Annals of policy change: from legislation to regulation
Remember back when the main mechanism for significantly changing federal government policy on something was Congressional legislation? And remember when transformative legislation was felt to need significant bipartisan support?
The good old days, as far as I’m concerned.
Back then, not only was the filibuster firmly in place, but neither party wanted to pass transformative legislation on a very narrow vote. The idea was that if the American people didn’t firmly support a policy change, they would vote them out next session. Also, it kept policy from oscillating/careening wildly out of control.
That era ended with the passage of Obamacare, the first transformative legislation passed with very narrow support, and partisan support at that. But Democrats apparently judged that process to have been too difficult, too chancy, and too close. Executive orders were better, because they only required one person to agree: the president.
So EOs became more a more useful way to do things during the Obama administration. I’m not just talking about the number of such orders any president might issue, because the numbers aren’t really important if they involve minor matters. It’s their nature that counts, and there is a pattern of escalation in regard to their scope and effect.
But as simple as most executive orders are to execute, they are just that simple to un-execute – or to re-execute, in the case of Joe Biden repeating some of the most wretchedly transformative EOs of the Obama years and escalating even further (that’s progress, folks). As we watched President Trump undo Obama’s, and cheered; so do we now watch Biden bring them back to life, and groan.
The increasing use of EOs to institute changes that do not have bipartisan support and that could not have been passed through legislation has another effect: it makes the country’s policies unstable. We’re getting whiplash as a result.
What’s more – although this is not about EOs – because the two parties are so at odds over foreign policy, there is also a whiplash effect in that regard. How can other countries rely on anything the US to last any more than four years these days?
Of course, if the Democrats manage to enact the sorts of changes that will make their dominance of American politics permanent or near-permanent, at least we won’t be getting a whiplash effect anymore. We’ll look back to these whiplash days with nostalgia.
Trump could have been transformative.
Don Surber lists the most egregious Republican betrayals. We all have our own lists.
1. A Republican Congress refused to repeal and replace Obamacare, as they promised they would.
2. A Republican Congress refused to fund building the wall.
3. A Republican Congress refused to investigate Spygate.
4. Paul Ryan and 40 other lifers in the House refused to seek re-election in 2018, knowing this would saddle the nation with Speaker Nancy.
This idea that “if the American people didn’t firmly support a policy change, they would vote them out next session. Also, it kept policy from oscillating/careening wildly out of control.” That’s the mantra of the Republican Party. It’s never been a concern for Democrats.
Here is the problem. A DEMOCRATIC Executive Order (EO) will be more likely to be upheld by the courts. In other words if a Republican president moves to repeal a Democrat President EO the court will block it.
That is why we have to have a Congress with a backbone to enforce it’s will on the deep state. Ie. say this EO is unlawful. Also force the judge to defend his point. Bury them with objections and case law and make the appeals process faster. There are mechanisms to do that. But it requires a PREPARED administration. Personnel is policy.
States are getting smarter about the EO. They are developing ways to stymie the worst of the EO. Texas has filed suit against the deportation pause. Also counter measure could be for red states when an illegal immigrant arrives in their state they are immediately sent to California or New York or Washington DC. If a state is blocked from deporting them then put the children in upper class rich white women school districts and enforce it ruthlessly. Call it equity justice. Use their words against them.
You want to see a policy change make a Karen life harder.
Eva Marie:
Get your facts straight please.
You write:
1. A Republican Congress refused to repeal and replace Obamacare, as they promised they would.
John McCain did that. He stopped the Republican Congress from doing it; see this.
2. You write: A Republican Congress refused to fund building the wall.
The Democrats did that through the filibuster. See this. Later, the GOP protected Trump’s ability to build the wall.
3. You write: A Republican Congress refused to investigate Spygate.
The House did some investigation; see this. In the Senate, Richard Burr, head of the Intelligence Committee, was and is a RINO. However, the FBI apparently also lied to the committee during its Russian interference investigation.
