When is negotiation normal?

There’s a talking point which says that it’s standard practice to negotiate over the debt ceiling, that ‘clean increases’ rarely happen.  This might make it seem like the current strategy is just a normal extension of politics as it has always been done.

The problem is that this completely misses the unique feature of what’s going on here.

It’s perfectly normal to negotiate about must-pass legislation. If by negotiate we mean look for ways to generate political will for a omnibus bill that includes some things that various factions want, but might not otherwise be able to garner sufficient support for.  Because the thing HAS to pass, it creates an incentive for all parties to be a little bit more flexible than they would otherwise be.  Therefore, structuring negotiations to to tie them into a must-pass bill makes sense.

It’s not at ALL normal to insist on concessions as a condition for allowing must-pass legislation.

The whole point of must-pass legislation is that it HAS to get done.  None of the parties involved are willing to let it fail – and so it’s a vehicle for negotiation. But this only works if everyone agrees that it has to pass.  The terror about causing a really bad thing to happen motivates them to modulate their requests, give into some requests from the other side, etc.

The current Republican position asserts:
1. The debt ceiling must be raised.  Everyone agrees about this
2. Obamacare is bad.  Everyone agrees about this
3. The deficit is a huge problem.  Everyone agrees about this

If all those things were actually true, then their position would make some sense. The problem is that NONE of those things are true.  Democrats quite obviously disagree about numbers 2 and 3.  And a vocal (powerful) component of the GOP caucus seems to believe that #1 is false.

Given this, the GOP is not ‘negotiating’ around the debt ceiling.  They are asserting the truth of a consensus that quite apparently does not exist, and hoping that if they say it enough times it will start to sound plausible.

This is the only world in which it makes sense to say that Obama is refusing to negotiate.  His refusal is only a refusal to step into the fictional world with them.

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There are no sidelines in the shutdown fight

The Man Who Sold the World (Live & Loud) – Nirvana

In a stable system of legislative democracy, all parties need some basic buy-in to the idea that the continued operation of government is intrinsically valuable.  It is the background against which negotiations take place.

However, this is not an absolute principle.  There is a space for actions, like the one currently being conducted by the House GOP, that challenge the premise of basic functioning.  However, we need to be exceptionally clear about what such actions mean.  They are not part of the normal operations, where parties or factions or interest groups struggle to exercise influence over the decisions of the government.  Instead, they are exceptions to those normal operations.  What you declare when you step outside of that normal consensus is that the current structure of political power is so wildly out of whack that it needs to be reset.

This is, in effect, a revolution.  It’ a revolution even though the mechanism by which it is conducted takes place entirely within the constitutional structure.  Which is an important point that can generate a lot of confusion.  Many people will observe this and say ‘they’re just exercising their power within a system of checks and balances.’  Or, even if they’re not that sympathetic they may still feel that some blame has to fall on the Democratic side.  After all, they’re also a part of the process.

But this misses the essentially distinct nature of what the Republicans are doing.  Their position is that the continued function of government must be hostage to their substantive goals.  They are standing astride the function of the system insisting that they will blow it up unless they get their way.  Such a position simply can’t be negotiated away.  If you make concessions, you simply invite another crisis in two weeks when the debt ceiling hits.  Where once again they will hold us hostage for their wishes.  And they will do it again for the next budget.  And again for the next debt ceiling hike.  And so forth.  No concession can ever meet their desire because their desire is not simply to tip policy outcomes slightly in their favor; their desire is to completely delegitimize their political enemies.

However, it is again important to be clear here.  What they are doing is not illegal, nor is it outside the structure of our system.  And while it seems dangerous, there is a very good reason why such legal-but-revolutionary mechanisms ought to be a part of the system.  In fact, the availability of such measures is part of the uniqueness of liberal democracy – and is a unique strength of liberal democracy in my mind.  What they do is create outlets that are semi-formal and mostly non-violent through which intense political dissension may be organized.  That is: they create a mechanism that channels such anger into reformulation of political structures, rather than the dismantling of them.  After all, if they win this fight, they will simply be taking ownership of a mostly-intact infrastructure.  It will have been altered in some significant ways, of course, but on the whole it permits a coup that need not rely on Leninist revolution.

