Kennedy: Policy Over Politics

Over the last two weeks, I’ve heard countless arguments about what the death of Ted Kennedy means to everything from health care to bipartisanship to the legacy of the New Deal to overall themes of leadership and compromise in Washington. At least in the mainstream media, there has been little nuanced introspection and examination of the what his legislative accomplishments may teach us about the policy dilemmas of the current day. Rather, most commentary, like virtually everything else on the airwaves during the congressional recess, has been dominated by political opportunists and windbag journalists who know of little outside of the rules of thumb that they have been taught in their elite circles. As I think about all of this, I myself ponder what Ted Kennedy’s real legacy may be for the substantive policy debates in months and years ahead

Outside of the man, his family, and close friends, most of us cannot begin to know for sure what Ted Kennedy himself would think. Instead, let’s take a look at his life of policy work through our own unique lens. By understanding this legacy, we can better frame our own ideas about the current situation and what may be the way forward.

Policy Lessons: Liberal Lion or Man of Compromise?

Of course, like all of us, Ted Kennedy’s life was anything but perfect. From the privileged youngest son of Camelot and playboy philanderer to the elder statesman who became a champion of the working class, Ted Kennedy lived an interesting life indeed. Most of us probably know the beginning and end of this story, along with several chapters in-between. However, what I believe is most instructive are the policy and legislative lessons of the period post-1980, after Kennedy’s presidential ambitions were slammed shut for good.

It was during this latter stage of his career that Ted Kennedy became known for being able to reach across the aisle to get things done. During this era, Kennedy was largely responsible for more legislation than any other Senator could dream of. There are too many bills to mention, but a few significant ones that Kennedy played a major role in during this time include:

The Americans with Disabilities Act

The Family and Medical Leave Act

The State Children’s Healthcare Insurance Program

No Child Left Behind Act

I purposely have included No Child Left Behind on this list as it is a bill that is often not all that popular with the base of the so-called Liberal Lion. This bill in particular has led many right-wing commentators to argue that Ted Kennedy was all about a compromise akin to capitulation, as so many of his centrist Democratic colleagues unfortunately have been over the past three decades. However, nothing could be farther from the truth. While Ted Kennedy was perfectly willing to compromise the means, I have yet to find an instance in this period where he compromised the ends. In order to get more funding for education, yes, he was willing to agree to tougher standards for teachers and more accountability through testing.  (Yes, the Bush administration did not follow through on all of the promised funding, but funding did increase.) Sure, in order to get a path for citizenship for illegal immigrants, he was willing to negotiate other issues with John McCain and George W. Bush in the immigration bill on which President Bush jumped ship after a backlash from his own base. However, at the end of the day, while he often was willing to meet the other side half way, that is not the same thing as capitulating on the main reason/goal that brought him to the negotiation table in the first place. If your goal is to provide all Americans affordable insurance options, you can be willing to negotiate the means of getting there, but any man or woman of principle simply cannot be willing to negotiate away the end goal.

While Ted Kennedy’s legislative record does teach us that one can accomplish much by being willing to accept frameworks that could be expanded in the future, it tells us nothing of  agreement to self-aggrandizing political compromises that have no real policy implications to ever improve the lot of those who you aim to help. According to recent reports, this type of debate is currently going on between the policy and politics people in the Obama administration. I firmly believe that the lessons of Kennedy’s legislative experience squarely support the ideals of the policy camp and those who choose real substance over faux accomplishment and photo ops.

What’s the Matter with Such Principled Negotiation Today?

Part of the problem with going a bipartisan route to achieving such compromise on policy matters, including the processes and mechanisms of bills such as health care, is that lately it seems that virtually no Republicans share the same overall end goals to improve policy. Sure, we may all disagree on what policy improvement should look like, but in order to negotiate we must at the very least agree that our end goal is to actually improve policy and not to simply pump up our political agendas. If it was a given that 10 GOP Senators honestly agreed to the goals of a good health care bill that extended affordable coverage to 95% of Americans, then Ted Kennedy’s type of compromise would work. If such honest negotiation was taking place on both sides of the aisle, the Senate finance committee would have reached an agreement months ago instead of being nothing but a vehicle for delay meant to kill any real reform. Unfortunately, in the current debates, it seems that with the possible exception of the two Senators from Maine, there are no honest brokers on the GOP side of the aisle today. For believers in a healthy diverse intraparty political system, this is disappointing to say the least.

Given these current dynamics, anyone who falls for such a bipartisan negotiation trap in the current political environment is at best naive, at worst guilty of political malfeasance. It would be akin to negotiating with Strom Thurmond over civil rights or Jefferson Davis over slavery. In times when there is no loyal opposition that is serious about policy improvements, bipartisanship is nothing but smoke and mirrors. Thankfully during many legislative battles of the past, such as the civil rights battles of the 1950s and 1960s, there were supporters of change on both sides of the aisle and bipartisan compromise was not only possible, but the only way forward. Unlike today, during this time period both parties had national support that crossed both geographical and ideological lines.  When ideology and worldviews cross cut party identification on certain issues, those issues are ripe for bipartisan compromise. Otherwise bipartisanship means nothing.  Unfortunately the only real substantive policy negotiation that can occur today is between members of the same political party. This much has been obvious for a long time to anyone who has had their eyes open.

Bottom Line

When it comes to health care and other pending issues such as global climate change legislation, President Obama and Democrats in Congress need to choose policy over politics and hold out  the hope that doing the right thing for those who elected them will win out at the ballot box at the end of the day. It can’t be the other way around.  A real leader can do more with a four year window than a series of weak leaders could ever hope to accomplish in decades of impotent rule. It’s time for real leadership and adherence to ideals that would make Ted Kennedy proud.

Any views expressed here do not necessarily represent the views of any organizations that the author is in any way affiliated with.