Darryl Paulson
During last week’s State of the Union address, President Obama proposed a dozen executive orders or executive actions. An executive order allows the president to put a policy into effect with the stroke of the pen. Such orders last as long as the president’s term, when they must be extended by the next president or ended.
At the first Cabinet meeting of 2014, President Obama told his Cabinet members that “we’re not going to be waiting for legislation in order to make sure we are providing Americans the kind of help they need. I’ve got a pen and I’ve got a phone.”
Republicans immediately attacked the president’s approach to governing. U.S. Sen. John McCain threatened to “go to court” to defend the U.S. Constitution. U.S. Sen. Ted Cruz attacked Obama’s “Imperial Presidency,” and House Speaker John Boehner promised to “watch very closely, because there is a Constitution that we all take an oath to, including him, and following the Constitution is the basis of House Republicans.”
When asked by an audience member to use more executive orders, one modern president responded: “We’ve got the Constitution, we’ve got separation of powers. So there is no shortcut to politics, and there’s no shortcut to democracy.” Apparently President Obama has had a change of heart.
Democrats contend that Obama has no other choice since the Republicans oppose anything he proposes. Critics of the president point out that all presidents face opposition from the other party, but have still managed to reach out and govern.
Obama told Jake Tapper of CNN that Republicans “not only are they willing to not do anything, but they also want me not to do anything.” The country must move forward.
Obama’s supporters point out that he has signed fewer executive orders than all but one modern president. Obama has signed 168 executive orders compared to 214 for Kennedy, 291 for George W. Bush, 320 for Carter, 325 for Johnson, 364 for Clinton, 381 for Reagan, 484 for Eisenhower, 907 for Truman and an astounding 3,522 for Franklin D. Roosevelt. Only George H. W. Bush signed fewer executive orders (166) than Obama.
What is the public view on executive orders? A recent Rasmussen Poll found that 69 percent of U.S. voters want the president to work with Congress and just 27 percent want the president to go it alone.
When The Washington Post surveyed Americans to see if they wanted the president to use executive orders to accomplish his goals, most Democrats said yes, most Republicans said no and independents were split 49 to 49 percent.
Not all Democrats are convinced that Obama is correct in pursuing the use of executive orders. One Democratic strategist commented: “people are suspicious of executive power, so you have to tread carefully.”
William Galston, a former Clinton adviser, argued that “the American people are tired of the bickering and want to figure out a way of moving forward together.”
Democrats also worry that Obama is increasingly using Congress and Democrats interchangeably. Fellow Democrats are concerned that the president’s broad criticism of Congress will have a negative impact on Democrats running for election.
Others are concerned that Obama’s “join me or get out of the way” approach sounds very similar to George W. Bush’s post-9/11 address to Congress that the nations of the world are either “with us or against us” in fighting terrorism.
Obama is right that Republicans have opposed him on most issues. On the other hand, Obama would do well to remember the statement of 18th century political philosopher Montesquieu that “There can be no liberty where the legislature and executive powers are united in the same person, or body of magistrates.”
A president great at political leadership will find ways to work with the opposition. President Reagan faced Democratic congresses, but used the powers of the White House as well as the power of persuasion to win over Democrats. Reagan argued that if he could not persuade Congress to see the light, he would make them feel the heat.
Perhaps, it is time for the electorate to provide some heat for both the president and Congress.
Darryl Paulson is professor emeritus at the University of South Florida St. Petersburg; he resides in Palm Harbor.
