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The critical November 2018 mid-term election

The Arena, Abba Eban Institute, IDC, November 1, 2018, https://bit.ly/2JvJbth
https://bit.ly/2rgyMMh

Trump: a coattail – or an anchor chained – President?

The November 2018 mid-term election will determine the future maneuverability of President Trump, and will shape the dominant worldview of the strongest legislature in the world, which is co-determining and co-equal to the executive branch, and Israel’s systematic and most effective ally in face of pressure by all US Presidents from Truman through Obama.

The coming mid-term election will be – once again – a referendum on the popularity of a sitting President: 49% approval rating (50% disapproval) of President Trump, according to a November 1 Rasmussen Reports; 40% (54% disapproval) according to an October 28 Gallup poll; 43.9% (53% disapproval) according to an October 31 RealClear Politics.

Will Trump be a coattail-President elevating the Republican party to mid-term election gains in the House and Senate, as has happened on rare occasions, such as the 1934 election (President Roosevelt), 1998 (President Clinton) and 2002 (President G.W. Bush)?

Or, will Trump be an anchor-chained President pulling the Republican party down to significant losses – and even to minority status in one/both Chambers – as has usually been the case: President Obama (2014 and 2010), President G.W. Bush (2006), President Clinton (1994), President G.H. Bush (1990), President Reagan (1986 and 1982), President Carter (1978), President Ford/Nixon (1974), etc.?

Since 1950, a sitting President’s party has lost an average of 24 House seats in the mid-term election, which is the minimum required for a Democratic House majority in 2019.  The current balance is: 241 Republicans and 194 Democrats.

The Senate hurdle – facing the Democrats – is much higher, since the 35 Senate seats up for the coming November election consist of 9 Republicans and 26 Democrats, 10 of whom are in states won by President Trump in 2016 (only 1 Republican incumbent from a state won by Hilary Clinton in 2016), and 13 Democratic incumbents from states with a republican governor (no Republican incumbent from a state governed by a Democrat).

While sustaining the Republican majority in the House and Senate would maintain President Trump’s relative-freedom of operation, a loss of one/two Chambers would tie his hands internally and globally, commercially and militarily, due to the power of the US Legislature, which was deemed by the Founding Fathers as the “secret weapon” against a potential tyranny of the Executive.

The centrality of the US constituent and Congress

The unique power of the US Legislature – compared to all other democracies – was crafted by the 1789 US Constitution, which enshrined the concept of liberty (impacted by the Biblical concept of Jubilee, as inscribed on the Liberty Bell), by ensuring the co-equal, co-determining and independent status of the Legislature, as defined by the first article of the Constitution.

At the same time, the Constitution limits the power of the President, who – unlike other Western democracies – is not a super legislator, does not determine the legislative agenda, nor the identity of the legislators and the leaderships of the House and Senate, committees and subcommittees.

The natural ultra-ambition of the Executive branch is neutralized (in the US) by a complete separation of power among the co-equal and co-determining Legislature, Executive and Judiciary; an elaborate system of checks and balances; endowing the Legislature with the Power of the Purse and Oversight of the Executive; and the co-existence of the Federal government side-by-side with the governments of the 50 States. This transforms the American voters into the strongest constituents in the globe, directly determining the fate of their legislators, and the level of Presidential maneuverability, every two years.

Therefore, legislators are loyal, first and foremost, to their constituents, lest they follow in the footsteps of Democratic House Speaker Tom Foley (defeated in the 1994 general election) and Republican House Majority Leader Eric Cantor (defeated in the 2014 primaries), who were substantially more engaged with national party issues, than with the concerns of their district constituents. In fact, the clout of constituents – who opposed the increase of imports – caused 2/3 and over 1/2 of the Democratic House Representatives to vote against Democratic President Clinton’s Free Trade Agreements with China (in 2000) and Canada (in 1993) respectively.

The US Constitution provides Congress with the power to limit, amend, suspend, rescind, fund/defund and investigate Presidential policies, establish and abolish government agencies (e.g., in 1947 and 2001, Congress established the CIA and the Department of Homeland Security respectively), initiate and terminate the development of military systems, confirm/reject appointments to top government positions, ratify/reject international treaties, covenants and agreements, impose/remove sanctions on foreign countries, etc.

Amending the US Constitution requires a 2/3 majority in both Chambers in addition to 3/4 of the Legislatures of the 50 States – a majority which is extremely difficult to assemble, and therefore only 27 Amendments to the Constitution have been approved so far.

Legislators prefer to focus on district and state issues – which preoccupy their constituents – rather than national security and foreign policy issues, which attract the attention of a slim percentage of the constituency.  However, the Legislature can flex its awesome muscle and severely limit or overrule a President – on domestic, national security and foreign policy issue – when a President acts like a monarch, ignores the Legislature, implements a significantly failed policy, or departs sharply from the worldview of US voters.

