The Importance Of Executive Orders In A Post-Constitutional Order

Constitution,Donald Trump,Federalism

An idea developed in my book, “The Trump revolution: The Donald’s Creative Destruction Deconstructed” (June, 2016),” rests on the importance of Executive Orders in a post-Constitutional order. Steve Bannon seemed to hold a similar view. An excerpt from Fire and Fury by Michael Wolff:

Bannon’s strategic view of government was shock and awe. In his head, he carried a set of decisive actions that would not just mark the new administration’s opening days but make it clear that nothing ever again would be the same. He had quietly assembled a list of more than 200 executive orders to issue in the first 100 days. The very first EO, in his view, had to be a crackdown on immigration. After all, it was one of Trump’s core campaign promises. Plus, Bannon knew, it was an issue that made liberals batshit mad.

Bannon could push through his agenda for a simple reason: because nobody in the administration really had a job. Priebus, as chief of staff, had to organize meetings, hire staff, and oversee the individual offices in the Executive-branch departments. But Bannon, Kushner, and Ivanka Trump had no specific responsibilities — they did what they wanted. And for Bannon, the will to get big things done was how big things got done. “Chaos was Steve’s strategy,” said Walsh.

On Friday, January 27 — only his eighth day in office — Trump signed an executive order issuing a sweeping exclusion of many Muslims from the United States. In his mania to seize the day, with almost no one in the federal government having seen it or even been aware of it, Bannon had succeeded in pushing through an executive order that overhauled U.S. immigration policy while bypassing the very agencies and personnel responsible for enforcing it.

The result was an emotional outpouring of horror and indignation from liberal media, terror in immigrant communities, tumultuous protests at major airports, confusion throughout the government, and, in the White House, an inundation of opprobrium from friends and family. What have you done? You have to undo this! You’re finished before you even start! But Bannon was satisfied. He could not have hoped to draw a more vivid line between Trump’s America and that of liberals. Almost the entire White House staff demanded to know: Why did we do this on a Friday, when it would hit the airports hardest and bring out the most protesters?

“Errr … that’s why,” said Bannon. “So the snowflakes would show up at the airports and riot.” That was the way to crush the liberals: Make them crazy and drag them to the left.

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