Even if legislation is guaranteed to fail, proposing it now creates a credible future threat that officials will be prosecuted for overreach, serving as a powerful deterrent against current abuses.
When government officials like Fed Chair Powell face legal action from the administration, they cannot use agency funds for their defense. This high personal financial burden creates a powerful chilling effect, scaring qualified individuals away from government roles and encouraging resignations.
Cheering for a president to use executive orders or emergency powers is short-sighted. The opposition will eventually gain power and use those same expanded authorities for policies you oppose, creating a cycle of escalating executive action.
Treat government programs as experiments. Define success metrics upfront and set a firm deadline. If the program fails to achieve its stated goals by that date, it should be automatically disbanded rather than being given more funding. This enforces accountability.
When Congress fails to act on a major crisis, executive agencies may stretch their existing legal authorities to address the problem (e.g., the COVID eviction moratorium). This often leads to legal challenges and accusations of overreach that stem from legislative paralysis.
To counter what he sees as unprecedented corruption and bigotry, Prof. Scott Galloway suggests Democrats should promise a public reckoning for the Trump administration, akin to the Nuremberg trials, arguing their current response is too weak.
Introducing legislation in Congress isn't always about immediate passage. Bills frequently function as messaging vehicles to build awareness and support for an idea over several congressional terms. This gradual process allows for the evolution of major policy, like the creation of new government agencies, which rarely happens in a single two-year cycle.
Beyond headline-grabbing scandals, the most insidious impact of a kleptocratic administration is its refusal to enforce existing laws, from financial regulations to anti-corruption acts. This quiet dismantling of the legal framework fosters a culture of impunity where bad actors thrive, ultimately harming ordinary people and destabilizing the entire system.
The expansion of executive power and erosion of political norms, such as state intervention in corporate decisions or attacks on media, will not be reversed. Future administrations, regardless of party, are unlikely to relinquish these new powers. A Democrat could use state capitalism to promote renewables just as a Republican uses it for oil.
The criminal indictment threat against Fed Chair Jerome Powell is not merely a dispute over central bank independence. It's a tactic to make an example of a high-profile official, signaling to all government employees the consequences of defying the administration and forcing out perceived opponents.
The best political outcomes emerge when an opposing party acts as a 'red team,' rigorously challenging policy ideas. When one side abandons substantive policy debate, the entire system's ability to solve complex problems degrades because ideas are no longer pressure-tested against honest opposition.