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Another Key Measure, Another Massa No Vote

by: robert.harding

Sun Dec 13, 2009 at 07:23:11 AM EST


When the historic health care vote came and went in the House of Representatives, one of the no votes on the Democratic side that was criticized (or scrutinized) was Congressman Eric Massa's. At the time, I looked at both sides and gave Massa some rope. I thought his point of view, while somewhat flawed, had some merit.

But as I told a friend, I was worried that this was becoming a trend. Massa has voted against a number of key measures to date. Among them:

- The Affordable Health Care for America Act
- Reprimanding Joe Wilson (R-SC) for his "You Lie" shout during President Barack Obama's health care address
-
Food Safety Enhancement Act of 2009 (voted against the measure twice)
- American Clean Energy and Security Act
- Helping Families Save Their Homes Act of 2009 (Did vote for the bill second time around)

The latest key legislation Massa voted against is the Wall Street Reform and Consumer Protection Act of 2009. The roll call vote was close. No Republicans voted for the measure and 27 Democrats voted against it. Of all the New York Democrats, Massa was the sole dissenting vote.

Massa's reasoning for voting against the bill was detailed in a statement he issued shortly after voting no:

Today, Rep. Eric Massa voted against H.R. 4173 on the grounds that it takes a one-size-fits-all approach to reforming the American financial system. Over the last several weeks, Rep. Massa's office has received dozens of calls from our area's small businesses, community banks and local credit unions with concerns about how this bill, which is supposed to address corruption on Wall Street, will affect their business on Main Street. Many rural communities, like New York's 29th Congressional District, rely on small community banks and credit unions to keep their small businesses growing and their workforces employed. The bill passed by a vote of 223-202.

"Today I voted to help the people who sent me to Washington," stated Rep. Massa.  "I will not vote for a bill which I believe hurts my district and that's why I opposed the financial services bill today. This legislation takes a one-size-fits-all approach to regulating the financial services sector which will hurt rural districts like mine by over-regulating community banks and credit unions who, by the way, were not the cause of the collapse on Wall Street. Small businesses and workers in rural communities rely on their local community banks and credit unions to grow.  I think we should focus on fixing the problems with Wall Street instead of over regulating the things that work on Main Street."

Few congressmembers are as passionate about the job they do as Massa. He is invested in this position and he does not take it lightly. I admire and respect that. You don't get that out of Washington D.C. too often. Massa works very hard and that doesn't go unnoticed.

But here is the problem Massa faces. Not only will the Democratic caucus give up on counting on his vote but progressives will as well. There is no such thing in Congress as perfect legislation. There will be flaws in any bill and there are concessions usually made on virtually every bill to ensure its passage. The points Massa made on this bill are weak. If the impact on rural districts was so strong that it was negative enough for him to vote against the bill, then why did every other Democratic representative in New York from a rural district vote in favor? Seems like a poor argument to me and one he is alone on.

Massa seems to find something wrong with every bill. I understand that there are flaws in every piece of legislation (some more than others). But he tends to take a major issue and find minor flaws that are just enough (in his mind anyway) to vote against important legislation.

For perspective, here are some of the things that the financial oversight bill would do:

   * Creates a Consumer Financial Protection Agency to oversee financial products and services.
   * Establishes a council of federal regulators to oversee firms gauged to be systemically important.
   * Allows the government to wind down and dismantle large, failing financial firms.
   * Gives shareholders an advisory vote on executive compensation packages.
   * Merges the Office of the Comptroller of the Currency and Office of Thrift Supervision into a single national bank regulator.
   * Requires hedge funds and private equity firms to register with the Securities and Exchange Commission.
   * Creates a Federal Insurance Office within the Treasury Department.
   * Requires dealer banks and major swap traders to trade some of their routine products on transparent platforms and steer the swaps into clearinghouses, which guarantee trades.
   * Exempts many commercial companies that use swaps to hedge risks from the clearing and trading provisions or having to post margin on uncleared, customized trades.
   * Gives the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission new police powers for over-the-counter derivatives and lets the CFTC set trading limits on swaps that play a role in setting market prices.
   * Imposes new capital, margin, reporting, record-keeping and business conduct standards on swap dealers and major swap traders.
   * Prevents bank dealers and major traders from collectively owning more than a 20% controlling stake in swap clearinghouses or trading platforms
   * Establishes a "dissolution fund" to pay the government's costs for winding down a large failing institution. Fund would be paid for by banks and financial firms
   * Allows the government to require secured creditors to take a 10% loss if the government has to take over a failing financial firm.
   * Uses $3 billion of funds from the Troubled Asset Relief Program to help reduce the risk of foreclosures among the unemployed.
   * Expands the 10% domestic deposit cap to include thrift deposits.
   * Preserves the ability of the federal government to preempt state laws in certain circumstances.

