations in this summer’s issue of the GJLPP. Zywicki has already blogged about his paper, “The Senate and Hyper-Partisanship: Would the Constitution Look Different if the Framers Had Known that Senators Would Be Elected in Partisan Elections?”

My (short) article is entitled “Big Government Causes Partisanship in Judicial Nominations.” Here’s an excerpt:

In 1962, Byron White’s hearing lasted 15 minutes and consisted of three questions.  Can you imagine that happening now?  Most district court nominees would take that deal.  Is it because of TV and the media and the instant sound bite and the new media with the Internet and social networking and all the rest of it?  Is it because the issues have gotten more ideologically divisive?  I think the answer isn’t really any of these.  It isn’t that there’s been a corruption of the confirmation process, the nomination process, presidential or senatorial rhetoric, or the use of filibusters.  It’s a relatively new development but one that’s part and parcel of a much larger problem: constitutional corruption.

As government has grown, so have the laws and regulations over which the Court has power.  The Court’s power has grown commensurate with the power of Congress, because all of a sudden it’s declaring what Congress can do with its great powers and what kind of new rights will be recognized.   As we have gone down the wrong jurisprudential track since the New Deal, judges all of a sudden have more power behind them and the opportunity to really change the direction of public policy more than they ever did.

Read the whole thing (not yet in the final format). My presentation largely tracked some of the points Roger Pilon made in his seminal (and now decade-old) paper, “How Constitutional Corruption Has Led to Ideological Litmus Tests for Judicial Nominees.” You should read that too.