Did you know that The Capital Times and The Nation are mentioned in The Constitution of the United States? Specifically, in the First Amendment?
Neither did I. Sorry for the trick question, but John Nichols thinks they are.
In a piece blasting (who else?) Donald Trump (“The enemy of the people …” blah blah blah), Comrade Nichols makes this remarkable assertion:
… that is why our press was protected by the First Amendment — the only business in America specifically protected by the Constitution …
The only “business”? You mean, haberdashers are left unprotected? Hod carriers bereft of the Constitution? HVAC contractors out in the unconstitutional cold?
Only “The Press,” aka the news media, enjoys that special status? Really, John?
It is typical of the Left to regard the term “the Press” to mean exclusively the institutional news media — the New York Times, CBS, CNN, et cetera. Corporations, all. Because the Left vigorously denies the blessings of free speech to us commoners, the deplorables!
The truth is that the basement conspiracy-monger, high on mimeograph fluid, has as much First Amendment protection as Chuck Todd. The fact is that Koch Industries has every bit of constitutional protection for its free speech as The Capital Times or, for that matter, Stately Blaska Manor. Because nothing in the Constitution singles out one “business” for more constitutional protection than another.
Nichols, the news media corporations, and the Democrat(ic) party itself, are adamant that the First Amendment should be gelded to limit free speech only for the credentialed experts in Press Row. Where is your journalism degree?! Papers!
Justice Scalia says the First Amendment means what it says:
The Amendment is written in terms of “speech,” not speakers. Its text offers no foothold for excluding any category of speaker, from single individuals to partnerships of individuals, to unincorporated associations of individuals, to incorporated associations of individuals … “All the provisions of the Bill of Rights set forth the rights of individual men and women — not, for example, of trees or polar bears. But the individual person’s right to speak includes the right to speak in association with other individual persons.
Surely the dissent does not believe that speech by the Republican Party or the Democratic Party can be censored because it is not the speech of “an individual American.”
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No comments on The First Amendment for you and me
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The number one British single today in 1961:
The number one single today in 1963:
Today in 1964, the Beatles began filming “A Hard Day’s Night,” and George Harrison met Patti Boyd, who became Harrison’s wife.
Boyd later would become the subject of an Eric Clapton song (in fast and slow versions), and then Clapton’s wife, and then Clapton’s ex-wife.
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Since I was doing something productive Tuesday night — announcing a playoff basketball game — I did not see Donald Trump’s speech.
James Freeman did, and noticed something not about Trump:
Tuesday was a rough night for the resistance, and not just because Donald Trump gave the finest speech of his career. The movement also suffered grievous self-inflicted wounds in its continuing campaign to destroy the nation’s 45th president. Democratic donors are no doubt beginning to ask themselves why they signed on for another era of Nancy Pelosi’s leadership of their party in the House.
Mrs. Pelosi led Democratic women in wearing white, recalling the suffragette movement. This could have been a patriotic gesture of unity—similar to the President’s reference to Black History Month in the opening lines of his speech—allowing all Americans to appreciate how far human liberty has advanced in this great nation while recognizing challenges that remain. But instead it was a gimmick, used by Democrats to suggest that Mr. Trump is a threat to our most basic freedoms.
Mrs. Pelosi and her colleagues obviously decided before the event that they would provide television cameras with reaction shots expressing their disapproval or even contempt for the President. He caught them off guard by delivering a big-hearted, moving and gracious address, but they seemed unable to react in real time. The pantsuit caucus and their equally grumpy male Democratic colleagues continued to sit, frown and offer tepid applause or none at all even for lines that would be objectionable to no one outside of ISIS.
Perhaps the most compelling moment in the history of presidential addresses—with the nation seeing a grieving widow as her heroic husband was being honored—also was not sufficient to inspire the anti-Trumpers to alter their communications strategy. Then Democrats fled the chamber immediately at the conclusion of Mr. Trump’s remarks like Jets fans in the third quarter. Even after it was over, Ms. Pelosi still didn’t understand what had just happened and continued to fire off negative remarks across various media.
