A 2020 Policy Platform Proposal

It’s election season so it’s time to start talking electoral politics again. The Trump administration has been particularly successful in ignoring policy discussions in favor of political point scoring. This isn’t too surprising given Trump’s lack of consistent ideology, apart from perhaps opposition to free trade and immigration. Impeachment has also helped focus attention on Trump’s political situation rather than his policies or lack thereof. Don’t get me wrong, I think there is a strong non-policy case against Trump, and I think in particular Congressman Justin Amash has done an excellent job in articulating why Trump’s behavior is concerning.

However, I think there is also a policy-based critique of Trump. In order to properly make that case and compare Trump’s policies to Biden’s or other candidates, we must establish a foundation declaring which problems are most important, and what policies could be used to implement them. Criteria for these policy ideals include some utilitarian calculus, i.e., how to improve the lives of the most people in the largest way. Thus, the first of these policies is actually a meta-policy, a way to improve congressional power to pass laws and run the state. Changing the way we make policy can affect all of our future policy making.

Countering this interest in utilitarian idealism is a preference for some political feasibility; in other words, while I might prefer to emphasize revolutionary changes that significantly improve the country (changing all of our voting systems to approval voting or quadratic voting or switching taxation to be based on land value), I’ve left them off this list because they are not just unpopular, but in fact virtually never discussed. If you find a particular policy interesting, please follow the links in that section for additional policy discussion and details.

Finally, there is uncertainty here, and I’ll mention other policies that didn’t make this list at the end. Trying to filter major talking points out of a broader range of political ideas is difficult. Policies and political philosophies are interconnected, and where I’m drawing boundaries must be arbitrary. Nonetheless, these ideas should form a good basis for uniformly judging candidate policies.

Congressional Power

Any policy platform has to address the fact that our current system for governance, for crafting and enacting policy, is deeply flawed. We have uncompetitive and broken elections, we have bad ways of choosing candidates, and we have too much power in the executive branch. Executive authority compounds our problems by making each election a stark singular choice between polarized sides instead of a well rounded government built on a legislature with many interests represented. I can’t fix all of these in this policy platform, so improving the balance between the president and Congress seems like a good place to start.

The entire budget for the legislative branch, including congressional staff, offices, and congressional agencies like the GAO and CBO, is about $5 billion. Congress is then responsible for oversight and legislative action for the entire $5 trillion federal government. The CBO has a mere 250 person staff, and it can’t even research and score all Congressional bills. This is absolute insanity.

Congress needs to be able to wield its muscle. It should not be relying on executive branch bureaucracies as unbiased experts evaluating their own performance. It should have a better staffed research arm which can oversee all aspects of the massive American bureaucracy. Congressmen also need to have more and more policy-focused positions on their own staff, along with fewer committee assignments. National Affairs has an excellent in depth discussion of the thinking behind this brief overview. Legislators are currently underpaid amateurs who spend half their time outside of Washington focused on other things besides governance. This does not allow for knowledgeable congressional oversight of the federal government.

Cato also has some excellent ideas for strengthening Congress such as having a standing committee to review executive overreaches from statutory law, and forcing votes on major rules as implemented by regulators or bureaucrats. Other ideas include expanding the congressional calendar, making a new Congressional Regulatory Service to oversee the regulations made by independent and executive agencies, and requiring all civil asset forfeitures to be deposited into the Treasury to be spent by Congress, not the executive.

Unfortunately, even despite a recent impeachment trial this is simply not a major political issue in this year’s campaign, and no candidate is running with strengthening Congress as a priority. In fact, there are essentially no meta-policy ideas being floated. Yet ideas are not hard to come by!

Liberalizing Immigration

The U.S. immigration system is terrible (see section 8 here). It is esoteric, slow, and requires a complete overhaul. It should have a focus on a merit-based system rather than nation-of-origin and family ties as it does now. It should be simpler for high-skilled workers to be hired by American companies and it should definitely be easier for young workers, educated at excellent American colleges, to be hired by American companies and remain in the United States where they can pay tax dollars for decades.

