Gingrich's influence will still be felt

The Republican's with-us-or-against-us rhetoric will endure.

Newt Gingrich is done. Well, he's been done. It just took a five-state primary smash by Mitt Romney to goad Gingrich into finally making it formal. The Republican nomination for president was in effect wrapped up Tuesday when Romney launched a major theme of his general election campaign. The Great Recession? Blame Obama.

While the shape and force of the Grand Old Party is different from when Gingrich was its chief ideologue, in many ways he helped create the current tenor of the party. He was the face of the 1994 Republican Revolution and he arrived in Washington on the strength of his core belief: Democrats are the enemy; it's time to get nasty. 
 
And they did. But Republican nastiness didn't stop with the impeachment of Bill Clinton. We saw it again in 2000 when George W. Bush, as a candidate, launched a whisper campaign against John McCain, alleging he'd fathered an illegitimate black daughter (the child in question was in fact adopted from a Bangladeshi orphanage run by Mother Theresa). Bush did it again in 2004 in the notorious Swift Boating of war hero John Kerry. And since the Barack Obama's election, congressional Republicans have obstructed every one of Obama's proposals, even those that are Republican in origin. Informally, conservatives have shown every kind of contempt that can he shown to a sitting president, from Joe Wilson's "You lie" to Jan Brewer's finger-in-Obama's-face to Joe Appaio's ham-fisted "investigation" into the forgery of the president's birth certificate.
 
We can thank Gingrich for much of that. In order to distract us from the GOP's real agenda -- serving the interests of the very, very rich -- Gingrich and his rhetorical heirs attack, attack, attack. It's a political strategy proven effective time and again.
 
There were reasons a-plenty to think Gingrich wasn't a serious candidate. For one thing, his temperament is best suited to a congressman, not a president. For another, he was disorganized and undisciplined. He lives in Virginia but couldn't get on that state's primary ballot. He and his wife went on a cruise in the middle of the campaign. He even promised as president to put a colony on the moon. Little wonder his campaign was fizzling out soon after Florida, his staffers quitting, debt piling up and checks starting to bounce. 
 
As I say, Gingrich's influence is still felt among rank-and-file Republicans, even as he plans to suspend his campaign next week. That influence can be seen in the with-us-or-against-us rhetoric that's ultimately damaging to the future needs of the Republican Party.
 
First, a little background. Many believe Hispanics are the key to the GOP's future. They are natural Republicans, they say, as unwilling as conservatives to accept newfangled social phenomena like abortion, gay marriage and gun control. This is bogus (polls suggest Hispanics are too pragmatic to be concerned with cultural outrage), but that's not the point. The point is Hispanics are unlikely to jump on the GOP bandwagon even if claims to their innate Republican-ness weren't bogus. The reason for that is people like Gingrich.
 
During the nomination, Gingrich once said child labour laws were stupid, and that poor children, who have no work ethic (obviously the reason for their poverty), could learn the dignity of work if able to perform janitorial work in their schools. This is textbook conservatism. Poverty is caused by bad culture, not bad public policies. Adjust your attitude and you escape poverty. Voila!
 
Informing Gingrich that this was fantastical was a young Hispanic man named Hector Cendejas. He told the former House Speaker in March that he was offended by his plan to put children to work.
 
"It was embarrassing to be a janitor at my own high school, because I was with the rich kids. I was poor. My mom was working super hard. I did not feel empowered by serving my classmates," said Cendejas, an alum of Georgetown University, where Gingrich was giving a talk.
 
Gingrich replied: "My daughters worked as janitors at the local Baptist Church ... and they didn't think it was demeaning."
 
"But they come from a wealthy family," Cendejas said. Gingrich is now a millionaire who enjoys a $500,000 credit line at Tiffany's. 
 
"That's not the point," Gingrich said. 
 
