Monday, September 18, 2017

Judd Gregg: The art of legislating

Judd Gregg: The art of legislating
By Judd Gregg, opinion contributor - 09-18-17 06:00 AM EDT

If President Trump and his people want to do "huge" things (to borrow from his vocabulary), they are going to have to pass legislation.

As is becoming painfully obvious to veterans of the Obama administration, things done through regulation alone tend to have a short half-life if you lose the next election.

Unfortunately, some of those who claim to be the president's most ardent supporters do not seem to understand this fact. They confuse loudness with accomplishment.

Interestingly, the president appears to be adjusting his approach, with his outreach to the Democratic leadership of the Congress over the last few weeks.

In terms of White House personnel, he has left some of his most vociferous folks behind. He has, at the least, given the appearance of being open to governing through compromise. He might even be accused of adding an "establishment" air to his repertoire.

Of course, his approach has been tinged with his usual unique quirks. In reaching out to the Democratic leadership, he seems to have forgotten that the Republican leadership still controls Congress and actually needs to be in the room when agreements are reached.

The idea of bipartisan government or government based on compromise involves a lexicon that is unacceptable to the president's adoring throngs.

But as he moves forward into this brave new world of cooperative government, here are a few thoughts.

Some ought to be obvious but are not; the list is intended to be useful but it is not exhaustive.

Call it: The Art of Legislating

- In legislating, you cannot be effective if you do not pass proposals that meet your goals. Legislating does not take a village, but it does take a working majority. If the president is to seek a working majority by including the Democratic leadership, he needs to be sure that his Republican members are on board too.

- Majority building in a legislature is personal. Knowing the individuals whose support you need is critical. Gratuitously attacking one's potential allies because you feel that have not been supportive enough rarely leads to good outcomes.

- Compromise is considered a weakness by those who shout from the corners and claim a purity of purpose. In the real world, it is the essence of how things get done.

- It is not necessary to forgo one's core values and goals to reach agreements with those who have different values and goals. All that is needed is a willingness to deal with people who understand that governing does not occur without compromise. Results can be found that are acceptable to both sides. This is easier then it seems, if it is pursued with integrity, diligence and patience.

 - Share the microphone. The more people who are involved in an idea or piece of legislation, and who want credit for it, the more likely it is to pass. Thus getting people to buy into your purpose and take ownership of it gives you the support needed to pass legislation. Without such buy-in, you end up as a general without soldiers.

- In the legislative process, the distance from start (an idea, or a statement of intention) to end (the signing of a law) is very long. Setbacks are inevitable when you are trying to build a coalition to govern a nation of more than 300 million people. Perseverance is the key, not impatience.

- Some issues will be inherently partisan, but do not allow the battle over these issues to intensify to the point where the opportunity to address other issues in a bipartisan manner is lost. In legislating, today's opponent may be tomorrow's ally. Make enemies sparingly and choose them purposefully.

- When you win on a contentious issue, do not taunt your opponent. Say that you hope to have their support next time. There is no downside to showing courtesy and respect for your opponent - usually.

- Public opinion is the fuel of success and the engine of action. Keep it on your side by making your case for initiatives aggressively. Frame them so that people see the benefit to themselves if you succeed in passing the legislation.

- Do not allow those who have no interest in actually governing to control the dialogue. Shouting is not governing, even though it may get the most attention. What most Americans expect and want are results that benefit the nation.

As the president sets forth on what appears to be a new direction, pursuing the inclusion and participation of the Democratic leadership in Congress, it is important that he and his people recognize that this is not a short cut to delivering effective government. It is simply a side road.

He will also need the Republican leadership and constructive Republicans in Congress to join him on this highway. He should respect their role and their independence as much as he seems to desire the participation of the Democratic leadership.

Such goodwill and support will come through inclusion, not through exclusion or degrading comments.

The president needs to remember that there is as much art in legislating as there is in making a deal.

Judd Gregg (R) is a former governor and three-term senator from New Hampshire who served as chairman and ranking member of the Senate Budget Committee, and as ranking member of the Senate Appropriations Foreign Operations subcommittee.

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