The Last Defense against Donald Trump?
In Foreign Policy recently, economist Daron Acemoglu wrote an article subtitled:
America’s institutions weren’t designed to resist a modern strongman.
In fact, America’s institutions were designed to resist a modern strongman. The President doesn’t impeach congressional representatives. Congress impeaches the President. If Donald Trump actually acts like a “modern strongman”, even a Republican congress will vote to impeach him. But of course, that’s not what the left is complaining about. They’re complaining that Trump is acting like President Obama did.
America’s institutions weren’t just designed to resist strongmen; they were designed so that there wouldn’t be any strongmen. The left tore those institutions and barriers apart.
The President doesn’t get to legislate. Neither does anyone else in the executive branch.
Except, of course, that now they do: because that defense has been dismantled by the left, with a lot of help from the beltway class. They wanted plausible deniability when agencies did what congress authorized them to do. And they figured they’d always be in control.
The party in power doesn’t get to install their own judges to interpret legislation. Since 1806, they have needed some form of a supermajority in the Senate1.
Except, of course, that now they don’t: because that defense was dismantled by Democrats under Senator Harry Reid. They figured they’d always be in control. And they figured that even if they did lose, it would be to someone else in the beltway class.
The federal government doesn’t get to legislate people’s personal lives, from who they go to the bathroom with and what insurance they buy to how their communities educate their children. The federal government only has those specific powers granted it in the constitution. Everything else is left to the states to decide, and the people themselves if the states don’t.
The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Except, of course, that now the federal government does have that power: because that defense has been dismantled by the beltway class, with a lot of help from the media calling for federalization of every problem rather than letting fifty solutions bloom.
They figured they’d always be in control.
Acemoglu complains that Trump gets to install some “4,000 high-level posts in the civil service and the judiciary, essentially shaping a bureaucracy ready to do his personal bidding.”
But that’s not Trump’s fault. Trump didn’t build this bloated administrative state. Nor is that how America’s institutions were designed. America’s power structure was specifically designed to insulate states from the federal bureaucracy. The left, mostly, and the beltway class in general has dismantled that defense.
The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.
They thought they’d always be in charge.
And even the merest whiff of Trump appointing someone who might reduce his own power by dismantling part of that bureaucracy—such as appointing DeVos to the Department of Education—is greeted by horror from the establishment left. They want that power to remain for the next time they’re in charge.
There’s a telling line in a recent Washington Post story about one of Trump’s inauguration-day executive orders, on ObamaCare:
The executive order, signed in the Oval Office as one of the new president’s first actions, directs agencies to grant relief to all constituencies affected by the sprawling 2010 health-care law: consumers, insurers, hospitals, doctors, pharmaceutical companies, states and others. It does not describe specific federal rules to be softened or lifted, but it appears to give room for agencies to eliminate an array of ACA taxes and requirements.
However, some of these are embedded in the law, so it is unclear what latitude the executive branch will have.
If the beltway class—including the Washington Post—hadn’t begged President Obama to rewrite the law—this specific law, in fact—it would be very clear what latitude President Trump has about requirements embedded in the law. The President doesn’t get to change specific requirements in the law. Except, of course, that President Obama altered those requirements, the media praised him for altering them, Democrats refused to help Republicans stop him, and the courts, including the Supreme Court, let him get away with it.
They thought they’d always be in charge.
It would be easy enough for Democrats to fight Trump’s executive orders, if they truly wanted to reign in executive overreach. If Democrats introduced a bill in congress requiring all executive orders and regulatory interpretations to be approved by the House and/or Senate within, say thirty days, and, to show that they’re serious, backdate it to the beginning of President Obama’s presidency Republicans would have to support it, or forever stop complaining about executive overreach. But Democrats won’t reign in the presidency, because they want to be in charge again, and they want that power back when they are.
What the Democrats are doing is more of the same that gave us Trump: complaining ineffectually because they don’t want to implement solutions that would hold them back, too.
In response to The Bureaucracy Event Horizon: Government bureaucracy is the ultimate broken window.
From 1806 to 1917, even a single Senator could block a nomination if they were willing to filibuster it; from 1917 until 2013, three-fifths, that is, 60 Senators, were required to bring a nomination to a vote.
↑
- The Bill of Rights (Amendments I Through X)
- The Bill of Rights, or the first ten amendments to the U.S. constitution, establishes firm limits on government power and affirms the rights of the people.
