Reward and Punishment: SCOTUS Nominations

I’m still troubled by the idea of rewarding – and thus encouraging – the behavior of the GOP Senate in 2016 re: the nomination of Merrick Garland.

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While two wrongs don’t make a right, rewarding a wrong encourages more of the same. There have to be consequences to misbehavior, especially intentional misbehavior such as the 2016 GOP Senate engaged in.

With that in mind, and for that reason – the Democrats should block all consideration of any SCOTUS nomination for the duration of this current presidency, regardless of the nominee’s qualifications.

 

Ending the Imperial Presidency

I have a theory — that we are living through the end of the “Imperial Presidency”, with the accompanying restoration of the Congress as the center of power in federal government.
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“The Imperial Presidency”. Those who have watched as many presidencies as I have (or more) know that term. It has been around for the entirety of our modern presidency — which I put at all presidents starting with Franklin Delano Roosevelt’s 1933 inauguration, in the midst of the Great Depression. It was FDR who swung the presidency like a club, sweeping across the economy and the “general welfare” of a nation in dire straits. FDR wasn’t always attentive to the Constitution along the way, and met resistance from conservatives, the opposition (Republican) party and businesses. But his New Deal reforms are entrenched in government programs to this day — and the presidential power that he exercised before and during World War II set the tone for the Imperial Presidency that continued long after he died.

All presidencies since FDR have tried, with varying degrees of success, to deal with the challenge of the Imperial Presidency. We’ve had other Imperials — JFK, LBJ, Nixon, Reagan, Clinton, W and Obama. All of them were accused — correctly — of expanding the dominance of the White House. In most cases, Congress pushed back hard and SCOTUS blocked the way, but the popular perception, at home and internationally, was that of a dominating, celebrity POTUS.

With 45, it’s different — significantly different. First, he is showing himself, unsurprisingly, to be utterly incompetent and ignorant, and has surrounded himself with friends who are equally ignorant, equally incompetent or just too obsequious to resist him. Add to that the departure, by voluntary or forced resignation, of the knowledge leadership in the executive branches, and the slow pace at which that leadership is being restored. The executive branch is in the hands of idiots – and that is widely accepted to be true, at least for the time being.
Second, importantly, Congress is all Republican. This gives Congress the ability to do whatever they want and to succeed in demanding that their fellow party member in the White House go along with it. They are soon to move SCOTUS into their camp as well (because they can), taking down any final barrier to Congressional “overreach”.
This creates the framework for a very powerful Congress that can lord over a much-weakened presidency. The Republican Congress has been testing its strength against the Obama presidency and, by any measure, succeeded beyond their expectations. And while he was frustrated often, Obama was a president with enormous personal strength of will and intellect. He could wield a law-making scalpel to get some things done because he understands the law, if not the politics of legislating. And he surrounded himself with like-minded people, equally knowledgeable.
By contrast, Obama’s replacement is a dolt both in the law and in legislating (or even in simple management) and his posse does not make up for that weakness.
So the stage is set for a dominating Congress to tower over a much-diminished White House in a way that we haven’t seen in 75 years or more. And that shift may be long-lasting. I expect the “Imperial Presidency” to be a concept shuffled off to history, replaced by a presidency marked by weakness at home and abroad.
One very significant implication of this weakened presidency is the role of “Command-in-Chief.” Can a strong Congress permit the president to exercise the military as his predecessors (W and Obama) could? They passed “Authorization for Use of Military Force” (AUMF) for W, then essentially let it continue for Obama. With a weak president — especially one who is desperate to demonstrate his self-imagined “strength” — the AUMF is a very dangerous weapon. I expect Congress to pull it back and restore its constitutional power “to declare war”.
A second implication of this weakened presidency is how the United States is perceived internationally. If the US — both in Congress and among the people — do not see a powerful president, how will foreign nations relate to the US? Will they invite the president to a state visit and to negotiate treaties if they do not see the president as a true leader? Perhaps the Speaker of the House will rise in importance internationally as the true leader of the United States, in the same way that the Prime Minister is viewed in parliamentary governments. Perhaps the president will become head of state in title only, in the view of our allies and enemy nations alike.
BOTTOM LINE: Presidential elections of the future will mean far less and have far less real impact than the bi-annual Congressional races. Focus.

Image credit: An East View of Gray’s Ferry, near Philadelphia, with the Triumphal Arches, &c. erected for the Reception of General Washington, April 20, 1789 , line engraving (1789) by James Trenchard
(Courtesy of the Library of Congress)

Can You Lie About The Future?

