Thursday, November 19, 2020

The Problems With Executive Action

 Dylan Mathews has a post at Vox: "10 enormously consequential things Biden can do without the Senate".

He writes: "Pushing the limits of executive authority is sure to provoke legal challenges that the Biden administration could lose, especially with a 6-3 Republican Supreme Court. But even if only half of the options below are implemented and affirmed by the courts, the practical effects would still be hugely significant."

I guess my conservative side is showing.  I know the frustrations of facing a deadlocked Congress, a body which cannot decide what laws to pass. But there are problems in going down this road. 

  • successful executive actions can be reversed when a new Republican president comes into office.  We can't assume that Democrats will always control the executive, or that the Republicans will come to accede to Dem actions.   Reversals can mean a frustrated and ineffective bureaucracy: one which will know their work is temporary and built on shifting sands.
  • using the executive actions increases the power of SCOTUS, meaning it will become more political and fights over filling vacancies even more heated.
I prefer the longer range option of building support in the country which results in electing majorities in Congress which can pass permanent legislation.  That strategy is the one which Dems used for Obamacare.  In the end, it's better to piecemeal our way to permanent reforms than to become wedded to visions of perfect solutions for which the clock will strike midnight.

No comments: