A key reason for its possible failure will be the votes of about 50 moderate, pro-free trade Democrats in the House who have voted for nearly every free trade agreement in the past but have chosen to oppose this one as a group. The president did not consult with them during the negotiations, did not attempt to include issues important to them and now wants them to act as a rubber-stamp. It's one of the hardest votes these Democrats will make in their careers, as it puts their principles on free trade directly against their principles on Congress's role in the legislative process.
The defeat of CAFTA should not be the end but rather the beginning of the debate. It's an opportunity for the moderates in both parties to take back the initiative on the issue of trade.
Some people have indicated that the failure to pass CAFTA would be a blow to all of free trade, or that somehow Central America would never have a free trade agreement because this one vote didn't pass. I absolutely disagree. While some Republicans may be willing to surrender after a single legislative defeat, those who really support free trade should be back at the negotiation table the next day.
Pro-free trade Democrats who are voting against this bill have an obligation to get Central American free trade back on track. I understand why they are voting against this bill, but that makes it all the more important for them to fix the problem. A Congressional delegation of moderates should go down to Central America the week after the vote to begin working with the executive and legislative branches in each country to find an agreement that is workable. Moderates in the Congress can and should go over the president's head on these negotiations and make this happen.
There is no reason an improved CAFTA bill cannot be passed on the floor of the US Congress before the end of this year.
50 Democrats control when and how Central American free trade will pass. Defeat the first bill, take the initiative and pass something better. This is a chance to reassert Congress's authority, to pass the right piece of legislation and to move from the party in opposition to a party that controls some of the agenda. It's a lot to ask, but nobody said leadership was easy.
UPDATE (28 July): Being that CAFTA passed, this entry becomes a bit obsolete. This doesn't mean moderates cannot retake some initiative on free trade.
There are plenty of issues that remain unsolved with Central American trade and the Andean Region free trade talks are next. I hope moderates in both parties work with the executive branch (and at times override it) to create bills that pass with a large majority rather than a plurality of two votes. Twisting arms and shoving bills through Congress works for short term victories, but it cannot be a sustainable method for promoting free trade.
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