CenterlineRight: Congress is Our One Layer Cake

I have previously written about my disdain for Executive Orders (EOs). Admittedly, there are times (like NOW) when EOs are used to unwind nonsensical federal rules and regulations and we get a sugar high reaction of celebration and joy. Alas, the problem with sugar highs is that they go away when the sugar dissolves. Also alas, the problem with EOs is that they get tossed out by subsequent Executives…i.e. Presidents. Ergo, EOs are the sugar highs of the political world.

The sudden surge of Executive Orders began with Obama and has accelerated since that time. Trump undid Obama’s EOs. Biden undid Trump’s EOs. Trump undoes Biden’s EOs. Does anyone actually believe that the next Democrat president won’t undo Trump’s recent EOs (Yes…that will eventually occur)? The rare and thoughtful application of Executive Orders is a remedy permitted by our Constitution that allows independent presidential actions necessitated by unusual circumstances…but yet respects the critical balance of power among our three branches of government. The exercise of EOs we have witnessed by our last four presidential administrations is neither rare nor thoughtful. Notwithstanding the wisdom and common sense exhibited by several of the EOs, they are nonetheless aberrations of the way our government is supposed to work and the spiraling use of them by our presidents is not a good trend for our nation.

Anyone who has ever attempted to bake a cake easily understands the additional challenges presented by building one layer upon another when creating this culinary product. The layers must be uniform and symmetrical; the icing must be evenly distributed with just the right touch of flourish in just the right spots. It might be easy for some, but the few times I have attempted it in my life…it has been quite a challenge. Give me a single layer and I can reasonably manage it. Give me one or two more layers and it gets comical real fast.

In some ways, the method that our Congress uses to pass legislation is analogous to baking a cake. Far too often, they stick to the one layer model. Even when the subject of the debate is of critical importance, they pontificate endlessly, spouting empty and shallow platitudes. In their ego-driven minds, the mere fact of doing something is far too often their singular goal. Simply doing something often results in a watered-down bill that would be better off dying on the floor. What their proper goal should be is doing something well. They are too lazy, too simple-minded, or too frustrated to go for the two (wow…that’s a lot of 2s) or three-layer masterpiece that our country really needs. That second and third layer requires a lot of thought, debate, compromise, and statesmanship and that is simply a bridge too far for today’s congressional representative.

When our Legislative Branch fails to pass legislation that is complete, specific, and thoroughly detailed…it presents a significant degree of discretionary authority that is passed onto the Executive Branch and its army of political appointees; it is baked in the cake. Since Obama, presidents and their minions have been far too eager to take this discretionary authority and run with it. They have filled in the legislative gaps with their own political agendas and by doing so; have effectively usurped the authoritarian power that is constitutionally placed in the Legislative Branch.

Why would the House and Senate do this to themselves? Why would they relegate themselves to being either lockstep disciples of a same-party regal president or the wailing and constant critics of an opposite-party pariah chief executive? Why would they voluntarily relinquish the power, authority, and responsibility granted to them by our nation’s blueprint…handing it over to a governmental branch that is officially and legally designed to be nothing more than their equal…and certainly not their superior?

It is because of all those 2s I mentioned earlier. Above all else, they lust for power and longevity. They are political animals and have lost sight of their clearly simple and admittedly complex task of passing 12 appropriation bills annually to keep our government running. Twelve! Not only that, but they have given up on writing legislation that reflects a clear and concise vision for the subject matter of the legislation. America has 435 Representatives in the House and 100 Senators with hundreds of staffers. The simple challenge is ONE APPROPRIATION BILL PER MONTH. This … should … not … be … difficult.

The first layer of this legislative cake is the over-arching idea. It might be national defense; it might be national health care; it might be national immigration policy. The second layer builds upon that first layer with a plan that actually transforms this idea into a reality for our citizenry; a real solution for a real problem. The third layer is on top and deservedly the most visible layer of all. It is the federal workforce, the everyday civil servants that will be tasked with the delivery of these great ideas.

Our Congress has devolved to the point where it spends all of its time and energy on the base layer, takes a quick celebratory lap around the Capitol kitchen, and then goes home to brag about their perceived accomplishment. They send their masterpiece over to the White House and, in their minds…their cake is always blue ribbon worthy. It is typically half-baked. The second layer is never fully completed by Congress and the job of finishing it up falls upon the Executive Branch and its Cabinet Secretaries, along with their assorted Department Heads and Assistants. They fill in the gaps through the use of EOs and administrative actions so that the great venture can continue its life and bend towards their own political agendas. Sometimes their layer is consistent with the first; but many times it is quite different and simply serves to distort the sweet treat. This two-layered effort that is clearly an unfinished confectionary product is now passed down to the grass-root grunts who will face off with the public and try to explain exactly how this bureaucratic bundle of complexity and contradiction will make their lives … so…much …better. Far too often, the resulting cake is misshapen, slapped together, and frankly not too damn appetizing.