Considering the economic recession and the main cause of that recession being the failures on Wall Street, more regulation is needed. That is clear. But Massa votes no because of what he considers "over-regulation" of community banks and credit unions - a minor part of this bill. And given what happened with the financial crisis, there is no such thing as over-regulation.

I respect Massa and believe he has served his district well. But whether he sees it or not, these votes aren't doing his district any favors either. If Randy Kuhl was still the representative in NY-29, he would have voted against these same bills. So how are the district's residents getting any sort of change from the Party of No and the likes of Kuhl and Tom Reed when their Democratic representative votes the same way they would on key issues?  

robert.harding :: Another Key Measure, Another Massa No Vote
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Excessively strategic (0.00 / 0)
I find Massa's approach timid and excessively strategic.  He is doing exactly waht he says: "I will not vote for a bill which I believe hurts my district"-- as seen through the lens of what "the people who sent me here" (in no small part conservatives) THINK is in the district's best interest.  An over-identification on the part of small business owners with the big businesses and Wall St. has been nurtured by the Republican Party for decades.  Yeah, it is hard to change that all at once, but, Massa is not trying.  He is clearly getting permission from Dem leadership to vote against the Dems whenever his vote is not needed (and, maybe sometimes when it is!).

Long term, the "strategy" should be to undo some of the egregious gerrymandering that makes Massa (and Arcuri) precarious Democrats in right-leaning districts.  Short term, though, Massa should be careful that he doesn't alienate his workforce.  I spoke recently to somebody who was working for paltry pay in his last campaign (and had tried to sign me on for a few weeks of the same deal just before the elections.... I continued to volunteer a bit, but turned down the full-time offer...).  She was livid about the health care vote, and swearing up and down that she would never work for his election again.  Not good.


If he is getting permission... (4.00 / 1)
From the Democratic leadership to do this, his whole "independent" Democrat image goes out the window. He is seen as something of a rebel. Someone who bucks the party and votes his conscience. But as you say, if he is merely the mouthpiece for his district (which is a conservative district) he is only reinforcing a conservative viewpoint while being someone who many in the progressive movement and netroots have hailed as a hero of sorts in the past.

That said, I disagree on the gerrymandering point for a multitude of reasons. Massa was the only one who opposed this financial regulatory measure. Scott Murphy, another vulnerable Dem, voted for it. Arcuri voted for it. Owens voted for it. So I don't buy that argument. Other vulnerable Democrats voted for it too.

He is alienating those who worked hard for him (the netroots included). I know that Massa has a very strong will and does what he wants, but if you aren't someone the netroots can trust, they aren't going to help. Period.


[ Parent ]
I'd rather have a perfectionist than (0.00 / 0)
someone who's actively working to make things worse.  And Massa seems like more of a perfectionist than someone who's trying to make things worse.  He's no Kuhl.

I agree he should be careful not to alienate his workforce though!


[ Parent ]
Maybe its cynical... (0.00 / 0)
but, I kinda think he got leadership permission to cultivate the "rebel" thing, too.  It was. as we see, one way to gain the trust of both progressives, who worked for him, and conservative independents and Republicans, without whose votes he could not have won.  It is a herculean balancing act to sustain over time.  Which is why I think a modification of the district is the only way to hold that seat long-term.

Didn't mean to imply that having a gerrymandered district meant that he HAD to vote against this-- I don't.  I think he overdid it on this "balancing" strategy in this vote, and should have educated his district about why this was in their best interests.


"...there is no such thing as over-regulation." (4.00 / 1)
That is a truly frightening statement, sir.

That is akin to saying there is no such thing as too much governmental power over the lives of individuals. No such thing as too many restrictions on my freedom.  

What about placing some regulations on the excesses of government? How about restricting the government's ability to tell me how to run my life and run my business and spend my money?  

Maybe I'm not being "progressive", but I don't believe unlimited power in the hands of government bureaucrats is a good thing.  



I'm sure you don't see the ironies in your statement. (0.00 / 0)
"How about restricting the government's ability to tell me how to run my life and run my business and spend my money?"

So out of curiosity, you're pro-choice then, right?

And if you're pro-free-market, how do you feel about the government-sanctioned monopolies in the health insurance sector? Or how about the ability of companies that hire you to require you to work any hours, in any conditions, without even safety regulations let alone things like healthcare and sick leave? They are after all just "running their business" they way they see fit.

If you really believe that government can only be a danger, there's plenty of places that don't have all that interference, where you could go and live the life of a happy libertarian, free of government influence. I hear Somalia is lovely at this time of year.  


