Bypassing McConnell: Democrats push Biden to aggressively use executive power
By: Sahil Kapur (NBC News)
Democrats should be preparing themselves for a 2022 shellacking. Urging Joe Biden to use executive power to pursue a political agenda that voters have rejected isn't a winning strategy.
S E E D E D C O N T E N T
Democratic senators are calling on President-elect Joe Biden to use executive power to advance goals such as tackling climate change, relieving student debt and creating a more progressive immigration system.
The calls from senators reflect a recognition that Democratic lawmakers may not be able to pass a transformative legislative agenda after under-performing in congressional races. And unless Democrats win two Georgia Senate runoffs on Jan. 5, Biden will be the first president since 1989 to enter office without his party controlling both chambers of Congress.
"The president-elect, beginning on January 20, should act as aggressively as possible to reverse the effects of the four years of Donald Trump, and to advance a more positive and effective agenda to make the United States the leader in fighting the climate crisis," Sen. Ed Markey, D-Mass., told NBC News.
He said Biden can re-enter the U.S. into the Paris climate accord and slap new fuel economy standards on vehicles and energy-efficiency requirements on appliances. Markey said Biden should "test the outer limits of his powers" through administrative action.
The push for executive action is also an attempt to nudge Senate Majority Leader Mitch McConnell, R-Ky., not to stonewall Biden's agenda, by dangling the prospect of going around Congress, as President Donald Trump often did with Republican support.
"I think President Biden has significant executive power. And anybody who doubts it? Look at his predecessor," said Sen. Ron Wyden, D-Ore.
Sen. Brian Schatz, D-Hawaii, who led a 263-page Democratic report on climate action, said the president has "enormous power" over the issue, between international accords and within agencies.
"From Treasury to State to Interior (departments) and the financial regulators, climate action and climate risk management has to be infused into literally everything," he said.
Sen. Elizabeth Warren, D-Mass., and Senate Minority Leader Chuck Schumer, D-N.Y., have pushed for Biden to use his powers under the Higher Education Act to cancel up to $50,000 in debt to federal student loan borrowers.
The calls for use of executive power comes as McConnell maintains control of the Senate, at least for now, and it will be a point of contention with moderates like Sen. Joe Manchin, D-W.Va., who have called on Biden to govern through bipartisanship and consensus.
Even if Democrats capture both Georgia seats and take control of the Senate, McConnell would retain the power to filibuster legislation and force a 60-vote threshold. And Democrats' shrunken House majority shortens Speaker Nancy Pelosi's runway to pass major legislation.
Some Democrats fear a repeat of what occurred under the previous administration.
"My concern is — we all know what happened with Barack Obama. Mitch McConnell came right out of the gate and just said, My big goal is to keep Barack Obama from getting a second term," Wyden said. "So the question already is: Is he teeing this up for the same sort of strategy?"
Biden "should be looking at executive actions," said Sen. Mazie Hirono, D-Hawaii. "He's not gonna let the Senate and Mitch McConnell — if he still is holding forth — to stop what we need to be doing for our country."
Hirono said if Biden's nominees are blocked by the Senate, he should take a page from Trump's playbook and unilaterally appoint them in temporary or acting capacities.
"We've watched Mitch. He's ruthless," she said. "And he apparently doesn't care about the impact of his blocking everything on the country. He's done it before."
A McConnell spokesperson didn't return an email seeking comment on Friday.
Jeff Hauser, a progressive strategist who runs the Revolving Door Project that vets Cabinet appointees, said Biden should not wait for Congress to pass new laws but to look for existing laws to advance his agenda. He said climate regulations can be beefed up through the 1963 Clean Air Act and corporate excesses can be curtailed using the 1890 Sherman Antitrust Act.
"You don't necessarily need to pass new laws to solve problems. You can implement old laws," Hauser said. "Our basic message is that each agency and department should utilize the statutory tools at their disposal to make positive change, rather than waiting for some complicated sequential game developed by the White House and Congress."
The courts could be a hurdle for Biden. The Supreme Court's new 6-3 conservative majority may have a more limited view of the extent of Biden's executive authority after Republicans replaced the late liberal icon Ruth Bader Ginsburg with conservative Amy Coney Barrett one week before the election.
Hauser urged Biden not to be "intimidated" by potential court defeats, arguing that a judicial blockade of popular policies could be useful as a campaign issue in the 2022 midterm elections.
"Biden's going to need to be willing to lose on occasion to clarify the stakes, rather than avoiding potential defeat at all costs, which at times was a guiding mentality in the Obama years," he said.
Jamal Brown, a spokesman for Biden's transition team, said his agenda will include executive power.
"President-elect Biden is taking action now to address the devastating COVID-19 pandemic and implement his agenda on Day One, using both executive action and legislation, to build a more resilient and sustainable economy, fix our broken and unjust immigration system, ensure every American has a fair shot into the middle-class, and create millions of good-paying union jobs," Brown said.