Globalization has expanded the number of congressional districts, which depend on foreign trade and the global arena, hence the substantially expanded number of legislators involved in international-oriented legislations.

Limiting the Commander-in-Chief

While the US Constitution (Article 2, Section 2) refers to the President as the Commander-in-Chief, his maneuverability can be heavily constrained by Congress.

For example, in 1974, Congress legislated – in defiance of the Administration – the Jackson-Vanik Amendment, which facilitated the Aliyah (immigration) of one million Soviet Jews to Israel.  In 1964, Congress passed the “Gulf of Tonkin Resolution,” which authorized President Johnson to launch the military involvement in Vietnam, but in 1973 – in defiance of President Nixon – the Church-Case Amendment terminated the US military involvement in Southeast Asia, as did the Clark Amendment (1976) and the Boland Amendment (1984) – in defiance Presidents Ford and Reagan respectively – to the US military involvement in Angola and Nicaragua, respectively. In 1986, Congress overrode President Reagan’s veto of the Comprehensive Apartheid Act, which paved the road to ending South Africa’s Apartheid regime. In 1999, President Clinton signed the Comprehensive Test Ban Treaty, but the Senate has yet to ratify it. The 2012 Defense budget included Congressional sanctions, which halved Iran’s oil export, contrary to President Obama’s policy. In 2012, in opposition to President Obama’s stance – Congress reduced foreign aid to the Muslim Brotherhood government of Egypt by $450MN. In 2015, the Senate refused to ratify the Iran Nuclear Agreement (JCPOA), thus enabling President Trump to withdraw from the agreement in 2018. In 2017/2018, Congress enacted the Russian Sanctions Bill, notwithstanding President Trump’s opposition.

Congress and Israel

Being the most authentic representative of the US constituency, both Congressional chambers reflect the special attitude by the American people toward the Jewish State since the 17th century’s Early Pilgrims. According to the 2018 annual Gallup poll of country-favorability, Israel benefits from a 74% favorability (71% in 2017).  Israel is perceived as a special ally, morally and strategically, in a region with is vital to the US economy, national and homeland security.

For instance, in 1891 – six years before the First Zionist Congress – 431 top US personalities, including the Chief Justice, the House Speaker, additional Congressional leaders, Governors, Mayors and businessmen, signed the (William) Blackstone Memorial, calling for the establishment of a Jewish State in the Land of Israel. In 1947/48, the State Department, Pentagon and CIA, along with the NY Times – in contradiction to public opinion and Congress – lobbied brutally against the establishment of the Jewish State. In 1957, leaders of the US Senate and House (led by then Senate Majority Leader LBJ) forced President Eisenhower to retreat from imposing sanctions on Israel (in an attempt to force an Israeli withdrawal from the Sinai Peninsula and Gaza), but they were “outflanked” by Israel’s full withdrawal…. During 1990-1992, Congress (led by the late Senator Daniel Inouye – D-HI) expanded US-Israel strategic cooperation unprecedentedly, notwithstanding the systematic, aggressive opposition by President G.H. Bush and Secretary of State Jim Baker. In 2014, Congress thwarted President Obama’s attempt – during the Protective Edge war in Gaza – to withhold $225MN, which were committed to Israel’s acquisition of Iron Dome’s missiles.

The 400 year old roots of the special American attitude toward the Jewish State; the track record of Israel as a uniquely unconditional, reliable, effective ally, militarily, economically, scientifically and morally; as well as Israel’s role/potential in face of the mounting challenges and threats to the US and the Free World, provide for the sustained Congressional support of enhanced US-Israel strategic cooperation, in spite of the retirement of a relatively-large number of pro-Israel legislators, and the expected election of a few potentially-hostile new legislators.

The US public, in general, and the 2019 incoming Congress, in particular, will approach Israel, by and large, in accordance with Israel’s proven and potential contribution – to the US – in facing the threats of the anti-US Iran’s Ayatollahs; Sunni and Shite terrorism (from the Middle East to Latin America); and the need to bolster the pro-US Arab regimes, which have the Ayatollahs’ machete at their throats.

The incoming Congress will become, increasingly, aware of Israel’s proven capabilities (already benefitting the US and the pro-US Arab regimes) in the areas of intelligence, counter-terrorism, conventional warfare, counter-Cyber warfare, upgrading and developing military systems, groundbreaking hi-tech innovations, irrigation, agriculture, etc.

The November 2018 midterm election will produce the 116th Congress, which will determine the domestic and international maneuverability of President Trump, including US-Israel relations, which have been transformed from a one-way street to a mutually-beneficial, two-way street relations, increasingly benefitting the US militarily and economically.