4. You write: Paul Ryan and 40 other lifers in the House refused to seek re-election in 2018, knowing this would saddle the nation with Speaker Nancy.
Ryan served in the House for 20 years, which is long but I wouldn’t call him a “lifer.” That’s a minor point, but you need to define “lifer.”
More importantly, some of those who didn’t run for re-election, such as Issa, were strong Trump supporters (his seat went to a Democrat, but I very much doubt he “knew” or wanted that to happen). By my count (which I’m doing quicky – you can find the list here), only 11 House seats turned over to the Democrats from those who retired from the House or otherwise refused to run again, and my guess is that quite a few of those were surprises. Two of the House Republicans who didn’t run were McSally, who ran for the Senate, and DeSantis, who ran for governor of Florida. Do you think that they quit the House because they wanted the GOP to lose? Hardly. Ten others quit because they ran for the Senate or governor – one of the latter was Kristi Noem, who certainly didn’t want the GOP to lose the House.
In addition, some of the seats of the Democrats who declined to run in 2018 turned over to the GOP as well, although there were fewer. But the Democrats gained 41 seats in the House in the 2018 election. So the seats lost to retirements were not enough to make a difference. I think you are not only imputing false motives to most of the GOP refusals to run for re-election, but you are also over-emphasizing their importance.
“Of course, if the Democrats manage to enact the sorts of changes that will make their dominance of American politics permanent or near-permanent, at least we won’t be getting a whiplash effect anymore. We’ll look back to these whiplash days with nostalgia.”
If we truly wind up with single-party dominance in the United States, we’ll look back on representative government in America with nostalgia.
The Democrats increasingly think, and say, and act, as though they neither want nor need Republicans in the mix at all, and would do away with them if they could. Republicans, increasingly, are responding with similar sentiments. (And who can blame them? It does, however, make the situation all the more dangerous and volatile. As many of us learned in Driver’s Ed, it may be dangerous when a car coming towards you on a dark night has his high beams on, but flashing YOUR brights back at him is not the answer. Better one blinded driver than two.)
But no party is so good, or so infallible, as to not need an opposition.
The saving grace on all of this, if there is one, is that the States are shaping up to stand in defiance of the Federal government. States have demanded their right to enforce immigration law (!!), to set their own standards on overreaching regulations, to create Second Amendment “sanctuaries”, and so on.
I have been waiting for somebody to set up Galt’s Gulch for some time now. (And I know forlornly that, if it happens, I’ll likely not hear about it, nor be invited.) But at this rate, it’s not too far-fetched that Galt’s Gulch will be a county… or a state.
The first five days of EOs: 3 on average. Obama = 5. Bidet = 30.
From the weaponisation of three letter agencies against a duly elected President to the weaponisation of EOs?
“The increasing use of EOs to institute changes that do not have bipartisan support and that could not have been passed through legislation has another effect: it makes the country’s policies unstable. “ neo
it makes the country
’s policiesunstable.At some point, Senate democrats are going to nuke the filibuster to pass entirely partisan legislation and use regulatory agencies to ‘enhance’ that legislation.
That’s going to create a level of fury not seen since 1776.
It’s already started with shutting down the Keystone pipeline and a new E.O. that will gut the energy sector. The Gamestop scandel has exposed the deeply corrupt, incestuous relationship between Wall Street and the Federal Government. Small businesses are already devastated with no end in sight for lockdowns. The NY Governor is the greatest mass murderer in American history along with 7 other democrat Governors. None of whom are being held accoutable, while 74 million Americans are being labeled “domestic terrorists and insurrections”. CRT is now the official policy of the federal government. If you’re white… you’re guilty.
How long till “hate speech” laws make disagreement itself a federal crime? But forget about disagreeing, remember… “Silence is violence”. And by that ‘definition’ isn’t silence effectively “incitement to violence”?
I am Sparticus,
“States are getting smarter about the EO. They are developing ways to stymie the worst of the EO. Texas has filed suit against the deportation pause.”