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Democrats were trying to buy votes with agenda promises that voters obviously rejected. If voters wanted an agenda that tackles climate change, relieves student debt, and creates a more progressive immigration system then the 2020 election would have been a blue wave.
So it is OK for a president to act like a dictator and an authoritarian as long as they are a liberal democrat progressive huh?
Why wouldn't he ?
Voters rejected those issues. Otherwise there would have been a blue wave.
Joe Biden can use executive power to do all sorts of things. But if voters think Biden is only playing politics instead of doing something important then there will be a backlash.
Trump lost the House in 2018. That didnt stop him from issuing executive orders.
What do you want Biden to do? whatever McConnell wants? rofl.
Elections have consequences.
Over eighty million voted to reject Trump!
Joe Biden using executive power isn't the problem. The problem is issuing executive orders for political goals that voters rejected. If President Biden focuses attention on the wrong things there will be a backlash.
Interesting. Yes, Donald Trump lost the election. But that blue wave didn't happen.
What is fascinating is that Democrats are celebrating Trump's loss but don't have anything to say about Joe Biden. Biden isn't even on the Democratic radar.
79 898 990 is not over 80 million .( I know, using the new progressive method of mathematics, you at least tried and that makes you correct./s)
Over 72 million rejected Biden.
That's what we told you for four years.
it will be closer to 7 before done, and splitting heirs is what needs be done to the won who thinks he did, Mr. Pro for Pro Quid, Mr. could shoot one on 5th avenue and his supporters would still forgive, Mr. i LIE and people DIE instead of live, Mr. 3 million MORE voted for Hillary for sure, yet my supporters sure have heads like a sive, all while not Civil , just cause not, as he shives more than he got, in prison he deservedly deserves to get shived and shanked a hole lott
Big Botherer – Ben Garrison Cartoon
Do As I Say- Not As I do All countries have sociopathic predators who crave political power. It’s a drug…
cool. use trumpski's playbook on the GOPers, and when they complain, tell them to go suck it ...
If Republicans were smart, they would cede the two Georgia Senate races to the Democratic candidates. That would be the worst possible outcome for the Democratic Party.
if u say so
He’s right because the resulting overreach by Dems would cause a replay of 1994, 2010, and 2014 when they did so.
by Trump and the gop is deserved of such
I see no reason why Biden should not use Trump's method of Executive Orders. Why was it okay for Trump and not for Biden? If Democrats are considered "Progressives" then what is being established these days is that Republicans are "Obstructionists".
Let's look at your complete misstatement.
The majority of Trump's EO's were undoing "Mr I have a cell phone and pen" EO's and EA's. You know, Trump's predecessor that didn't like working with Republicans in Congress; and had numerous executive overreaches. Including DACA- which Obama himself admitted he had no power to save repeatedly.
Of course the left are outraged that their king's laws were revoked. Biden will have to break all records for EO's and EA's to get what Obama had put back in place; and then build his legacy on it. Of course the next Republican president can come in and undo all the damage again.
We have 3 equal branches of government for a reason. No president should be able to remove the Congressional role in law making; but both sides still try.
Claiming that Trump is ruling by EO/EA the way Obama did is a complete lie.
Are you saying that I'm a liar? At least I'm not a fabricator - I never even mentioned Obama or any Trump predecessor.
This is all getting so very boring.
Obstructing bad ideas is an important role for Congress. Joe Biden using executive power isn't a bad thing. But when executive power is used to bypass Congress to implement bad ideas then there will be a backlash.
Donald Trump did not lose the election because of his executive orders or policies. Donald Trump lost the election because of his public persona. And Joe Biden did not win the election because of his policy agenda. Joe Biden won because he isn't Trump. If voters wanted Joe Biden's (and Democrats') policy agenda then Democrats would not have been punished down ballot.
Voters rejected the things that Joe Biden claims he will put in place with executive power. There wasn't a blue wave. If Joe Biden uses executive power to put in place bad ideas that voters rejected then there will be a backlash.
I believe there are more reasons than that.
Well there were the lies told about him from the left and their allies the mainstream media
Was it a lie that he delayed warning the public about the seriousness of the virus when he learned about it?
Was it a lie that he used xenophobic racist language whenever he mentioned the virus?
Was it a lie that he held big rallies when crowds were dangerous for spreading the virus?
Was it a lie that he used the White House as a backdrop for campaign events contrary to the Hatch Act?
Was it a lie that he used the music of musicians at his events without the permission of the composers, even after being told not to, and is being sued for doing so?
Was it a lie that he ignored the agreement by his debate team that he would comply with the debate rules?
I'm sure there are a lot more lies that others can point out.
In principle I agree. That would be true for any PotUS.
Now, after that, the specifics matter.