Obama Reality Check - Presidential Powers Edition
This morning, news comes from the AP that Obama plans to “undo” many of President Bush’s actions by using one of Bush’s favorite techniques, the all-powerful executive order:
President-elect Obama plans to use his executive powers to make an immediate impact when he takes office, perhaps reversing Bush administration policies on stem cell research and domestic drilling for oil and natural gas ….
John Podesta, Obama’s transition chief, said Sunday Obama is reviewing President Bush’s executive orders on those issues and others as he works to undo policies enacted during eight years of Republican rule. He said the president can use such orders to move quickly on his own.
“There’s a lot that the president can do using his executive authority without waiting for congressional action, and I think we’ll see the president do that,” Podesta said. “I think that he feels like he has a real mandate for change.”
Again, Obama ran on a promise to bring “fundamental change” to Washington. Yet he’s already shown that he’s not eager to take on the corrupting influence of money in our political system. Now it looks like he’s planning to hold onto the unconstitutional powers President Bush took for the executive branch in the last eight years. In other words, one man’s abuse of power is another man’s “mandate for change.” It remains to be seen how Obama’s supporters will react the first time he issues a signing statement.
Dean Esmay sums it up nicely:
It appears that President Obama will utilize his Unitary Executive powers to the utmost … Not surprising, really. He will, of course, follow in his predecessors’ footsteps by embracing the Unitary Executive theory, because President Hope an Change shows us no hope of changing anything except to get more power for himself and his party.
The AP article goes on to discuss Obama’s campaign pledge to overcome Washington’s partisanship by including some Republicans and independents in his cabinet. But almost immediately, we get a whiff of partisan truth amid all the mellifluous talk of cooperation. Here’s Senate Majority Leader Harry Reid, when discussing the possibility of keeping on current Defense Secretary Robert Gates:
“He’s not even a Republican,” Senate Majority Leader Harry Reid of Nevada said. “Why wouldn’t we want to keep him? He’s never been a registered Republican.”
Harry obviously didn’t get the morning’s talking points about preaching inclusiveness. He just blew Obama’s best chance of appearing bipartisan without actually being bipartisan. At least Reid is being honest, though. At least he’s not trying to mask his wolfish partisanship with the lamb’s wool of hopeful rhetoric.
What exactly has Obama said that suggests he subscribes to the unitary executive theory? What unconstitutional powers are you referring to? Obama is simply going to issue executive orders, as all presidents do, over a variety of things the chief executive has control. He will not be contravening Congress or the Constitution by doing so. And he has done nothing to suggest that he would employ Bush’s unconstitutional signing statements. On the contrary, as a constitutional law professor I would expect Obama of all presidents to protect the integrity of the Constitution and the separation of powers. And as for the Robert Gates thing, Harry Reid does not speak for Barack Obama, while Barack Obama has indicated an interest in keeping Gates, and in having Republicans (him or others) in the cabinet.
As President Bush continues to conduct America’s business under the table - aren’t there a lot more questions to be asked pretaining to what other possible damage has been done to this country? I am not surprised that we the people are being asked to focus on what President-Elect Obama MIGHT do; after all isn’t that the very tactic that’s been used for the past 8 years? Common sense tells me that the Bush era has not served American’s well. And it is common sense that won’t allow me to be brainwashed. Unfortunately, brainwashing is a tried and true method used in the world at large. Stop being so critical of change and let’s at least wait until PE Obama takes the office!