This only works, though, if everyone is clear about what’s happening.  It’s not an unconstitutional act, but neither is it business-as-usual.  What we are watching is a very specific type of political ploy.  The far right faction of the Republican Party is currently stating that they no longer have an interest in continuing the game as it has been played.

Again, I want to be clear that the simple fact of failing to reach a budget deal is not what I’m talking about.  ‘Shutdowns’ of that sort are not really normal, but they’re also not unprecedented – and there is even some value to the system of budgeting via shutdown.  The bigger problem is the debt ceiling – which really is a loaded gun waiting to go off, and which would rip apart our financial system.  But even more than that, the essence of their current maneuvering is simply to always demand more.  It’s the trend of government-by-crisis in which we’ve been stuck for several years, and the looming threat that this time we’ll actually go through with it.

Think of it like going ‘all-in’ in a poker game.  They are betting all of their chips that this is the winning hand.  If they are right, then they don’t just win this hand; they win the whole game.  Effectively, they get to write the new rules for how things will work.

But the corollary to that is that if they lose this hand, they are out.

This is why it is tremendously important for the American people to really understand what’s going on here.  You can’t just sit back and watch this play out.  YOU are the chips at stake in this question.  If you find the Republican position persuasive, if you want to join them on the hill they are defending, then you can do so.  And the Cruzians will have effectively established a new norm for governmental procedure.

But if you do not agree with this position, you need to communicate in no uncertain terms that putting the viability of our government on the line has repercussions.

This is an issue that exceeds partisan loyalties in a way that very few things do.  For example, for all that I believe in the importance of reproductive choice (which is a lot!), if the Democratic Party began to threaten governmental shutdown and debt default in service of that principle, I would be strongly against it.

Of course, there are some issues where conscience may very well trump our continued fidelity to the basic structure.  In the name of Abolitionism, for example, I think it would be perfectly legitimate to threaten catastrophe.  The same goes for Jim Crow.  And I would even say that something like the Vietnam War could very easily rise to that threshold.  So to reiterate: the effort to wrest control using Constitutional means is NOT categorically forbidden.  Such actions may well be legitimate, but only if they can obtain the collective support of the population.  Which means: if your conscience compels you, make the case. But if you lose, then you really do lose.  Because you have chosen to not simply litigate the arguments themselves but rather to assert that you are so right that you no longer consider the normal procedures binding.  Such an argument raises the stakes to the level of ‘win or go home.’

So the responsibility of the American people (and the media which speaks to them) is to recognize that this is what is going on.  On matters such as these there are no sidelines. You either stand with the normal functioning of government, or you stand with the revolutionaries.  This is a real choice, and it’s one that you can’t simply wish away by blaming both sides.

The absolute worst thing that can happen in cases like these is for the side seeking revolution to be accepted as simply the normal operations of governance.  If it becomes possible to gamble in this fashion without serious consequences, that really will pose a serious danger to the sustainability of our democratic structure.

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I suppose I should include a caveat here: while the far right has committed rather completely to the all-or-nothing approach, I still think it’s pretty likely that the ‘mainstream’ branch of the Republican caucus does not see themselves as conducting that sort of political maneuver.  I think that they have convinced themselves that they are making fairly small demands (to appease their more far right brethren) which the Democrats are unreasonably refusing to entertain.

In some ways that makes them more viable negotiating partners, but in other ways it makes them far WORSE negotiating partners.  This is because they have decided that they’re not really holding the government hostage, because they don’t actually want to ruin things.  The problem here is that it presumes an absolute unity in the caucus and a degree of control in the leadership that simply doesn’t exist.  This means that Boehner is able to convincingly sell the perspective of a guy who just wants negotiations, but can’t admit that those negotiations are coming at the barrel of a gun.

This is a place where public pressure is tremendously important.  It needs to be made clear that the extreme position is toxic – and that the folks on the right who want a conversation simply cannot ever achieve that conversation while they are beholden to the tactical maneuvers of their radical wing.

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I said no thank you, dear old Uncle Sam

Who Needs You – The Orwells

This may be the best song The Replacements never recorded.

There are certain songs that simply belong as the opening track to a mixtape. “Who Needs You” is precisely such a song. With that opening drum kick and ringing guitar riff, it lays down a marker and dares you to resist.

It’s the sort of thing that could only have been recorded by a bunch of 18 year old kids, who still believe right down to their bones in the capacity for a couple guitars to state the absolute unvarnished truth.

