When
I was growing up, my parents were always keen to tell me to slow down – “don’t
eat so fast,” “you’re mowing the grass too quickly” and, my favorite, “you are
trying to clean your room too fast, slow down and do it right.” I was taught that if one wanted to do
something right, one could not hurry through.
When the Founding Fathers wrote the U.S. Constitution, they purposefully
created a system that would require an inordinate amount of time to get through
bills or conclude other measures. The fear
was that if it were easier to enact legislation or amendments to the
Constitution, emotionalism and reactionary impulses would determine the
direction of the country. The time spent
would also allow the government to consider all options to avoid going blindly
towards a “solution.” President Obama is
not adhering to the wisdom of those who constructed our government.
In
1975, while prime minister of India, Indira Gandhi sought to jail her opponents. At the time, she said, in her defense, that
while an opposition was a necessity in a democratic system, democracy dictates that the opposition should allow
the government to follow its programs since they were the ones elected. President Obama, over the course of his time
in office, has taken a similar point of view.
Over and again, he has attempted to rush through or otherwise avoid
discussion over key points of legislation while chanting his personal mantra,
“Pass it now.” In the construction of
his Affordable Care Act, the bill was constructed without much transparency and
the bill was ultimately passed without a full investigation and discussion on
its various components. Constantly, the
president bemoaned a process that insists on deliberation and
discourse. The Senate Democrats ran
roughshod over Republican concerns which, by the way, represented the concern
of a large portion of the population, and passed it with little consensus and
even smaller comprehension.
A
couple of years ago, the president demanded that his job works program be
instituted immediately. His State of the
Union Address was littered with repeated calls for passage. I do not believe that the former
constitutional lawyer is unaware of the function and design of Congress; I’m
just not sure he is interested in the detail investigation of his
policies. It is his hope that that
repeated incantations of the misery of the unemployed will force his opponents
to simply rubber stamp his vision in a wave of emotionalism. In more recent days, he is doing the same
with the various programs introduced by Vice President Joe Biden to curb gun violence. It is
does not matter whether the programs and policies will work because that is not
the point. Rather, the show of action is
meant to be enough to mollify those demanding substantive change. A few weeks ago, his attempt last year to push through
appointees to the National Labor Relation Board without Senate confirmation was
slapped down by a federal court as unconstitutional and has highlighted a disregard
for the law he once was entrusted with teaching and has wasted a year’s worth
of efforts by the NLRB.
Many
of the president’s defenders will say that the obdurate nature of the
Republicans is preventing anything from being done and the president is forced
to try and end run around the Congress, where his opponents also include
Democrats. At the same time, the
president is quick to point out that the Republicans should be working with
Democrats though it is difficult to do that when, at the same time, he tries to
circumvent them. I’m sure neither President
Obama nor his supporters are interested in my assessment of his legacy but much
of it will be based on his tendency to attempt to strong-arm legislation
through. It is not a tactic worthy of
man so knowledgeable of the Constitution nor is it in keeping with the finer
traditions of democracy.
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