Democrats in the House of Representatives have an opportunity to use the small news splash made by the adoption of the "Tom DeLay Rule" to cause some targeted parliamentary mischief, designed to extend the coverage of this shameful power grab.
What, specifically, can Democratic House Members do?
I have six ideas.
No such "Tom DeLay Amendment" will ever be permitted under the rule for any bill, of course, but that's not the point. Participating Members need only seek time to join the regular debate on the bill, and instead inform the Chair that they intend to offer their amendment. They'll be told by the Chair that they're not recognized for such a purpose, but they should be prepared to drone on about the merits of their "Tom DeLay Amendment" anyway, right over the gavel and protestations from the Chair. They won't be able to hear themselves over the noise, nor will other Members be able to hear them on the floor, but I can assure you that the C-SPAN microphones will be working just fine, and everyone watching will hear you loud and clear.
When the Member is finally gaveled down and ruled out of order, he or she should move to appeal the ruling of the Chair. They'll lose on a voice vote, but they should be prepared to "demand the yeas and nays." That will force a purely procedural (and therefore purely party line) vote that Republicans will claim was an effort to stamp out Democratic obstructionism, but Democrats may claim was in fact a party line vote to continue to protect Tom DeLay from equal application of the law, but only when it's done behind closed doors in a secret vote of the Republican Conference.
2. Get to work early for some "one minutes" on the subject of special legal protections for Tom DeLay. Most working days in the House begin with the recognition of some agreed-upon number of Members from both parties to address the House for one minute each, on any topic of their choosing. Ten Democrats should be prepared each morning to rehash the whole shameful episode. But one of them should also be prepared to mention Mr. DeLay by name, and tie him by inference to outright criminality. This will most likely draw sharp and immediate objections from any Republicans on the floor, who will either give the Democratic Member an opportunity to withdraw his or her words, or demand that they be "taken down," or stricken from the record.
Some of you may remember when Rep. Corrinne Brown was involved in such an episode in July. She had just accused Republicans of having "stolen" the election in 2000, and when her words were taken down, it provoked a floor fight - and thus national news coverage.
A designated Democratic speaker should be prepared to commit the same infraction, and demand a similar recorded vote on whether or not the words ought to be taken down. And it ought to happen every day for a week.
3. Stay late for some "special orders." Like "one minutes," only longer. Many working days in the House end with special orders, for which Members sign up at the beginning of the day, and which entitle them to either 5 minutes or one hour, depending on their request. The special order was an old favorite of Newt Gingrich, when he was a back bencher. He and his cronies would go to the floor, with Gingrich managing the time, and yield time to one another for "colloquies," or short, supposedly informative exchanges about the policies they were discussing. A well-organized special order would give Democratic speakers an hour to just toss the ball around, rhetorically-speaking, having a casual or perhaps seminar-like exchange about the stunning hypocrisy of the Tom DeLay Rule and its shameful history.
4. Break up the monotony of boring legislative action with parliamentary inquiries about the "Tom DeLay Amendment." Even if there isn't one. In fact, especially if there isn't one. Any Member can approach a microphone at any point during any debate and simply break in. "Parliamentary inquiry, Mr. Chairman!" The Republican in the Chair will no doubt heave a sigh and ask the Member to state his or her parliamentary inquiry. Simply ask, "Does this bill contain a Tom DeLay Amendment, Mr. Chairman? Because it is my understanding that the Gentleman from Texas, Mr. DeLay, could use some help, being that he's under attack by a "crackpot" D.A. down in Austin, and I just think Members should know whether or not we're doing enough to protect him from the law." Not surprisingly, it won't be accepted as a proper parliamentary inquiry. But it'll get a few laughs, and frankly, we ought to be using every tool we have to mock DeLay mercilessly for this, especially on free national television.
5. Can't get a recorded vote on the "Tom DeLay Rule?" How about the next best thing? Democrats should introduce a proposed change to the Rules of the House that would prohibit execution of the duties assigned in the Rules to the Majority Leader if the Member occupying that position comes under indictment. Changing the House Rules requires passing a resolution, of course, and Tom DeLay certainly won't permit you to bring such a resolution to the floor, but there's always PR value in introducing such a measure, especially if you also file a...
6. Discharge petition. It's the only way to force a bill to the floor over the Majority Leader's objection. And in this case, there's added Bonus Irony: the names of Members signing a discharge petition are now a matter of public record, thanks to that other rules change forced through by Republicans in 1993. If you ask me, it's too sweet to pass up.
So there you have it. Six separate action items the House Democrats could take up tomorrow to strengthen and build on the "legs" produced by Republican shame over the "Tom DeLay Rule."
If we don't see action, it won't be for lack of ideas.
Well, we won't be able to rule out the three day Congressional workweek as a hurdle to implementing the plan immediately, either. But that's a story for another day.