Why is this so high up on the list?

This is a matter of national security. China is a growing power, but crucially, it cannot expand its influence or economy through immigration. The Chinese state has largely decided that ethnicity matters, and China is not seeking to create a multicultural amalgamation to improve the world, but rather a nationalist state. The U.S. isn’t restricted in this way; anyone can be an American. Immigrants are also more likely to start businesses and take risks. That means the most creative and ambitious people in the world can come to the United States and contribute to our culture, knowledge, technology, and wealth. Moreover, these remarkable people already want to come here. Increased dynamism and economic growth also makes the rest of our geopolitical challenges easier; it means the national debt is less of a burden, and national defense spending can be higher in absolute terms while costing less of a percentage of GDP.

This is also perhaps the best and simplest way to improve the world quickly. It’s extremely difficult to improve nations with poor institutions, yet people who struggle in developing nations can be immediately more productive if they are transplanted to the U.S. And of course many are quite willing to do so, uprooting their entire lives for a chance at the American Dream. We can pursue limitations on their access to public money, or a simple tax upon immigrating, but nonetheless we should be voting to improve the world in the most altruistic and nationalistic way possible: expanding legal immigration in order to make more Americans!

Federal Incentives to Build More Housing in U.S. Cities

This is a specific policy taken from the Niskanen Center’s Will Wilkinson. Cited on this blog before, he suggests giving federal money to urban areas that add large amounts of new housing stock. Why? Because American cities are absurdly expensive to live in, yet new housing is extremely difficult to develop due to overregulation and zoning laws.

The impact of our poor housing policy is enormous. Economists suggest housing constraints have lowered U.S. GDP by as much as a third over the last 50 years. Think about that. We could be missing a third of GDP because millions of people who wanted to move somewhere for a better job couldn’t find a place to live. It’s clear that the most productive areas in the U.S., especially cities like New York and San Francisco, are prohibitively expensive, keeping out potential new productive workers.

Wilkinson’s suggestion isn’t the only possible policy solution; another is to change zoning to be hyper local, composed by residents of a single street or city block. This would allow experimentation and innovation, instead of immovable local land interests which keep out future non-residents who can’t vote in today’s elections.

While the viable solutions are still up for the debate, the impact is clear: the lack of housing development in U.S. cities due to overregulation may be the single greatest barrier to economic growth, thus earning its inclusion on this short list of policies.

Decriminalization of All Drugs

Ever since Pete Buttigieg announced his support for this policy, I’ve had it circled for inclusion on this list. The War on Drugs has been a colossal failure, has not reduced drug use, and has radically increased prison populations. There have been extraordinary costs to the taxpayer in both civil liberties and assets. Massive application of state force has helped to give a monopoly in funding to the most bloodthirsty and gruesome organized criminal elements in the world, including terrorists. There have even been spillover effects as governments crack down on prescription pain killers, leaving patients in agony.

This policy is wrong morally, practically, and economically. It is not the place of the state to determine what substances informed adults can consume or inject. It is also abundantly clear the state has zero capability to halt the trade or consumption of drugs. Rather, enforcement of drug laws have bolstered a black market where information is asymmetric and scarce, endangering all involved. The only thing the state has succeeded in doing is making organized crime more financially viable. The resulting conflict in Mexico has killed over 150,000 people, making it one of the largest conflicts of the 21st century behind only the Iraq War, Syrian Civil War, and Darfur. It is this monstrous loss of human life as a result of changeable government policy that places this item so high on this list.

And of course it goes without saying that this massive assistance to organized crime is occurring at great financial cost. Estimates for enforcement, prosecution, incarceration, and military interventions are as high as $50 billion a year. State prohibition of private mutually consensual transactions also requires erosion of our rights in ways that frustrate measures of concrete financial cost. The ACLU notes extensive surveillance has been justified under the guise of drug enforcement while increasingly militarized police forces have abused their power to break into homes unannounced or preemptively shoot victims all in the name of stopping transactions among consenting adults. It’s time to end this failed policy.