Oh, but it is. For Cendejas, working wasn't a lesson in dignity, character or self-determination. It was about survival. If there was a lesson learned, it was that the poor and vulnerable are most easily exploited by those in positions of wealth and power. 
 
But Gingrich can't or won't see this, because to do so would mean questioning the cultural assumptions that come with enjoying wealth and power, and the last thing a conservative wants to do is talk about concrete things like wealth and power. Much better to bring us back to culture, where the lines in the sand are more easily drawn. 
 
The GOP maintains a with-us-or-against-us rhetorical stance at its own peril. Romney could change that, but it's going to take a lot of work. Fortunately, he won't find it demeaning. 
 
John Stoehr is a lecturer in Political Science at Yale University.
Gingrich once promised to put a colony on the moon. Photo: Getty Images

John Stoehr teaches writing at Yale. His essays and journalism have appeared in The American Prospect, Reuters Opinion, the Guardian, and Dissent, among other publications. He is a political blogger for The Washington Spectator and a frequent contributor to Al Jazeera English.

 

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Is TTIP a threat or an opportunity?

TTIP offers potentially huge opportunities to both Europe and the US - we should keep an open mind on what the final agreement will mean.

Barack Obama made it abundantly clear during his visit to the UK that if Britain left the European Union then it would be quite some time before we would be able to negotiate a trade deal with the United States. All the more reason to examine carefully what the Transatlantic Trade and Investment Partnership (TTIP) will mean for the UK. For Labour this is especially important because a number of trade unionists and Party members have expressed concerns about what TTIP could mean.

The economic worth of such a partnership between the European Union and the US has been questioned and it has been frequently stated that TTIP could give multinational companies unprecedented influence and undermine the British NHS.

With regard to the economic benefits of TTIP there are few that would argue that there are no economic gains to be achieved through the partnership. The question is to what extent economic growth will be stimulated. On the positive side the European Commission has argued that an agreement could bring economic gains of between €68 billion to €119 billion per year to the EU (0.3% to 0.5% of GDP) and €50 billion to €95 billion (0.2% to 0.4% of GDP) to the US. For Britain, this means that an agreement could add up to £10 billion annually to the UK economy.

On the negative side, a study commissioned by the European United Left/Nordic Green Left Group in the European Parliament has maintained that TTIP would bring only “limited economic gains”. These gains have to be weighed, it was argued, against the “downside risks”. Those risks have been identified as coming from the alignment of standards in areas such as consumer safety, environmental protection and public health.

These are important concerns and they should not be quickly dismissed. They are made all the more important because the existence of already low tariffs between the EU and the US make the negotiations to reduce non-tariff barriers to trade all the more significant.

There are a number of areas of concern. These include food standards and the regulation of GM crops and the worry that the EU’s focus on applying the environmental precautionary principle might be weakened. The European Commission, which has a responsibility for negotiating TTIP on behalf of the EU, is however acutely aware of these concerns and is mindful of its legal responsibility to uphold, and not to in any way weaken, the agreed legal standards to which the EU adheres. A concern has been expressed that irrespective of what European law may say, TTIP could undermine those standards. This I find difficult to accept because the ‘rule of law’ is absolutely central to the negotiations and the adoption of the final agreement.

But the EU is mindful of this concern and has brought forward measures which have sought to address these fears. The latest proposals from the Commission clearly set out that it is the right of individual governments to take measures to achieve public policy objectives on the level that they deem appropriate. As the Commission’s proposal states, the Agreement shall not affect the right of the parties to regulate within their own territories in order to achieve policy objectives including “the protection of public health, safety, environmental or public morals, social or consumer protection or promotion and protection of cultural diversity”.

Of course, this is not to suggest that there should not be vigilance, but equally I believe it would be wrong to assume the theoretical problems would inevitably become reality.