I’d be more hopeful but for what you yourself pointed out; “A DEMOCRATIC Executive Order (EO) will be more likely to be upheld by the courts.”
Gorsuch, Kavenaugh and Coney-Barrett just demonstrated that to be the case.
A “counter measure could be for red states when an illegal immigrant arrives in their state they are immediately sent to California or New York or Washington DC. If a state is blocked from deporting them then put the children in upper class rich white women school districts and enforce it ruthlessly. Call it equity justice.”
That would indeed be justice of a sort but how does that reduce illegal immigration?
1. What am I missing here? John McCain was a Republican.
2. Dems cram budgets through using the reconciliation process but Republicans can’t?
3. You made Don Surber’s point.
4. Republicans lost the House. 40 members retired. That’s 40 seats that had to be defended that wouldn’t have to be if incumbents had ran.
Eva Marie:
John McCain was a member of the Maverick Party, aka the McCain Party. Know to most for being interested only in John McCain and much beloved by the media. Members of the party (1) were reliablly and consistently self aggrandizing but also delusional in their self regard.
John McCain was the Liz Cheney of his time.
EOs are one problem. Another is regulation in general.
Congress passes a short, several paragraph law on “clean water”. Then the EXECUTIVE BRANCH (such as EPA) writes multiple telephone book thick volumes of regulations. SCOTUS gives deference to agencies, doesn’t demand Congress actually write laws (Chevron doctrine). Dem legislators: “See? I favor clean water. Elect me!” GOP legislators: “That mean bureaucrat is oppressing you? Elect me to fight them!”
Congress has voluntarily become irrelevant.
The Federalist Society’s “regulatory transparency project” posts a dozen or two wonky podcasts annually on this topic, which I heartily recommend to those with the time to educate themselves.
Congress was once a force. They’ve voluntarily ceded the field to the Presidency and the Courts. The stable “3 Branch” model is now a wobbly 2 Branch edifice.
Eva Marie, you’re not alone in noticing that there is a group of “Republicans” who twiddle thumbs while Dems enslave America (re-enslave? They ARE the party of the KKK), but break out the flamethrowers to fight against the TEA party or MAGA supporters.
Remember back when the main mechanism for significantly changing federal government policy on something was Congressional legislation? And remember when transformative legislation was felt to need significant bipartisan support?
No, it was apparent most of that ended under FDR. (The consequences of Congress handing its legislative power to regulators took a while to work through the system, though.) I’m old, but I’m not that old.
Did the “Republican” House send an ObamaCare-Shutdown act to the Senate where John McCain singlehandedly betrayed us?
I submit: it was more than McCain.
How about the border wall? Strong Repub support, or did PDJT have to sneak around to find an obscure way to fund it?
Did Republicans in Congress help reassert voter control over the bureaucracy? Or did they mostly avert eyes regarding Spygate?
(See “Clinesmith, Kevin” to find out how that ended in a whimper)
If there’s ever been a hill worth fighting for and dying on, what was Spygate? Chopped liver?
The main issue the demokrats have is having to legislate or rule according to the US Constitution; it is this they most abhor and it is why they use non-legislative methods to implement their agenda.
EO’s are one way to get around Congress.
The other, more familiar way is to appoint court judges at all levels who are liberal progressive; that is, believe in a “living” Constitution.
Any idiot can see that a “living” Constitution relegates the original to a scrap of used toilet paper. It allows those passing judgement to assign whatever they “feel” the Constitution should be. It allows for NO absolutes.
Thus we see free speech now means non-hate speech, where ONLY those adherents of a leftist ideology are allowed to assign the parameters of hate vs non-hate speech.
The idea that the Constitution is an outdated worthless piece of parchment goes back to Woodrow Wilson. FDR further attempted to eviscerate the Constitution but the Supreme Court rejected many of his programs (thus his effort to pack the SCOTUS).
Obama, in a rare moment when he chose to be honest, complained how the Constitution was a document that prescribed “negative rights;” that is it prevented the govt. from doing things HE and his leftist pals thought the govt. should do (and, of course, those things the framers of the Constitution believed the Federal govt. should never do).