Catastrophic Risk

It’s clear today that the federal government does not respond well to large disasters. Perhaps too much relies upon the whims of the executive who happens to be in power, but it seems likely that we could institutionalize better responses to catastrophic events. Yes, this includes pandemics, but also major earthquakes, solar flares, artificial intelligence, and even plans for averting nuclear war (for a more detailed analysis, read Toby Ord’s recent book, The Precipice).

This is a highly neglected problem and thus one of the highest impact policies we could undertake (climate change could go here, but it has not been quite as neglected a topic as other risks, so I’ve detailed it later). At the beginning of 2020, I would not have included this in the list of top policies, not because it was low impact, but simply due to the fact that it was not discussed as a major political issue. The failings of the federal government to respond to a deadly virus have pushed catastrophic risks into the mainstream. While the likelihood of any given catastrophe is low, it is the enormous impact of the tail-risk that should concern us; preparing now will mean the difference between devastation and mere hardship.

We should look to create public commissions to investigate our preparedness for various catastrophic events, identify what can be done now for relatively small budgets with larger payoffs when a disaster comes, and then pass legislation that enshrines this knowledge institutionally in ways that do not rely on the whims and competence of whomever happens to be president. It is vital that any commissions include our preparedness for other challenges besides pandemics; preparedness for unexpected events is not selected through democratic pressures, and perhaps this has resulted in our current difficult situation with COVID-19. It would be wise to use this opportunity to prepare not just for the next viral outbreak, but for other unlikely events as well.

Other Topics

There are arguments for inclusion of a lot more policies. I’ll run through several more quickly.

It matters a lot who the president appoints to the Federal Reserve, and that they are extensively qualified and independent. I’ve left it off of this list mostly because we’ve lucked out and it seems Trump’s appointments haven’t been that different from normal. When odd choices were floated, they were largely quashed. Independence is obviously still at risk with the president tweeting criticism of his own appointees, so this issue shouldn’t be overlooked, but given that I treat it like a pass/fail grade, we can reasonably hope this will be a “pass” for all candidates in 2020. I wish I could say that more definitively, but I can’t.

Healthcare is a huge part of the federal budget and has an outsized impact on the economy. We also don’t have great solutions, but this is another issue that could easily have made the list. The most important aspects are stopping reliance on employers providing health insurance (which makes it much harder for workers to take risks and switch jobs), and expanding coverage for the least well-off. How we do that is difficult to answer in such a small space, but I’m wary of radical changes that seek to quickly re-imagine the U.S. healthcare industry from the top down.

Climate change is a potentially expensive disaster waiting to happen. If the past months have taught us anything, waiting for disasters to happen is not the correct strategy. Instituting a small carbon tax seems like a good place to start. It can be refunded to taxpayers equally, or even made to incentivize carbon sequestration programs with refundable tax credits for carbon taken from the atmosphere.

Free trade has had a massive impact on reducing poverty worldwide, while also improving the economies of all countries around the world. There’s also some evidence for reduced chances of wars between important trading partners. Aligning American and Chinese commercial interests through trade will be a vital part of avoiding a war between these world powers. Free trade is also a vital vehicle for continuing the pattern of global poverty reduction seen in the last 30 years.

U.S. interventions in the Middle East have been one of the largest contributors to excess deaths from U.S. policy. Obviously there is high uncertainty over whether many conflicts would have continued even without American intervention, but that seems unlikely in at least a couple large instances (the Iraq War being the biggest one). U.S. support of regimes like Saudi Arabia also seems to show negative payoffs from a humanitarian calculus. It also does not seem that larger 21st century goals like opposing authoritarianism in China and avoiding large scale wars are served through Middle Eastern interventions.