Tuesday was in many ways a mirror image of the start of the previous presidency. Whereas Mr. Obama gave Republicans not the slightest incentive to try to cooperate, Mr. Trump just made it extremely difficult for Democrats in swing districts to keep pretending he’s Hitler.
One could argue that the Trump resistance is making encouraging progress in refining its message given that members of the movement began his presidency by fashioning headgear named after genitalia. But the campaign to de-legitimize Mr. Trump can’t afford too many nights like Tuesday. And it will be interesting to watch which Democrats running in 2018 think they can afford to stand next to Mrs. Pelosi.
So much is written about our historically unpopular president that it’s easy to overlook how unpopular the Democratic congressional leadership is. The latest WSJ/NBC poll shows that while Mr. Trump has only slightly higher negative ratings—47% compared to Mrs. Pelosi’s 44%—he also has much higher positive ratings. In the survey, 46% of Americans have positive feelings toward Mr. Trump, while only 19% feel that way about the House Democratic leader.
This does not mean last night was an unmitigated triumph for conservatism. The President offered an encouraging promise of “big, big” tax cuts, but with few details. His calls for de-regulation were inspiring, such as when he pointed out the lives at stake when the FDA drags its feet on drug approvals. But after making a powerful case against government regulation of business, he then explained that government must regulate business that crosses our borders. This makes no sense, and as Mark Perry points out with a nearby chart, even if one believes the trade deficit in goods is a problem, one shouldn’t forget the rising trade surplus we are running in services.
Still, after watching Tuesday’s Trump triumph and the reaction of Democrats, Republicans running in 2018 probably have one thing on their minds this morning: Vive la Résistance!
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Today begins the penitential season of Lent in the Christian church. The concept of humans as sinners in need of redemption is as countercultural as it gets in American society.
The Roman Catholic Church (in which I was raised) contains the unusual (for this country) combination of social conservatism (opposition to abortion rights and divorce) and economic liberalism. The latter is a mistake if the church wants to improve the lives of people, according to convert Arthur Brooks:
I fancied myself a social justice warrior and regarded capitalism with a moderately hostile predisposition. I “knew” what everyone knows: Capitalism is great for the rich but terrible for the poor. The natural progression of free enterprise is that the rich and powerful accumulate more and more of the world’s resources while the poor are exploited. That state of affairs might be fine for a follower of Ayn Rand, but it is hardly consistent for a devotee of Our Lady of Guadalupe. Right?
As with most people of my generation, for me the symbol of world poverty was a starving child in Africa. I remember a picture from my childhood—I think it was from National Geographic—of an African boy about my own age. He had a distended belly and flies on his face, and he became for me the human face of true deprivation. As I grew up, I assumed, as do most Americans, that the tragic conditions facing the starving African boy had gotten worse. Today, more than two-thirds of Americans think global poverty has worsened over the past three decades.
This assumption and the attendant beliefs about capitalism hit a snag when I studied economics for the first time. In reality, I learned, humanity has starvation-level poverty on the run. Since 1970, the fraction of the global population that survives on one dollar or less a day (adjusted for inflation) has shrunk by 80 percent. Since 1990, the number of children who die before their fifth birthday has collapsed by more than 50 percent. Life expectancy and literacy rates have steadily climbed.
When faced with suffering, we often ask a conventional question: “Why are some people poor?” But grinding material poverty was the norm for the vast majority of people through the vast majority of human history. Our ancestors had no concept that mass poverty was an acute social problem that cried out for remedies. Deprivation was simply the background condition for everyone.
In just the last few hundred years, that all changed for a few billion people. So the right question today is: “Why did whole parts of the world cease to be poor for the first time in history?” And further: “What can we do to share this ahistorical prosperity with more people?” Economics taught me that two billion of my brothers and sisters had escaped poverty in my own lifetime. This was a modern-day miracle. I had to find its source.
My search for the “why” of this miracle required almost no detective work. Virtually all development economists, across the mainstream political spectrum, agreed on the core explanation. It was not the success of international organizations like the United Nations (as important as they are) nor benevolent foreign aid that pulled billions back from the brink of starvation. Rather, the responsibility lay with five interrelated forces that were in the midst of reshaping the worldwide economy: globalization, free trade, property rights, the rule of law and the culture of entrepreneurship. In short, it was the American free enterprise system, spreading around the world, that had effected this anti-poverty miracle.
