Never Let a Crisis Go To Waste

Mike Coté

Mike Coté is a writer and podcaster focusing on history, Great Power rivalry, and geopolitics. He has a Master’s degree in European history, and is working on a book about the Anglo-German economic and strategic rivalry before World War I. He writes for National Review, Providence Magazine, and The Federalist, hosts the Rational Policy podcast, and can be found on Twitter @ratlpolicy.

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32 Responses

  1. Chip Daniels says:

    Bizarre to read an essay on expanding executive power without seeing the term “Unitary Executive” or referencing 9-11 or the names Dick Cheney, John Yoo or Marc Thiessen.

    Or even referencing the current legal battle over the limits of Executive Privilege and classification.

    I bet a fascinating conversation could result.Report

  2. Pinky says:

    First article on this site? Interesting stuff.

    There was also an attempt to cast police violence as a health crisis a few years back, even using it as a justification to override practical pandemic recommendations. I could see that approach continuing as well.Report

    • InMD in reply to Pinky says:

      I dunno. I’ll be the first to criticize the way the police reform thing went. Unfortunately activist groups have gone totally off the rails with nonsensical academic theories instead of treating it as the more mundane government accountability problem that it mostly is.

      At the same time, shouldn’t law enforcement abuse of power be among the top concerns of people worried about emergency measures evolving into permanent avenues of tyranny? Or do we do the strange sorting of priorities? Like where the guy handing out SNAP cards is the road to serfdom, but the drooling buffoon feeling you up at the airport or the keystone cops kicking in doors and shooting people because they might have banned plants at 4 AM is the thin line between civil society and murderous chaos?

      I mean when I saw those folks showing up carrying weapons to protest temporary, weakly enforced lockdown orders it was hard not to laugh. Like, they’ll tolerate mass surveillance, SWAT team insanity, a huge architecture of unaccountable executive authority attached to military power, but this is where they drew the line?

      At some point one must ask what the principle actually is.Report

      • Pinky in reply to InMD says:

        I brought up that example in reference to the idea of extending the definition of “crisis” for political control. There are arguments to be made about law enforcement but those extend beyond the scope of this article. I understand that a person can be worried about dictatorial powers and the surveillance state for the same reason, but that wasn’t the subject of the article. Also, etiquette requires that we give the new guy room to develop his points before we start putting him in a box.Report

  3. Chip Daniels says:

    I think this would be a great way discuss the issue through our own Rawlsian veil, where we don’t know if we are talking about President Trump or President Biden.

    I’d start off by acknowledging the need for emergency powers, but also for Congress and the courts to have the ultimate oversight.

    But thats the sort of bland rote response you get from a textbook.

    The more pressing issue in our particular moment is that the structures of governance all assume a degree of good faith adherence to democracy by at least two of the three branches of government in order for the checks and balances to work.

    I don’t think that can be assumed any more.Report

  4. Philip H says:

    Many of the examples you cite – including immigration – result from anCongress that has abdicated its responsibility to legislate and a court system stacked to one political side by a multi-decade single focused political March. Against that backdrop the only actor left me n the federal square is the president.Report

    • Dark Matter in reply to Philip H says:

      When we have actual emergencies, funding the giving to Ukraine weapons for example, we act.

      It’s less “Congress has abdicated its responsibility” as it is “the problem doesn’t have an obvious solution that is politically acceptable” or “the problem isn’t big enough to fix”.

      Further “a multi-decade single focused political March” is another way to say “the will of the people”. That’s the system working the way it’s supposed to. It’s a feature, not a bug.

      We will now have the politicians make abortion laws and then need to face the electorate with them rather than have philosopher kings decide how many months of pregnancy was written into the Constitution.

      Me not liking the policy doesn’t make it an emergency.Report

      • Chip Daniels in reply to Dark Matter says:

        What is often overlooked is that dictatorship is also the “system working as it is supposed to”.

        There’s nothing about the American system of government that guarantees the outcome of liberal democracy.

        If the people accept dictatorship, dictatorship they’ll get.

        And history shows that dictatorship is very popular.Report

      • Philip H in reply to Dark Matter says:

        Immigration is both big enough to fix and has had numerous solutions proposed to it. Congress has consistently refused to legislate under presidents of both parties.

        Hell – congress is required by the constitution to appropriate funds annually and can’t even do that consistently.Report

        • Dark Matter in reply to Philip H says:

          Immigration is both big enough to fix and has had numerous solutions proposed to it.

          Immigration is no where close to being so big that it MUST be fixed.

          It doesn’t threaten the country, nor any specific state. The number of “dreamers” (whom we more or less have agreement on what to do with) is about a half million. Roughly 0.2% of the population.

          Any solution would STILL likely not fix a lot of the problems. We’d still need border walls and so on. Further “proposals” is not “agreement” on what to do. The anti-immigration groups are very loud and determined. The pro-immigration groups are weak and divided.

          This is an issue that gets addressed once every 50 years or so. Bush2 came close but 911 put an end to that.

          Congress isn’t picking it up because it’s not especially important and the public doesn’t want a solution.Report

          • Philip H in reply to Dark Matter says:

            If the polling has any believability the public does want it addressed. And just like with abortion there are majorities that have coalesced around certain solutions over and over. The lack of forward political
            Progress – again like abortion – refracts a congress unwilling to legislate on an issue that impacts it’s gravy train.Report

            • Dark Matter in reply to Philip H says:

              If polling had any believability then Trump never would have been President.

              Polling is polling, voting is voting, and the political system cares about polling only to the extent that it reflects voting.

              Edit: And we’ve gone from “needs to be addressed” to “kind of, sort of, would maybe like for it to be addressed, if it doesn’t interfere with other priorities”.Report

  5. brett h says:

    while i’m with you in terms of the thrust, you’re only telling half the story. yes, democrats have historically been the more egregious in terms of declaring and abusing national emergencies, but both historically elsewhere and recently in the US, nationalists on the right have both coveted and grasped for the same power. heck, every president since REAGAN has declared at least 5 national emergencies. here’s a running tally:

    reagan: 6
    hw bush: 5
    clinton: 17
    g bush: 13
    obama: 12
    trump: 11
    biden: 6

    given the facts, the singular focus and representation of this as a problem with democrats feels borderline intellectually dishonest. it’s a problem– but it’s not a one-sided problem, particularly lately.Report

    • Dark Matter in reply to brett h says:

      Agreed about bsdi.

      Here’s a link on what national emergencies we’re dealing with: https://en.wikipedia.org/wiki/List_of_national_emergencies_in_the_United_States

      A raw count obscures more than it revels. The bulk of these are responding to other people’s wars or revolutions. Putting four specific heads of a state on a nasty list because they’re engaged in mass murder is probably fine, even as an “on going emergency”.

      911 still being an on-going emergency is probably not fine and is an example of what he’s talking about. Trump’s covid response is a weird example… he’s removing various federal license requirements so doctors from other states can provide services via tele-health.Report