Candidates’ Priorities Matter Too

While this is a nice policy platform, ultimately the goal is to judge candidates by their relationship with these policies.

A major problem for this approach of separating out policies isn’t that most people running for office oppose these positions, but that they might be indifferent or even positive on these high impact policies while still focusing on other completely radical ideas. Elizabeth Warren’s many proposals come to mind here. There are some meritorious critiques in Warren’s proposals; competition is vital to a well functioning market, and some of her ideas could enhance competition. But many are far more radical with, at best, unknown effects on competition and the economy generally. These include the eradication of private equity, the changing of corporate boards, and an unprecedentedly large wealth tax which could significantly curtail investment. If Warren scored highly on the top policies put forward here (she does alright on immigration, housing, and drug policy), how do we balance that with the relatively radical (and I’d argue unhelpful) economic proposals she made the centerpiece of her campaign?

Unfortunately, we have to take those points seriously and note that while I have tried to rank these policies in a somewhat utilitarian, impact- centered way (policies within the Overton Window that help the most people by the greatest amount), radical policies that backfire could have very high impacts that shove aside the ideas proposed here.

And that goes for both parties. If Trump did well on these policies (unlikely, yes), but then also centered his campaign on radical ideas like defaulting on the national debt, shutting off the internet, or throwing away nuclear arms control treaties, then not implementing those policies might become the highest impact.

There is a lot of uncertainty that remains; some of these policies could be higher on the list, and I’ve likely excluded some that are high impact that have not yet occurred to me. Major policies could matter in the future that we just haven’t encountered. And of course these are only policy preferences; as noted in my last post, simple competency is an important factor as well. Despite all of these caveats, this an important step in laying a foundation of policy discussion and analysis against which we can measure candidates. Electoral politics is messy and tribal; discussions confound concise and consistent frameworks, but when they do swerve towards policy, these points should help form the questions that need to be asked.

The Obama Presidency Was Bad

We’re already caught up in how terrible the Trump presidency is, but over the next four years, it will be important to remember just how bad the Obama presidency was. When overcome with frustration at the current administration, I would urge readers to come back to this post and remember that the last president was also quite terrible. In his farewell speech, Obama tried to make the argument for his presidency’s accomplishments, but many of them were simply court cases that were decided while he was president, or decisions that were nice but had little real policy impact.

There have been plenty of reflections on the Obama presidency, but I think a high level overview of everything Obama did would put in perspective just how awful he’s been, especially as we experience the incompetency and horrible policy decisions of the current administration. I’ve done this by letter grades A through F.

The A’s

Iran Nuclear Deal

So…there was only one thing I could give an A to. Even this A is very hesitant. We did give up a lot for this deal–the Iranian government is pretty awful and by unfreezing their assets, they got access to very large amounts of money. However, I don’t think there was much else to do. Unless Republicans actually wanted to declare war on Iran, this seems like the only way to stop them from developing a nuclear weapon.  Iran’s nuclear program will be prohibited from refining any uranium for 15 years, and this was accomplished without any military intervention whatsoever. That’s pretty excellent. Moreover, the average citizens of Iran matter as well and it is somewhat unfair to punish them with high inflation and economic hardship because their authoritarian government is irresponsible.  Cato expands more here.

The B’s

Trade

One of the most important accomplishments is that Obama’s administration worked to pass several free trade agreements with Korea, Colombia, and Panama. He also tried to complete the Trans-Pacific Partnership and the Transatlantic Free Trade Area, although he could have really pushed harder on these initiatives. Obama didn’t do a great job making the case for free trade and his signature deal was ultimately a failure; honestly, a B is generous here, and is more of a function of the importance of free trade more so than Obama’s actual impact. Also worth noting is that his rhetoric while campaigning was pretty vigorously anti-trade, so he should be commended for changing his mind on this.