Again, this is a mainstream scholarly finding, not some political cliché. Informed people from left to right agree on these basic points. As no less an avowed progressive than President Barack Obama put it in a 2015 public conversation we had together at Georgetown University, the “free market is the greatest producer of wealth in history—it has lifted billions of people out of poverty.”
None of this is to assert that free enterprise is a perfect system—but more on that in a moment. Nor is it to claim that free enterprise is all we need as people. But it has unambiguously improved the lives of billions. It became my view that if I was truly to be a “Matthew 25 Catholic” and live the Lord’s teaching that “whatever you did for one of the least of these brothers and sisters of mine, you did for me,” then my vocation was to defend and improve the system that was achieving this miraculous result.
That is how an unlikely Catholic became an even more unlikely warrior for free enterprise.
My new mission gave meaning to my growing disenchantment with music. I was hungry for work that served vulnerable people more directly. Now I had a roadmap to point me toward that future. I graduated from correspondence college shortly before my 30th birthday. Traditional graduate work in economics followed, and I left music for good to pursue a Ph.D. in policy analysis. That sparked a career as a university professor, teaching economics and social entrepreneurship.
As I taught about the anti-poverty properties of free enterprise, a common objection—especially among my Catholic friends—remained. “Okay,” many said, “I see that markets have pulled up the living standards of billions, and that’s great. But they haven’t pulled people up equally. In fact, capitalism has created more inequality than we have ever seen.” This spawns ancillary concerns about the rich getting richer at the expense of the poor, and the rising inequality of opportunity. My challenge as a Catholic economist was to answer these questions in good faith.
The evidence on income inequality seems to be all around us and irrefutable, particularly in the United States. From 1979 to today, the income won by the “top 1 percent” of Americans has surged by roughly 200 percent, while the bottom four-fifths have seen income growth of only about 40 percent. Today, the share of income that flows to the top 10 percent is higher than it has been since at any point since 1928, the peak of the bubble in the Roaring Twenties. And our lackluster “recovery” following the Great Recession likely amplified these long-run trends. Emmanuel Saez, a University of California economist, estimates that 95 percent of all the country’s income growth from 2009 to 2012 wound up in the hands of the top 1 percent.
Taking this evidence on its face, it is easy to conclude that our capitalist system is hopelessly flawed. Digging deeper, however, produces a more textured story.
To begin with, we should remember that inequality is not necessarily a bad thing when the alternative is the equality of grinding poverty, which was the case in previous centuries. Few would prefer a nation of equal paupers to modern-day America. But in any case, the notion that global income inequality has been rising inexorably is incorrect. From 1988 to 2008, a key era in the continued worldwide spread of market systems, economists have shown that the worldwide Gini index—a common measure of inequality—at worst has stayed level and has most likely fallen.
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James Freeman replaced James Taranto on the essential Best of the Web Today beat, and here is his first offering:
Who says Donald Trump is against entitlement reform? While he probably won’t propose changes to Medicare or Social Security in his first budget proposal, the President seems eager to consider whether all members of the media establishment should continue to enjoy privileges not available to the average citizen.
CNN and the New York Times are upset they weren’t included in a Friday press briefing at the White House, even though they still had access to media pool reports filed that day. Almost all Americans—and for that matter almost all journalists—were also not invited to the meeting with White House press secretary Sean Spicer. But CNN and the Times seem to feel particularly offended.
CNN’s Jake Tapper said the White House guest list was “not acceptable” and “un-American.” Dean Baquet, executive editor at the Times, called it unprecedented and said, “Free media access to a transparent government is obviously of crucial national interest.” The Times also ran a story this weekend comparing the rhetoric Mr. Trump uses for journalists who peddle “fake news” with the words of Soviet dictator Josef Stalin, who murdered millions of his countrymen.
But even the Times doesn’t think much of this comparison. On Saturday the paper ran a piece taunting Mr. Trump based on the Times conviction that even the highest elected official in the U.S. will ultimately lose a power struggle with Washington’s un-elected establishment. Reporters Glenn Thrush and Michael Grynbaum fault Mr. Trump for “believing he can master an entrenched political press corps with far deeper connections to the permanent government of federal law enforcement and executive department officials than he has.” The Times report adds that the President “is being force-fed lessons all presidents eventually learn — that the iron triangle of the Washington press corps, West Wing staff and federal bureaucracy is simply too powerful to bully.”
