conlawprof  

Re: Outsourcing Legislation from WH to the House of Representatives

Sean Wilson
Fri, 29 Jan 2010 18:18:45 -0800

(Don)

... I would accept your position if the world existed as you have described it. 
Namely, if polls were what they said, and if the mood is as you believe. I 
think the better argument is that polls are a function of how things are 
framed, what television says, how far removed the issue is from the election 
drama, the state of misery, the belief that people are getting something for 
free, and the general problem with bell curves in general and mass culture in 
Rome in particular. Furthermore, no one I know of would credibly say that 
Democracy is founded upon polling sentiment. The Athenian model isn't even a 
starter. At best, "democrats" (small-d) argue for ballot initiatives and 
different election systems. So I cannot accept the world you paint.

Here is my world. If we had an election today for every seat in Congress right 
now, Democrats would get their butts kicked. In fact, American culture would 
probably overturn at least one of the houses to Republicans while leaving Obama 
in office (barely). In my generation, I have seen American culture tire of 
Democratic majority-government VERY quickly.  This president and this party are 
living on borrowed capital (literally and figuratively). A great deal of this 
is their own fault. 

Ironically, this is EXACTLY what Senates are for. If anyone needs to look 
at why the Senate exists in American politics, just look at the Massachusetts 
race. You are getting a watered down health care bill, if at all, because (a) 
political winds changed; (b) you (Democrats) don't know how to navigate winds 
(you are bad sailors); and (c) if you want to govern, you have to keep winning 
elections (meaning no change of winds). And anyone today who thinks the Senate 
is thwarting rather than being obedient to the political culture as it exists 
RIGHT NOW isn't "getting it." And this is precisely why the American Senate 
exists. The old public clamor that captured the House is showing itself to be 
false, lessened or transitory. The Senate reflects this sentiment.   

The odd thing, though, is the 5% growth last quarter. If there's an economic 
miracle around the corner, look out. Rome could sing the praises of "morning in 
America" next year (if Democrats know that song). That could put you back in 
business. You could even say FDR did it. 

So I don't want to hear about polls. I want to hear about strong-armed 
executives and Democrats who know how to use power. I don't want to hear 
excuses either. You don't know how to govern (you = Democrats). Johnson would 
have had the thing passed in August. (Also: becoming the jobs president in year 
2 is like playing offense in football, but only in the second half. You've got 
serious blunders here).   

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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