Open Thread - 05-16-25 - Stuck in the Middle

Politics in the 2020s are transitory. Not much seems permanent, other than taxes.

Congress

Have you ever noticed lately how worthless congress is? They're a bunch of ineffective do-nothings no matter which side is in power. They've abrogated much of their duties to the executive branch and they're the main reason that the office of the presidency is within a hair's breadth of being a king. Their primary duty is to make laws, do they even do that anymore?

Today, presidential executive orders make much of the new law. Congress drags their feet to codify laws, so with every change of an administration the previous executive orders are nullified by the new president. It's a miracle when a meaningful law is voted on and passed by congress. If the House happens to pass a bill it then goes to the graveyard of legislation, the Senate, where the filibuster, more times than not, guarantees that the bill dies in the 60 vote cradle.

There is no flow when laws change so often, which keeps the electorate in a constant state of change and uncertainty. The true believers love it because it appears they are winning, that is until the other side gains power again. The lack of consistency that would be attained by codifying laws ebbs and flows with the change of administrations, and the electorate gets bounced back and forth like that little square "ball" in that ancient Pong video game.

Pong.jpg
Attribution: Wikimedia Commons

The Executive

Ask a youngster about which branch of government makes the laws and they're liable to say, "the president". The youngster wouldn't be that far from wrong, with all the executive orders flying about. The use of executive orders goes all the way back to George Washington, but for brevity's sake, here's a truncated list of each president's executive order count that only goes back to FDR:

  • Franklin D. Roosevelt 3,721
  • Harry S. Truman 907
  • Dwight D. Eisenhower 484
  • John F. Kennedy 214
  • Lyndon B. Johnson 325
  • Richard Nixon 346
  • Gerald R. Ford 169
  • Jimmy Carter 320
  • Ronald Reagan 381
  • George H. W. Bush 166
  • Bill Clinton 364
  • George W. Bush 291
  • Barack Obama 276
  • Donald Trump (first term) 220
  • Joe Biden 162
  • Donald Trump (second term) 150...so far

You can find the rest of the list here.

Note: I find anything to do with politics put out by wikipedia unreliable, but in this case they had the easiest list to copy and paste.

So you can see that executive orders have been in wide use for a long time. But what seems unique to this modern flare of the practice, in the last few administrations anyway, is how executive orders are used much like the monarchical diktats of old, they last as long as the king is on the throne.

Recent election cycles are dominated by executive orders while congress twiddles its toes. The tripartite balance of power has shifted. The presidency has become too powerful.

The Judiciary

The latest dramatic phenomena is the judiciary blocking presidential executive orders with court orders. It's not really a new phenomena but it seems like it with the explosion of its use. So far, according to this handy dandy Trump Litigation Tracker, there are currently 239 cases against Donald Trump being tracked.

I didn't research that total in relation to litigation cases for past administrations, but I've got to think that's a pretty high count. Is this going to be the new normal?

Is the electorate going to be exposed to suits against the president with every change of an administration, again, like that ancient Pong ball?

I bet so. If this tactic ends up working for the Democrats, why wouldn't the Republicans do the same?

The Hoi Polloi

One side calls the opposition Nazis and fascists and act like it's 1930s Germany. The true believers believe they are doing what the Good Germans should have done in the run up to Hitler taking power, that is, stopping fascism before it takes root.

The other side calls the opposition Communists and Bolsheviks and act like it's 1917 Russia. The true believers believe that communism has already taken root and they need to stomp it out before it spreads even further.

Why is this way of thinking so prevalent? Oh, maybe it's because that's what the propagandist TV and echo-chamber web sites they frequent tell them to think. Oh, and don't let me forget; the politicians themselves also tell the true believers what to think, and in some instances, what actions to engage in.

I see calls almost daily, from both sides of the political spectrum, to do something, anything, to block the other side from holding or regaining power. Even if it means dictatorship.

And then those of us, like myself, that don't cotton to either of those modes of thought, well:

*Here I am stuck in the middle...with you.

*Editor's note: By "the middle", I don't mean as a centrist, I mean "stuck in the middle" of the two warring factions.

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Comments

I insist on not capitalizing nouns that describe politicians, most of the time. I have my own list of adjectives for them as well, but it's too lengthy to post here.

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@JtC There is little our government will do to benefit us. Right now we can't count on anything, laws, prices, rights, everything. All is up to the whims of those with more power and money than us. As you point out each faction shouts at the other side and proclaims evil, but neither will side will do anything that displeases the 1%. Whatever tools and power we thought we had don't work. There don't seem to be any new tools or leaders. And we can't seem to do anything about it.

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@Snode
Lewis Burwell "Chesty" Puller, the most decorated and venerated Marine in the history of the Corps:

They're on our right, they're on our left, they're in front of us, they're behind us; they can't get away from us this time.

I try to keep faith that we'll figure this out, even though we seem to be surrounded.