CNN’s Jake Tapper said the White House guest list was “not acceptable” and “un-American.” Dean Baquet, executive editor at the Times, called it unprecedented and said, “Free media access to a transparent government is obviously of crucial national interest.” The Times also ran a story this weekend comparing the rhetoric Mr. Trump uses for journalists who peddle “fake news” with the words of Soviet dictator Josef Stalin, who murdered millions of his countrymen.
But even the Times doesn’t think much of this comparison. On Saturday the paper ran a piece taunting Mr. Trump based on the Times conviction that even the highest elected official in the U.S. will ultimately lose a power struggle with Washington’s un-elected establishment. Reporters Glenn Thrush and Michael Grynbaum fault Mr. Trump for “believing he can master an entrenched political press corps with far deeper connections to the permanent government of federal law enforcement and executive department officials than he has.” The Times report adds that the President “is being force-fed lessons all presidents eventually learn — that the iron triangle of the Washington press corps, West Wing staff and federal bureaucracy is simply too powerful to bully.”
When trying to play the sympathetic victim whose rights are being violated, referring to oneself as part of an “iron triangle” is generally not recommended. Also, how often did Soviet dissidents get the chance to force-feed Stalin? If they could have found anything to eat presumably they would have kept it for themselves.
Apparently CNN can’t stick to the script either. The ubiquitous Mr. Grynbaum of the Times observes that both friends and foes of CNN President Jeffrey Zucker “say he can handle — and even relishes — a harsh spotlight.” The piece recounts how, while nibbling on filet mignon at a recent gathering of select reporters, Mr. Zucker said that his team wears Trump insults “as a badge of honor.” The headline notes that Mr. Trump and Mr. Zucker are “2 Presidents Who Love a Spectacle.”
If Mr. Zucker seems unconcerned about the possibility of being sent to the gulag, it’s perhaps because he knows that his First Amendment rights are not threatened. It is not essential to our democracy that the White House gives information first to particular entrenched media incumbents before sharing it with the public. And the First Amendment does not say that the New York Times and CNN must have an edge over smaller competitors.
Every politician has significant discretion over how to reach the public and which media outlets to favor. In 2009 President Obama chose in his first prime-time news conference to recognize a Huffington Post writer, bypassing various newspaper reporters. Mr. Obama also used YouTube to order the FCC to prevent telecom companies from charging YouTube and Netflix market rates for carrying their massive Internet traffic.
Last year the Times ran a front-page story saying that reporters who thought Mr. Trump was a dangerous demagogue “have to throw out the textbook American journalism has been using for the better part of the past half-century, if not longer.” More recently CNN happily broadcast repeated references to an accusation-filled “dossier” of negative rumors about Mr. Trump without bothering to confirm they were true.
The President can be forgiven for thinking that CNN and the Times have been trying to build the case for impeachment since Election Night. He has no obligation to help them. Along with refusing to give them an informational edge on their media competitors, this entitlement reform could be paired with an effort to make more government data available to everyone, and to make it more easily understandable and searchable, empowering amateur and professional journalists alike.
The latest NBC/WSJ poll suggests the issue could resonate. A full 86% of respondents agree with the following statement: “For too long, a small group in our nation’s capital has reaped the rewards of government while the people have borne the cost.” Also, a majority in the survey believe that the “news media and other elites are exaggerating the problems with the Trump Administration because they are uncomfortable and threatened with the kind of change that Trump represents.”
The survey sample skews Democratic, yet survey respondents have become more optimistic in the Trump era. Now 40% think the country’s headed “in the right direction,” compared to 33% two months ago and just 20% in December of 2015. Mr. Trump’s approval ratings, while still low by presidential standards, are also improving. And perhaps that’s what is most upsetting to CNN and the New York Times.
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If President Trump’s first tumultuous weeks have done nothing else, at least they have again made us a nation of readers.
