David Dayen Profile picture
23 Jan, 14 tweets, 3 min read
This is a very uninformed article that presumes the dumb way Trump initiated executive orders taints all executive action a president has the authority and mandate to undertake.
nytimes.com/2021/01/22/us/…
I can't believe this has to be spelled out:
Congress passes laws, presidents implement them. There are latent authorities in already passed laws that can be employed to give material benefits to people. That's literally the job description of the president in Article II.
Most of Trump's exec orders were BS but some did draw on already passed laws, like the farm funding through the Commodity Credit Corporation. That was billions of dollars that cannot be "rolled back."
It was untargeted and drawn upon disproportionately by rich farmers. But there are more equitable measures, with the authority granted by CONGRESS, which the president can implement.
So far Biden has not really taken this opportunity. There's been a blizzard of paper, most of it rolling back Trump EOs, and some emergency programs. A few of those emergency programs are going to give real benefits (eligibility changes on nutrition assistance for ex.)
Again, this dumb trope that you can "roll back" executive orders makes no sense in the context of a poor family getting another $100 a week in food support from Pandemic EBT (a congressionally passed law now properly implemented).
The move to a $15/hour minimum wage for federal contractors, also, is a tangible benefit based on congressionally designated authority to the executive for procurement. People are going to earn more. It's not a game.
Yes, that can be "rolled back" by the next president but that's 4-8 years from now, and it may not be all that popular to take away money from working people at that point. Plus they'll have gotten 4-8 years of higher wages at that point.
This just scratches the surface of what a president can do by implementing already passed laws. These are not "executive orders snicker snicker." It's the Day One Agenda. dayoneagenda.org
I would add that this idiotic way of looking at executive action taints all campaign reporting and the presidency itself. It pushes presidents into what really is not their role in this government, creating a legislative agenda. Their defined role is implementation.
If we saw the president as an implementer and lawmakers as the ones doing the lawmaking, we wouldn't have the myopic "great man of history" view of U.S. government. Also--
We wouldn't have the rotten accountability problem where presidents are held accountable for not getting Congresses with different goals and sometimes a different ideological makeup to do their bidding.
We would orient more toward Congress as a lawmaking body and we wouldn't accept supermajority thresholds to simply get an agenda passed, rather than blaming the executive for not bringing opposition party members in for cocktails enough.
The cult of the presidency is debilitating, and part of it stems from viewing presidents as legislators. They are implementers. And they should implement to the maximum potential allowed by law.
The way mainstream thinking views government is completely wrong.

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More from @ddayen

15 Jan
The Prospect and The Intercept have learned that Renata Hesse, a former Obama Justice Department official who then went on to work for Google and Amazon, is a leading contender to head up the DoJ Antitrust Division.
Among other things, Hesse would presumably have to recuse herself from the active monopolization case against Google, the biggest anti-monopolization case in 20 years.
Jonathan Kanter, a plaintiff's lawyer who helped design the cases against Google and Facebook, remains "in the mix" for the same job, sources indicate.
Read 5 tweets
15 Jan
Here's a good day of @theprospect content:
First, @Marcia_Brown9 on "social accountability": how in the absence of legal action against elites with power and influence, civic structures have taken up this responsibility prospect.org/politics/new-e…
Then, @alex_sammon on Prop 22, the California measure keeping Uber/Lyft/Doordash drivers as independent contractors. In just the first month, consumers are paying more, drivers are getting less than promised, and other businesses are taking advantage.
prospect.org/labor/prop-22-…
We have @Lfelizleon using the history of U.S. intervention in Latin America to help inform the Capitol Riot: prospect.org/politics/chick…
Read 4 tweets
15 Jan
Here's Biden speaking on his $1.9 trillion plan. I appreciate the ambition. I believe it's a solid collection of policies. I think the strategy is kind of bonkers.
"With interest rates at historic lows, we cannot afford inaction."
The deficit hawk has been shooed away
Biden laying out the rescue half tonight, says the Build Back Better Plan will be the subject of his speech to a joint session of Congress (the State of the Union, effectively)
Read 16 tweets
13 Jan
If we had a culture of legal accountability nobody would have to resort to social accountability
For 20 years or more in America the justice system has proven utterly incapable of equal justice, at every level. In that absence, you're just going to get institutions taking on their own forms of justice.
The exact same dynamic happened with #MeToo. Women went to complain about men on social media because there was no hope of success through legal channels.
Read 4 tweets
9 Jan
This could be a chapter of my book Monopolized, I swear.
So if you look at this map it may confuse you to see that the top state in terms of getting the vaccine doses out is West Virginia. That's one of them anti-gubmint red states! How? Well...
bloomberg.com/graphics/covid…
Well, West Virginia was the only state that didn't sign a contract with the federal government to let CVS and Walgreens administer the vaccination program in nursing homes.
scpr.org/news/2021/01/0…
West Virginia has almost no chain pharmacies. The state instead delivered the supply to independent pharmacists, who had existing relationships with nursing homes in the state. As a result every facility in WV has gone through a first dose.
Read 6 tweets
6 Jan
I'm extremely proud of our Georgia runoff coverage because we went right to the places where this election would be decided: Black organizers, Black voters, inside and outside of Atlanta.
prospect.org/topics/eyes-on…
Here's the great @elihday writing about Kelly Loeffler's old, tired fearmongering of Sen.-elect Warnock, which goes all the way back to Reconstruction. This demonization failed.
prospect.org/politics/kelly…
Then Eli went on the Black Voters Matter tour, which stressed year-round organizing to build power. This was a decade in the making and it paid off.
prospect.org/politics/black…
Read 6 tweets

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