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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Obama’s Beef
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Wednesday, January 30, 2008
Obama’s Beef
Guest Blogger
Jeffrey K. Tulis
Comments:
The President is not merely a passive facilitator, he or she is (or should be) a leader with his or her own plenary responsibilities.
The President implements nearly all foreign policy. Therefore, it would be nice to know what foreign policy a candidate intends to implement. The Executive is the only branch with a single voice and the bully pulpit. Congress has well over 400 contradictory voices. By virtue of the structural advantages of the Executive, the President therefore also takes the lead in setting domestic policy. It would be nice to know what domestic policy the candidate intends to set with some level of specificity. In sum, when the candidate is calling for "change," it would be nice to know specifically what changes he or she intends to implement. There is good change and there is bad change. Inquiring minds would like to know which the candidate has in mind. However, I am a member of the GOP. Maybe we have different standards for our candidates. ;^)
He will offer a plan, to be sure.
Obama's plan is here (pdf) (semi-detailed press release here). A critique of the plan from a leading Democratic-leading blogger on the issue is here. deepening the pathology of an administrative “republic” that no longer appreciates the beauty and benefit of legislative deliberation. Well, maybe, unless your political beliefs are grounded in policy preferences, rather than aesthetic preferences.
I think Mr. Tulis' point is that the country might be better served if the Presidency were less ideologically driven. Mr. Tulis isn't saying that the vehement advocacy of politics isn't important, but that we might be better served by limiting it to the legislative branch. I.e. more Washington, less Adams and Jefferson.
The lesson from the Clinton health care debacle is that some of Hillary's reforms might have gone through if she had put forward ideas and encouraged Congress to deliberate rather than sending the Congress a finished bill, which sends the message that their role in drafting and deliberating is not longer needed. It's about respect for constitutional roles. The abuse of recess appointments is a recent example. It would be nice to have a President who understood that power doesn't always need to be exerted. Recess appointments should be for emergencies, not subverting the will of the people's representatives. This sort of respect for process and tradition over getting one's way seems to be what Obama promises and I'm pretty excited about it.
The lesson from the Clinton health care debacle is that some of Hillary's reforms might have gone through if she had put forward ideas and encouraged Congress to deliberate rather than sending the Congress a finished bill, which sends the message that their role in drafting and deliberating is not longer needed.
My understanding is that the Republicans decided, in advance of any bill, that they would oppose ANY health care reform proposed by Clinton. Whatever Hilary's mistakes -- and I'm not letting her off the hook entirely -- the failure to include people who had already decided to oppose the whole concept is not one of them. This doesn't mean the rest of your comment falls to the ground; I just don't think the particular example is a good one.
However, I am a member of the GOP. Maybe we have different standards for our candidates. ;^)
# posted by Bart DePalma : 9:25 AM If George W Bush is an indication of your "standards", you might want to rethink them.
I fully agree. The problem with the President offering one (detailed) proposal and one only is that it any one proposal will have its flaws and be relatively easy to knock down. And once that one proposal is knocked down, there will be no alternative except the status quo.
Frankly, I would live to see the President offer two or three options, expressing a preference, yes, but making clear that it is only a preference, not an ultimatum. Anyone who tries to knock down all alternatives (as opposed to pressing for one or another) will be making clear that they are really just defending the status quo.
Thank you Mr. Tulis! As a woman with experience developing and administering innovative government policy and as a lifetime student of Presidential politics, I salute your understanding of the nature of effective Presidential leadership.
The hold partisanship has gained on our body politic since Reagan and now taken for granted in a post-Rovian environment is somewhat evident in the other comments on your article and blares in most of the media's approach to the campaign. The demand for detailed policy and program proposals as part of the campaign amounts essentially to a way to continue dividing the electorate by vested interest. Obviously, Hillary is taking advantage of this pseudo-democratic view of the Presidency by continually touting her "experience," and acting wonky on the trail. How many of her listeners will be inspired to get involved in the government when they listen to her? Her approach simply feeds a cynical and jaded electorate's propensity to be taken care of. And, incidentally, the press and pundits tout the value of detail perhaps because it gives them more to set up discussion and debate about. The vast value of the leadership envisioned by Obama is not only that the process of developing policy will enlist the ideas and values of those who will be tasked with making it work and will thus be more effective, it will also inspire and provide space for those who are interested to participate. Moreover, I believe that Obama has laid out the essence of what he means by CHANGE. The most significant change is in the process and it will: Clean up electoral funding and make it transparent, thereby reducing the obligation to fashion policy for special interests and opening up the process; Make agency budgets available on the internet so that citizens will be empowered in influencing decisions; Be honest and candid with the American people instead of taking guidance from polls; Be clear and civil in communications; Work to overcome barriers to opportunity for all; Listen as well as talk in both domestic and international venues and adopt measured and well-targeted responses when needed. This is from memory. Obama's website is so busy at the moment that I was unable to get on to verify the "details."
What is the role of the President?
Beyond the truncated, buzzword-inflected, competing monologues that generally pass for "political debate," it is heartening to sense that Barack Obama's candidacy really might raise this question in the mind of the "average voter." It is an especially important question, never more important in our national history, as democracy shivers under the looming shadow of the "l'etat-c'est-moi" monarchism of Little King George, Lord Bruce, and their courtiers.
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