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