Coyote Blog

Dear Republicans:

The last thing we need now is even more expansion of executive power.  I remember when, gosh it was like only two or three years ago, you Republicans were (rightly) bemoaning Obama's executive actions as unconstitutional expansions of Presidential power.  You argued, again rightly, that just because Congress did not pass the President's cherished agenda items, that did not give the President some sort of right to do an end-around Congress.

But now, I hear many Republicans making exactly the same arguments on the wall that Obama made during his Presidency, with the added distasteful element of a proposed declaration of emergency to allow the army to go build the wall.

I personally think the wall is stupid, will solve nothing, and will be a moral blight on this country -- its ugly to think of use having our very own Berlin Wall.  But forget all that, for now I am not arguing against the wall, but against the proposed process.

I can pretty much guarantee you that if Trump uses this emergency declaration dodge (and maybe even if he doesn't now that Republicans have helped to normalize the idea), the next Democratic President is going to use the same dodge.  I can just see President Warren declaring a state of emergency to have the army build windmills or worse.  In fact, if Trump declares a state of emergency on a hot-button Republican issue, Democratics partisans are going to DEMAND that their President do the same, if for no reason other than tribal tit for tat.

Postscript:  Now that I am handing out political advice to Republicans, what is the deal with your Ocasio-Cortez fixation?  I hear many folks on both sides of the aisle who attribute some of Trump's electoral success to the media fixation on him that kept him in the news constantly.  I am reminded of the old Pepsi challenge, where Pepsi showed people choosing their product over Coke.  But the thing was, while Pepsi's sales increased, so did Coke's because the commercials kept Coke's name prominent in people's minds and established it as the product to which everyone else compares themselves.  Do you really want to do the same thing with Ocasio-Cortez?

I have made this point before, but Tyler Cowen has a great chart from a new study.  The explanation is here, but basically they have defined the bands based on some income break points corrected for family size and inflation over time.

A reader sent me a nice note with this link, saying that I had been right many years ago when I began making this point.  That's good, but I will also confess to be wrong on a related point -- I said 8 years ago that the one good thing about having a Democratic President was that the media would become much more positive suddenly about the economy.  On that, I was wrong.  The media still has a strong bias towards telling everyone that their life is getting ever worse, even when no such thing is true.

The title of this post comes from something my son said, after a few hours on Facebook with everyone in that forum dancing on Osama's grave.  He said he just couldn't work up the excitement felt, by, say folks on the local news last night chanting "USA, USA."

I know how he feels.  Certainly Osama is a mass murderer and deserves to die.  And I suppose it is important from a foreign policy standpoint that if we say we are going to do something, we do it, even if it takes ten years or so.  And Kudos to the military team that got him.

But I heard commentators say that this was another Kennedy moment when we would always remember where we would be when Osama was killed -- that seems a gross exaggeration.   I don't think I was in need of or received a nationalist ego boost last night.  The reaction almost reminded me of the US Olympic hockey victory in 1980, when people frustrated with internal and external problems found release in the victory on the ice over the Russians.   But cheering about killing a guy, even a bad buy, in the same way as one might for a sports team victory just leaves me a bit queasy.

Besides, isn't Bin Laden largely irrelevant now?  If he is the spider at the center of the global web of terrorism, I have certainly missed the evidence.  Frankly, this whole thing feels like grabbing the Kaiser out of the Netherlands in 1938 and hanging him.  Not only a  bit late, but  a diversion of attention from the source of current problems.

Update: How Bin Laden Changed America.  Example:  without Bin Laden, we probably would not have  a progressive Democratic President who claims the right to assassinate American citizens.

Update #2: It has been made increasingly evident to me that I am out of step with America on this.  Fine, not the first time.  Let me just say, then, that the precedent of sending US troops into a sovereign nation without that nation's permission or knowledge and kidnapping/assassinating a foreign national based on the President's say-so based on intelligence gathered in part from torture of people detained indefinitely without due process in secret CIA prisons is, well, a precedent we may some day rue.  From time to time Presidents may need to make such calls, but I am not going to be celebrating in the street.  If a Pakistani team did the same, even to, say, raid a California prison and kill Charles Manson, I still think we might be pissed off about it.

Update #3: After a few days introspection, I don't know why I am brooding so much about this.  I must admit it was a good move to go in and knock him off, and while I hate precedents for expansion of executive power, this particular move was entirely justified.   I am not sure why the initial response to this rubbed me the wrong way -- perhaps because the celebration seemed to be excessive vs. the strategic value.    I suppose I am not big on symbolic victories.  Had I been alive in 1942 I probably would have reacted negatively to the Doolittle raid.

So I guess the Democratic response to the Bush administration's 8-years of disrespect for the separation of powers is to one-up him?

On the op-ed page of the New York Times,
Jean Edward Smith argues that if the Roberts Court keeps on its current
path, a future Democratic President and Democratic Congress should
consider a court-packing plan and add Justices to ensure a liberal
majority on the Supreme Court. This might be necessary, Smith contends,
because the Roberts Court has "adopt[ed] a manifestly ideological
agenda," "plung[ing] the court into the vortex of American politics"
where it now decides political questions rather than the purely legal
decisions of the Warren Court.

And by the way, I would have said that the Roberts court has followed a distinctly non-ideological agenda.  In fact, I can't figure out how they are making decisions from one case to the next.  This court bears the hallmarks of one that is really evenly divided, with backroom negotiating going on to get a majority that reeks of compromise rather than anything either ideological or Constitutional.  Every major decision seems to have five or six written opinions.