Pick up the EP here.  And check them out on tour.  They’re hitting a few places in the south and a bunch in the northeast and midwest over the next month.

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If my stubborn mouth doesn’t let me down

City Swan – Neko Case

If I didn’t have the little booklet to tell me otherwise, I would swear that this new Neko Case record was just a bunch of Teenage Fanclub covers.

Which is not a bad thing!  Teenage Fanclub is great, and this mode of power-pop with the Neko Case voice and sensibility is great, too.  It is lacking a bit in the austere wonderment that you got with some of her best work, and the production gets a bit too heavy in a few places.  But on the whole it’s a good sound.  See, in particular, “Man” and “City Swan” which are bright and fantastic.

And pretty much across the board, the weakest songs are the ones that back away from the big production.  “Afraid” is fine but hardly gripping, for example.  And then there’s “Nearly Midnight, Honolulu,” which is…a divisive song.  In the sense that some people think it’s execrable, and other people are wrong.  The one strong exception here is “Calling Cards” which is delightfully simple and beautiful.

There are a few other strangely flat elements to the record, which often stems from weirdly atonal vocal arrangements.  “Night Still Comes” is a very nice song with a chorus that goes nowhere.  Same thing with “Local Girl.”

But where it’s good, this record is very good. In particular, check out Man, City Swan, Ragtime, I’m From Nowhere, and Calling Cards.  If you pick up the special edition, there’s also a really fun cover of Madonna of the Wasps.
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Some thoughts on the rolling collapse of the the American political order

Already Lost – Rainer Maria

1. The Republicans have already won.  This entire ‘debate’ is taking place on terrain to simply continue funding the government at the level of the sequester.  Remember the sequester?  The thing that was so ludicrously stupid that it would force reasonable people to make a deal?  Yeah, that’s the new normal.

2. There is no silver bullet.  This is because the crisis is only marginally about the details.  You can shut down the government, you can refuse to increase the debt ceiling, you can refuse to fund executive agencies, etc.  There is no institutional design that inhibits this stuff completely.  If you have a powerful (and large) enough group of folks who prioritize conflict over governmental functions, the government won’t work. Which means that for all the particular details, the underlying issue here is simply a crisis of legitimacy for our political community writ large.

2a. In particular, the problem is not gerrymandering.  On the list of things that contribute to the current position of the GOP, gerrymandering is like 20th.  It IS a factor, but the effect of it is massively overstated by people.  I encourage you to note that the Republicans are basically unified in their suicide pact – including all the ones from districts that they didn’t construct.

The Laws Have Changed – The New Pornographers

3. The Republican position is insane, but that doesn’t make it unconstitutional.  This may seem obvious but it’s a point that people seem to miss all the time.  See, for example, this column from William Saletan, where he says: “Sorry, Republicans. Nothing in the Constitution authorizes a single house of Congress to retroactively veto U.S. law by refusing to fund the rest of the government.”  Nothing the Republican are doing falls outside of the constitutionally-delegated powers of the government.  We have a system that is explicitly designed to require a buy-in from many different parties in order to work.  They are refusing to buy-in. That’s terrible policy, but it’s absolutely allowed by the constitution.

4. Have I mentioned that their position is insane? There has been a lot of talk about hostage-taking. And honestly, I’m not even sure it’s an analogy at this point. I think that this is literally what is taking place. Except it’s even more sick because the hostages are their own family members. Basically they’re saying: if you don’t let me buy this Camaro, I’m going to murder our children. And you can’t possibly be insane enough to risk our children getting murdered, can you?  You monster!

5. The psychology of this is terrifying. See this story. Key quote:

“We aren’t going to be disrespected,” said Indiana Rep. Marlin Stutzman. “We have to get something out of this. And I don’t know what that even is.“

Any time people involved in an argument start talking about how they have been ‘disrespected,’ that’s a pretty sure sign that disaster is soon to follow. This is helpful to explain the ‘Calvinball’ aspect of all this (though I object to calling it Calvinball because Calvinball is fun). By definition, any concession less than a 100% capitulation isn’t enough because it doesn’t truly represent genuflection. Which means it can’t quell any of the rage. Which means that you simply have to articulate further crazy demands. If what you crave is respect from people you loathe, nothing will ever be good enough.