Videos

The post-1967 turning point of US-Israel cooperation

Israeli benefits to the US taxpayer exceed US foreign aid to Israel

Iran - A Clear And Present Danger To The USA

Exposing the myth of the Arab demographic time bomb

Congress – the co-equal and systematic ally of Israel

Presidents propose and Congress disposes

On September 23, 2021, the US House of Representatives voted 420:9 to replenish the Israeli-developed defensive “Iron Dome” missiles, which are increasingly manufactured – and eventually exported – by the US defense company Raytheon, that benefits from the battle-tested “Israeli laboratory.”

The overwhelming vote reflects Congressional realization that the “Iron Dome”:

*Enhances Israel’s posture of deterrence, which is critical to the survival of all pro-US Arab regimes and minimization of regional instability;
*Reduces the need for full-scale Israeli wars on Palestinian and Islamic terrorism;
*Provides an alternative to Israeli military ground-operations against Palestinian terrorists, which would entail substantial Israeli and Palestinian fatalities;
*Represents joint US-Israel interests, militarily and technologically, in the face of mutual threats (e.g., Islamic terrorism) and mutual challenges (e.g., developing world-class, game-changing technologies).

*Constitutes another example of the systematic support by Congress of enhanced US-Israel cooperation.

The decisive role played by Congress in the replenishment of the “Iron Dome” underscores the cardinal rule of the US political system: The President proposes, but Congress disposes.

The involvement of Senators and House Representatives in foreign policy and national security-related issues has surged since the Vietnam War, Watergate and Iran Gate scandals, the dismantling of the USSR (which transformed the world from a bi-polar to a multi-polar) and rapidly-expanding globalization.

In fact, former Secretary of State, Jim Baker, complained about the growing congressional assertiveness in the area of foreign policy: “You can’t conduct foreign policy with 535 Secretaries of State….”  Former Secretary of Defense, Dick Cheney, criticized Congress for micromanaging the defense budget: dictating how much to spend on particular weapons, imposing detailed requirements and programmatic restrictions, venturing into policy-setting and requesting that the Department of Defense submits mountains of reports.

Congressional muscles 

The US Congress is the most powerful legislature in the world, and it has demonstrated its co-equal, co-determining muscle in the areas of foreign and defense policies on many occasions, such as:

*Imposing sanctions against foreign countries in defiance of Presidents Clinton, Obama and Trump (e.g., Egypt – 2012, Iran – 1996-97 and 2013, Russia – 2017);
*Non-ratification of the 2015 JCPOA, which enabled withdrawal by the US;
*The 2009 non-closure of the Guantanamo Detention Camp was led by Senate Majority Leader, Harry Reid (NV-D), in defiance of President Obama.
*The 2009 non-confirmation of Charles Freeman to the Director of National Intelligence was led by Senator Chuck Schumer (NY-D);
*The 1999 non-ratification of the Comprehensive Test Ban Treaty in defiance of President Clinton and the international community;
*The unprecedented expansion of US-Israel strategic cooperation took place despite stiff opposition by President Bush and Secretary of State Baker;
*The Comprehensive Anti-Apartheid Act overrode President Reagan’s veto;
*The 1984 Boland Amendment aborted President Reagan’s financial and military aid to anti-Communist elements in Nicaragua;
*The 1983 blocking of President Reagan’s attempted coup against the Surinam pro-Soviet regime;
*The 1978 Foreign Intelligence Surveillance Act mandated congressional authorization of surveillance of persons and organizations, which may threaten national security;
*The 1975/76 Tunney (CA-D) and Clark Amendments stopped financial and military covert support of the opposition to the pro-Soviet regime in Angola;
*The 1973 Church-Case Amendment ended funding of military involvement in Southeast Asia;
*The 1973 War Powers Act overrode President Nixon’s veto;
*The Jackson-Vanik Amendment preconditioned aid to Moscow upon free immigration.

Congress empowered by the Constitution

As documented in the aforementioned paragraphs, one is advised to note that while Congress is preoccupied with District and State issues, it has the power to both propose and dispose in the areas of foreign and defense policies.

The US Constitution aspires for a limited government and a non-monarchical president, and therefore does not limit Congress to overseeing the budget. It provides the Senate and the House of Representatives with the power to act on strategic issues and policy-setting.

The Constitution accords Congress ”the power of the purse,” oversight of government operations, ratification of treaties, confirmation of key appointments, declaration of war, funding of military operations and cooperation with foreign entities, creation and elimination of government agencies, imposing sanctions on foreign governments, etc.

In other words, the President is the “commander in-chief” within constraints, which are set by Congress.




Videos

The post-1967 turning point of US-Israel cooperation

Israeli benefits to the US taxpayer exceed US foreign aid to Israel

Iran - A Clear And Present Danger To The USA

Exposing the myth of the Arab demographic time bomb