Unless the republicans in Congress get off their incompetent lazy anuses and bring lawsuits to the SCOTUS or other Federal courts to contest Bidet’s “rule by EO,” it will continue.
If Bidet sees that the dumbpublicans just roll over (as is their habit), Congress might as well vote to disband, go home, and save the taxpayers their salary costs.
At this point, IMHO, either some of the States break apart and form new states (e.g., E.Wa; E.Or; Western NY; Southern Ill, etc) to break the stranglehold the more densely populated regions have on the electoral college and election of US Senators and House members, or if this is not possible, the states should begin the process of some sort of State’s Brexit; let’s call it Statesxit.
The dems have zero intention of adhering to the Constitution and intend to rule by fiat, by issuing edicts.
This is not a Constitutional Republic; it is an illegitimate govt; it is a tyranny.
I wonder how many states will just ignore the more egregious EOs, along the lines of what California did with immigration laws?
When they do, what will happen?
Best if several states act concurrently
Many good and telling points raised by Neo and the commenters here. The natives are getting restless. The collectivist Dems have seized control of our national government. Call them socialist if you like, but they have become Leninists.
Wimpiness as opposition to brutality never wins.
The state of Texas was unable to have a SCOTUS hearing by a 9-0 vote of an allegedly conservative court? The largest state in the Union, one which came aboard as a free country and is in the best position to withdraw from the Union now?
There are >10,000 National Guardsmen armed with live ammunition “guarding” the national Capitol for an indefinite period. Pritzker, the obese billionaire Dem. governor of Illinois, just sent another 500 to DC.The Capitol is being converted into a neo-Kremlin.
This is not America. It is a tyranny, agreed.
I don’t think we have to worry about future Republican presidents issuing EOs that undo all the others:
0. Election fraud in key districts will help see to it a Republican President is not elected. If that fails…
1. The establishment Republican party at the national level is not going to try very hard to see a Republican President elected. They want to divert tax money to themselves and their friends and being a potentially obstructive but bribable kayfabe opposition is more advantageous than governing. But if that fails…
2. If by chance Republican voters don’t get the memo again and get a Republican elected, the courts will say that Dem EOs are forever and Rep EOs can be overturned whenever or are just invalid. And if that fails…
3. The civil service apparatus is the last line of defense: they will obstruct and leak against any Republican President and appointees, they simply not do what they are told.
0-3. All is lost, why bother even burning it all down? Any other concerns?
No thanks.
Things look very bad at the moment, that is true. There is the old saying, ‘Things are not bad enough for it to change .’ Perhaps after a year of Biden/Harris things will be bad enough and it will change.
2016 the media claimed the Republican Party was over. They were wrong. The Republican Party has evolved. Their candidates are smart and stronger then the Mitch M. era. This last election things occurred that should not have occurred. We have a facade, pretend person in the oval cubicle. We have a fake insurrection and a media that tells lies. And the American Dollar has lost value from a month ago.
The voters who actual pulled the lever to vote for a dementia candidate could quite possibly change their mind next election.
https://www.americanthinker.com/blog/2021/01/is_joe_bidens_presidency_the_reincarnation_of_jimmy_carters.html
I agree with the statement that the Republican States are smarter and so are local Republican governments. For instance 130 Counties/Cities in Virginia are Second Amendment Sanctuaries. This is in direct opposition to the Governor. Their reaction is not about guns, but an actual ‘resistance’ against overreaching power.
Perhaps there is a silver lining.
They are following examples previously used in history..
see: Schutzhaft
that old terms were redefined and so negated having to actually change laws and that laws and actions were delegated powers… a sort of decentralization where results mattered in terms of the larger picture
anyone not considered part of the Volksgemeinschaft (people’s community) was seen as undeserving of legal protection
strange how things work out with just a few word changes…
After the Attack on the capitol, the republican party was banned by what was known as the “” decree, which suspended fundamental civil rights. This executive order constituted the legal framework justifying repression of all opponents to the democrats, from republicans to the conspirators….
