Newt did not want to get to the White House, especially in that way, but neither he, nor anyone else, had thus far been able to work out any agreement in the House. If it came down to his succession and he refused, the mantle would fall to the President pro tempore of the Senate and the person who had been able to win that post on the first day of the new Congress, by gaining support from one southern Democrat Senator, was once again, Strom Thurmond. But his election was a precarious one which could readily be undone by procedural moves if it came down to that. He was in his nineties, not the most vibrant of characters at that advance age, of some infamy, and he had sought the Presidency before, in 1948, as a segregationist Dixiecrat, though such sentiments were long since shed and buried. That afternoon, as the House cast its first ballot of the day, some changes in voting, the outcome of much maneuvering since the night before, were apparent. The beneficiary of this jockeying was H. Ross Perot. As the roll of the state delegations was called, the initial glimmerings of the change came with Connecticut. Two Republicans and one of the Democrats had decided to vote for the candidate who carried their state in the election. There were now three votes for Perot, two for Clinton, and one for Dole among Connecticut's delegation. Thus, its vote, split the day before, went to Perot. Delaware followed suite. Although Perot had not carried that state, he had done reasonably well, and in the interest of trying to resolve the crisis, the lone Republican member voted for Perot. Four states later, the one Republican and one Democrat representing Idaho joined together to vote for Perot who had also won the state in November. By the time the roll call reached Louisiana, two of its members from each party had agreed to go with Perot and he carried its delegation with four votes to two each for Clinton and Dole. Louisiana is many things, but among these, it is close to Texas and has some influence from the oil industry like its neighbor, which may help explain the move. Perot had won Maine in the election, and its split delegation next voted two to nothing for Perot, as well, as did Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, South Dakota, Utah, Vermont, and Wyoming. In all, he had won the votes of sixteen states. FOURTH BALLOT DOLE 18 PEROT 16 CLINTON 12 SPLIT 4 The press described how Dole was the big loser in all of this shake up on the fourth balloting. He had lost six votes while Clinton only dropped four, but in fact, Dole still had the most states, and Clinton was now third. But we have come to look forward to such spins by the objective media. Discussion began to proliferate as to the possibility of a bandwagon building for Perot. Importantly, all of these states were small and the machinations involved were therefore relatively easier to produce than they would be in bigger delegations. Even though Perot had run rather strong in states like California, Texas, and Ohio, it would be extremely difficult to switch enough votes for him to get any of these now, barring some major shifts in the calculus. There were some states in which conceivably some minor shifts could add to Perot's vote, however. One of these was Alaska, with one GOP member in the House. And although they were not among states where he ran the strongest, some prospect for such a shift was being speculated on as being existent in Alabama and Mississippi. Pundits wondered if he might also somehow pick up states like South Carolina, Rhode Island, Nebraska, Missouri, Hawaii, or maybe even Arkansas, whose delegation was split two for each party. If all of that transpired, Perot would have 22 states in hand. To many this seemed a peculiar line-up of bedfellows. But the situation was as much at the root of the changes as it was indicative of any bipartisan strength of Perot to pull disparate forces together. There was also the possibility of some kind of deal being struck with Perot. That might swing Arkansas to his column in exchange for perhaps a pledge to serve only one term. Perot might be able to strike a deal with either party in a few states, getting their vote in House, and conceivably election, in exchange for that state's Senators helping cut off debate in the Senate and/or vote for one or the other Vice Presidential candidates. Such is the stuff of politics. The second day of balloting, however, would turn out to be Perot's high water mark. When, rather late that evening, the House cast its fifth ballot, Perot actually did add both Alaska and Hawaii. The expected arrangement in South Carolina, however, fell through, and its delegation went three for Dole, two for Perot, and one for Clinton. One might imagine Strom Thurmond's hand somewhere in that. The final tally on the fifth ballot did put Perot in the 'lead.' FIFTH BALLOT PEROT 18 DOLE 17 CLINTON 11 SPLIT 4 And as the House adjourned for the evening, and the Senate filibuster continued, the topic of popular speculation was just how, over night, Perot might be able to pick up the eight more states he needed to win. By the eleven o'clock news hour, one network had it locked in as a done deal. Enough Republicans would join in supporting Perot to put him over the top. They would also end the filibuster and allow Gore to be chosen Vice President by the Senate. This was truly a case of Perot sponsoring a movement for 'national reconciliation.' The GOP interest was in preventing a re-election of Clinton But another network had different information. Dole and the Republicans would swing enough votes to elect Perot and Perot would use his influence to help get one Senator on the Democratic side to vote for the Republican Vice Presidential candidate. But only Rush came close. He fearlessly predicted that on the next day Perot's bubble would burst. Newt had not been particularly pleased by the trend that had developed toward Perot, and so, the leadership in the House determined that there would be only one ballot cast the next day in the House. If Perot picked up more states on that vote, they at least wanted an evening before any subsequent balloting to work on the matter. From his perspective, the 'coup' that was being engineered was one against Dole