Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Three ways a conservative finds Trump overstepping his bounds amid pandemic

Opinion

President Donald Trump
Mandel Ngan/Getty Images
Griffith is a research fellow specializing in financial regulations at the Heritage Foundation, a conservative think tank.

Stalemate continues in Congress over how to next mitigate the lingering economic pain inflicted by the coronavirus shutdown. Nearly all House members and senators publicly agree on the need to provide assistance to those impacted by this economic crisis. Yet, despite almost six months of discussion, legislation remains elusive.

President Trump has identified similar concerns and repeatedly expressed support for additional aid. And because of the lack of congressional action, he has aggressively explored an array of possible executive actions linked to existing statutory authority.

Much of this authority granted by Congress is either expansive or vaguely defined. Since our nation's founding, presidents have tested its outer limits. In response, Congress has often shirked its constitutional mandate to check the president from exceeding these limits. In addition, over the decades Congress has proactively ceded large swaths of its responsibilities to the executive branch. As a result, the executive branch wields power unimagined by the Founders.

Recent executive orders on payroll tax deferments, unemployment compensation and eviction moratoriums highlight the importance of restoring the balance of power envisioned by our founders. Our Constitution gives Congress the ultimate power to levy taxes, allocate spending and create law. The executive branch, headed by the president, bears the responsibility of faithfully executing those laws.

Earlier this year, Congress granted businesses leeway to defer until the end of 2022 the employer portion of the Social Security tax owed on the remainder of this year's wages. However, Congress chose not to defer the taxes for the employee portion. So Trump issued an executive order suspending collection of the employee portion for the rest of the year.

Regardless of desired economic outcome, the president lacks clear statutory authority to suspend collection of the tax in this manner.

Furthermore, most businesses are hesitant to transmit deferred taxes to employees. After all, employers still must remit these taxes, albeit at a delayed date. When the IRS bill comes due, they will be forced to withhold these deferred taxes from the paychecks of their workers.

The attempt to alter tax policy through executive order has frustrated the administration's desire to provide workers with a boost in take-home pay during the economic uncertainty.

Next, consider the state of federal unemployment benefits. The end of July marked the expiration of a weekly boost of $600 that had been provided since March under the last recovery package, known as the CARES Act. Ever since, Congress has failed to enact additional aid to the more than 11 million made jobless during the pandemic.

To lessen the blow, Trump issued an executive order directing that as much as $44 billion in the disaster aid reserves of the Federal Emergency Management Agency be used to provide $300 weekly in benefits (matched with $100 state payments) to anyone eligible for jobless insurance under the CARES Act. These funds were depleted in less than two months.

The president only embarked on this novel approach following Congress's failure to find a legislative solution. Unfortunately, the executive order sets a precedent of unilaterally declaring a federal emergency and then using that emergency to redirect appropriations.

Trump's third big move was on eviction moratoriums. He issued an executive order protecting all residents of rental properties until the end of the year. This order was predicated on the Public Health Services Act , which authorizes regulations "necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the states or possessions, or from one state or possession into any other." Examples listed in the law include "inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures."

So what legal rationale links an eviction moratorium to this authority? The clearest connection seems to be this part of the order: "Eviction moratoria — like quarantine, isolation, and social distancing — can be an effective public health measure utilized to prevent the spread of communicable disease."

But is a ban on evictions related to preventing the international or interstate spread of communicable diseases? Here are the facts: Total relocations in a typical year far exceed the number of evictions experienced even in the depths of the Great Recession at the end of the last decade. Then, the number of evictions failed to top 1 million households annually — or fewer than 2.5 million individuals. In contrast, more than 30 million Americans moved from one location to another last year in a healthy economy.

A blanket moratorium that fails to target a tenant's underlying health condition or coronavirus symptoms strays far from the express intent of the law Trump cited. Even the order itself hints the ban is meant as an economic relief measure, not a tool to protect the public from the spread of disease. For instance, the moratorium excludes people not in poverty or otherwise able to pay their rent.

In the midst of the current economic storm, the president's desire to help revive the economy and give relief to Americans who continue to suffer is understandable. And given the lack of action by a dysfunctional and politically divided Congress, it's understandable Trump is pursuing alternative approaches to alleviate the economic pain.

But our system of government, including enumerated powers and separation of powers, requires each branch to stay in its assigned lane. Creating economic policy through executive order threatens a further encroachment of the executive branch upon the legislative branch.

Reversing this long-term trend requires Congress to reassert its responsibility to legislate — and for the executive branch to once again focus on executing the law as written.


Read More

DHS Funding During the Shutdown
Getty Images, Charles-McClintock Wilson

DHS Funding During the Shutdown

When Congress failed to approve funding for the Department of Homeland Security for the remainder of this fiscal year in February, almost all of its employees began to work without pay. That situation changed, however, on April 3, when President Donald Trump issued a memorandum ordering the DHS secretary and director of the Office of Management and Budget to “use funds that have a reasonable and logical nexus to the functions of DHS” to pay its employees and issue back pay.

Trump shifted money to avoid the political embarrassment that would be caused by the collapse of airport security screening through the actions of disgruntled agents and the disruption to air travel that would ensue. But it’s legally dubious.

Keep ReadingShow less
From Colombia to Connecticut: The urgent need to end FGM in the Americas

Journalists gather in front of the Connecticut State Capitol Building during a press conference on SB259 and an anti-FGM art installation

Bryna Subherwal, Equality Now

From Colombia to Connecticut: The urgent need to end FGM in the Americas

Across the Americas, hundreds of thousands of women and girls are living with or have undergone female genital mutilation (FGM). These affected populations are citizens and residents of countries where protections are incomplete, entirely focused on criminalisation, inconsistently enforced, or entirely absent.

FGM is not a “foreign” issue. It is a human rights violation unfolding within national borders, one that all governments in the Americas have the legal and moral responsibility to address.

Keep ReadingShow less
House Democrats and Republicans Clash over Free Speech in Higher Education

Rep. Burgess Owens, R-Utah, addresses the chamber in front of a portrait of George Miller.

(Matthew Junkroski / MEDILL)

House Democrats and Republicans Clash over Free Speech in Higher Education

WASHINGTON — Witnesses and representatives sat in silence as Rep. Burgess Owens, R-Utah, spoke about how universities should strive for intellectual diversity and introduce controversial ideas. Rep. Alma S. Adams, D-N.C., agreed with his rhetoric, but went on to criticize her Republican colleagues for standing in the way of free expression.

“Unfortunately, what we often see, especially in hearings like this, is not a good faith effort to strike that balance, but a selective narrative,” Adams said. “My colleagues on the other side of the aisle frequently claim that there’s a free speech crisis on college campuses, arguing that universities lack viewpoint diversity and silence certain perspectives.”

Keep ReadingShow less
Republican Attacks on Citizen Ballot Measures Undermine Democracy

Election workers process ballots at the Orange County Registrar of Voters one week after Election Day on November 12, 2024 in Santa Ana, California.

Getty Images, Mario Tama

Republican Attacks on Citizen Ballot Measures Undermine Democracy

In October 2020, Utah’s Republican Senator Mike Lee delivered a startling but revealing civics lesson in the aftermath of that year’s vice-presidential debate between Kamala Harris and Mike Pence. He tweeted, The United States is “not a democracy.”

“The word ‘democracy,’’’ Lee wrote, “appears nowhere in the Constitution, perhaps because our form of government is not a democracy. It’s a constitutional republic….Democracy isn’t the objective….” The senator said that the object of the Constitution was to promote “liberty, peace, and prospefity (sic).”

Keep ReadingShow less