Wednesday, December 8, 2021

The three branches reinforce legitimacy.

From Vaccine Mandate Exemplifies How President Joe Biden Has Become Lawmaker‐​In‐​Chief by William Yeatman.  He is exploring a couple of aspects of modern evolved government which I think are root cause to many of our current problems.

Congress has become lazy, abandoning the hard work of compromise by delegating authority to the Executive branch. Consequently, laws are created without the consent of the people's delegates. 
 
Congress has delegated too much un-supervised authority to agencies and departments, effectively making those agencies and departments undemocratic and unaccountable to the people.

The President in the Executive branch has increasingly sought to legislate via these delegations, thus removing the voice of the people (the house and the senate) from governance.

 It is a worthwhile article.  

However, I was quixotically much more absorbed by the wording of the second paragraph.  

Biden has been issuing executive orders at an unprecedented clip for modern presidents — 71 and counting. If he sustains this pace through the year, Biden would almost double the combined annual average of his three immediate predecessors. The New York Times even called him out in an editorial titled, “Ease up on the executive actions, Joe.”

What does "almost double the combined annual average of his three immediate predecessors" mean?  I think it means that Biden has issued almost twice as many executive orders as the sum of each of his three predecessors did in their first years combined.  

This would imply Trump, Obama, and Bush, each used Executive Orders about 12 times in their first year.  That totals 36.  Doubling that is 72, slightly more than Bidens 71.  Even this calculation isn't quite right because the reporter indicates that his formulation will be true only if Biden keeps up the pace.  Presumably each of those president used more than a dozen executive orders in their first year.  

But looking here for information on Executive Orders by administration, I can't see data for the first year of administrations.  But on average Bush II, Obama, and Trump were issuing some 30-50 EOs a year.  

Ah, I have it.  It is not about the first year of each of those administrations.  If you average the the average annual number of EOs for Bush, Obama, and Trump it is (36+35+55/3) = 42 EOs per year.  Biden in his first year is on track to issue somewhere between 71 and 86 EOs.  With these numbers "He would almost double the combined annual average of his three immediate predecessors" is true.  

Interesting and awkward wording while also requiring some fairly arcane and detailed knowledge to interpret.

The thing is, the point is worth making but it is hard to word well.  Perhaps something like:

At his current rate of issuing Executive Orders (likely to be in the vicinity of 80 by the end of the year), Biden will have outpaced the average EO issuance of every previous president back to Jimmy Carter (whose average was exactly 80 EOs per year).  After Carter, all the successor presidents issued on average between as few as 30 per year and as many as 53 per year.  Across all those presidents (Reagan, Bush I, Clinton, Bush II, Obama, and Trump), they averaged 44 EOs per year.  Biden has exceeded them by 82%, nearly double.

Not ideal, but provides enough to understand the point.  Biden can't get anything past Congress which in turn is using every trick to avoid compromise legislation.  Consequently we are ending up with more extreme policies which are not endorsed by the people's delegates.

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