and the GOP. But as it happened, the horse trading vanished into thin air as the Sixth Ballot the next morning. Indeed, as the Senate filibuster droned on, the House took a deep breath and returned to square one. SIXTH BALLOT DOLE 24 CLINTON 16 SPLIT 10 Before the fourth day of voting, there were some breaks for Dole, which, in actuality, can be seen as logical if not lawful. Mississippi and Alabama, both with narrow one vote Democratic margins, had one Democrat in each agree to support Dole. With those two additional votes, Bob Dole should have 26 states on the Seventh ballot. However, as is very often the case in complex situations, the right hand very often does not know what the left hand is doing. When voting proceeded on that fourth day, Alabama passed to lead off the roll-call. By the time Mississippi also passed when its turn came, the vote had otherwise proceeded as it had a day earlier. SEVENTH BALLOT (thru Minnesota) DOLE 11 CLINTON 5 SPLIT 8 PASSED 2 Speculation ran rampant. However, the Niagara became a deluge when unexpectedly, one of the Republicans in Oregon abstained leaving that state deadlocked. When the two southern states finally voted at the conclusion of the roll-call -- for Dole -- the Republican standard-bearer was left one vote short: SEVENTH BALLOT DOLE 25 CLINTON 14 SPLIT 11 Undoubtedly, the popular wisdom that night had it, the GOP would be able to put is house in order and Oregon would come back to elect Dole on the Eighth Ballot of the fifth day of voting. By this time, however, all hell was breaking loose. Deal upon deal, promise upon promise, piled as high as the mortal mind can envision added up to one shift and abstention after another. A GOP member of the California delegation abstained as did a Democrat in Texas. In Illinois, one Democrat voted for Dole while a Republican in Maryland cast his vote for Clinton. A few Perot votes even appeared here and there, the most significant one costing Dole Montana, South Dakota, and Wyoming. Oregon returned to the Dole camp, but Mississippi went back to Clinton. Virginia ended up evenly split as one Democrat abstained. The final tally once more fell short of electing anyone. EIGHTH BALLOT DOLE 25 CLINTON 14 SPLIT 8 PEROT 3 And meanwhile, back in the Senate, the sides held firm, and the filibuster wore on. Over the next two days, Thursday, January 9th and Friday, January 10th, it was more of the same. Perot, reinvigorated both in his own mind and in that of the media, was busily condemning 'politics as usual.' Of course, his forces in their efforts were attempting to bring about reconciliation, not 'politics as usual' on their part. By the end of the week, the dust had settled only enough to see a virtual 'go back to go.' THIRTEENTH BALLOT DOLE 25 CLINTON 17 SPLIT 8 The weary House determined to adjourn for a long weekend, including the Monday King holiday. By that time, the Senate filibuster was ten days old and going strong. And in the environment of the heightened partisanship that marks our contemporary politic and Congress, there was little alteration of the vote other than rather insignificant vacillations in the balloting throughout the following week. Bob Dole came within a whisper one other time, but neither did he fall to Clinton's level, nor did Clinton rise very close to Dole at any time. It was being suggested by some that, as the Perot movement grew in the years ahead, we might see increased such turmoil in Presidential elections, with more cases of House election. Those would become more volatile as Perotistas won a few seats in Congress. And, one speculation ran that we would see evolving a more parliamentary type system in our country. Perhaps the Presidency would be relegated to much more of a role of administrator, as the Speaker emerged as the more dominant primary minister of policy and government. A twilight of the Presidency, indeed. By Friday, January 19th, and after 21 ballots in the House, nothing had changed except the noise level. Late that night, with the Inaugural scheduled for the next day, the lights were burning bright at the White House. The top echelons of the party, and the House and Senate Democratic leaders, along with the Cabinet and the First Lady, were gathered, planning strategy. With the morrow, Gore's term as President of the Senate would end. So, too, could the filibuster. But the deadlock would be just as solid with no risk of a Gore vote to tip the scales. As the clock struck midnight, the VP, First Lady, Leon Panetta, the Secretary of Labor, and the senior senator from Massachusetts, withdrew quietly from the room. As they left, Hillary had begun to mumble something about having to get their stuff out of there, but paused in mid-sentence as the group stopped in their tracks in the hallway, almost as one. They looked at one another. "You can't let the country suffer what will happen tomorrow with no one elected to take the oath. And we can't let Newt seize power," Reich said, and added: "Bill has to stay until this crisis it resolved." "There really is no alternative," echoed the Senator. "We did get the most votes . . ." entered Hillary Clinton pregnantly. "You think the Joint Chiefs . . ." Gore began, but he was interrupted with a retort of "No!" uttered emphatically by Kennedy. "Mrs. Clinton," said Reich, standing up with shoulders back, fighting obvious fatigue and frustration, "You have to go in and ask the President to join us alone for a few minutes." She stood there for a moment and then nodded, turning to go back down the hall. "Can he do it?," Reich asked rhetorically. "Will he do it?," responded Gore. "He will," replied the Senator, "or else you will have to, Al." They headed for the Oval Office to await the President's arrival, talking about what he would have to say in a matter of hours as they waited. "There's not a damn thing they can do about it," Panetta announced quietly, just as the door opened. They stood up. NOTE: The 1996 election obviously did not turn out precisely this way, but the actual results were not so far from this outcome as might be thought. It is offered as an examination of the process and the constitutional crisis that we only nearly avoided. Return to Beginning of Spring issue Return to Beginning of eJPS 1