Executive Agencies Independent of the Executive

Here’s a proposal: If you want agencies that set policy and priority to be independent of the Executive, don’t make them part of the executive branch!

The issue with such agencies is really that their missions are split: they are as much legislative as they are executive.  Congress, in its wisdom (or recklessness) has delegated some large measure of its legislative authority, the authority to create the rules by which we live, to such agencies; but they have also tasked those same agencies with enforcing the rules that they, themselves, concoct.

Does that not violate the spirit, if not the actual text, of the Constitutional separation of powers?

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Reasonable and Unreasonable “Disclosure”

It is no more reasonable to demand that Pete Buttigieg disclose who he did work for at McKinsey and what that work entailed than it would be to demand that a doctor or a therapist running for office disclose his or her list of patients and all their medical and psychological histories, or to demand that a lawyer running for office disclose his or her list of clients and the details of all their legal troubles.

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Making the Case for Impeachment

The leaders of the Democratic Party have spent the last three years creating an appearance of partisanship and an atmosphere of skepticism: by first raising the specter of impeachment (or an invocation of the 25th amendment) to remove Trump from the Presidency immediately after his election, even before he took office and, therefore by definition, literally before it was possible , never mind reasonable or necessary, to impeach him; by encouraging various candidates in the mid-term Congressional elections to campaign on that promise (“If elected, I will vote to impeach Trump”), thus making impeachment appear to be a convenient electoral strategy rather than a serious and ethical act of accountability; and by allowing their rhetoric about his alleged crimes to get so far out ahead of any actual investigations that the rhetoric was very rarely tied in any concrete way to demonstrable facts and seemed to be driving the investigations rather than resulting from them. The message they have communicated is simple: they always planned to impeach him; they were simply looking for a good excuse.

To be clear: Trump is both an appalling human being and an awful President. He deserves to be defeated at the polls in the next election, now less than a year away.  From the latest evidence, he has also abused both the powers and the oath of his office and deserves, in this moment, to be impeached. And the Congressional Republicans have forsworn any claims either to integrity or to principle by making it clear they intend to judge him solely as partisans and enablers, not as defenders of the Constitutional order and of the national interest.

But everything that preceded this moment has primed those who are not self-declared members of the “resistance” to presume that attempts to impeach Trump are not, and have never been, about “accountability” but, rather, are, and have always been, about power — about overturning the result of an election that the Democrats really, really didn’t like. And there is a legitimate question about which is worse: Trump’s tawdry abuse of the authority of the Presidency, by using the levers of foreign policy to help in his next election; or the Democrats’ tawdry abuse of the authority the Congress, by politicizing and cheapening the power of oversight, investigation, and impeachment in order to undo the results of the previous election. If either of those becomes a common part of our political culture then we are, indeed, in trouble.  No matter which way this goes, some set of bad guys gets rewarded for their bad behavior and some damaging precedent gets established for the future conduct of politics and governance.

The question is, what could Democratic leaders do now to overcome that sorry history and to convince the justifiably skeptical that, this time, they are actually and truly acting on honest principle instead of from base partisanship?

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Laws against “Domestic Terrorism Hate Crimes”

New York Governor Andrew Cuomo just penned an OpEd for CNN in which he touted a proposal that New York state “pass a national precedent: a Hate Crimes Domestic Terrorism Act.” He went on to explain:

For anyone who launches a mass attack and kills on the basis of race, nationality, ethnicity, religion, disability, sexual orientation or gender identity, the penalty should be the same as it is for other terrorist crimes: up to life without parole.

One might reasonably ask: what, currently, is the penalty in New York for someone who “launches a mass attack and kills” — on any basis at all, regardless of whether or not or they were motivated by some hatred from Governor Cuomo’s laundry list of special categories? If the answer is not, already, “up to life without parole“, then the problem would seem to be not a lack of laws against “Domestic Terrorism” or “Hate Crimes” but a casual and wholly inadequate attitude toward dealing generally with those who would destroy innocent human lives.

If, on the other hand, the punishment for attacking and killing people is already — as I would fully expect — “up to life without parole“, then what, exactly, does a new “Hate Crimes Domestic Terrorism Act” add, beyond empty rhetoric and craven virtue signaling?

The point is not that “hate crimes” and “terrorism” are not worth condemning: they undoubtedly are. The point is that it is the crimes, themselves, that deserve our revulsion and our censure, not the motivations behind them.

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Why Do Mass Murderers Murder?

What most mass murderers — and, for that matter, ordinary murderers — share is a form of solipsism, a mental landscape in which other people have no innate value but exist, rather, merely as props to facilitate the action in the murderer’s own self-scripted and self-focused drama.

That would appear to be the result of a moral disease, not a psychological one.

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Trump is Reprehensible: Does That Create a Moral Duty to Vote for His Opponent?

To use an analogy that is, admittedly, intentionally, and consciously way over-the-top in order to make the point utterly unmissable:

Yes, Trump is Hitler. But, if the choice you offer me is to get rid of Hitler by embracing Stalin, can I be blamed for, instead, wishing that a pox descend upon your house as well as his?

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Health Care Payment Reform

From 25 years ago: My Proposal for Health Care Payment reform.

Still, I think, more rational than anything else I’ve heard. Agree with me or convince me I’m wrong — either is a good outcome if it means we end up with something that actually works without destroying either health care or our culture of liberty or both.

The original cover letter to the Concord Coalition and to various Senators and Congressmen

The original cover letter to then-Governor Howard Dean, of Vermont

The proposal

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A radical suggestion for the presidential debate…

Please keep in mind that the purpose of the debate is not supposed to be to make the moderators look clever, or to promote anyone’s candidacy, or to stir up the “horserace” aspect of the campaign that so obsesses political junkies.  It’s supposed to be about informing the voters as to what their choices are.

You don’t facilitate that by getting the leading candidates to regurgitate whatever has already been reported about them ad nauseum or to pick petty fights with each other over subtleties and minutiae; you do facilitate that by actually giving the other candidates a voice.

I have a suggestion: Perhaps your moderators for the upcoming debate could actually direct more of their questions toward the lesser-known candidates!

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