The Imperial President? Not so much…


President Obama and Speaker Boehner shake hands at the State of the Union. Photo Credit: By Pete Souza (Executive Office of the President of the United States)

President Obama and Speaker Boehner shake hands at the State of the Union.
Photo Credit: By Pete Souza (Executive Office of the President of the United States)

If you were to add together the average executive orders of President Obama, President Washington, Jefferson, Adams, Madison, Monroe, Quincy Adams, Jackson, Van Buren, Harrison and Tyler (and the first few months of Polk’s Presidency); they’d still add up to less than President Reagan’s average. And so for a Republican Party with a Presidential hero sporting an executive order average of over 11 Presidents (including the current) combined, alongside its recent history of losing the Senate, losing the Presidency twice, losing the popular vote for the House, wildly abusing the filibuster, and generally considered responsible for the shutdown of the government, you might think the Speaker would be a little humble. You’d be wrong. Instead, he’s choosing to sue the President for use of executive powers.

In lieu of addressing wage disparity, or a jobs bill, or working to solve climate change issues, the Republican obsession with the President has become a pantomime. In his memorandum, Boehner’s case lacks substance, whilst also betraying the true purpose of the lawsuit. One of his points reads:

“There is no legislative remedy”

– What this means is, there is no legislative remedy – from a positive PR perspective – to force the President to give in to the demands of the minority Party, and so they’ll pass the buck to the judiciary, whilst throwing around terms like “Executive Monarchy” in the hope that the public will jump on board. There is of course already a legislative remedy to the overreaching of executive power, and that includes de-funding the executive branch and beginning impeachment proceedings against executive branch officials if they feel they have a strong case. They’re also aware that the judiciary has the power the strike down executive orders if they deem it to be unsupported by the Constitution. The Speaker therefore does not have a strong case, and so neither of the previously mentioned legislative remedies serves the GOP well from a PR standpoint, especially after the constant failure of House Republicans to defund the ACA, the obscene abuses of the filibuster, and the disaster of shutting down the government. They’re therefore ignoring the legislative remedies, as if they don’t exist. It is one big publicity stunt, and as with the shutdown, it will be scrutinised thoroughly and reflect terribly on the GOP.

Further, the ill-fated lawsuit that Boehner seeks to bring against the President, will be filed by the Bipartisan Legal Advisory Group – a standing body of the House of Representatives – funded by every taxpayer in the US. If the lawsuit fails – which it will, because the President has not issued an unconstitutional executive order, nor overreached executive power – it will be the second time Boehner has used ‘BLAG’ and failed, costing the taxpayer in the process. It must strike most as incredible that a Speaker has been able to get away with wasting taxpayer’s money on constant symbolic attempts to defund the ACA (knowing they’d fail every time), defending anti-liberty discrimination based on sexuality (for which Boehner used BLAG), on shutting down the government, on a publicity stunt to sue the President, all whilst successfully achieving the title of the least productive Congress in history with disastrously low approval ratings.

The Speaker summarised the President’s use of executive orders as the work of “aggressive unilateralism”, and that the President is in fact an “Executive Monarchy”. Echoing Boehner’s summary, the beacon of wisdom Karl Rove – conveniently forgetting the time President Bush aggressively used signing statements to bypass laws and extend Presidential power – said:

““This is imperial power, this is George III.”

– I’m almost certain King George III did not face such a hostile Parliament, to the point where getting basic aides confirmed by the Senate becomes a long drawn out battle. The implication from Rove and the Speaker, is that the President is abusing the use of executive orders beyond anything that came before. The biggest threat to liberty since George III. So, how does that check out. How does the President’s yearly average of executive orders compare with past Republican Presidents? According to research by The American Presidency Project:

President Obama – Democrat – yearly average: 33.58
President Bush – Republican – yearly average: 36.38
President Bush Sr – Republican – yearly average: 41.50
President Reagan – Republican hero – yearly average: 47.63
President Ford – Republican – 68.92
President Nixon – Republican – 62.30
President Eisenhower – Republican – 60.50

– President Obama has a lower yearly average of issuing executive orders, than any previous Republican President since the 1950s. Compared to those Republican Presidents, he’s a beacon of restraint. Indeed, Obama is issuing executive orders at a rate of 0.09 a day, far below the Republican Presidential average of 0.22 a day (which is higher than the Democrat Presidential daily rate).

To find a lower yearly average on issuing executive orders than President Obama, we have to go back to Grover Cleveland’s first term as President, between 1885 and 1889. The highest in my life time, has been small government, Republican hero, President Reagan. In his first term, President Obama issued 147 executive orders. By contrast, President Reagan in his first term, issued 213 executive orders, and Reagan wasn’t faced with the one of the most hostile and obstructionist Congresses in decades.

If 33.58 magically turns President Obama into King George III, I can imagine 47.63 turns President Reagan into King Henry VIII.

Remember those figures as the Speaker wastes taxpayers money on a frivolous party political publicity stunt over the coming weeks.

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One Response to The Imperial President? Not so much…

  1. Mordanicus says:

    The current GOP does not care about facts. Unfortunately.

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