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December 1, 2005
If I Were President
Dave Schuler points out something too often missed: most of what the executive branch is doing is actually the responsibility of the Congress. Actually, that's unfair: much of what the executive branch is doing is actually unconstitutional, and much of the remainder is actually the responsibility of Congress. So, with that in mind, here are some things I would do if I were President, and which my wife insists (probably correctly) would get me assassinated in short order for doing — and by the way, if you want my vote for President, promising to do even a few of these would almost guarantee it.
- The Congress is responsible for making law, deciding the budget, and so forth. I would not propose a budget, on the grounds that the law compelling the executive to do so is unconstitutional: it is a usurpation of Congress' power to set the budget (notwithstanding that it is the Congress that is usurping itself to avoid responsibility).
- I would pardon anyone incarcerated in Federal prisons strictly on drug charges (not on violence in relation to drug possession and distribution, mind you) where there was no actual transfer of drugs across state or international borders by the imprisoned person, on the grounds that the government has no power to control commerce (or even, as in the Raich case, non-commercial non-transactions) that does not cross state or international boundaries. I would actively seek out other unconstitutional laws and pardon those currently serving time under them. As to those incarcerated for moving drugs across state or national borders, much as I might think the "war on drugs" is counterproductive, Congress clearly has the power to regulate what commodities move across state or international lines resulting in an exchange of values. Too bad for you, my disagreement with the policy wouldn't absolve me from enforcing the parts of it that are constitutionally allowed.
- I would refuse to allow any executive department to publish any regulation not pertaining to matters internal to that department, or constitutionally reserved for the executive. This is Congress' job, and it is wrong for the executive to usurp that power, even if Congress really really wants the executive to do so. In fact, I would declare that after 1 year (to give the Congress time to pass any needed laws — choose carefully guys: you're short on time), I would no longer allow executive departments to enforce regulations outside of their own departments unless those regulations were in fact explicitly set by law, and found to be constitutional.
- I would pull US troops out of any country where they were not deployed pursuant to an act of Congress, and those that were pursuant to an act of Congress but which are no longer in our interests, unless the troops were not in a combat situation (or potential combat situation) and were invited to be there by the government of the country where they are stationed. In actual fact, I'm not certain that this covers any troops currently deployed, except possibly in Kosovo, where I'm not particularly sure our national interests are being served.
- I would refuse to deploy troops abroad in future without an explicit declaration of war. While laws giving the President the power to use force (such as Kosovo or Iraq) meet the Constitution's requirement that Congress declare war, I would demand explicit declarations to ensure that the Congress could not backpedal years later and blame it all on me. Further, I would immediately seek a declaration of war against all jihadi and militant Islamist groups (identified by ideology, not by name) and any countries that support them (again, not necessarily identified by name, but by their actions). Failing that, I would demand a declaration of war against certain named groups and named countries. Failing that, I would state that I did not have the power to fight the war, because Congress refused to grant it, and that therefore the country should be prepared for the logical consequences, which I would do everything possible within my constitutionally-granted powers to avoid or ameliorate.
- I would ask for the resignations of, and refuse to appoint replacements for, every political appointee in every executive department whose duties are not set forth in the Constitution. This might actually leave little more than State, Defense, Commerce, Treasury, Justice, Homeland Security and parts of the rest with appointed leaders, but I'm OK with that. I would submit legislation to abolish most of the executive departments, rolling their constitutionally-mandated functions into a smaller number of departments and simply eliminating the rest. I would not expect that the Congress would pass such a law, but I would feel obligated to propose it.
- I would certainly propose radical reforms to taxes and to certain programs like Social Security and Medicaid. While the Congress has the power to tax, even to impose direct and unevenly-distributed taxes, the system could be made much more reasonable without diminishing revenue, but this cannot be done with fiddling at the margins. Programs like Social Security and Medicaid are too intrinsic to our society after 70 years to simply eliminate or cut drastically, no matter how wrong they are. However, they should be converted away from "pay as you go", made optional (with the consequence that your non-participation absolves the government of responsibility for supporting you if you end up destitute as a result) and for those who cannot support themselves for various reasons beyond their control (such as those too crippled or ill to work), replaced with a direct subsidy program that doesn't try to hide that it is redistribution of wealth behind flighty rhetoric.
- I would relish the fights in the courts.
- I would calmly accept my impeachment and removal from office.
UPDATE: I neglected to mention vetoing every single law that contains anything unconstitutional. Along with an explanation, of course. It should be fun passing budgets in such a case.
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