As Americans grapple with the unreality of the new administration, George Orwell’s “1984” has enjoyed a resurgence of interest, becoming a surprise best seller and an invaluable guide to our post-factual world.
On his first full day in office Mr. Trump insisted that his inaugural crowd was the largest ever, a baseless boast that will likely set a pattern for his relationship both to the media and to the truth.
At an event marking Black History Month last week, the president took a detour from a discussion of Frederick Douglass — he described the abolitionist as “an example of somebody who’s done an amazing job and is being recognized more and more” — to talk about the press. “A lot of the media is actually the opposition party — they’re so biased,” he said. “So much of the media is the opposition party and knowingly saying incorrect things.”
Mr. Trump understands that attacking the media is the reddest of meat for his base, which has been conditioned to reject reporting from news sites outside of the conservative media ecosystem.
For years, as a conservative radio talk show host, I played a role in that conditioning by hammering the mainstream media for its bias and double standards. But the price turned out to be far higher than I imagined. The cumulative effect of the attacks was to delegitimize those outlets and essentially destroy much of the right’s immunity to false information. We thought we were creating a savvier, more skeptical audience. Instead, we opened the door for President Trump, who found an audience that could be easily misled.
The news media’s spectacular failure to get the election right has made it only easier for many conservatives to ignore anything that happens outside the right’s bubble and for the Trump White House to fabricate facts with little fear of alienating its base.
Unfortunately, that also means that the more the fact-based media tries to debunk the president’s falsehoods, the further it will entrench the battle lines.
During his first week in office, Mr. Trump reiterated the unfounded charge that millions of people had voted illegally. When challenged on the evident falsehood, Sean Spicer, the White House press secretary, seemed to argue that Mr. Trump’s belief that something was true qualified as evidence. The press secretary also declined to answer a straightforward question about the unemployment rate, suggesting that the number will henceforth be whatever the Trump administration wants it to be.
He can do this because members of the Trump administration feel confident that the alternative-reality media will provide air cover, even if they are caught fabricating facts or twisting words (like claiming that the “ban” on Muslim immigrants wasn’t really a “ban”). Indeed, they believe they have shifted the paradigm of media coverage, replacing the traditional media with their own.
In a stunning demonstration of the power and resiliency of our new post-factual political culture, Mr. Trump and his allies in the right media have already turned the term “fake news” against its critics, essentially draining it of any meaning. During the campaign, actual “fake news” — deliberate hoaxes — polluted political discourse and clogged social media timelines.
Some outlets opened the door, by helping spread conspiracy theories and indulging the paranoia of the fever swamps. For years, the widely read Drudge Report has linked to the bizarre conspiracy theorist Alex Jones, who believes that both the attacks of Sept. 11 and the Sandy Hook shootings were government-inspired “false flag” operations.
For conservatives, this should have made it clear that something was badly amiss in their media ecosystem. But now any news deemed to be biased, annoying or negative can be labeled “fake news.” Erroneous reports that the bust of the Rev. Dr. Martin Luther King Jr. had been removed from the Oval Office or misleading reports that sanctions against Russia had been lifted will be seized on by Mr. Trump’s White House to reinforce his indictment.
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The number one single today in 1970:
The number one single today in 1976 is the first record I ever purchased, for $1.03 at a Madison drugstore just before it left the WISM radio top 40 list:
Today in 1977, a member of the audience at a Ray Charles concert tried to strangle him with a rope.
The number one single today in 1981:
Birthdays today start with Brian Jones of the Rolling Stones:
Joe South:
Donnie Iris of the Jaggerz:
Ronnie Rosman of Tommy James and the Shondells:
Cindy Wilson of the B-52s:
Ian Stanley played keyboards for Tears for Fears:
Phil Gould of Level 42:
Four deaths of note today: Frankie Lymon in 1968 …
… one-hit-wonder Bobby Bloom in 1974 …
… David Byron of Uriah Heep in 1985 …
… and drummer George Allen “Buddy” Miles, who had the good taste to record with two of the greatest rock guitarists of all time on the same song, in 2008:
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Jonah Goldberg, not a fan (as myself) of Donald Trump:
Mika Brzezinski, co-host of MSNBC’s Morning Joe, had an unfortunate turn of phrase the other day. She said it’s the mission of the press to “control exactly what people think.”
