Obama Can Accomplish a Huge Amount By Sidestepping Congress

How to Make Government Work
Nov. 28 2012 12:29 PM

How Obama Can Still Accomplish a Huge Amount—by Sidestepping Congress

Obama
President Obama doesn't need to let Congress get in the way of everything he wants to do.

Photo by Jack Kurtz/Getty Images.

Health care reform, the marquee legislative accomplishment of the Obama administration's first term. was passed before we entered the world of divided government. Today, Republican control of the House makes any transformational law exceedingly unlikely. Progress that requires both House and Senate approval is likely to be incremental and driven by unusual political circumstances—for example, the current imperative that Republicans agree to some form of immigration reform, lest they truly morph into a party of only angry white men, or the obligation to compromise on fiscal issues before the austerity bomb detonates on Jan. 1. 

The reality of split government puts a premium on creativity within the administration. President Obama needs to put the right people in charge of the agencies and then have them push the bounds of administrative power to change policy through those agencies.

Advertisement

President Obama has a pretty good track record of this. Some of the administration's most important first-term accomplishments were administrative or rhetorical: the decision not to deport teenagers, support for same sex marriage, and tougher auto-efficiency standards.

Administrative power should not be underestimated. All you need is the right people and the willingness to take a few risks. And here, with a hat tip to Timothy Noah, who wrote a superb piece for the New Republic focusing on this, are some places where Obama can act without Congress:

On climate change: Use the EPA's power to apply to existing power plants, over time, tough standards on carbon emissions.Also, cancel the Keystone pipeline.

On immigration: Expand the waiver program that now applies only to kids. There are categories of adults who are almost as sympathetic and who should be spared deportation.

On finance: Get the SEC and the other federal agencies to push their rule-making to ensure that finally we give mortgage relief to homeowners whose mortgages exceed the value of their homes. This would undo the harm done by Edward DeMarco, who for years has been able to resist this.

On gun control: Use the government's leverage as the largest purchaser of guns to get gun companies to voluntarily put common-sense limits on the sale of multibullet magazines and semi-automatics.

There is much that can be done even with a Republican house. President Obama should go for it.

TODAY IN SLATE

Frame Game

Hard Knocks

I was hit by a teacher in an East Texas public school. It taught me nothing.

Republicans Like Scott Walker Are Building Campaigns Around Problems That Don’t Exist

How Can We Investigate Potential Dangers of Fracking Without Being Alarmist?

The Best Way to Organize Your Fridge

If You’re Outraged by the NFL, Follow This Satirical Blowhard on Twitter

Video

Hidden Messages in Corporate Logos

Subtle cues from FedEx, Amazon, and others.

Sports Nut

Giving Up on Goodell

How the NFL lost the trust of its most loyal reporters.

Chief Justice John Roberts Says $1,000 Can’t Buy Influence in Congress. Looks Like He’s Wrong.

A No-Brainer Approach to Fighting Poverty: Better Birth Control

  News & Politics
The World
Sept. 16 2014 11:56 AM Iran and the U.S. Are Allies Against ISIS but Aren’t Ready to Admit It Yet
  Business
Moneybox
Sept. 16 2014 12:22 PM Poverty Rates Falls for First Time Since 2006, Remains Way Too High
  Life
The Eye
Sept. 16 2014 12:20 PM These Outdoor Cat Shelters Have More Style Than the Average Home
  Double X
The XX Factor
Sept. 15 2014 3:31 PM My Year As an Abortion Doula
  Slate Plus
Tv Club
Sept. 15 2014 11:38 AM The Slate Doctor Who Podcast: Episode 4  A spoiler-filled discussion of "Listen."
  Arts
Television
Sept. 16 2014 12:05 PM Slim Pickings at the Network TV Bazaar Three talented actresses in three terrible shows.
  Technology
Future Tense
Sept. 16 2014 12:01 PM More Than 3 Million Told the FCC What They Think About Net Neutrality. Why Hasn't Obama?
  Health & Science
Bad Astronomy
Sept. 16 2014 7:30 AM A Galaxy of Tatooines
  Sports
Sports Nut
Sept. 15 2014 9:05 PM Giving Up on Goodell How the NFL lost the trust of its most loyal reporters.