A couple days ago I brought to our attention James Madison’s thoughts on representative deliberation from Federalist #37, and why he wouldn’t be surprised at all about the current standoff in Congress.
There’s another reflection of Madison that we should take on board as we watch the scene, but first a brief set up: Harold Pease argues that because all tax bills must originate in the House, per Article I, Section 7, and because the Supreme Court transformed Obamacare’s individual mandate into a tax, it is within the constitutional prerogative of the House alone to block Obamacare. Dr. Pease is narrowly speaking correct about this, and James Madison agrees in Federalist #58:
The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government. They, in a word, hold the purse that powerful instrument by which we behold, in the history of the British Constitution, an infant and humble representation of the people gradually enlarging the sphere of its activity and importance, and finally reducing, as far as it seems to have wished, all the overgrown prerogatives of the other branches of the government. This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.
So far, so good. But while the House may be on firm constitutional ground, they may not be on firm political ground, as Madison makes clear in the sequel:
But will not the House of Representatives be as much interested as the Senate in maintaining the government in its proper functions, and will they not therefore be unwilling to stake its existence or its reputation on the pliancy of the Senate? Or, if such a trial of firmness between the two branches were hazarded, would not the one be as likely first to yield as the other? These questions will create no difficulty with those who reflect that in all cases the smaller the number, and the more permanent and conspicuous the station, of men in power, the stronger must be the interest which they will individually feel in whatever concerns the government.
Those who represent the dignity of their country in the eyes of other nations, will be particularly sensible to every prospect of public danger, or of dishonorable stagnation in public affairs. To those causes we are to ascribe the continual triumph of the British House of Commons over the other branches of the government, whenever the engine of a money bill has been employed. An absolute inflexibility on the side of the latter, although it could not have failed to involve every department of the state in the general confusion, has neither been apprehended nor experienced. The utmost degree of firmness that can be displayed by the federal Senate or President, will not be more than equal to a resistance in which they will be supported by constitutional and patriotic principles.
The point is: having the Constitution on your side is the necessary but not sufficient condition for winning a political battle. You have to get the politics right, too.
Madison was one smart dude.