One can’t help wondering what she would make of President Trump’s use of Twitter to announce policy initiatives. Major changes in government policy are suddenly released in a tweet, to be followed soon after by an executive order implementing the change. Very efficient indeed, or is it? Let’s take a closer look at traditional policy making and the new, improved (?) Trump version.
In what has been the normal policy process in democratic nations such as Canada and the United States, the initial policy ideas may arise from political leaders, from the public service, or from interest groups raising issues or concerns. Wherever it begins, some research is then undertaken with respect to the matter at hand. As the policy initiative takes shape, it is discussed and probably modified somewhat by the head of government and the cabinet ministers. If approval from the legislative branch is required, a bill is introduced and then debated in both houses. By the time the policy idea becomes law its scope and implications have been discussed publicly and there is at least some understanding of what it will mean. Even if the policy is to be enacted only through an executive order, there would be at least some research undertaken. As an absolute minimum, government lawyers would confirm whether or not the proposed initiative is one for which there is legal authority to act.
The traditional policy making process is far from perfect. There are many political trade-offs, support or opposition to a measure may have little to do with its intrinsic merits and everything to do with trying to gain political advantage. The U.S. system of checks and balances lends itself all too easily to obstruction, a trend accentuated by the increasing polarization of the political parties and their core supporters. Otto von Bismarck, prominent 19th century Prussian statesman who helped to create the German Empire and became its Chancellor, may not have exaggerated when he said that “laws are like sausages; it is better not to see them made.”
Trumpian Policy Making
In his first few weeks in office, President Trump has introduced what might be termed stream of consciousness policy making. He seems to have little time for briefings or consultation with public officials. Instead, it appears that whatever thought crosses his mind at a particular moment may become a policy announcement in 140 or fewer characters via his ever-active Twitter account. In some cases, these tweets are followed by hastily prepared executive orders that the President signs. Not only is there no indication that public servants are involved in this exercise but also members of his own party are not consulted or advised and they learn about the initiatives at the same time as the rest of the world. The result, as has been amply demonstrated, is usually a period of uncertainty, confusion, and legal challenges.
The best (worst) example is the President’s peremptory ban on immigration from seven Muslim-majority countries. Yes, he had promised to crack down on Muslim immigration during his election campaign, but this new policy was not developed in consultation with those with a background in immigration or law (as is evident from the results summarized below). Instead, the executive order was apparently shaped by two of Trump’s closest political advisors, Stephen Bannon (former head of the extreme right Breitbart website) and Stephen Miller.
The result was mass confusion. There was chaos at airports, where officials had no idea how to implement the executive order. Green card holders and interpreters who served alongside the U.S. military in war-torn countries were caught up in the new restrictions – to the dismay of American veterans. Since the ban extended to dual citizens from any of the seven countries designated, many Canadians were initially caught by this new rule, until an exemption was announced for them. There have been numerous legal challenges and the ban has been halted, for now, as a result of a ruling by a federal judge – immediately attacked on Twitter as a “so-called” judge by the President.
Trump’s policy proposals are particularly problematic when they arise from one of his angry responses to those who don’t agree with him. Thus, when a number of cities pledged to be “sanctuary cities” which would not prosecute undocumented immigrants, Trump tweeted that he would remove federal funding to these cities. A President has no such authority and there had already been at least one previous court ruling to this effect.
Trump is not the first President to issue executive orders and, indeed, a great number of them were used by Obama, prompting strong criticism from Republicans. But Obama resorted to this approach primarily because almost all of his initiatives were automatically rejected and blocked by a Congress dominated by Republicans. Trump faces a Congress even more strongly aligned with his party – and yet he has resorted to executive orders frequently in his first few weeks of office without even bothering to find out whether he has the support of Congress and without even informing Republican members in advance of his pronouncements.
Time for a Reality Check
Former reality TV star Donald Trump needs to understand that he is no longer acting on a television show. He is not playing a CEO who gets to announce “you’re fired.” He is not the CEO of the U.S. He is President of the United States, one part of a larger system of government. One can only hope that he will soon come to understand the need to work in conjunction with Congress and the courts, and within the constitution.