It is great watching the Great Awakening show in America. People are awakening to a harsh truth. That they are slaves. That they were always slaves, from the moment they were born into this System.
It is not a pleasant awakening, but eventually the abused spouse has to decide to leave or to stay with the abusive relationship.
2020 and 2021 are excellent years for me. Humanity itself is being put to the Question. What a time.
Those that resist the Divine Will and the Might of the Heavens, are seeing first hand, the fruit of their resistance. They think they rule this world. They think they will become the new gods of the New World Order RESET, because American and human slaves have agreed to their slavery. By watching the Super Bowl. By ignoring chemical dusting of the sky. By promoting fertility destroying waxines. In every sphere of life and un life, the slaves have promoted the Deep State darkness.
From darkness to light, everything is being exposed. This is worth the price of admission.
Humanity is required by Divine Decree to learn humility and compassion. Even if it means they will be forced to their knees. T Red preferred a more optimistic and naive world line, but he is not as powerful as people thought. Even though he is still the leader of the dual government in America, with Blue Kama on the other end of things.
One man and one satan did not create the slavery 3.0 system of America and the world. And one man and one nation won’t be enough to stop it.
Snowpiercer. Know your place. Do not step out of line. OBEY AUTHORITY.
Believe what you are not.
Do not question chemical weather engineering.
Do not question the Wax.
Do not question your masters, slave.
@om:All is lost, why bother even burning it all down?
I think there’s a way out. I think state governments can make that happen. A bloc of uncorrupted states or perhaps one sufficiently large like Texas could simply refuse to allow Federal laws, regulations, and officials to operate within its borders, refuse to comply with Federal court decisions, refuse to extradite Federal criminals, etc. We’ve seen a precedent with marijuana in those states that have formally legalized it.
In that circumstance I don’t think the Federal government would be able to do much about it, not without fighting a war, and I’d be very surprised if it came to that, provided non-compliance was non-violent. Large portions of the US military and the US population simply would not go along with it.
Frederick:
0-3. “Nevermind.: 🙂
https://youtu.be/OjYoNL4g5Vg
Glad to see you’ve come down off the ledge,
@om: No, I still believe 0-3 is happening. It’s just that there is something to be done in places that value liberty, if there are some.
I’m just thinking that those who value liberty need to write off the Federal government, and stop thinking that they can vote harder next time and expect to change it that way. Instead work to empower your state.
Local and state government can count for more. The Constitution not only separated powers at the Federal level, but also separated state and Federal powers, for this reason. We can make use of this alternative source of sovereignty, in those places where enough people want to avoid slipping back into feudalism at best (fascism at worst).
“Resistance to Tyranny is Obedience to God” — Franklin, Jefferson, Adams (Official US Motto, the First)
TRY TO CENSOR US NOW!
https://lawliberty.org/reforming-the-administrative-state-with-roscoe-pound/
Frederick:
You write: “I’m just thinking that those who value liberty need to write off the Federal government, and stop thinking that they can vote harder next time and expect to change it that way. Instead work to empower your state.”
I don’t see it as either/or. I agree that those who value liberty need to stop depending solely on the idea that if you vote at the federal level it will necessarily change. The state level is very important. But it’s not either/or. Perhaps you’re speaking of a question of focus.
Frederick:
Some things of the Federal Government are essential and control of those essential functions are very important, for example the DOD. States, even Texas, don’t have those capabilities when facing, say the CCP.
@om:States, even Texas, don’t have those capabilities when facing, say the CCP.
There are parts of Texas I’d advise the CCP not to invade.
That said, we don’t share a border with them, and nations the size of Texas are more than capable of defending themselves. Texas’ economy is larger than that of South Korea, Canada, or Russia… It’s pretty unlikely that Texas would be facing the CCP in the next 50 years; by then China would have demographically collapsed, and Texas would not have.
One Federal function is controlling the borders, including that of Texas. What kind of job is the Federal government doing there?