Bettmann/Corbis
President Franklin D. Roosevelt signing the National Recovery Act.
PRESIDENT OBAMA has endured much criticism of his legislative skills
from his fellow progressives. His conciliatory approach has been
compared unfavorably with Franklin D. Roosevelt’s gleeful pugnacity and
Lyndon B. Johnson’s relentless arm-twisting. His willingness to strike
deals with corporations has been tagged “business as usual.” Many
progressives, frustrated over the past three years, have concluded that
the political system is fundamentally broken because corporate power has
been allowed to suffocate popular liberal policies.
But the Supreme Court’s upholding of Mr. Obama’s health care law reminds
us that the president’s approach has achieved significant results. If
his liberal critics paused to assess how he achieved such results, they
would not see a system paralyzed by corporations; they would see that
the most liberal reforms in more than 40 years have been brought about
because Mr. Obama views corporate power as a force to bargain with, not
an enemy to vanquish.
The necessity of corporate support for, or at least acquiescence to,
liberal policies is not a new development in the history of American
liberalism. Indeed it has been one of its hallmarks.
Roosevelt may be remembered for his combativeness toward corporations;
he famously said, “I welcome their hatred.” But he said that in 1936,
only after key New Deal legislation had passed with the help of the
United States Chamber of Commerce and the American Bankers Association.
Early on, Roosevelt was quite adept at bargaining with corporations. In
his first 100 days, to attract corporate support for the National
Industrial Recovery Act, he won collective bargaining, minimum wages and
maximum hours in exchange for a temporary suspension of antitrust law,
so businesses could fix prices. To establish the Securities and Exchange
Commission in 1934, he made concessions to Wall Street that scrapped
statutory requirements in favor of regulatory flexibility. The following
year, to allow the Federal Reserve to better conduct monetary policy,
he gave bankers representation on the policy committee.
Johnson also found little value in warring with corporations. He won a
Keynesian tax cut in early 1964, defeating budget-conscious
conservatives, thanks to a broad coalition that included corporations.
He attracted business support to back his first antipoverty bill by
junking plans to promote family farming and push businesses to hire
long-term unemployed people. He created the Transportation Department,
in 1966, only after exempting resistant shipping interests from its
jurisdiction. He incited a new era of environmental protection,
increasing federal responsibility for cleaning air and water, while
defusing corporate opposition by trading away federal pollution
standards.
Democratic presidents typically pay dearly when they choose to fight
corporations instead of deal with them. Jimmy Carter sapped his
political capital in the first two years of his presidency by trying to
pass, with belligerent anticorporate rhetoric, a National Energy Act
that would reduce our dependence on oil. He gave two major national
addresses intended to rally the public and fend off critics’ attacks. At
a town hall, he lashed out at oil companies for enjoying “a position of
privilege in our country for too long” and having undue influence in
Congress. But these confrontational tactics failed to rouse enough
public ire to trump that influence, and Mr. Carter settled for a far
smaller energy bill than he originally demanded.
Or consider President Bill Clinton. In 1993, his health care task force
largely resisted meeting with insurance lobbyists as it drafted
legislation. In turn, the insurers didn’t wait for the legislation to be
finalized before embarking on a vicious advertising campaign. When the
first lady, Hillary Rodham Clinton, tried to belittle that effort,
fund-raising for the insurance lobby skyrocketed and its advertising
budget quintupled. Mr. Clinton, his bully pulpit diminished, couldn’t
get Congress to vote on his bill. He suffered such a humiliating defeat
that his ability to enact any other progressive reform was severely
crippled.
The realities of corporate power cannot be wished away by any president,
no matter how tough the talk, because corporations can and will spend
freely during the legislative process. And when they are unified, they
have the resources to dominate debate. Even the progressive holy grail —
a constitutional amendment banning corporate campaign donations — would
not stop that.
BUT when corporations are divided or mollified, reformers can breathe.
The president can be heard. Business owners can be convinced that they
will remain profitable. The dim prospect of perpetual gridlock can be
trumped by the allure of regulatory certainty.
Just look at how Mr. Obama handled the health care law. Recently
released e-mail exchanges between the White House and the pharmaceutical
lobby, which detail a path of compromises that won the drug industry’s
support for the Affordable Care Act, certainly look more like “business
as usual” than “change.” The e-mails include a White House promise of a
“direct line of communication” to lobbyists, along with a suggestion to
“stay quiet” about an agreement that buried a proposal for cheap drug
imports.
But the e-mail trove is a case study in how liberal change becomes
reality. The key to President Obama’s success was enlisting drug
companies to pay for pro-reform advertisements. He also persuaded health
insurers to forgo a major opposition campaign — by accepting the
industry’s proposal for the individual mandate to buy private insurance
and dropping plans for a competing public insurance option. As the final
vote neared, the United States Chamber of Commerce and other
organizations spent millions of dollars on advertisements attacking
“Obamacare.” But the pharmaceutical industry effectively matched the
chamber’s money in supportive advertisements, blunting the impact of the
criticism.
Health care was not an anomaly for Mr. Obama. His original stimulus
package never faced well-financed conservative opposition in part
because the United States Chamber of Commerce backed the business tax
cuts in the package. We got a Consumer Financial Protection Bureau after
Mr. Obama put Wall Street at ease by resisting proposals to cap the
size of banks. New standards lifting average fuel-efficiency goals were
set once the White House accepted the automakers’ demand for a review in
2021 and flexibility regarding light trucks. The food safety bill
empowered the Food and Drug Administration to recall tainted items but
won industry support by dropping a ban on bisphenol A, or BPA, a
chemical used in food and beverage containers.
The necessity of forging coalitions with corporations is understandably
difficult for progressives to accept. Every time it happens,
corporations seem to quickly go back to their usual tricks. They lobby
to weaken enforcement. They litigate to have rules overturned. They
abandon politicians who risked compromise for them. Corporations are
exasperating, irritating and untrustworthy partners.
But most of the time politics is exasperating and irritating, not
euphoric and cathartic. As Roosevelt himself told a group of
dissatisfied youth activists in 1940, “if you ever sit here you will
learn that you cannot, just by shouting from the housetops, get what you
want all the time.”
As much as Roosevelt enjoyed pugnacity, he also understood its limits.
Because Mr. Obama heeded this lesson of liberal history, there was a
health care law for the Supreme Court to uphold.
Bill Scher is the executive editor of
LiberalOasis.com and host of the LiberalOasis Radio Show podcast.
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