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In This Climate, Victory's No
Picnic, Either
By ROBIN TONER
THE long and bitter presidential campaign will
(it is widely and devoutly hoped) be over in nine
days. One man will win, and the voters will be
rewarded with either George W. Bush's ''ownership
society,'' with sweeping change in Social Security
and an overhaul of the tax system, or John Kerry's
''stronger America,'' with a huge new health program
and other assistance for the strained middle class.
Right?
Actually, probably not.
Theoretically, it could work that way, with a
bitter campaign producing a robust mandate,
functional control of the government for one party
and a season of legislative accomplishment. But not
many in Washington expect it to happen this time.
To begin with, whoever wins on Nov. 2 will face
determined resistance on Capitol Hill. As Newt
Gingrich, the former speaker of the House, put it,
''Neither side is going to get a 1964-style
landslide.'' A President Kerry would probably face,
at the very least, a Republican House. A second-term
President Bush could face a Democratic Senate, but
even if the Republicans retain control, their
majority is expected to fall well short of the 60
votes needed to break Democratic filibusters.
The winner will also be left with a budgetary
legacy -- the proverbial deficits as far as the eye
can see -- that will make the grand goals of the
campaign trail very hard to achieve. And the
situation in Iraq will be a steady drain on
resources, political capital and presidential
energy.
Moreover, either a President Kerry or a
re-elected President Bush would have to cope with a
poisonous political climate that is unlikely to
suddenly improve when the election is over, and in
fact, has steadily worsened over the past decade.
There is a long and happy tradition of divided
government in the United States -- the framers,
after all, built the system with checks and balances
to make it hard to do anything too big, too fast --
but this is something different.
''There's more bitterness now, more hatred,''
said former Senator Warren Rudman, the New Hampshire
Republican. ''If Kerry wins this election, you'll
have a huge number of Republicans who are absolutely
boiling about it, and will be as tough on him as the
Democrats were on Bush.''
In short, if the campaigning was hard, the
governing could be brutal. And the intensely
partisan struggle over each man's domestic agenda
will not end, but simply move to another arena.
This is not to say the next president won't have
immense power, especially over foreign policy. Mr.
Bush underscored the extent of those presidential
powers over the past four years, with his projection
of American force abroad.
But ''domestically, you can't do anything by
yourself,'' said Morris P. Fiorina, professor of
political science at Stanford and a senior fellow at
the Hoover Institution. A president can make use of
administrative orders and regulations to advance
policy in many spheres, including the environment,
without a vote in Congress. And the next president
may have the opportunity to nominate as many as
three new justices to the Supreme Court, given that
eight of the nine current justices are 65 or older.
That could shape the court for a generation,
potentially shifting the balance on issues like
abortion rights.
There too, though, the next president will run up
against the limits of the current political divide.
If a re-elected Mr. Bush nominates a justice who
favors overturning the Roe v. Wade decision
establishing abortion rights, as many of his
supporters expect him to do, he would very probably
touch off an ideological and political war. Liberal
advocates, including the aggressive and
well-financed advocacy groups battle-tested by this
year's election, would enter the fray with gusto.
In fact, Representative Barney Frank, a liberal
Democrat from Massachusetts, said that an opening on
the Supreme Court would be less an opportunity than
a ''serious dilemma'' for a re-elected Mr. Bush and
his party.
Mr. Gingrich, the former Republican speaker, said
that Mr. Bush could name a David Souter-like
moderate and ''enrage'' his conservative base, or
name a conservative and face ''a prolonged
filibuster that will in the end lead to a change in
Senate rules.'' Either outcome, of course, would be
polarizing.
The winner of the election will undoubtedly try
to deliver at least part of his core agenda. Mr.
Kerry's signature domestic initiative is an
ambitious program meant to provide access to health
insurance to millions more children and adults, to
be paid for by rolling back the Bush tax cuts for
Americans making over $200,000. But how far would
such a plan get in a Republican House?
Representative Bill Thomas, the chairman of the
House Ways and Means Committee, with sweeping power
to block health legislation he dislikes, describes
Mr. Kerry's plan as ''a big dose of more government
messing.''
For his part, Mr. Bush has been promising an
ambitious overhaul of the Social Security system to
create private investment accounts for younger
workers. That proposal is anathema to the Democrats,
who say that it would undermine one of the most
popular and progressive government programs in
history. It is hard to imagine an issue that could
rouse more Democratic opposition.
Splitting the difference on these health and
retirement proposals seems very hard. Ideological
divisions run deep over the role of government, how
much risk and responsibility should rest with the
individual, and whether the social insurance
programs of the New Deal and Great Society should be
replaced with a more market-oriented approach.
If Mr. Bush returns with a Republican Senate and
House, he could attempt to reprise what he did with
last year's Medicare legislation: essentially,
behaving like a man with a mandate and counting on
Republican leaders to muscle his legislation
through. But Republicans themselves, facing the 2006
midterm elections, are likely to be even more wary
than usual of a take-no-prisoners push on Social
Security.
Moreover, the experience of the Medicare
expansion, the biggest in nearly 40 years, offers a
cautionary lesson.
The legislation did pass, but the furious
partisan debate over it continues to this day. In
some ways, the new program never gained the
legitimacy that comes with bipartisan consensus, and
many of its intended beneficiaries remain confused
and skeptical about it. Senator Olympia J. Snowe,
the moderate Republican from Maine and a supporter
of the legislation, said after traveling her state
last week, ''It's really regrettable how the
political rhetoric has so infected the program, to
the point where it might deter seniors from
enrolling.''
She added: ''Every issue now is being viewed as a
political football, or through a political prism. At
what point do we draw the line, and try to govern in
the best interests of the American people?''
That, of course, raises the possibility that
gridlock and partisan warfare are not inevitable for
the next president -- that Mr. Bush or Mr. Kerry may
be able to alter the political landscape by sheer
dint of leadership. Both of them have promised to do
so.
Senator Snowe says she thinks it is possible.
Thomas E. Mann, a political scientist at the
Brookings Institution, said he believed it would
take ''an external event and political leadership''
to break the toxic combination of ''50-50 parity and
ideological polarization.''
Mr. Gingrich said the polarization would not end
until one side won. ''It's like the 1840's and the
1850's,'' he said. ''This is going to go on and on.
This is genuine disagreement over the future of the
country.''
The former speaker, often regarded as the
founding father of today's hypercombative politics,
added, ''This isn't a divided government -- it's a
divided country.''
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