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QMS's picture

clowns to the left and jokers to the right
does that make centrists serious thinkers?
Ha!
Thanks for the OT.

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Zionism is a social disease

@QMS
I dislike labels and don't consider myself a centrist, but, to answer your question; it makes them as serious as a noncommittal fence sitter could be.

As for myself, I try to eschew as much propaganda as possible, which complicates things since there's so little truth out there, and one really has to wade through the sewer to find it.

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usefewersyllables's picture

The only reason to run for Congress now is to get in on the feeding-frenzy on all the graft, and then to get that nice gummint pension once your "service" is complete. All that unclean stuff like writing or debating legislation just gets in the way of what would otherwise be a floating orgy of pocket-lining.

Not a fan.

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Twice bitten, permanently shy.

@usefewersyllables
a congressperson's life so much easier having the president make all the tough decisions. With that out of the way, they need not have to explain their votes to the constituency back home, and they can concentrate on generating enough lobbyists monies so they can get re-elected to carry on with the grift.

Caligula was on to something when he proclaimed his horse, Incitatus, a Roman Senator. We all know what's under a horses' tail.

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enhydra lutris's picture

are, in a sense, precisely that, orders to the executive branch. Theoretically they cannot create new law or modify existing law, though this latter is a question of degree. They tell government employees and agencies how to operate and cannot tell citizens what to do or not do. However, by telling agencies where to focus enforcement or how to interpret existing statutes, they can indirectly criminalize or decriminalize stuff. As an example, a president could declare caffeine to be a dangerous drug subject to certain existing legal restrictions on possession and use. That would criminalize coffee. However, it would be subject to legal challenge on various grounds. The problem lies with the basis and purpose of such orders as they have come to be promulgated.

We have moved into a somewhat evidence free universe and somewhat anti-science as well. For a large swath of the public and the entirety of government from ageency heads upward opinions are actioable truths and everything is viewed through an ideological lens The argument isn't over whether or not it is legitimate for a government to protect the citizenry, but over what to protect it from and how to do so, and that is largely driven by fundamentally irrational frames of reference. This is true of all branches of government.

As to Congress, this is further complicated here by Article 1, Section 5 of the Constitution:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

This gives us shit like the filibuster rule in the Senate and a ton of silly shenanigans like the "No Hats" rule in the House. All along the way, there are tons of rules empowering the minority, in many cases, a minority of one, to gum up the works in both houses. Couple that with the triumph of ideology over reality and it all devolves into an endless pie fight which, unfortunately, often has severe consequences for we the hoi polloi.

be well and have a good one

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

@enhydra lutris
the reminder of how the government should be run and what it's devolved into, and just how low on the totem pole We The People find ourselves.

Thanks, old buddy.

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snoopydawg's picture

.

but what else is new? The rules based orders just mean that you can change what the rules mean when it’s convenient for government. Take our 20 year, $5-10 trillion war against terrorism where numerous people are in prison for allegedly supporting terrorists. But now it’s okay to not only embrace a real live terrorist, but elevate him to run a country.

The UK is throwing people in jail because it says they are supporting Hamas when they condemn what Israel is doing and all the while they are supporting Jolani in Syria.

Greenwald absolutely nails this fcking hypocrisy.

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The message echoes from Gaza back to the US. “Starving people is fine.”

soryang's picture

USFK commander warns Lee Jae-myung

I think this video short allows a fair inference that the general is trying to influence the election or at least box in Lee Jae-myung in respect to South Korea's defense policy. I noticed the bots in the comments in Korean seemed to be all in support of the notion that Lee Jae-myung is geopolitically speaking incompetent and a danger to South Korea. In my opinion, he is one of the most gifted politicians I have seen.

At least General Brunson didn't make his speech in South Korea itself. Lee gave a campaign speech on the 13th in which he stated, "What matter is it to South Korea in a conflict between China and Taiwan." He also used the expression in Chinese for thankyou 謝謝 , "thankyou to Taiwan, thank you to China." The USFK commander, General Xavier Brunson on the 15th publicly stated that South Korea, Japan, and the Philippines were "the triangle of nations, inextricably linked by mutual defense treaties with the United States, are nations that will undoubtedly be impacted by any crisis or conflict in the Taiwan Straits."

Below are the kind of presumptuous statements an American official can make concerning their role in South Korea, especially when they haven't been there very long. I don't think I've seen anything like this in a while.

The top U.S. commander in South Korea likened the peninsula’s strategic location in the Indo-Pacific to a “fixed aircraft carrier floating in the water” near China, during a keynote address Thursday in Hawaii. Army Gen. Xavier Brunson, who leads U.S. Forces Korea, delivered remarks at the Army’s Land Forces Pacific Symposium in Waikiki Beach, urging attendees to rethink the significance of land-based power in the region. “What immediately stood out to me as I looked at the map was the position of the Korean Peninsula and the fact that it’s on the Asian continent, has a sizable U.S. force posture, is inside the first island chain, and is the closest allied presence to Beijing,” he said. Brunson added: “At night, from a satellite image, [South Korea] looks like an island or like a fixed aircraft carrier floating in the water between Japan and mainland China.”

