Vermont Senator Patrick Leahy was asked in December whether President Bush should be "worried" that the liberal Democrat would soon take over as chair of the powerful Senate Judiciary Committee. "No, no," Leahy replied. "No, he shouldn't be worried. He should be terrified." The anecdote, which Leahy has delighted in repeating to Democratic audiences in his home state, highlights the most significant reality of the new Congress.
Yes, Democrats will be in control of the Senate for the first time since 2003 and of the House for the first time since 1995. But the majorities in both chambers are relatively narrow, and the executive branch is still in the hands of conservative Republicans who, for all their polite references to bipartisanship, are more than ready to take advantage of divided government to prevent the course correction that Americans voted for on November 7. So why would Bush be terrified by Leahy's chairmanship, or that of other Democrats who will be taking charge of key committees and subcommittees? Because the most important work of this Congress will be the restoration of a system of checks and balances--with the power to hold the executive branch to account--that even Republicans like Senator Chuck Hagel admit ceased to function during the first six years of the Bush presidency.
Committee and subcommittee chairs have the power not merely to advance legislation and review appointments but to schedule hearings, initiate investigations, compel executive branch members to release information and, where necessary, subpoena testimony from White House aides. Bush and to an even greater extent Vice President Cheney do not fear a Congress that seeks to raise the minimum wage or tinker with tax cuts for the rich. They can deal with those fights--indeed, they may even relish them for purposes of political positioning. But this most secretive of administrations fears investigation as a vampire does sunlight.
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