Gay Rights

Obama ended Don’t Ask, Don’t Tell, but was still on the record as anti-gay marriage as late as 2012. Sure, public opinion on gay marriage shifted rapidly, but Obama basically waited until it was 50-50 to switch to the right side on this; the Libertarian Party has been on board with gay marriage since the 70s. He should also be applauded for essentially not getting in the way of the court case. I know that’s a low bar, but he could have fought it and tried to keep the DOMA. The other issue is that while this is excellent, the impact of gay marriage legalization is somewhat limited to people who can take advantage of it.

Cuba

The Cuban embargo was imposed over 50 years ago in a bid to quickly end Castro’s dictatorship on the island. It failed. 25 years after the Soviet Union had disintegrated, a president finally spent some political capital to remove an outdated institution. Trade embargoes harm populations, and trade embargoes on a country that has been crushed by horrific socialist economic policies are even more harmful. The president cannot remove the embargo, but everything he can do without Congress, Obama has done on this issue. Trade can bring countries together, and Obama took steps to build those bridges. If he had actually gotten the embargo lifted, this would be an A.

The C’s

Marijuana Legalization

And that’s it for the entirely positive! Marijuana’s big progress had basically nothing to do with Obama, and Obama actually started out fighting it, performing more federal raids on state legal marijuana dispensaries in his first term than Bush. Eventually the administration did make the decision not to continue attempts to enforce marijuana laws with federal police forces. While kind of obvious and not very impressive, this may turn out to be something we remember fondly during the long night of the Jeff Sessions era.

Healthcare

As an incredibly brief overview, the ACA is flawed because it does nothing to address the fundamental problem with the healthcare system: a lack of market forces.  The laws of supply and demand create incentives for lower cost and higher quality care. Plastic surgery and lasik are not covered by insurance and thus must compete on price and quality and over time these areas have seen remarkable improvement with prices remaining the same or even dropping.

Our insurance system insulates both consumers and providers of healthcare from the market prices; consumers don’t pay for care, they don’t pay different prices at different places, and they often don’t even buy the insurance that does pay for care. Instead their employers pay for the thing that pays for their healthcare. And sometimes, if you go to a hospital, the insurance doesn’t really pay for care either, it pays the hospital in obfuscated and arcane ways, which in turn provides the doctors and actual equipment needed to provide care. It’s a complete mess.

The ACA did do some nice things like allow people with pre-existing conditions and people who didn’t get their healthcare through their employees and poor people to get health insurance. This is great, and any healthcare reform should strive to do that. However, by not addressing the price issue, they doomed these reforms. Things have sputtered along, but healthcare costs have kept rising, and now insurers are stuck with a disproportionate amount of sick people, needing to raise prices, which only drives away more healthy people. The death spiral was a predictable consequence (and indeed I did predict this in 2010 in a blog attached to my real name and thus will not be linking to here). Obamacare was not a poorly intended bill, but it was an incredible missed opportunity to actually fix the healthcare system. The only reason I didn’t give it a lower grade was because the system was so bad already, it’s hard to argue it was made that much worse.

Global Warming

Obama took steps to reduce climate change. Even if you’re not concerned about the most dire predictions of global warming, that’s probably a net benefit. He also was able to get China to sign onto the Paris Agreement. While not having legal punishments for countries who break their promises, it’s a solid negotiating achievement. However, Obama also implemented, largely by executive order, regulations on coal plants in the US that will have very little impact on carbon emissions. It’s also not at all market oriented, and therefore not particularly economically efficient. Additionally, in his first year in office, Obama had a chance to try and pass a more economically efficient carbon credit trading bill. Assuming climate change is as dire a threat as many say it is (I’m admittedly less worried), it seems to be a poor decision to spend political capital on other bills that did pass, especially something that was as flawed as Obamacare.

