Wednesday, March 5, 2014

Dave Joyce suddenly finds his voice?

Dave Joyce is my US Congressional representative. He's recently discovered that he's shocked -- outraged -- that Barack Obama has expressed his "willingness to bypass Congress" through executive orders and the various tweaks to the Affordable Care Act implementation, and sent a letter to the local paper expressing his opinion that Mr. Obama's actions are unconstitutional. He practically has the vapors. I assume that right now he's somewhere in Washington, sitting in a chair, fanning himself. As many have pointed out, President Obama has issued far fewer executive orders than his predecessors -- the fewest in over 100 years. And the various tweaks accompanying the implementation of Obamacare are permitted by the law and accepted precedent. I don't think that goes far enough, however. Why has Mr. Joyce suddenly chosen to express his deeply-held concerns about executive power? He is, after all, an attorney. Surely he has long-standing reservation, about George Bush's "breathtakingly robust" view of executive power. What about Mr. Bush's extensive use of signing statements, explaining exactly which parts of laws passed by Congress he planned to enforce, and which he would ignore? Or the series of Bush administration acts beginning with expanding the rules of interrogation, to asserting executive supremacy when combating terrorism, to indefinitely detaining US citizens it deemed enemy combatants, all intended to expand executive authority? After all, the Republicans held Congress at that time, and could have expressed their reservations about executive overreach. The Bush administration began plans to expand Presidential power in January, 2001 -- as soon as they took office. There were no surprises here. If this is so bad, even unconstitutional, now, why wasn't it at that time? Where were Republicans like Mr. Joyce and their principled stances? It's tempting to view Mr. Joyce as a hypocrite, only concerned about Presidential power when there's a Democrat in the White House. I'm sure he'd rather his constituents see him as someone with responsible apprehension about executive overreach. The timing of his statements makes that difficult.