The correct response to this glut of EOs lies with Congress simply doing its job. Stop baking dozens of cupcakes and assorted pastries when your only job is turning out twelve three-layer cakes. Don’t stop at the single layer; take the time to add that second and third layer so it is a finished product. Give the President the detailed map of what your legislation is supposed to solve and how that legislation is to be administered. Do the work. Do your job. If Congress will do that, and if the Judicial Branch will support them as constitutionally required, then the President will have little choice but to do his or her job and stay off the Legislative Branch’s yard. Or to put it another way…out of the Congressional Kitchen.

And of course…there are times when others get in the President’s kitchen: https://reason.com/2025/02/19/trump-has-good-reason-to-complain-about-limits-on-his-ability-to-fire-executive-officers/

There is a serious and timely national and international debate ongoing about what constitutes freedom of speech…

As CBS beclowns itself: https://jonathanturley.org/2025/02/18/the-american-moment-critics-prove-vances-point-on-the-threat-of-the-anti-free-speech-movement/#more-228902

Our Vice-President is shining on the world stage: https://jonathanturley.org/2025/02/17/the-threat-from-within-j-d-vance-delivers-a-historic-defense-of-free-speech/

Be careful Mr. President that you practice what you preach: https://reason.com/2025/02/14/trumps-white-house-says-gulf-of-mexico-is-misinformation/

A moment of moral clarity would be welcome from our President…

As I have written many times before, very few people are truly qualified to comment intelligently about America’s foreign policy. The world of international politics is a multi-layered, onion-like challenge that requires wisdom, patience, experience, and courage. The one place where a layman observer might venture in and make a valid comment is in the area of moral clarity. I am not sufficiently studied to comment on the character of Zelenskyy; I simply understand that he is the recognized leader of Ukraine. I have a difficult time understanding how these public comments by the Trump Administration serve to settle the Russia-Ukraine war: https://www.newsmax.com/world/globaltalk/zelenskyy-dictator-envoy/2025/02/20/id/1199788/

Ukraine is not a democracy like America. It does however share many of the values that Americans hold dear. Although the Ukrainian government might be corrupt, inept, and perhaps have a darker side…they are not the bad guys in this conflict. Russian leadership is one small step away from the evil organization that I will discuss below in this piece that is known as Hamas. They share essentially none of the values that Americans cling to. They have repeatedly invaded their neighbors with impunity and barbarous intent…and with no apologies. They are clearly the aggressors and the bad guys in this war.

I can appreciate the high degree of difficulty the Trump Administration is dealing with in trying solve this riddle. Biden handed them a colossal mess and the European nations have been literal bystanders. Trump’s bragging about how the war would not have occurred had he been president is self-serving and arrogant, but nonetheless bears some truth. The manner in which the Biden Administration slow-walked U.S. aid to Ukraine early in the war was a crucial mistake and it bypassed an opportunity to end the war relatively quickly. Instead, it has drug on for over three years with unimaginable carnage.

But Trump’s lecturing to the Ukrainian leaders should not be occurring in the public arena; this type of rhetoric should be behind closed doors in private negotiations. Regardless of his remarks lauding the bravery of the Ukrainian people, they are also rightly offended by his clumsy comments regarding the status of their homeland. If Trump wants to talk publicly about this war, I would love to see him stand up before the world and call out Russian leadership for being the barbarians and warmongers that they are; the same way he talks about Hamas. I would love to hear him admire the courage and sacrifice of the Ukrainian people as they have defended their homeland; much as Americans did in their struggle for independence. Yes, the conflict must end and yes, there must likely be some compromise on the part of the Ukrainians. But let there be no mistake about it: Russia started this war; Russia is the bad guy in this conflict; and any settlement that does not shout those facts out to the world with conviction and clarity will only encourage future incursions by Russian leadership.

Trump’s DOGE continues to drain the swamp and turn over rocks…

https://amgreatness.com/2025/02/18/dont-let-up/

https://freebeacon.com/trump-administration/the-inspector-general-scandal-that-wasnt/

https://amgreatness.com/2025/02/15/cleaning-out-the-federal-stables-trump-style/

https://reason.com/2025/02/14/the-5-worst-things-about-the-consumer-financial-protection-bureau/

https://reason.com/2025/02/14/why-is-foreign-aid-going-to-american-farmers/

https://www.nationalreview.com/corner/no-more-student-loan-forgiveness/

And it is driving the Democrats bat shit crazy…

https://jonathanturley.org/2025/02/19/were-winning-across-the-board-raskin-takes-a-slightly-premature-victory-lap-just-before-a-slew-of-court-losses/

https://amgreatness.com/2025/02/20/tom-hanks-margaret-brennan-and-the-european-ministers-reveal-it-all/

A few quick hits on the way out the door…

Competition in education can be a good thing: https://reason.com/2025/02/15/could-school-choice-work-at-the-federal-level/