Read more at: https://www.stripes.com/branches/army/2025-05-16/brunson-south-korea-chi...
Source - Stars and Stripes

I listened to Brunson's entire speech and it was filled with revealing but mistaken concepts, the keystone of which is that Korea is a centerpiece of US military strategy against Russia and China. Also, that North Korea is a tool of Russia and China. I've heard the latter repeated quite a bit lately. This shows a lack of understanding of North Korean autonomy. Brunson said, "USFK's presence in the region is a small part of its Indo-Pacific strategy." He also stated that US airpower enabled other US forces to "act with impunity" although they were smaller than in the past, after having made introductory remarks about WWII. He did emphasize that with South Korean armed forces, the Combined Forces Command, (under his command) had 750,000 troops at its command. This issue referred to as wartime OPCON has been a sore point among South Koreans who regard it as an affront to their sovereignty. The guy with 28000 troops gets to tell the country with 700 thousand plus troops what to do. The South Korean Army is the land power he describes on the Asian mainland.

Korea "as a land power remains a decisive part of our capabilities." This is presumptuous and misguided beyond belief.

Brunson "would put a (US) maneuver force back on the peninsula, if I were king." This would be poorly received by Koreans. He is not king but often USFK commanders think they are. He concludes saying, "in the Indo-Pacific we can and will prevail through land power. Gatchi gapshida. (let's go together)" This USFK/CFC slogan is traditionally directed at North Korea. But the general in his speech announces a change to the mission of the Combined Forces Command.

The full speech is about twenty minutes:

他山之石,可以攻玉。 A stone from another mountain can polish a jade
變革之風興起 A wind of change arises

Thanks for the open thread JtC!

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語必忠信 行必正直

TheOtherMaven's picture

@soryang

to describe Israel. It shows that the Military Masterminds think ONLY of the strategic advantages to the USA, and not at all of the social, political or moral consequences.

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There is no justice. There can be no peace.

soryang's picture

@TheOtherMaven

They always use that aircraft carrier analogy with Taiwan as well.

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語必忠信 行必正直

Cassiodorus's picture

seems to play a prominent part in the analysis of Riley and Brenner:

Under political capitalism, raw political power, rather than productive investment, is the key determinant of the rate of return. This new form of accumulation is associated with a series of novel mechanisms of ‘politically constituted rip-off’.These include an escalating series of tax breaks, the privatization of public assets at bargain-basement prices, quantitative easing plus ultra-low interest rates, to promote stock-market speculation—and, crucially, massive state spending aimed directly at private industry, with trickledown effects for the broader population: Bush’s Prescription Drug legislation, Obama’s Affordable Care Act, Trump’s CARES Act, Biden’s American Rescue Plan, the Infrastructure and CHIPS Acts and the Inflation Reduction Act.footnote3 All these mechanisms of surplus extraction are openly and obviously political. They allow for returns, not on the basis of investment in plant, equipment, labour and inputs to produce use values, but rather on the basis of investments in politics.

In short, we now have a government which feels obliged to make rich people richer before anything at all is accomplished, and you can in part thank Congress for that.

As for the slurs, I'm beginning to think that the whole point is that nobody in the West younger than eighty years old can remember what a real Communist or Nazi or Fascist was like, and nobody reads or does research anymore, so let's use those terms! (We are of course not allowed to discuss the Ukrainian Banderite Fascist beneficiaries of Federal largesse.)

Footnote: George Orwell, an author of the Thirties and Forties, on Fascists:

In order to combat Fascism it is necessary to understand it, which involves admitting that it contains some good as well as much evil. In practice, of course, it is merely an infamous tyranny, and its methods of attaining and holding power are such that even its most ardent apologists prefer to talk about something else. But the underlying feeling of Fascism, the feeling that first draws people into the Fascist camp, may be less contemptible. It is not always, as the Saturday Review would lead one to suppose, a squealing terror of the Bolshevik bogey-man. Everyone who has given the movement so much as a glance knows that the rank-and-file Fascist is often quite a well-meaning person-quite genuinely anxious, for instance, to better the lot of the unemployed. But more important than this is the fact that Fascism draws its strength from the good as well as the bad varieties of conservatism. To anyone with a feeling for tradition and for discipline it comes with its appeal ready-made. Probably it is very easy, when you have had a bellyful of the more tactless kind of Socialist propaganda, to see Fascism as the last line defence of all that is good in European civilization.

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"The Resistance will be patchwork at first, but we’ll find each other
quickly, a constellation flickering to life.." -- Malcolm Harris