Friday, November 15, 2019

Daily Read: Attorney General Bill Barr on Executive Power

In a speech at the Federalist Society's 2019 National Lawyers Convention, Attorney General William Barr expounded on separation of powers, arguing that Trump has been treated uniquely:

"It is no exaggeration to say that virtually every major policy of the Trump Administration has been subjected to immediate freezing by the lower courts. No other President has been subjected to such sustained efforts to debilitate his policy agenda."

Further Barr argued that

Indeed, measures undertaken by this Administration seem a bit tame when compared to some of the unprecedented steps taken by the Obama Administration’s aggressive exercises of Executive power – such as, under its DACA program, refusing to enforce broad swathes of immigration law.

The fact of the matter is that, in waging a scorched earth, no-holds-barred war of “Resistance” against this Administration, it is the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law.  This highlights a basic disadvantage that conservatives have always had in contesting the political issues of the day.  It was adverted to by the old, curmudgeonly Federalist, Fisher Ames, in an essay during the early years of the Republic. 

In any age, the so-called progressives treat politics as their religion.  Their holy mission is to use the coercive power of the State to remake man and society in their own image, according to an abstract ideal of perfection.  Whatever means they use are therefore justified because, by definition, they are a virtuous people pursing a deific end.  They are willing to use any means necessary to gain momentary advantage in achieving their end, regardless of collateral consequences and the systemic implications.  They never ask whether the actions they take could be justified as a general rule of conduct, equally applicable to all sides. 

Conservatives, on the other hand, do not seek an earthly paradise.  We are interested in preserving over the long run the proper balance of freedom and order necessary for healthy development of natural civil society and individual human flourishing.  This means that we naturally test the propriety and wisdom of action under a “rule of law” standard.  The essence of this standard is to ask what the overall impact on society over the long run if the action we are taking, or principle we are applying, in a given circumstance was universalized – that is, would it be good for society over the long haul if this was done in all like circumstances?

For these reasons, conservatives tend to have more scruple over their political tactics and rarely feel that the ends justify the means.  And this is as it should be, but there is no getting around the fact that this puts conservatives at a disadvantage when facing progressive holy far, especially when doing so under the weight of a hyper-partisan media.

An interesting read in light of other events.

The video is available on YouTube here.

 

 

 

https://lawprofessors.typepad.com/conlaw/2019/11/daily-read-attorney-general-bill-barr-on-executive-power-.html

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