GOP Tilting Balance Of Power to the Right By Jim VandeHei

The campaign to prevent the Senate filibuster of the president’s judicial nominations was simply the latest and most public example of similar transformations in Congress and the executive branch stretching back a decade. The common theme is to consolidate influence in a small circle of Republicans and to marginalize dissenting voices that would try to impede a conservative agenda.

House Republicans, for instance, discarded the seniority system and limited the independence and prerogatives of committee chairmen. The result is a chamber effectively run by a handful of GOP leaders. At the White House, Bush has tightened the reins on Cabinet members, centralizing the most important decisions among a tight group of West Wing loyalists. With the strong encouragement of Vice President Cheney, he has also moved to expand the amount of executive branch information that can be legally shielded from Congress, the courts and the public.

Now, the White House and Congress are setting their sights on how to make the judiciary more deferential to the conservative cause — as illustrated by the filibuster debate and recent threats by House Majority Leader Tom DeLay (R-Tex.) and others to more vigorously oversee the courts. …

The transformation started in the House in the 1990s and intensified with Bush’s 2000 election. The result has been a stronger president working with a compliant and streamlined Congress to push the country, and the courts, in a more conservative direction, according to historians, government scholars, and current and former federal officials.

Some of the changes, such as a more powerful executive branch, less powerful rank-and-file members of Congress and more pro-Republican courts, are likely to outlast the current president and GOP majority, they say. …

“Every president grabs for more power. What’s different it seems to me is the acquiescence of Congress,” said former representative Mickey Edwards (R-Okla.), a government scholar at the Aspen Institute. …

Bush has demanded similar loyalty from GOP lawmakers — and received it. Republicans have voted with the president, on average, about nine out of 10 times. Critics and some scholars charge that the Congress now seldom performs its constitutional duty of providing oversight of the executive branch through tough investigations and hearings.

This has coincided with a dramatic increase in overall government secrecy. In 1995, the government created about 3.6 million secrets. In 2004, there more than 15.5 million, according to the government’s Information Security Oversight Office. The White House attributes the rise in information the public cannot see to the security threats in a post-Sept. 11, 2001, world.

But experts on government secrecy say it goes beyond protecting sensitive security documents, to creating new classes of information kept private and denying researchers access to documents from past presidents.

“We have never had this kind of control over information,” said Allan J. Lichtman, a professor of history at American University. “It means policy is being made by a small clique without much public scrutiny.”

Now, the Republicans, with the support of the White House, are looking to reshape the courts in their image.