The Economy

The employment rate is lower than it has been in a long time, but the problem is this graph. Labor force participation has plummeted from 65% in the depths of the recession to around 62% now. The last time it was this low was before 1980. Since the current labor is around 160 million people, and we are at 62% participation, that means the cohort of the working age population is about 258 million. In 2009, unemployment was around 9%. With a labor force of 155 million people, that’s almost 14 million unemployed. Today with an unemployment rate of 4.7%, that’s only 7.5 million unemployed. However, looking at the people not in the labor force in 2009 there were 83.5 million not working but not unemployed. In 2017, there are 98 million not working but not unemployed. so unemployment dropped by almost 7 million, yet more than twice that many more people were staying out of the labor force entirely. The economy isn’t in free fall, but it’s not knocking it out of the park either, and this is 8 years after the recession. This isn’t entirely Obama’s fault, as the Federal Reserve is much more responsible for economic success overall, but the things Obama did have control over were abject failures: fiscal restraint, entitlement reform, and deregulation.

Immigration

Obama’s legacy on immigration liberalization is mixed. Unfortunately, as this is one of the more important issues in improving the world, a mixed record is disappointing. Obama deported more people than George Bush and he failed to pass any sort of comprehensive reform bill. Obviously, he couldn’t pass bills on everything, but this would have been a pretty important area to do so. Obama did however create an executive order delaying deportations for millions of illegal immigrants. This was a bit odd constitutionally, but with so many illegal immigrants in the United States, it would be impossible to deport them all anyway. Obama’s order simply prioritizes some over others, protecting children and parents of American citizens. This was certainly a good policy, but unfortunately Obama’s legacy in this area should have been so much better.

The D’s

Endless Wars

Obama is the first president to be at war for every day of his presidency. From Iraq to Afghanistan to Libya and Syria, to undeclared wars and bombings in Yemen and Pakistan, we have entered a new era of endless war. Libya is specifically horrifying: Obama chose to involve the American military in Libya unilaterally. He explicitly did not get authorization from Congress, and in fact Congress explicitly voted against a resolution to authorize his military involvement after the fact. That is a terrifying precedent to give Donald Trump.

The only reason this category is not an F is because of Obama’s continued reluctance to expand the US involvement in Syria.  Of course, he did this in the worst possible way, by drawing a line in the sand and then backing down from it but it’s undeniable that a larger American role in Syria would have involved the US in one of the largest, bloodiest civil wars of the last decade. Of course, we have not even touched the fact that American troops are in Iraq 14 years after the invasion, and many US contractors remain in Afghanistan 16 years after that invasion. Obama has still institutionalized war in way never before seen.

The F’s

Surveillance

I mean wow. How did we get here? If you want all the citatations, this Mashable article is a good start. The United States government engages in broad sweeps of Americans’ phone records through unconstitutional general warrants issued via a secret court that had no defense team, no oversight, and has only rejected a handful of warrants in its entire history. The NSA also had a program for collecting data on foreigners and Americans from major technology companies, as well as a massive database storing all of that information for later search. Every available method of siphoning data is apparently being used.  The NSA also invested heavily in ways to break internet encryption standards. They even paid $10 million to RSA to get them to set their default encryption algorithm to one that was fundamentally broken in one of their products. Most impressively, it turns out that the big phone record collection the NSA was conducting in total secret, that had no oversight and Senators couldn’t even talk about, it’s illegal according to a federal appellate court.

It was such a disaster that Congress eventually tried to pass a reform bill to fix Section 215 of the Patriot Act which is what the courts cited as the justification for these general warrants. Yet in the end, that bill was watered down to the point of uselessness, with Justin Amash, Thomas Massie, and Rand Paul all voting against it due to its lack of real power. In fact, the bill extended the Patriot Act for several years. Obama’s legacy in this area is a total disaster, and he leaves an out of control intelligence agency with no oversight in the hands of a petty authoritarian. The NSA (and all agencies they share information with) knows intimate details about all of our lives, our communication patterns, and our digital existences. As we’ve written before, this is not good.