[ Parent ]
I'm sure you don't see the ironies in your statement. (0.00 / 0)
"How about restricting the government's ability to tell me how to run my life and run my business and spend my money?"

So out of curiosity, you're pro-choice then, right?

And if you're pro-free-market, how do you feel about the government-sanctioned monopolies in the health insurance sector? Or how about the ability of companies that hire you to require you to work any hours, in any conditions, without even safety regulations let alone things like healthcare and sick leave? They are after all just "running their business" they way they see fit.

If you really believe that government can only be a danger, there's plenty of places that don't have all that interference, where you could go and live the life of a happy libertarian, free of government influence. I hear Somalia is lovely at this time of year.  


[ Parent ]
Perhaps he can begin to make up for it (4.00 / 1)
In the wake of the state senate's continued refusal to do right by New Yorkers, perhaps Massa can get on board with H.R.3567, the "Respect for Marriage Act."

This bill would not only overturn DOMA, but also grant federal recognition to all marriages performed and recognized by the states.  Clearly, such a bill wouldn't hurt Massa's district.

While we're working on Massa, we should also contact the following current non-sponsors:
CD-03:  Peter King
CD-04:  Carolyn McCarthy
CD-13:  Mike McMahon
CD-20:  Scott Murphy
CD-23:  Bill Owens
CD-26:  Christopher Lee
CD-27:  Brian Higgins
CD-28:  Louise Slaughter


My reluctant conclusion (0.00 / 0)
I have reluctantly concluded that Massa has decided his only path is to vote (and occasionally talk) like a Blue Dog, even though he makes sure to pay lip service to the netroots types who did so much to get him in there.  He is playing both sides against the middle.

No one is perfect, but Massa had a lot of people thinking he was. That trick is going to be hard to maintain with a continued record of voting like this. Personally, I'm done contributing to his campaigns.


do any of us writing here actually live in the district? (4.00 / 1)
I grew up there, and my parents still live there.  I waved to Congressman Massa while walking my dog on Thanksgiving.

There are many times I disagree with Massa's votes - many more times than I disagree with Mike Arcuri, my current representative.  Massa's not voting the way I'd like him to.

At the same time, though, I remember the politics of that district all too well.  True, it's been Democratic before (under Stan Lundine, when Jamestown was in that district, though it was always close).  And yes, Amory Houghton, though an R, was about as liberal an R as you could reasonably hope for.

Randy Kuhl, awful though he was, was a much more natural political fit for that district.  Massa was able to topple Kuhl largely for personal reasons, not because Massa is or was a progressive.

I think we know that Kuhl's personality was awful and even notorious.  Massa made a sharp contrast with him by taking some strong stands on the Iraq War and free trade, but he also made it pretty clear that he wasn't Maurice Hinchey - and being Hinchey in that district wouldn't work at all.

The Netroots seemed a lot fonder of Massa when Randy Kuhl, or memories of Randy Kuhl, were still available for contrast.  I'm afraid this seems to be the case for a lot of folks we elected in conservative districts.  He took out the Republican, yay!  He's actually a Blue Dog, oh no!

Add to that Massa's talking about change but his willingness to vote like a Blue Dog on bills that don't live up to what it would take to vote against his district's preference, and you have trouble brewing.

Personally, I think he has it right.  At worst, he votes the way his district would like.  At best, he reminds his district that there could be a better way to do things.


Still think (0.00 / 0)
the real answer is to change the district.  More of Monroe Co., the Western portion of Tompkins.

But, you are right.  Given the nature of the district (which I live about 3 miles from), he can either work hard to educate them on a particular issue, or vote with the Republicans if it is not possible to budge the district's opinions.


[ Parent ]
Massa was a Republican (4.00 / 2)
Like many military people, Eric Massa was a Republican for a long time.  His association with Wesley Clark, particularly as the relationship continued after both had left the military, caused him to switch.  The switch occurred partly as Massa was working on Clark's presidential campaign (such as it was), and partly as a reaction to our invasion of Iraq.

When he first ran for Congress in 2006, he presented himself (at least to progressive groups in NYC when he was fundraising here) as a progressive, reform-minded candidate.  I believe that he is still reform-minded, and may even be fairly progressive.

The problem, as I see it (and maybe I'm way off base here) is that Massa hasn't learned how to compromise on legislation without compromising principles.  He can't find a way to vote for bills that have some objectionable provision, even if the bill, on the whole, has more good in it than bad.

He also may not have learned to work and play well with others, a problem that will loom large when it comes time to get things done for the district that require the help of his colleagues.