My suspicion is that this was less a Freudian slip than a simple slip-up. Brzezinski was referring to her fear that President Trump may be trying to control the way people think by discrediting the media — whom he calls “enemies of the American people” — and she lost her rhetorical footing, stumbling into saying that mind control is “our job.”
But the misstatement resonated with a lot of people, as did Trump’s claim that the press is an enemy of the people.
The first thing that needs to be said is that whenever you hear a politician talk about “the American people,” either they’re over-generalizing to the point of banality, or they’re referring to only one segment of the American public. “The American people love an underdog” is an example of banality. The press “is the enemy of the American people” is a highly subjective declaration.
I don’t blame journalists for taking offense. It was a grossly irresponsible thing for the chief constitutional officer of our government to say. But that doesn’t mean he doesn’t have a point or that people are crazy for seeing it.
Which brings me back to Brzezinski’s comment about the media’s controlling how people think.
One need not paint with an overly broad brush or accuse the entire press corps of being part of a knowing conspiracy to manipulate the public. Many mainstream journalists sincerely believe they are operating in good faith and doing their job to the best of their abilities. At the same time, it seems patently obvious that the “objective” press is in the business of subjectively shaping attitudes rather than simply reporting facts.
Consider the hot topic of the moment: illegal immigration. The syndicate that distributes the column you are reading follows the AP stylebook, which says that I am not allowed to refer to “illegal immigrants” (i.e., people who migrate illegally), but I can refer to illegal immigration (i.e., the act of migrating illegally). Kathleen Carroll, then the senior vice president and executive editor of the Associated Press, explained that the change was part of the AP’s policy against “labeling people.”
Many news outlets followed suit, using such terms as “unauthorized” or “undocumented” to describe immigrants formerly known as illegal.
The move was hailed by left-wing immigration activists as a great leap forward. And for good reason: It is part of their agenda to blur the distinctions between legal and illegal immigration, and to make it sound as if objecting to the former is morally equivalent to objecting to the latter. But as a matter of fact and logic, the difference between an “unauthorized immigrant” and an “illegal immigrant” is nonexistent. The media play these kinds of linguistic games all the time.
Economics professor Tim Groseclose walks readers through countless examples in his book Left Turn: How Liberal Media Bias Distorts the American Mind. Partial-birth abortion virtually never appears without a “so-called” before it, and the procedure is virtually never described clearly. The word “kill” is almost never used to describe any abortion, despite the fact that this is what happens. Whenever some great sweeping piece of liberal social legislation is passed by Democrats, it’s a “step forward.” Whenever a law is repealed, Republicans are “turning back the clock.”
The language games are part of a larger tendency of journalists to follow certain scripts that conform to how coastal elites see the country.
In 2015, during the ridiculous hysteria over Indiana’s religious-freedom law (since revised), a news reporter went around a small town asking business owners about the law. The owner of Memories Pizza, Crystal O’Connor, said anyone could eat there, but they’d probably turn down a job to cater a gay wedding. The story was immediately blown up by national news outlets as proof of some prairie fire of anti-gay discrimination, even though no one had been discriminated against. Memories Pizza had to shut down.
My hunch is that O’Connor nodded along when Trump said the press is the enemy of the American people.
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David French:
Lost in most of the coverage of President Trump’s decision to rescind the Obama administration’s transgender mandates is a fundamental legal reality — the Trump administration just relinquished federal authority over gender-identity policy in the nation’s federally funded schools and colleges.
In other words, Trump was less authoritarian than Obama. And that’s not the only case. Consider the following examples where his administration, through policy or personnel, appears to be signaling that the executive branch intends to become less intrusive in American life and more accountable to internal and external critique.
• Trump nominated Neil Gorsuch to the Supreme Court, a man known not just for his intellect and integrity but also for his powerful legal argument against executive-branch overreach. Based on his previous legal writings, if Gorsuch had his way, the federal bureaucracy could well face the most dramatic check on its authority since the early days of the New Deal. By overturning judicial precedents that currently require judicial deference to agency legal interpretations, the Court could put a stop to the current practice of presidents and bureaucrats steadily (and vastly) expanding their powers by constantly broadening their interpretations of existing legal statutes.
