“The premise of the unitary executive doctrine is that all officials who execute federal law must be accountable to the president. That means that the president typically must be able to fire agency leaders and other top government officials at will — a view that the Supreme Court upheld in 2020.”
“The Court’s previous decisions..have some language suggesting that any action taken by an agency led by a director who is unconstitutionally shielded from presidential accountability is void — and that’s certainly how the plaintiffs in Collins read those decisions. They argued that literally every action taken by the FHFA since its creation 13 years ago must be declared invalid.
Had the Supreme Court agreed with this approach, it would have meant that all of the hundreds of billions spent to prop up Fannie and Freddie were spent illegally. It’s hard to even imagine how to unravel these transactions, and the process of doing so could have sparked another housing crisis similar to the catastrophic 2008 meltdown.
In any event, when confronted with the possibility of being responsible for one of the greatest financial crises in modern American history, Justice Alito blinked, as did most of his colleagues. Collins did not lead to an apocalyptic event; instead, it will stand as a warning of what can go wrong if the Court is too cavalier about remaking our constitutional system in a conservative image.”
“Though the head of the FHFA must be removable at will by the president, Alito argues in his opinion that “there was no constitutional defect in the statutorily prescribed method of appointment to that office” — that is, an FHFA director who is nominated by the president and confirmed by the Senate may still exercise executive power. Their previous actions are not void.
It’s as good a reason as any not to light the nation’s economy on fire.”
“In many ways, the 2020 election was basically like every recent American presidential election: The Republican candidate won the white vote (54 percent to 44 percent, per CES), and the Democratic candidate won the overwhelming majority of the Black (90 percent to 8 percent), Asian American (66 percent to 31 percent) and Hispanic (64 percent to 33 percent) vote. Like in 2016, there was a huge difference among non-Hispanic white voters by education, as those with at least a four-year college degree favored Biden (55 percent to 42 percent), while those without degrees (63 to 35) favored Trump. (There wasn’t a huge education split among voters of color.)1
Other surveys tell the same general story: Trump won white voters overall by a margin in the double digits and won whites without four-year degrees by even more; Trump lost among whites with at least a four-year college degree, lost by a big margin with Asian American and Latino voters and lost by an enormous margin among African Americans.
So the main reason that Trump nearly won a second term was not his increased support among Latinos, who are only about 10 percent of American voters and are a group he lost by more than 20 points. Trump’s main strength was his huge advantage among non-Hispanic white voters without college degrees, who are about 42 percent of American voters. His second biggest bloc of support was among non-Hispanic white Americans with degrees, who are about 30 percent of all voters. According to the CES, over 80 percent of Trump’s voters were non-Hispanic white voters, with or without a college degree. In contrast, around 70 percent of nonwhite voters supported Biden, and they made up close to 40 percent of his supporters. So it is very much still the case that the Republicans are an overwhelmingly white party and that the Democratic coalition is much more racially diverse.”
“Trump did 7 percentage points better among Asian American voters in 2020 compared to 2016, 4 points better among Hispanic voters and 1 point better among both white and Black voters, per the CES. Biden did 4 percentage points worse among Asian American voters and 1 points worse among Hispanic voters compared to Hillary Clinton, while doing 1 point better among Black voters and 3 points stronger among white voters compared to Clinton.
“Other surveys and precinct-level data suggest that the Trump swing among Hispanics could have been larger than CES found, with Trump gaining in the upper-single digits and winning the support of over 35 percent of Latino voters. (Ultimately, we will never know exactly how different racial and ethnic blocs voted, since people aren’t required to state their race or ethnicity when they cast ballots.) But generally, the story of 2020 is that Trump did better with Asian American and Hispanic voters than in 2016, while Biden did better than Hillary Clinton among non-Hispanic white voters.”
“just one of 34 currently active national emergencies—each coming with its own special powers that the president can use until he decides to stop. The longest-running was invoked by President Jimmy Carter in response to the Iran hostage crisis (which ended in 1981, though the “emergency” never did). Other emergencies authorized by Presidents Bill Clinton, George W. Bush, Barack Obama, and Donald Trump are still humming along too, many with no obvious end in sight.
Congress can respond to presidential emergency declarations by disapproving of them after the fact, which it occasionally does.”
“But doing so requires a supermajority of both chambers and, generally, Congress can’t be persuaded to get off its collective duff.”
“Under a bill the two senators reintroduced..all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.”
“the bill is undermined by the fact that Paul and Wyden propose to exempt some presidential powers, such as those granted by the International Emergency Economic Powers Act (IEEPA), which allows presidents to impose sanctions on foreign officials and businesses deemed a threat to American national security. The powers granted by the IEEPA form the basis of many of the 34 ongoing national emergencies”
“On October 19, 2015, Canadians voted to end nearly a decade of Conservative Party government and elect a new government led by Liberal Party leader Justin Trudeau. Just over two weeks later, on November 4, Trudeau was sworn in as prime minister.