Eric Massa is highly intelligent, and a person of tremendous principle, but he appears not to have found a way to work within the structure of Congress (corrupt as it is).  Here's hoping that after he gets reelected (assuming he does) he can relax a bit and figure out how things get done on the Hill.


FDR (0.00 / 0)
Eric proudly sported an FDR button on his lapel all through his campaigns. I don't know if he still wears it; if he does, he doesn't see it any more.

[ Parent ]
"...Party of No..." (0.00 / 0)
The "Party of No"? Ok, let's look at the yes's and no's in the current health care debate:

DEMOCRATS Yes & No's:

1) Medical Savings Accounts? Democrats: "NO"

2) Expanded High Risk Pools? Democrats: "NO"

3) State Insurance Mandate Reform? Democrats: "NO"

4) Expand the same tax advantage big businesses and unions have
to purchase health insurance to...

5) Individuals? Democrats: "NO"
6) Small businesses? Democrats: "NO"

7) Force Health Insurers to truly compete with each other by allowing individuals to purchase insurance across state lines? Democrats: "NO"

8) Reform the 3rd party payer system that discourages cost efficiency and accountability? Democrats: "NO"

9) Government created, controlled and regulated managed competition system with an insurer(the government) that operates by a different set of rules(no profit incentive, and because it can print money or raid the treasury to address shortfalls--no incentive to be efficient) and sells a product that with the ability to undercut all competitors, either for-profit or non-for-profit?

Democrats: "YES"

REPUBLICAN YES & NO's:

1) Medical Savings Accounts? Republicans: "YES"

2) Expanded High Risk Pools? Republicans: "YES"

3) State Insurance Mandate Reform? Republicans: "YES"

4) Expand the same tax advantage big businesses and unions have
to purchase health insurance to...

5) Individuals? Republicans: "YES"
6) Small businesses? Republicans: "YES"

7) Force Health Insurers to truly compete with each other by allowing individuals to purchase insurance across state lines? Republicans: "YES"

8) Reform the 3rd party payer system that discourages cost efficiency and accountability? Republicans: "YES"

9) Government created, controlled and regulated managed competition system with an insurer(the government) that operates by a different set of rules(no profit incentive, and because it can print money or raid the treasury to address shortfalls--no incentive to be efficient) and sells a product that with the ability to undercut all competitors, either for-profit or non-for-profit?

Republicans: "NO"
______________________________

FINAL TALLY OF YES's AND NO's:
REPUBLICANS:
YES's: 8
NO's:  1

DEMOCRATS:
YES's: 1
NO's:  8


Very good (4.00 / 2)
Define the terms to be one-sided, and lie about the result, and you can pretend to conclude anything you want.

Let's add a few facts:
#s 1, 2 & 3: The wrong way to tackle the problem; the first two only make more money available to insurance and pharmaceutical companies (a.k.a. bookies and pushers).
#4: Has no finish; is only a lead-in to 5 & 6 (meaning you can't count this as a YES or a NO vote for anyone).
#5: That would be the public option.
#6: Small businesses have the same tax possibilities, but they don't make the profits to compete on that level; removing responsibility for providing insurance from businesses not only helps small business, but also helps keep jobs in the U.S.
#7: The only way to force insurers to compete is to remove their special exemption from anti-trust laws.  Republicans: NO, Democrats: Some YES, some NO.
#8: That's right -- make individuals, many of whom cannot afford to pay for healthcare on their own, to ... well, to pay for healthcare on their own.
#9: And yet, when there was a proposal in the House committee to abolish a "Government created, controlled and regulated [yadda, yadda, yadda]" -- also known as "Medicare," all the Republicans voted NO.  Hypocrisy!  (Oh yeah -- the V.A. also qualifies under your definition -- you want to take away the best care veterans can get, and the lowest drug prices around?)

Now a few things you don't mention:

Single-payer, where the 20%-plus inefficiency of insurance companies' enormous salaries, overzealous advertising and profits is replaced with ... well, with cost savings, also known as H.R.676 or "Medicare for all," has always had about 100 co-sponsors, all of them Democrats.

The public option, a compromise position where people get to choose between a private insurance company or a public insurance company, so that private insurers have to become more efficient -- no Republican backers.

While we're on the question of who is the "party of NO":  Take a look at the wildly successful 1993 COPS program, which has helped to cut crime rates nationwide -- it passed without a single Republican vote.  Clearly, Republicans are the party of NO when it comes to battling crime.

If you want to debate this problem seriously, fine -- we're ready, willing and able.  But if you're going to start with lies, half-truths and hypocrisy, take it somewhere else.


[ Parent ]
I'm getting the impression (0.00 / 0)
That Massa refuses to vote for any bill that he thinks isn't perfect.

Eric: Le mieux est l'ennemi du bien - Voltaire.


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