Transparency

Reason does a good job tearing the Obama administration apart over the “most transparent administration in history” line. Again, this area is such a disaster there are too many things to cover. We can start by discussing how just a month or two prior to the Edward Snowden revealing everything we talked about in the last section, DNI Clapper blatantly lied to a Senate committee about the government’s spying capability. Obama himself has hardly given any interviews to the press. His administration has had more than double the Espionage Act charges against whistleblowers than all previous administrations combined. Which is especially concerning since none of these were acts of espionage! These were legitimate problems that were hidden from view from the public, brought to light by people doing the right thing. But the secrecy was pervasive throughout the administration; regular employees were banned from talking with reporters, a record number of FOIA requests were denied and at least 1 in 3 were denied improperly (which was only ever found out if challenged), and, of course, the government had a secret extrajudicial kill list.

Drone Strikes

Conor Friedersdorf writes that in Obama’s first year in office, his administration conducted over 100 drone strikes…in Pakistan. Quick recap: Congress voted for an Authorization of the Use of Military Force against the perpetrators of the 9/11 Attacks, which allowed the government to invade Afghanistan. Congress also voted to go into Iraq. Pakistan is not one of these countries, yet apparently Obama was carrying out an entire proxy war via drone strikes. In 2010, those strikes only intensified, yet it was worse than that; to cloud the truth, the Obama administration counted all military age males in the vicinity of these strikes as combatants, regardless if they were civilians or not. There were eventually reforms to this process, and the number of civilian casualties per strikes started to go down, but this is but the smallest of victories. In waging these undeclared wars in Yemen, Pakistan, and Somalia, the Obama administration concocted an absurd “legal” process to target specific individuals without a trial, including American citizens. We are talking about a logistically planned and funded protocol for murdering American citizens overseen only by the President. This process eventually ended up killing a civilian by accident, a 16 year old American. This is unjustifiable. No one was ever held accountable for these lawless actions, and the president retains power to murder at will, which he has promptly done, murdering the deceased teenager’s sister this past week. Someone get this guy a Nobel Peace Prize.

Executive Power

This section condenses much of what Gene Healy says in his excellent piece “Goodbye, Obama”. The powers the Obama administration seized and expanded are vast. While initially running against “dumb wars” and unauthorized wars, Obama became the first president to be at war for every day of his presidency. He undertook drone strikes in countries where he had authorization to be in, he even undertook an entire military action in Libya when Congress had expressly voted against supporting it. He continued to use the 2001 AUMF six years after the death of Osama bin Laden and against a group (the Islamic State) that essentially didn’t exist on 9/11. And the Trump administration has continued this justification. His drone strikes have killed hundreds of civilians, and even American citizens. He has created a secret kill list with no oversight from courts or Congress. He has ascended to new heights of secrecy and prosecution of whistleblowers, and he has thwarted attempts at transparency at every turn. Without public knowledge, the ultimate oversight of the democratic process is destroyed as well. And none of this is even touching areas outside national security where Obama also took unilateral presidential orders to new and creative areas. These include instituting new immigration law by executive order when it was bogged down in Congress, creating new overtime labor rules, adding new environmental regulations on power plants, national school curriculum requirements, and even unilaterally amending Obamacare. Healy writes “More than any recent president, Obama has embraced and, to some extent, legitimized the anti-constitutional theory that congressional inaction is a legitimate source of presidential power.”

Obama’s legacy is the Imperial Presidency. Simply by occupying the same office as Obama, Donald Trump inherits vast powers, legislative, military, and judicial. Americans’ private information is available, their lives at risk without the need for due process, the very laws of the country can be changed via the presidential pen. Barack Obama has accomplished much during his presidency, but most of his important projects have ended in utter disaster, and the manner of their attempted accomplishment has greatly imperiled the separation of powers and constitutional restraint. While itg is quite possible, even likely, that the Trump presidency will be worse still, we cannot forget the incredible cost and horrific events of the Obama legacy.


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