Domestic Policy, Infrastructure

Building Back Unified

Road Sign from the Theodore Roosevelt International Highway

It goes without saying that I appreciate the value of highways. Fundamentally, they are the basis on land of the great network of trade routes which go to make up civilization.

Theodore Roosevelt, quoted in in the Montana Guidebook to the Theodore Roosevelt International Highway, 1921

A nation’s transportation network is among its most important sources of economic and geopolitical strength. Few knew this better than Theodore Roosevelt and so it was fitting that the first transcontinental highway was christened with his name after TR’s death in 1919 (see this guidebook from the Montana portion).  It was the precursor of the numbered US Highway system and eventually the Interstate Highway system. All of those projects were designed to unify America and brought Americans together through the experience of travel.

The bipartisan infrastructure bill recently agreed to between President Biden and the Congress is in the tradition of this drive for national unity.  The new bill addresses the sorry state of many of our roads, ports and other critical infrastructure while leaving more controversial issues for later legislation. It authorizes $550 billion in new money over five years along with another $500 billion in previously authorized expenditures (hence the $1 trillion price tag referenced in some news reports). Specifically, the new money will be spent in the following areas:

Transportation– $284 billion to be spent to repair roads, bridges, ports and railways

Utilities– $243 billion for upgrading electric power infrastructure and replacing old pipe to stop lead from leaching into municipal water systems. It also includes $55 billion to extend broadband Internet service to rural communities, which is desperately needed to spur healthy economic development here in the Western states.

Environmental Cleanup – The Superfund program for cleaning up hazardous waste sites, mines and wells has been moribund due to lack of funding. This bill would re-invigorate the program with $21 billion to begin this process anew.

Coincidentally, the $550 billion is almost the same amount spent to build the Interstate Highway System (in 1950’s and 60’s dollars). 

The President’s original proposal was a whopping $2.6 trillion that tried to force through Congress various human needs and climate change programs under the popular brand of “infrastructure”.  Much of this is necessary, but the attempt to enact it through under a deceptive title was divisive and ultimately futile. Both President Biden and the bipartisan group of senators should be congratulated for opting for a unifying bill instead.

The new compromise also grasps the nettle of insuring this program to strengthen our nation does not  weaken it by adding to the budget deficit. It would be financed by almost 500 billion in revenue transfers and new revenues, such as reinstating the Superfund tax on the chemical industry and tightening tax rules on cryptocurrency trading.   A plan to beef up tax enforcement on the wealthy that could have brought in as much as $100 billion was unfortunately dropped but may be included in a bill on the human needs legislation. 

After excoriating Republicans for being obstructionist, it is ironic to see the Democratic House leadership trying to obstruct this bill to compel the adoption of the more controversial climate change and social welfare spending through the budget reconciliation bill.  Our families and neighborhoods need help, but federal dollars will only paper over the underlying problems.  Immigration reform, reshoring manufacturing and education reform will do more in the long term to solve them.  Many Democrats and Republicans believe this as well.  The House leadership should join them rather than their Democratic Socialist wing and unify around this bill as the Theodore Roosevelt Highway and similar infrastructure programs of the past unified the country. 

Coronavirus, Domestic Policy

Wasting America’s Moment

At the beginning of the coronavirus pandemic, I called it “America’s moment” and urged a military-style response.  The American people’s acceptance of the initial lockdown and social distancing measures showed a community spirit that many thought lacking in today’s society. In the end, we met the moment in a uniquely American way – through technological innovation resulting in effective vaccines that would allow us to resume a normal life. Now the resistance to those vaccines risks wasting this moment because of a combination of political pique and selfish independence.

Anti-vaxxers like to seize on the inherent uncertainties of the “fog of war” to quibble with statistics while ignoring the obvious.  It is a fact that COVID cases and hospitalizations are rising significantly among the unvaccinated population for the first time in months due to the new Delta variant.  If you’re above 30 years of age, you have a significantly higher risk of hospitalization or death if unvaccinated.  Moreover, while breakthrough infections are possible, the evidence suggests that persons vaccinated with the Pfizer or Moderna vaccines are less likely not only to acquire the original disease and its variants, but are also less likely to transmit it to others.

Unfortunately, former President Trump and some governors are catering to the anti-vaxxers by opposing or even banning mask and vaccination mandates by local governments and private businesses trying to protect their citizens and continue the return to normal.  A better response would be to encourage vaccinations by enacting a federal worker’s compensation system that would protect workers who have a fear (however much it’s been hyped) of a reaction to the vaccine.  Such a system would also insulate businesses from potential legal liability so they can continue to operate normally.  

Vaccination refuseniks espouse a warped sense of American independence to justify a response that endangers their fellow Americans. They seek to assert their “independence” by exposing themselves and their fellow Americans to painful and expensive hospitalization and even death.  They also jeopardize the normalization of everyday life they claim to crave. As TR said above, a free people must exercise their freedom responsibly.  I challenge all of the unvaccinated to look into Roosevelt’s eyes and tell him why they should be allowed to so endanger their fellow Americans and the American example to the world.   

Domestic Policy, Government, Immigration, Uncategorized

A Blow for Immigration and Governmental Reform

This country will not be a permanently good place for any of us to live in unless we make it reasonably good place for all of us to live in.

Theodore Roosevelt

A federal district court in Houston has struck down the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program and its companion for parents of those children. Specifically, it held that the program was an administrative rule making required to follow the notice and comment process of the federal Administrative Procedures Act (APA).  The failure of the Obama Administration to follow this process rendered the program illegal. CNN helpfully included a copy of the Order and Opinion of the court here. The decision is not only a step towards effective immigration reform, but also strikes a blow against the power of the administrative state. 

The court essentially took up the issues ignored in the US Supreme Court’s Regents of the University of California opinion that I previously discussed here.  This decision struck down the attempted rescission of the DACA program by the Trump Administration as itself violating the APA while glossing over the illegalities in the original rulemaking. This new federal court opinion turns the tables and focuses on those infirmities, noting that the Supreme Court itself held that DACA was not simply a passive non-enforcement policy. Instead, it conferred affirmative immigration relief such as the right to receive a work permit and the right to travel abroad without permission.  It did so despite admitting in the original memorandum that only the Congress could confer affirmative immigration relief. The district court’s opinion built on Justice Clarence Thomas’s dissent in the Regents opinion by highlighting the real reason for the program – the inability of successive Presidents to unite the Congress and country around an immigration bill that included effective limits and enforcement as well as the necessary relief for longtime residents. 

The district court was mindful of the hardships an immediate cessation of the program would cause to current participants and simply prohibited further expansion of the program for the time being. The Biden Administration has announced that it will appeal the order and urged Congress to pass a bill fixing the problem. The administration’s latter position is correct. Both political parties need to look beyond the twin corruptions of identity politics and corporate contributions to pass a comprehensive immigration reform legalizing the status of the “Dreamers” and creating real enforceable limits on future immigration as I advocated in this post. A truly comprehensive answer to the immigration crisis would be a new beginning for insuring the American Dream for both lifetime citizens and immigrants alike.