In response to last week’s look at GOP candidate Donald
Trump and Maine Gov. Paul LePage and their attitude toward legislative bodies,
some readers argued that President Obama should have been included.
It was less a matter of saying Trump and LePage really did
not seek to undermine Congress and the Legislature as much as saying, “the
other guy is just as bad as our guy.”
Obama has been under steady attack for taking on authority that
his critics maintain should really be left with Congress.
The President has responded by pointing out he has issued
fewer vetoes and executive orders than any president in decades. He has been countered by critics who point
out his extensive use of executive memorandums, whose tally has traditionally not
been kept.
And like GOP President George W. Bush, though on a smaller
scale, he has issued signing statements when approving new laws, indicating
that he would not enforce parts of them he considered unconstitutional.
Whether Obama has disrespected congressional powers is not
likely to yield a satisfactory statistical result. Either side can claim the data supports its
position.
The issue is not statistics; it is substance.
When a president is faced by a Congress controlled by the opposition,
he has often flexed his political muscle to the dismay of the other party.
Unlike some of his predecessors, Obama has been quite open
about choosing to act because of congressional attempts to block his
proposals. “If Congress refuses to act,
I’ve said that I’ll continue to do everything in my power to act without them,”
he announced.
Instead of putting pressure on Congress, that statement
amounted to a declaration of war. Republicans
could not accept his proposals without looking as if they were weak, so they
left the field to him.
The alternative would have been for him to act assertively way
without his defiant public statement.
Then, perhaps, the GOP leadership might have chosen to deal with him at least
on some issues to forestall unilateral action his part.
Obama did leave the door open for months to an immigration
reform deal, favored by many leading congressional Republicans. But, with Obama having embarked on his
go-it-alone policy, GOP leadership having become overly cautious about taking
any action, and the approaching presidential election, the chances for
cooperation died.
Instead, Obama pushed his executive power to the limit,
perhaps even over it, in issuing an executive order that promised to prevent
deportation of millions of immigrants.
Little attention was paid to his record of deporting far more than any
predecessor.
His move to tell government prosecutors to avoid pushing many
possible deportations infuriated Republicans, adding to their arguments against
his supposed usurpation of lawmaking power.
In the end, the dispute over whether Obama stepped over the
line of executive authority and assumed powers belonging to Congress may never
be settled. Courts have rejected the
president’s use of recess appointments and may look at the immigration order,
which has already been suspended. But it’s
highly unlikely that a court will broadly define the limits of presidential
power.
Obama and the GOP-controlled Congress have become engaged in
a high stakes tug of war. In fact, that’s
been characteristic of the relationship between the executive and legislative
branches of the federal government from the beginning.
That struggle is quite different from the kind of confrontation
between LePage and the Legislature. The
governor’s plan to veto all bills is less a struggle for power than a sign of
petulance. LePage has made it clear that
he does not respect the Legislature or legislators.
LePage wants them to accept his reelection as a mandate to
adopt his proposals. He has offered
non-negotiable proposals, and there’s virtually no room for compromise.
With Trump, it’s simply
a question of whether his obvious lack of respect for anybody who disagrees
with him will be carried over into his relationship with Congress.
Obama and Congress are engaged in a new chapter of the
classic contest to define the power of federal government institutions. Obama did initially seek cooperation, but as
soon as the House of Representatives came under GOP control, it was the House
that offered only take-it-or-leave-it options.
He reacted.
Obama and Congress have serious conflicts, but they differ
from a mere assertion of the right to blank-check political power, sought by
LePage and likely also by Trump.
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