(Originally posted on the 27th of January)
People warned the Democrats… “what would happen if a Republican does what your guy did?” Well…
Mark Levin gives us an Econ 101 class on tariffs and taxes. This is why the unions love this because it protects their jobs and not other businesses in the States. An interesting part of the call which I stitched to before the other segment is an article in the Wall Street Journal which notes that the reason car manufacturers build in Mexico is due to free-trade agreements:
- Audi says that an array of free trade agreements favors Mexico over U.S. sites. Its not just the price of skilled labor that is attractive to Audi. If you think about a $50,000 car made in the U.S. that is then exported to Europe there is a 10% duty on that car. So that’s $5000 in duties that Audi is paying. When that same car is made in Mexico there is no duty. This means with an already concentrated area of auto manufactures in Mexico, low cost skilled labor and free trade agreements it is a huge win for Audi and it will be easy to do business. No reinventing the wheel or stepping out alone as the only auto manufacture, Audi is simply following suit. (WSJ)
Not only will these Executive Orders (E.O.) worsen us in the long run (unless this administration has something else up their sleeve), it is the same thing we gripped about when Obama was President and Left leaning legal scholar, Jonathan Turley said was not what the office of President was intended for. Agreed.
What is interesting is the juxtaposition the Dems find themselves in regarding the E.O.’s. You see, you had many challenges to Obama’s E.O.’s and he holds the record for the most overturned by the Supreme Court (SCOTUS) in our history as a country. But they were brought to the court mainly by Republican Attorney Generals in a state[s] or a group — or a combination thereof. AND YES, many of these actions Trump is taking with his pen and paper are just as unconstitutional. However, in 2018 we find this:
- The GOP will be defending just eight seats, while Democrats must fight for 23 — plus another two held by independents who caucus with Democrats. (THE HILL)
This means that since the Democrats know their constituents are already upset enough at them to switch parties… why would you rock the boat on some of these executive orders that they know their constituents like. Like the car manufactures/unions. What Democrat in their right mind would bring a case to SCOTUS to overturn something they wish they had did?
Or how bout’ the growing concern in the black community about jobs and the influx of illegal immigrants? You see, they type of people Trump is putting on the Court would vote AGAINST what Trump is doing. They are originalists, and so, the Democrats would certainly win these cases if brought before the conservative Court.
AGAIN… they also have to win in 2018. They are essentially protecting 25-seats… 10 of which are “red-state” seats.
So many of these E.O.’s Trump is writing could easily be overturned if moved forward by the Democrats. Right now however, doing so would be politically dangerous for them. For now at least.
Again, I emphatically agree with HOTAIR… Executive Orders Are Not The Way To Do Policy…Even Good Ones
President Donald Trump’s latest executive order is as good as executive orders come. Trump has banned executive appointees from becoming a lobbyist of the particular branch they served in for five years, plus several other restrictions.
“2. If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions.
“3. In addition to abiding by the limitations of paragraphs 1 and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration.
“4. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended.
“5. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.
This is really good policy, and also delivers on Trump’s “drain the swamp,” rhetoric from the campaign. Ethics reform is something all governments should engage in, because it can increase transparency and keep cronyism from rearing its ugly head. It can possibly save the government money, and reduce the debt.
But there’s still a massive problem. Trump is doing this action through executive order, instead of letting it go through the legislative process. The Constitution is quite clear on which branch originally comes up with rules. From Article I, Section 8, Subsection 14 (emphasis mine):
- The Congress shall have Power…To make Rules for the Government and Regulation of the land and naval Forces;
It’s Congress which develops the rules for government employees, not the president. Trump is acting as CEO of the government (which he’s not), meaning he’s so used to doing things his way, without having to have others sign off on his actions. He’s taking another page out of former President Barack Obama’s playbook, but promising he’ll do it right. ….
(H-T to REGGIE DUNLOP for the above)
What leftist is going to bring the above to the Court? This is how I described it on my Facebook:
Many of the economic one will be too far along to be challenged (like the pipelines for instance). There are 25-Dem seats up in 2018 (10-in red states). Only 7-GOP seats. What Democrats would challenge the E.O. putting tariffs on Mexico (something I hate but unions l-o-v-e). The Dems have already alienated their base… unions.
So I think even though these Democrats could challenge many of these — they are stuck between a rock and a voting booth. And let me also say, the people Trump is putting on the Supreme Court are originalists and would vote these down in a heart beat (bravo for Trump for putting forward such upstanding justices!)… but the cases have to make it there
In other words… if Trump were truly a dictator looking to split the branches of government… he would pick Justices who would support his Executive Orders.