- The fall of the house of Obama is coming, and it’s his own fault: Marc A. Thiessen at The Washington Post
- “He took executive actions on everything from gun control and financial regulation to health care and transgender bathrooms.” (Memeorandum thread)
- Trump signs executive order that could effectively gut Affordable Care Act’s individual mandate: Ashley Parker and Amy Goldstein at The Washington Post
- “President Trump signed an executive order late Friday giving federal agencies broad powers to unwind regulations created under the Affordable Care Act, which might include enforcement of the penalty for people who fail to carry the health insurance that the law requires of most Americans.” (Memeorandum thread)
- We are the last defense against Trump: Daron Acemoglu at Foreign Policy
- “America’s institutions weren’t designed to resist a modern strongman. That leaves civil society.” (Memeorandum thread)
- ‘I’ve Got a Pen and I’ve Got a Phone’: Obama’s Executive Overreach Becomes Trump’s Executive Overreach: Damon Root at Reason Magazine
- To make matters worse, many of Obama's fervent liberal supporters pretended to see nothing wrong with such obvious abuses of executive power.” (Memeorandum thread)
More Barack Obama
- Obama to lead domestic violence shelter
- Former President Barack Obama promises to tear down the barriers of hate, and end the divisions that plague shelters. “We will restore the Sanctuary’s image as the last, best hope for acceptance for all those touched by domestic violence.”
- Trump vs. the Media: authenticity and humility
- A meme running around comparing what President Trump wrote in the Holocaust memorial guestbook to what Senator Obama wrote shows a surprising humility in President Trump.
- Election lessons: be careful what you wish for
- Republicans should learn from the Democrats’ mistake of the primary season: be careful what you wish for, you might just get… half of it. They wanted Donald Trump as Hillary Clinton’s opponent.
- Lessons for new Presidents: Entangling long-term alliances
- How will our foreign policy change after President Obama’s Fortress America?
- President Obama blames EU, self, for Brexit vote
- I failed to understand issues of critical importance to the British people, says President. “I’ve learned my lesson.”
- 26 more pages with the topic Barack Obama, and other related pages
More Eloi class
- The Life of Stephen A. Douglas
- Where Abraham Lincoln’s conservative principles made a flawed man better, Stephen A. Douglas’s belief in the responsibility of government elites for managing lesser men made him far worse.
- Mitt Romney Day 2020: Coronavirus Calvinball
- The competition for the Mitt Romney Day award in 2020 became dangerously competitive come March, as contestants worked hard to kill the most jobs, the most small businesses, the most lives. But there can be only one winner.
- The new barbarism: A return to feudalism
- The progressive left seems to have no concept of what civilization is, and of what undergirds civilization.
- The Tyranny of the New York Times
- The New York Times joins CNN in its totalitarian views of the use of rules.
- Was Weinstein treated better than Spacey because his accusers were women?
- Both Weinstein and Spacey got a pass for a long time. We know more about Weinstein because he was caught earlier, and that’s it. Maybe it’s past time to drain the swamps of Hollywood, the entertainment industry in general, and similar cultures of deception such as in Washington DC.
- 25 more pages with the topic Eloi class, and other related pages
More President Donald Trump
- Trump, tariffs, and the war on American workers
- Why do so many American workers support Trump so strongly against the wishes of their union leadership? Partly because only Trump recognizes that we’re in a war targeting American workers.
- Walk toward the fire
- Trump reassures crowd after assassination attempt fails.
- Trump and the January 6 defendants
- There appears to be a concerted effort on conservative forums to blame Trump for not doing anything for the January 6 prisoners and defendants. Is it true?
- Betrayal is bad advice
- It makes sense that the beltway would want to depress voter turnout by working class voters. It’s a mistake for Trump supporters to do so.
- Who is Trump running against?
- If Trump runs against Biden, he’ll lose, just like he did in 2020: by getting more votes but fewer ballots. It looks like Trump understands that. He’s not running against Biden. He’s running against the Democrats and Republicans who put Biden in power.
- 30 more pages with the topic President Donald Trump, and other related pages
More reigning in bad laws
- A one-hundred-percent rule for traffic laws
- Laws should be set at the point at which we are willing and able to jail 100% of offenders. We should not make laws we are unwilling to enforce, nor where we encourage lawbreaking.
- A free market in union representation
- Every monopoly is said to be special, that this monopoly is necessary. And yet every time, getting rid of the monopoly improves service, quality, and price. There is no reason for unions to be any different.
- Bipartisanship in the defense of big government
- We’ve got to protect our phony-baloney jobs. Despite their complaints about Trump’s overreach, Democrats have introduced legislation to make it harder for them to block his administration’s regulations.
- The Sunset of the Vice President
- Rather than automatically sunsetting all laws (which I still support), perhaps the choice of which laws have not fulfilled their purpose should go to an elected official who otherwise has little in the way of official duties.
- The pseudo-scientific state and other evils
- In 1922, following the first world war, G.K. Chesterton discovered to his dismay that the evils of the scientifically-managed state had not been killed by its application in Prussia. Unfortunately, it was also not killed by its applications in Nazi Germany.
- 20 more pages with the topic reigning in bad laws, and other related pages