For example, the EPA has dramatically expanded its control over the American economy even without Congress passing significant new environmental legislation. Instead, the EPA keeps revising its interpretation of decades-old statutes like the Clean Air Act, using those new interpretations to enact a host of comprehensive new regulations. If Gorsuch’s argument wins the day, the legislative branch would be forced to step up at the expense of the executive, no matter how “authoritarian” a president tried to be.
• Trump nominated H. R. McMaster to replace Michael Flynn as his national-security adviser. McMaster made his name as a warrior on battlefields in the Gulf War and the Iraq War, but he made his name as a scholar by writing a book, Dereliction of Duty, that strongly condemned Vietnam-era generals for simply rolling over in the face of Johnson-administration blunders and excesses. In his view, military leaders owe their civilian commander in chief honest and courageous counsel — even when a president may not want to hear their words.
• When the Ninth Circuit blocked Trump’s immigration executive order (which was certainly an aggressive assertion of presidential power), he responded differently from the Obama administration when it faced similar judicial setbacks. Rather than race to the Supreme Court in the attempt to expand presidential authority, it backed up (yes, amid considerable presidential bluster) and told the Ninth Circuit that it intends to rewrite and rework the order to address the most serious judicial concerns and roll back its scope.
Indeed, if you peel back the layer of leftist critiques of Trump’s early actions and early hires, they contain a surprising amount of alarmism over the rollback of governmental power. Education activists are terrified that Betsy DeVos will take children out of government schools or roll back government mandates regarding campus sexual-assault tribunals. Environmentalists are terrified that Scott Pruitt will make the EPA less activist. Civil-rights lawyers are alarmed at the notion that Jeff Sessions will inject the federal government into fewer state and local disputes over everything from school bathrooms to police traffic stops.
A president is “authoritarian” not when he’s angry or impulsive or incompetent or tweets too much. He’s authoritarian when he seeks to expand his own power beyond constitutional limits. In this regard, the Obama administration — though far more polite and restrained in most of its public comments — was truly one of our more authoritarian.
Obama exercised his so-called prosecutorial discretion not just to waive compliance with laws passed by Congress (think of his numerous unilateral delays and waivers of Obamacare deadlines) but also to create entirely new immigration programs such as DACA and DAPA. He sought to roll back First Amendment protections for political speech (through his relentless attacks on Citizens United), tried to force nuns to facilitate access to birth control, and he even tried to inject federal agencies like the Equality Employment Opportunity Commission (EEOC) into the pastor-selection process, a move blocked by a unanimous Supreme Court. In foreign policy, he waged war without congressional approval and circumvented the Constitution’s treaty provisions to strike a dreadful and consequential deal with Iran.
There’s no doubt that Trump has expressed on occasion authoritarian desires or instincts. In the campaign, he expressed his own hostility for the First Amendment, his own love of expansive government eminent-domain takings (even to benefit private corporations), endorsed and encouraged violent responses against protesters, and declared that he alone would fix our nation’s most pressing problems. But so far, not only has an authoritarian presidency not materialized, it’s nowhere on the horizon. Instead, he’s facing a free press that has suddenly (and somewhat cynically) rediscovered its desire to “speak truth to power,” an invigorated, activist judiciary, and a protest movement that’s jamming congressional town halls from coast to coast. …
It was just three weeks ago that David Frum published a much-discussed essay in The Atlantic outlining how Trump could allegedly build an American autocracy. Over at Vox, Ezra Klein wrote at length about how the Founders’ alleged failures laid the groundwork for a “partyocracy.” And now? Trump’s early struggles are leading pundits to ask, “Can Trump help Democrats take back the House?” In the American system, accountability comes at you fast.
Liberals were blind to Obama’s authoritarian tendencies in part because they agreed with his goals and in part because their adherence to “living Constitution” theories made the separation of powers far more conditional and situational. But authoritarianism is defined by how a president exercises power, not by the rightness of his goals. It’s early, and things can obviously change, but one month into the new presidency, a trend is emerging — Trump is less authoritarian than the man he replaced.