Wednesday, March 8, 2017

Constitutional Crisis?

No matter who you supported in the last election surely you didn’t wish the chaos of recent weeks to be the result? I’m one of those orderly people who like procedures, process and rules to guide us through complicated matters. Governance is complicated. It must provide for all of the people within a jurisdiction, not just some. And certainly the needs of the few cannot be ignored by the wants of the many.

That’s what makes public policy so difficult to manage. In solving one problem one doesn’t wish to create another one. Unintended consequences are apt to appear at any moment. Then they must be managed in addition to the original target of attention.

Policy attempts to smooth things out, to make things orderly. Such effort builds reliability in our expectations. Life is better and more easily managed as a result. So, if public policy is to maximize accessibility of children to educational resources, for example, we must organize programs to do just that. Some kids, of course, will not be as ready as others, while some will be advanced and ready for much more. Ranking, sorting and channeling students into the right educational channel is critical in managing for excellent outcomes.

But that is not always what happens. Because children are ever present in the local schools, public officials (elected or not) have placed requirements on schools to carry out their social policy and programs. That often leads to complicated routines and unwieldy procedures. Education is thus forced a bit into the background. Efficiency of schools is thwarted. Intentional or not, this is the result. Our public schools have become a huge testing ground of sociological experiment and quick-fix schemes. All at the expense of schools, teacher time and results.

So that’s policy, and it takes care, finesse and discernment to get it right.

Look to the White House today, however. Do you see clear thinking? Clear logic? Discernment or any attempt to explain the basis of decisions? Are they making law, adjusting law, or eliminating law? And what role and right does the White House have in such matters. Executive function is implementation of laws and administration of the programs the laws have created. Congress makes the laws, not the White House.

In a chaotic milieu policy formation doesn’t have much of a chance. It is that simple.

So another look at the situation forms the question – Why is all of this going on?

Although many will answer that question with their own political bent, from conspiracy defense to New Federalism, to New Republic life – the reality is no one is in control of the situation. And that has me worried.

The President flies off the handle. He rants, raves and twitters. In moments of state he has someone write a speech for him; he changes it as he will; then he reads it off a teleprompter. Trouble is, the speech said nothing new, offered no explanation for recent actions, and certainly did not offer reasoning for what is going to happen in the future. What is the intent of the White House and this President? No one knows.

Worse than that, it is increasingly clear that no one is in control of the White House either.

In my world of order, that is a constitutional crisis. And it needs attention by those who are charged with knowing and working with the Constitution. The Department of Justice has this role and function. So does the Supreme Court. Congressional leaders have some responsibility but they are distracted by ideological conspiracies to have any grip on Constitutional matters evidently.

So what do we do? The Free Press is doing what it can. Freedoms of assembly appear to be in question. Freedom of Religion is being redefined. And the chaos continues perhaps as strategy.

I smell the distinct aroma of Steve Bannon in all of this. He is like Karl Rove on steroids. And with much the worse humor.

I want my senators and congressman to do their job as it is spelled out in the law and the Constitution. If they don’t, then I guess we will have to remove them en masse to gain control of the chaos.

Order? Chaos? Or Constitution? Which will it be? I know in the long run what it has to be. But who will help bring this about sooner rather than later?

Yes, this is a Constitutional Crisis of the first order.

March 8, 2017


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