Congress Needs to Beware of Growing Populist Anger

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Why did the Democrats lose the House in 1994 after 40 years of rule?

One can make a case that the early stumbles of the Clinton White House, including the excruciating delay in enacting an economic plan along with the failure to get health care through, created a backlash against ineffective one-party government. One can make a case that former Speaker Newt Gingrich’s (R-Ga.) long-term plan to nationalize the Congressional elections, culminating in the “Contract with America,” finally provided a coherent and attractive alternative. But a critical element in the public backlash against the status quo in Congress was the populist anger at the elitism and corruption that the public saw engulfing Washington, D.C.

The first eruption of that populist anger came in 1989, with a pay raise for federal officials that had been endorsed by outgoing President Ronald Reagan, incoming President George H. W. Bush and all Democratic and Republican Congressional leaders from Speaker Jim Wright (D-Texas) to the aforementioned Gingrich. But that broad bipartisan support meant nothing to average voters struggling with a sluggish economy and stagnant wages.

I remember vividly going to board the train at Union Station to attend the House Democrats’ retreat at the Greenbrier resort — the location itself was a public relations nightmare akin to auto executives flying private jets to D.C. to beg for public money. We had to run a gauntlet of angry protesters holding signs and hurling epithets.

That was followed in 1992 by the House Bank brouhaha, revealed by Roll Call, which showed that a slew of House Members had overdrawn their accounts at the House Bank. It did not matter that the “bank” was not a bank in the traditional sense, but a repository for Members’ paychecks until they could be deposited in other accounts, and that the only money in the bank was from the lawmakers themselves; the story created a firestorm emphasizing that Members of Congress played by a different set of rules than the rest of us, exempt from the constraints or fines that we face. Many superb lawmakers lost their next elections (or retired prematurely) as a direct consequence.

The next train wreck was predictable. For some good reasons related to separation of powers issues, Congress exempted itself from regulation by the Occupational Safety and Health Administration, the Environmental Protection Agency and other executive agencies. But to the public (and to the minority party), this was another clear case of an imperial, insulated, pampered and arrogant Congress applying onerous laws to others while exempting itself.

Throughout 1993 and 1994, I went regularly to the leaders in the House importuning them to act to solve this problem. The answer was easy: create an independent office within the legislative branch to enforce the laws where applicable to Congress, avoiding separation of powers issues. Tom Mann and I worked with Reps. Christopher Shays (R-Conn.) and Dick Swett (D-N.H.) to come up with a bill creating an Office of Compliance. Early passage would signal a Congress ahead of the curve, moving to reform itself.

But the leaders did not think it was that big a deal and waited until the last days of the 103rd Congress to pass the bill — too late to avoid the surge in anger or to defend the indefensible, and they went into the 1994 election looking like they acted only after getting caught red-handed.

I raise all this history because it is déjà vu all over again. The populist anger is back, and not just in the United States — the reaction in Britain to parliamentary expense abuses is directly reminiscent of the reaction to the House Bank. So far, it has not been directed at Congress, in part because the 111th Congress has been so remarkably productive, in part because of the popularity of President Barack Obama, in part because of the ineptitude of the minority party leadership. But one can see the train wreck coming.