Off Topic > General Discussion
The Biden Presidency
LunarOrbit:
It will be nice to have American run by intelligent people again.
smartcooky:
--- Quote from: Jeff Raven on November 08, 2020, 07:24:05 PM ---I thought it was a very good, measured speech, and very appropriate. I hope he's able to deliver on its promises. Of course, a lot of that will depend on the composition of Congress come January.
One thing that I hope he does not do is what Representative Omar tweeted: "We have not only voted out the most corrupt, dangerous president in modern history but have the opportunity to carry out the most progressive agenda our country has ever seen. Let’s get to work!"
I'm sorry, but a) if the Republicans keep control of the Senate, he won't be able to get anything done if he tries to pursue such a course, b) this was not a landslide victory (a la Reagan), so he doesn't have that kind of momentum/mandate, and c) this isn't the time for it. Given how close the results are, the divides in the country, and the fact that we really are a nation of centrists (basically), the last thing that will help heal the hurt and get us back on track is to push hard that way. Be progressive, sure, but not radical. There are too many basic things that need to be addressed (e.g. infrastructure) right now.
--- End quote ---
Let me ask something about US politics, because there are a couple of tiny details that escape me.
When Trump didn't get what he wanted from Congress, he simply made it happen by Executive Order... the Muslim countries travel ban, stopping gays and lesbians from being members of the armed forces, declaring a national emergency to build his vanity project on the southern border and subsequently diverting funds allocated by the house to the military, to pay for the wall (which is supposed to be illegal as the House has the sole power of the purse), separating children from their parents at the border and then locking those children in cages for months, in some cases, years.
So, my question is, why can't Biden just do the same thing? The House passes legislation, McConnell and the Senate stonewall him, Biden does an end-run around them and makes the House legislation law by Executive Order?
raven:
I don't think pushing America further into a de facto dictatorship is exactly a good thing.
Also, it was transgender folk Trump got banned from the US military, not homosexual.
JayUtah:
--- Quote from: smartcooky on November 09, 2020, 12:48:58 AM ---So, my question is, why can't Biden just do the same thing?
--- End quote ---
He can, and almost certainly will. The strategy of using executive authority to bypass a stalled Congress is an Obama-era invention. Pres. Trump just appropriated it. And that too can be traced to the strengthening of Presidential authority under the George W. Bush administration.
--- Quote ---The House passes legislation, McConnell and the Senate stonewall him, Biden does an end-run around them and makes the House legislation law by Executive Order?
--- End quote ---
He can't do that. He can't make unresolved legislation become law. Executive Orders derive their authority either from the powers given to the executive in the Constitution, or from authority delegated to the President from Congress under the various laws that empower the offices of the executive, such as to regulate and enforce. Of course he can overturn Pres. Trump's orders. And we hope will. But the orders he issues on his own would have to refer to existing law.
And Executive Orders are subject to the federal judiciary, a large fraction of which has now come from the Trump Administration and the McConnell Senate. Courts cannot rule on whether it's a good idea for the executive to do something, but they can rule on whether it's lawful. If an Executive Order has insufficient basis in existing law, it can be ruled unenforceable.
smartcooky:
--- Quote from: JayUtah on November 09, 2020, 10:04:44 AM ---
--- Quote from: smartcooky on November 09, 2020, 12:48:58 AM ---So, my question is, why can't Biden just do the same thing?
--- End quote ---
He can, and almost certainly will. The strategy of using executive authority to bypass a stalled Congress is an Obama-era invention. Pres. Trump just appropriated it. And that too can be traced to the strengthening of Presidential authority under the George W. Bush administration.
--- Quote ---The House passes legislation, McConnell and the Senate stonewall him, Biden does an end-run around them and makes the House legislation law by Executive Order?
--- End quote ---
He can't do that. He can't make unresolved legislation become law. Executive Orders derive their authority either from the powers given to the executive in the Constitution, or from authority delegated to the President from Congress under the various laws that empower the offices of the executive, such as to regulate and enforce. Of course he can overturn Pres. Trump's orders. And we hope will. But the orders he issues on his own would have to refer to existing law.
And Executive Orders are subject to the federal judiciary, a large fraction of which has now come from the Trump Administration and the McConnell Senate. Courts cannot rule on whether it's a good idea for the executive to do something, but they can rule on whether it's lawful. If an Executive Order has insufficient basis in existing law, it can be ruled unenforceable.
--- End quote ---
OK not laws then, but can he do things like stopping the wall being built, ending the caging of children at the border, restoring DACA, advancing the ACA, passing the House's budgetary decisions, all by EO?
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