conlawprof  

Re: Outsourcing Legislation from WH to the House of Representatives

Sean Wilson
Fri, 29 Jan 2010 15:47:13 -0800

... fwiw, I'm not an advocate of this "ideal point science," because it seems 
only to paint its portraits after history is over. If it were given to us 
as sculpting, however, one would be in inclined to allow it such a luxury. It 
seems to me that "older political science" is much more helpful here. You don't 
like executive power? Now look at what you have. The old party regimes of the 
1900s would have had the executive writing the legislation and being the focal 
point of the governmental power -- the way it is supposed to be. (As in, the 
way it WORKS). But this anti-Bush thing that came about largely from foreign 
policy issues (torture, spying and the like) and public symbolism (signing 
statements, unitary executive rhetoric) was confused by the Left as a call for 
being against executive power. This is by far the most confusing thing the 
Democrats have done in quite some time (which is saying a good deal). Why on 
earth anyone would gain power
 and then try to wield it without the executive front-and-center, writing and 
steering the legislation, I have no idea. I say again: what did this 
arrangement accomplish? Getting Democrats to lead in Congress is like trying to 
herd cats. It reminds me a lot of kids who organize finger-painting.  

So if you want the Nobel-winning weak executive model, you got it. 

Note also something else that is peculiar. So much of the debate about health 
care has majorities close in mind. Wasn't it Sandy who was saying that the 
Senate was thwarting democracy? You know, you can make an argument that 
the actual policy position that emerged from the Senate on health care was 
perfectly aligned with public mood. This country is far from liberal. Go out in 
any area of the heartland and see what noise people make when they talk about 
issue politics.  

So if you want majority-sentiment to rule, you've got that too.

Regards.       
 
Dr. Sean Wilson, Esq.
Assistant Professor
Wright State University
Personal Website: http://seanwilson.org
SSRN papers: http://ssrn.com/author=596860
Discussion Group: http://seanwilson.org/wittgenstein.discussion.html 



      
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