The main area of concern which has been expressed in Britain about TTIP relates to the NHS and the role of the private sector. Under the Investor-State Dispute Settlement (ISDS) provisions investors would be able to bring proceedings against a foreign government that is party to the treaty. This would be done in tribunals outside the domestic legal system. If a Government is found to be in breach of its treaty obligations the investor who has been harmed could receive monetary compensation or other forms of redress.

The concern is that the ISDS arrangements will undermine the ability of democratically elected governments to act on behalf of their citizens. Some have maintained that measures to open up the NHS to competition could be made irreversible if US companies had to be compensated when there is a change of policy from a future Labour Government.

In response to these concerns the European Commission has proposed an Investor Court System. This would be based on judgements being made by publicly appointed and experienced judges and that cases would only be brought forward if they were precisely defined. Specifically, it is proposed that cases would be limited to targeted discrimination on the basis of gender, race or religion, or nationality, expropriation without compensation or the denial of justice.

Why, you might ask, is there a need at all for a trans-national Investor Court System? The reason in part lies in the parlous state of the judicial systems in some of the relatively recent EU accession countries in Eastern Europe. To be frank, it is sadly the case that there are significant shortcomings in the judiciary of some countries and the rule of law is, in these cases, more apparent than real. It is therefore not unreasonable for investors to have an international framework and structure which will give them confidence to invest. It should also be noted that there is nothing proposed in TTIP which contradicts anything which is already in UK law.

We need to remember too that this is not only about US investment in Europe, it is also about European investment in the US. No US-wide law prohibits discrimination against foreign investors, and international law, such as free trade and investment agreements like TTIP, cannot be invoked in US courts. The Investor Court System would therefore benefit European companies, especially Small and Medium Sized Enterprises. 

It is of course impossible to come to a definitive conclusion about these provisions because the negotiations are ongoing. But it would surely be unwise to assume that the final agreement would inevitably be problematic.

This is especially true regarding the NHS. Last year Unite the Union commissioned Michael Bowsher QC to provide an opinion. His opinion was that “TTIP does pose a threat to a future government wishing to take back control of health services”. The opinion does not express a view on whether TTIP will “force” the privatisation of the health service (as some have claimed) and Bowsher admits that much of the debate is “conducted at a rather speculative level” and he has been unable to produce any tangible evidence to support his contention about future problems. On the other hand, it is the case that there is nothing in the proposed agreement which would alter existing arrangements for compensation. There are of course many legal opinions which underpin the view that existing legal arrangements would continue. While I accept that it is theoretically possible for the Bowsher scenario to occur, it is nevertheless extremely improbable. That is not to say that there ought not to be watertight safeguards in the agreement, but let us not elevate the extremely improbable to the highly likely.

A frequently heard criticism of TTIP is that the negotiations between the US and the EU are being conducted in ‘secret’.  Greenpeace, for example, has strongly sought to make this a central part of their campaign.  Although the Commission publishes EU position papers and negotiating proposals soon after they are tabled, it is impossible to see how complex negotiations of this kind can be practically conducted in public.  However, I believe that the draft agreement should be made public well before the final decisions are taken.

Once the negotiations have been concluded, the draft agreement will be presented to the European Council and the European Parliament, both of which have to agree the text. The European Council is, of course, made up of representatives of the governments of the EU and the European Parliament is democratically elected. Both Houses of the British Parliament will also debate the draft and there will need to be parliamentary approval of the agreement.

Transparency and democratic scrutiny are two things which there cannot be too much of. But, in practical terms, it is difficult to see how there could be more of either without making it nigh on impossible to secure such a complex agreement. Unite, of which I am a member, and others are quite right to express their concerns about TTIP, but let’s not exaggerate the potential difficulties and let’s not assume that the worst case scenario will always come about. TTIP offers potentially huge opportunities to both Europe and the US, and we should therefore at least keep an open mind on what the final agreement will mean.

Wayne David is the Labour MP for Caerphilly and is Shadow Minister for Political Reform and Justice. He is a former Shadow Europe Minister and was a junior minister in the last Labour government.