Five years earlier, a very similar series of events played out in Great Britain. On May 6, 2010, Britain held its most recent election where control of its government changed partisan hands — voters tossed out the incumbent Labour Party government and replaced it with a coalition led by the Conservative Party’s David Cameron. Just five days after the election, Cameron became prime minister.
Modern democracies, in other words, can and do transfer power very rapidly — and much faster than the two and a half months that separate President-elect Joe Biden’s election on November 3, 2020, and his inauguration on January 20, 2021, the official transition date established by the 20th Amendment. French President Emmanuel Macron won election on May 7, 2017, and was sworn in just one week later. Indian Prime Minister Narendra Modi’s Bharatiya Janata Party won his election on May 16, 2014. He became prime minister just 10 days later. Japan’s Abe Shinzo, the last Japanese politician to preside over a transition of partisan rule, also took office 10 days after his party won an election.
The dangers of a long lame-duck period have come into stark relief in the wake of last week’s storming of the US Capitol. America’s lame-duck period gave insurrectionists loyal to President Donald Trump two full months to plan the putsch that briefly occupied the Capitol and forced lawmakers to flee in terror — and they were egged on this entire time by a president who encouraged them to stage a “wild” protest while lawmakers formally certified Biden’s victory on January 6.
Meanwhile, as the sitting president, Trump retained command and control over both federal law enforcement and US military forces that eventually helped secure the Capitol. For unclear reasons, the Pentagon was reportedly slow to approve emergency requests to send troops to regain control of the building. And, for as long as Trump is president, the nation’s capital will need to rely on the Trump administration to protect against future violence.
Even before Trump seemed to cheer on a violent attempt to overthrow Biden’s incoming government, the lame-duck president spent the post-election period doling out pardons to his cronies and handing out medals to his most sycophantic loyalists in Congress. While Trump’s abuse of the pardon power has been particularly egregious, it’s hardly unprecedented. President George H.W. Bush pardoned several former officials involved in the Iran-Contra scandal more than a month after he lost his bid for reelection. President Bill Clinton pardoned his half-brother, as well as wealthy fugitive Marc Rich, during his final days in office.
American history is replete with examples of outgoing presidents who actively sabotaged their successor during the lame-duck period — sometimes in the middle of a historic crisis.
The United States, in other words, pays an enormous price for its long lame-duck period. There’s no good reason the US cannot join Canada, Britain, France, India, Japan, and other nations in transitioning swiftly to a new administration after a presidential election.”
“I don’t entirely understand the polls-were-wrong storyline. This year was definitely a little weird, given that the vote share margins were often fairly far off from the polls (including in some high-profile examples such as Wisconsin and Florida). But at the same time, a high percentage of states (likely 48 out of 50) were “called” correctly, as was the overall Electoral College and popular vote winner (Biden). And that’s usually how polls are judged: Did they identify the right winner?”
“the margins by which the polls missed — underestimating President Trump by what will likely end up being 3 to 4 percentage points in national and swing state polls — is actually pretty normal by historical standards.”
“However, there are nevertheless reasons to be concerned about the polls going forward, especially if it’s hard to get a truly representative sample of people on the phone.”
“Voters and the media need to recalibrate their expectations around polls — not necessarily because anything’s changed, but because those expectations demanded an unrealistic level of precision — while simultaneously resisting the urge to “throw all the polls out.””
“The Trump administration’s approach to immigration enforcement has been aggressive and deliberately punitive in a way that Obama’s was not. Beyond the appalling family separation policy, Trump’s sought to restrict both legal and illegal immigration in ways that no president in recent history has. He’s shifted one of America’s two major parties in a nationalist, xenophobic direction—or perhaps he owes his success to the fact that it had already shifted that direction, but that’s no better—and elevated people like Stephen Miller to places where they can set policy. That’s all horrifically bad.
But he was only able to do most of that because previous presidential administrations—not just Obama and Biden, but plenty of others before it—built a powerful leviathan dedicated to preventing the free movement of people.”
“For the first time in more than half a century, an outgoing administration is stonewalling an incoming one at every level — with no intention of relenting.”
“There are no briefings being given about coronavirus, troop drawdowns in Afghanistan and Iraq, or aggression by China and Iran. No background checks being done for job applicants. No security clearances being conducted for potential Biden staffers.
The silence could continue into December, when states must certify their results to Congress, according to several Republicans familiar with the expected plans. Until then, they said, Trump and his team will continue to assert the election was fraudulently stolen from them, using unsubstantiated allegations of voter fraud to file lawsuits and recounts challenging the results.
It’s a situation without parallel since at least 1963, when a federal law implemented modern presidential transition procedures, mandating the sharing of office space and the spending of money for the process.
The posture threatens to leave Biden’s team unprepared in January when it takes over a millions-strong federal workforce, according to officials who worked for Republican and Democratic presidents and lawmakers of both parties. And, they added, it sends a message to the world that the United States, generally a model across the globe, is vulnerable and unable to administer a seamless transition of power.”