Rand Paul’s Process Argument All About Policy

Rand PaulDigby wrote a very interesting article yesterday, Power and Process. It follows off a statement of concern from Rand Paul about President Obama’s executive action on immigration. According to Paul, “[T]here are instances in our history where we allow power to gravitate toward one person and that one person then makes decisions that really are egregious.” And his example, “The president issued an executive order. He said to Japanese people ‘we’re going to put you in a camp.'” Rand Paul is a classic subgenius: he is smart enough to be dangerous, in part because he greatly overestimates his intelligence.

Roosevelt wasn’t acting in a vacuum. Congress wanted the internment and passed a law to enforce it. The people wanted the internment. If it had gone for a vote, it would have passed. And when the Supreme Court ruled on the matter, they upheld it. So how exactly would collective action have helped? How was “The World’s Greatest Deliberative Body” and its mentally retarded brother the House of Representatives going to make this situation better? Digby rightly noted that Paul’s concern here is all about process. So his statement is really vile. The problem with the internment of ethnically Japanese citizens was wrong not because it represented the majority oppressing a minority, but because it wasn’t done the right way.

I realize he didn’t put it that way. He is claiming that when everyone is involved, such things don’t happen. History shows otherwise. Jackson was one of the most popular presidents in history and he oversaw the Trail of Tears and numerous other outrages. The truth of the matter is that like all conservatives, Paul just hates Roosevelt so he wants to put the whole thing on him. Because only Democrats are tyrants. The bottom line is that Paul has the causation wrong. All that was necessary to intern the Japanese-Americans was an executive action because it was hugely popular.

And in the case of Obama today, the executive action was finely crafted. As Greg Sargent noted yesterday, “[I]t shows that the proposal’s legal rationale is tightly circumscribed to reflect that Congressional intent [to relieve humanitarian hardship endured by US citizens].” So the idea that the president is just doing whatever he wants is ridiculous. But that won’t stop the Republicans from screaming about it.

Digby noted that a big part of Rand Paul’s claim here comes from the fact that he simply wants the government to get nothing done. In this way, he is no different from other conservatives. Boehner’s pleading to allow the legislative process to do its job is just another way of saying, “Let us block anything getting done!” And that is another aspect of Mitch McConnell’s plan to make Obama a one term president: stop everything possible until the Republicans are back in power.

Arguments about process are always arguments about policy. We know that Paul would be much more understanding of executive action if a Republican were in the White House. And he would be entirely in favor of it if he were that Republican. So we should forget about these arguments about the right and wrong way to do things — at least so long as we actually do have democratic institutions that set limits. These process arguments are just a cover for people to argue against policy they don’t like but can’t be seen as attacking. Digby put it well:

I no longer fetishize the legislative process because it’s mostly just kabuki anyway. At this point, I’ll take decent outcomes wherever I can get them and be thankful for it since they happen so rarely.

Roosevelt’s executive action was wrong because the policy was wrong. Obama’s executive action is right because the policy is right.

Afterword

To be clear: the argument here is not that process never matters. It is just that in almost all cases, process arguments are disingenuous. Ultimately, the question is policy.

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About Frank Moraes

Frank Moraes is a freelance writer and editor online and in print. He is educated as a scientist with a PhD in Atmospheric Physics. He has worked in climate science, remote sensing, throughout the computer industry, and as a college physics instructor. Find out more at About Frank Moraes.

2 thoughts on “Rand Paul’s Process Argument All About Policy

  1. The GOP wants immigrants. The local COC remarked that it was in favor of Obama’s action, because they love people willing to work hard for more money — AKA, to work hard here for more money than they’d get in their home countries but less than the minimum wage.

    The GOP also wants to appeal to its racist base. So they want immigrants (business wants them) but want to be seen as defending America from furreners. (“Why don’t they learn English!,” said critics of those dastardly European furreners once upon a time.) If the GOP was serious about restricting immigration, they’d support a smack down on companies breaking minimum-wage and labor laws. Nawwww.

    I dearly wish Dems would tie immigration reform to raising the minimum wage and go all-out explaining how ensuring our newest residents receiving a living wage benefits everyone except meat-packing plants and the like. Not gonna happen. I can still wish it!

    • This also allows the Republicans to not do anything the next two years and blame it on Obama. Although there is no need for that. The people have never been inclined to blame the Republicans for anything.

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