Can you lie about future events? Here’s a comparison of two statements, both cast as “lies”:
OBAMA: “no matter how we reform health care, we will keep this promise: If you like your doctor, you will be able to keep your doctor. Period. If you like your health care plan, you will be able to keep your health care plan.” (June 15, 2009)
TRUMP: “There were people over in New Jersey that were watching it, a heavy Arab population, that were cheering as the buildings came down.” (November 21, 2015)
img_1755In my judgement, Obama was wrong but Trump lied.
What makes the difference? The difference is that Obama was making a statement about a FUTURE event.
In June 2009, the health care plan was nowhere close to being decided. The Tea Party rose up a few months after this statement, Congress was battling over small and large changes, and everything was uncertain. So what was Obama talking about? He was talking about what he was trying to put into place — it was a statement about what the future would be IF Congress passed Obama’s plan. They didn’t. For these reasons, PolitiFact rated it “half-true” because it was a statement about the future.
Trump was making a statement about a HISTORICAL event. In November 2015, the WTC buildings had been attacked 14 years earlier. The story about “thousands cheering” had been circulated shortly after the 2001 event, had been investigated by many fact-checkers and been found to be false. PolitiFact gave it a “pants-on-fire” false rating.
Can you lie about the future? I think you can under only one condition — that you can create or obstruct the future that you’re lying about. For example: if you know you will be at the theater at 7:00PM, you would be lying if, at noon, you told a friend “I’ll be home at 7:00PM”. However, if you intend to be home at 7:00PM but get held up in traffic until 7:30PM, you would not have lied to your friend — you would have been wrong.
Likewise, if, the next day, you say “I was home at 7:00PM last night” when, in fact, you were at the theater or you were stuck in traffic — that would be a lie. It’s a statement about what happened in the past, and you knew that what you said was false.
What’s the big deal? Because, once again, 7 years later, I listened to one commentator discuss Trump’s most recent lie (something about “millions of people” being at his inauguration), and another commentator countered “Well, Obama lied — he said you could keep your doctor. Why aren’t you talking about Obama’s lies?”
Yes, it’s correct to say “We’re not talking about Obama, we’re talking about Trump.” But it’s better to say “Being wrong about the future is just being wrong. Being wrong about the past is lying.”

Words, Not Just Tone, Matter

In the “heated argument” between Kellyanne Conway and Jennifer Palmieri at Harvard last week, the press attention focused on the seemingly angry tones between these two. The audio reflects that tone, both speakers (and others) talking over the others in incomplete sentences, neither side making a coherent argument. What should have been an instructive and reflective examination of the past presidential campaign devolved into a shouted barrage of “Oh yeah?”, “Did not!” and “Did too!”

But for all the shouting and hostility, we should not forget the words — yes, there were words spoken and statements made and claims denied, and these should not be ignored. These words matter, because the claims they make matter and the denial of these claims matter.

So — what set off this heated argument?

Palmieri expressed her pride that Clinton stood up against the “white supremacists, white nationalists” who were attaching themselves to Trump’s campaign as a way to get their message out.

“One of my proudest moments with [Hillary Clinton] is her standing up with courage and with clarity in Steve Bannon’s own words and Donald Trump’s own words the platform that they gave to white supremacists, white nationalists. And it is a very, very important moment in our history as a country and I think as his presidency goes forward I am going to be very glad to be part of the campaign that tried to stop this,” Palmieri said.

The claim, then, is that the Trump campaign gave “a platform” to these groups.

The counter-claim is that the Trump campaign had “a decent message for the white working class voters” and that Clinton “doesn’t connect with people, […] they have nothing in common with her [and] you had no economic message.”

The counter-claim is not, as it turns out, a denial. Conway doesn’t say “no, we did not give white supremacists a platform, we kicked them out whenever they latched on to us.” Conway doesn’t quote any statement by Trump or anyone else in the campaign, telling David Duke, the KKK, Breitbart, the Spencers’ or other known white nationalists to go away. Indeed, when those statements did come, they were only after the election was over and Trump had been declared “president-elect.”

So we have a claim, an accusation if you will, which — given the opportunity — the accused does not deny.

Words shouldn’t be lost in the heat of the exchange. Words aren’t as entertaining as a shouting match, true, but they are instructive.

Words — and the absence of words to the contrary — matter.

Trump Transition: You’ve Been Punk’d!

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Let’s think about this for a second.
  • First, never forget that Trump’s expertise is marketing – more than anything else, he gets people to think the way he wants them to think.
  • Second, Trump is highly sensitive to any criticism – he does not tolerate having people say negative things about him.
  • Third, Trump never lets any challenge go unanswered and unpunished.
With that in mind, Trump is “interviewing” a lot of people who were really rude to him. The key here is Romney — why would Trump want Romney to be considered for something as high profile as Secretary of State?