The whole point of Jacksonianism is “You leave me alone and I’ll leave you alone. You play fair with me and I’ll play fair with you. But if you fuck with me, I’ll kill you.”Steven Den Bestie
4th Doctor: Well of course you swore an oath! Now you have to choose. Your personal honour against the safety of the whole of Traken.
Nyssa: Yes, father.
Tremas: I can’t, Doctor.
4th Doctor: Well, that’s fine. That’s fine, Tremas. I mean, when this thing has taken over the entire Source you’ll have the consolation of knowing that you kept your honour intact.Doctor Who, The Keeper of Traken 1981
The President’s executive order splitting the difference on extending Unemployment benefits and other COVID business is both smart and dangerous.
Mind you I’m not talking about measures in the order itself. The questions of extending federal unemployment bonus, student loan and eviction extentions are all fair ones for debate. Trump’s move splits the difference between both sides. I think the tax holiday for payroll taxes is a bad idea because it will bite a lot of people later (I’ll be increasing my extra withholding to play it safe) all in all it’s a fair compromise on it’s own but again I’m talking the order itself, not what’s in it.
I’m not by nature a fan of executive orders to begin with. I don’t belong to the pen and phone club. While executive orders do have their place the idea that they will be used to break a congressional deadlock (even if the measures are allowed by law as in this case) is a bad, I would say even a dangerous precedent to set. The conservative in me doesn’t like it.
Then the Jacksonian in me speaks up. A tactic that is used by my enemies against me is certainly a tactic that can be used by us against them. Furthermore by playing hardball the President puts the left in a box to either make an actual deal or let him get credit for the unemployment benefit extension. The fact that he did so while detailing the Democrat wish list in the bill makes the point even better and given how critical this election is you have to be willing as his predecessor once said: “Punch back twice as hard.”
But there is also another lesson here. Just as the Democrats (as they were warned) have been made to pay for tossing the filibuster allowing 51 votes for Trump judges and for over-reliance on the executive order to make laws without, you know actually making laws the old fashioned way through congress, if this stands then there is no reason to think that the next Democrat President (and there WILL be one, just not Joe Biden) doing the same
So the problem is this: How do we cut the Gordian knot of Jacksonian battle with the left while preserving the principle of limiting the power of a chief exec to make laws by fiat. The answer actually is pretty simple.
Introduce a bill to remove the underlying laws allowing said orders.
The solution is simple which makes it hard to do. The GOP of course doesn’t want to handcuff this president in the face of Democrat intransigence while Democrats may balk as they will want this power in the future.
President Trump won’t be president forever and it would be a really good idea to get something like this over the hump before his 2nd term ends A push for a repeal of such laws, playing it up as a “Stop Trump” measure to the media/left whose base would likely fall for it.
Would that mean a little less leverage for President Trump in dealing with the left? Sure, but he has proven himself able enough to novel them in other ways. Such a bill would come late enough to allow this President to use this Jacksonian tactic for a while, and still satisfy that Conservative instinct to slow government and restrict its power.
If something like this can be passed during Trump’s 2nd term it would go a long way toward restoring “regular order’ and forcing the congress to do the job is it elected to do. We likely will never get another chance to get something like this done.
Of course the best solution would be a functional congress, but that frankly isn’t possible with the current makeup of the Democrat party but until it happens as Don Surber puts it:
Somehow, the Supreme Court and presidents now write the law but Congress does not. We really should fix that. Democrats can go first by declaring DACA invalid.
Until then, you fight the battle with the weapons you have.
The time to fight that fight will be after we win.