6. Executive unilateralism isn’t all bad. It’s helpful to note how much people who normally are very concerned about expansions of executive power are flipped on this issue. They want the platinum coin, they want the constitutional option (basically: for the executive branch to simply ignore the debt ceiling). As someone is far more amenable to the importance of a strong presidency, that does seem to me like it might be the best way out of a bad situation.

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One sweet dream came true today

Isolated vocal tracks are often a form of musical death.  They are not the same as simple a cappella renditions, because they are meant to be encased within the instrumental accompaniment.  When you take that away, you often get something heavy, weirdly atonal, deeply unpleasant.  It’s often terrible, even with otherwise very good songs.

Of course, there are exceptions, and not surprisingly The Beatles are just such a case. Here is the Abbey Road medley (my pick for the high point of their entire career), with all the accompaniment stripped away.  It’s just the harmonies.  And oh my god how beautiful they are.

It’s worth listening the whole way through, because the highlight is probably Golden Slumbers and Carry That Weight.  Golden Slumbers in particularly is just an amazing vocal performance from Paul.

Hat tip to Open Culture for this.

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Love is the longing for the half of ourselves we have lost

Abandon Window – Jon Hopkins

It’s not often that electronic music works for me but when it does it’s often a true deathstrike.  Such is the case with Immunity, the newest record from Jon Hopkins.

My only previous experience with Hopkins was his work with King Creosote on the wonderful Diamond Mine album two years ago.  That record combined the spare intimacy of folk music with the desolate depth of electronica, occasionally with breathtaking results.

With Immunity, Hopkins delivers a tiny sliver of that same sound but packages it together with a stunning array of different sound textures, beats, and emotional registers. The glitchy “Open Eye Signal” invites frantic dancing, while “Breathe This Air” is far more seductive – melding together a throbbing beat with the delicate application of single piano strikes.

However, the true emotional core of this album is on the softer pieces.  Of those, “Abandon Window” is an exercise in perfect restraint–built around the sparest of piano notes and an ever-so-gently rising wave of supporting harmonics.  It’s about as pure and beautiful of a song as you can imagine.

And yet, it still can’t possibly compare to the incredible, impossible perfection of the title track.  At just under 10 minutes long, and with no dramatic flourishes or moments of release, there is nothing here to suck you in directly.  However, as it slowly unfolds you can sense the passing of years, perhaps even of lifetimes.  Once again, a very simple piano line establishes the structure of the song.  But the true soul is doled out through the impossible-to-decipher chorus sung by King Creosote, whose voice perfectly clarifies the otherworldliness of the experience.

This is certainly the best electronic album of 2013, and I’m struggling to make an argument for anything being better so far in this decade.

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With four worn out limbs and not one love song

The Oil Slick – Frightened Rabbit
Dead Now – Frightened Rabbit

On their fourth album, Frightened Rabbit hit many of the same notes we’ve come to expect from them.  But Pedestrian Verse is certainly not a simple repetition.  As much as I would love to get another Midnight Organ Fight from them, they have perhaps wisely recognized that the soul can only be bared so completely once.  Their last record (2010’s Winter of Mixed Drinks) attempted to break the mold by going big: huge anthemic rock to heal the fractured soul.  It worked in parts, but never quite felt natural.

This time around, they have backed off the big-for-its-own sake ethos. Which is not to say this is a quiet album.  It’s just that when they go big (Backyard Skulls, Holy, Late March Death March) it feels a lot more organic.  These songs are propulsive, maybe even a little violent.  But it’s violence for a purpose.  If Midnight Organ Fight was a record about the intense subjectivity of pain – the way that it feels utterly unique and impossible to share – this album is far more about anger.

The fundamental sense of self-loathing that runs through all their work is still here. See, for example, The Oil Slick or Dead Now.  But it increasingly feels less like ‘loathing’ and more like the painful struggle of coming to terms with all the ways that we can never quite be the best version of ourselves.  And that feeling, for all its intense sadness, invites a degree of empathy.  As you struggle to find a place in the world, you can’t help but realize that everyone else is doing the same thing.

The result is an album about social pain, as opposed to an album about emotional pain.  It’s cathartic – not in the sense of offering release from the demons that trouble us, but in the way that it lets us perceive things in a new light.  Again, see Dead Now, which closes with an emphatic, almost joyful repetition of the line “there’s something wrong with me.”  There’s a kind of wry self-awareness on display here.  It’s less rending, and can’t quite reach the same impossible heights that they’ve scaled before, but it’s tremendously heartening nonetheless.  For all the great music on their first three records, I have worried about this band’s long-term viability.  There’s only so long you can sing about depression and girls without risking some serious self-plagiarism.  But this album shows that the Brothers Hutchinson have a whole lot more to say.

In fact, I’m tentatively ready to declare them a serious challenger for the title of best band on the planet right now.  Though, we’ll have to wait until September when the new Okkervil River comes out to say for sure…

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We are alive, we will fight to the end


You Will Be Free – The Thermals

The Thermals are not a complicated band. Guitars that dominate the mix, which blend a little bit of jangle with quite a bit of punk. Hutch Harris speaks/sings/yells the lyrics. And after a couple minutes, on to the next song.

Over the years, the precise blend of these elements has changed a bit here and there. And they’ve experimented a bit with bigger themes and bigger palates. But ultimately, they’re still at their best just doing the simple stuff. So the good news is that Desperate Ground sounds a heck of a lot like More Parts Per Million.

This is not a record to move mountains or shift paradigms; the lyrics are a bit dissent-by-numbers and there’s not a whole lot of musical variation here. But if you’re looking for something that sounds real good real loud, then you’ll want this thing on repeat all summer.

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Take a sad song and make it better

Say what you will about Paul McCartney (and there are plenty of legitimate complaints) but there is no one alive on this planet who has written more perfect pop songs.

This is not exactly new information, of course, but I was reminded in particularly stark fashion of just how ridiculous his catalog is last week, when I stumbled into a chance to see him live. It was while I was back home in Seattle – a trip I didn’t even plan my trip until a week or so before I went. But it happened to coincide with when I was there, and my mom was wonderful enough to get me a ticket as an early birthday present.

I have to admit I was a little trepidatious going in. I had heard that Paul had lost a bit of his voice and wasn’t quite able to perform at his classic standard. And the man did just turn 71. But I needn’t have worried. Sure, he can’t quite hit the extended screams and he’s lost a tiny bit of the high register. But his voice remains strong in spite of that, and boy oh boy does he bring the energy.

He played an extended set of about 35 songs, including all the ones you would expect. But 35 songs is a lot, so he got a chance to dip into some of the less obvious cracks. And every single song he pulled out was a gem. “Nineteen Hundred and Eighty-Five” was a glorious explosion, “Lovely Rita” was a fun romp, “Another Day” was a wonderful surprise (it’s always been one of my favorite of his series of post-Beatles songs about the mundanities of modern life). Even some of the least significant Beatles songs got a brief day in the sun. “All Together Now” doesn’t sound any deeper these days, but it sure is a nice bit of fun. Same goes with the sometimes-maligned “Ob-La-Di, Ob-La-Da.”

My three highlights: 1) “And I Love Her” which was intimate despite literally echoing around a stadium 2) “Nineteen Hundred and Eighty-Five” which sounded as fresh as the day it was recorded 3) “Hey Jude.” I mean, it’s a bit of a cliché at this point. But whatever. That song simply exceeds all judgment or critical distance. It simply smiles kindly on irony and skepticism. For all that it sounds silly, there’s something genuinely moving about being surrounded by 40,000 people who all adore this song as much as you.

It’s a slightly odd experience: to bathe in the nostalgia of an era that was over before I was even conscious. And I wouldn’t want my entire musical existence to get stuck in that mindspace. But for one night…there really couldn’t be anything better than to actually see the man who wrote all these songs that have been so fundamental to my life.

Anyways, here’s my hypothesis. You could remove from circulation the 37 songs that Paul played at the show and still construct a setlist from his remaining material that would be far and away better than any setlist any other living artist could generate. We’ll even stipulate that he can only borrow a couple songs from John and George so as to keep it from just being The Beatles vs. the world. But unplayed that night were: The first half of the Abbey Road medley, Penny Lane, For No One, I’m Looking Through You, Here There and Everywhere, Got to Get You Into My Life, The Fool on the Hill, Things We Said Today, She’s Leaving Home, Two Of Us, Sgt. Pepper’s Lonely Hearts Club Band, I Will, Can’t Buy Me Love, and so forth. And that doesn’t get into his solo career which, for all its up and downs, contains a LOT of great songs too.

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