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      Biden, Congress and the Eroding Separation of Powers

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      A curious constitutional drama unfolded in the nation’s capital last week. Having failed to pass a moratorium on evictions, members of Congress took to the steps of the U.S. Capitol to demand that President Biden impose one.For his part, Mr. Biden strode into the White House briefing room and suggested that the prerogative to make policy on the issue lay with Congress.Soon enough, though, Mr. Biden relented, and Democrats celebrated. As policy, it was a progressive victory. Constitutionally, it was both troubling and bizarre.The issue was not simply whether the moratorium was constitutional, though the federal courts have questioned the statutory authority the Centers for Disease Control and Prevention claimed. The underlying constitutional derangement pertained to the way members of Congress and the president were eager to endorse each other’s authority without exercising their own.Democrats might protest that they had no choice but to turn to the White House because Republicans would not support a legislative moratorium. That may be, but the framers would have expected the defense of legislative power to take precedence over a policy dispute.The framers assumed that each branch of government would maintain the separation of powers by jealously guarding its authority from encroachments by the others. The evictions episode was less tug of war than hot potato: Congress wanted the president to use executive authority, and the president wanted the legislature to legislate.Democrats are not the only ones refusing to defend legislative authority. Republicans denigrating the House investigation into the insurrection of Jan. 6 — a physical assault on one branch of government incited by another — are unwilling even to defend the institution bodily.The acid test of separation of powers is whether members of Congress are willing to assert their authority against a president of their own party. Democrats failed that on evictions, just as Republicans did by handing off authority to Donald Trump. Given this bipartisan consensus for presidential authority, it may be time to acknowledge reality: The concept of the separation of powers — which depends on members of Congress unifying to protect legislative power — has collapsed in the United States. We have become a de facto parliamentary system in which competing parties battle for executive power. The problem is that we have acquired all the vices of such a system but none of its virtues.A parliamentary system typically has the effects of discouraging demagogues and ensuring competence, by seasoning leaders on the journey from the backbenches to the ones at the front. By contrast, three presidents who served before Joe Biden — George W. Bush, Barack Obama and Mr. Trump — arrived in the White House as either newcomers or latecomers to national office. Parliamentary systems also feature vigorous debates with real consequences. Governments rise and fall on the basis of their legislative agendas. Debates in Congress are largely stagecraft, with actual governing being relegated to a vast executive branch empowered to turn vague laws into detailed policy.The primary vice of parliamentary systems is their incompatibility with the separation of powers. James Madison felt this separation was so important that the lack of it was “the very definition of tyranny,” even if concentrated powers were exercised benignly. Montesquieu warned that when executive and legislative power are mixed, “there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws will execute them tyrannically.”The separation of powers should not be romanticized. The only president to rise fully above party was the first one, and George Washington took office before parties solidified. But even after that, the fact that presidents and members of Congress were elected by different means, with different institutional loyalties, still enabled them to curb each other’s abuses.There are almost no curbs now. One might say elections control presidents, but Mr. Trump’s efforts to undo the 2020 presidential contest, which culminated in Jan. 6, showed that check is fragile. In addition, a single official who can marshal the direct power of his or supporters may be particularly dangerous, as Mr. Trump’s incitement leading up to and on Jan. 6 also demonstrated.These are palpable risks today. Between elections, presidents essentially run American government. Republicans and Democrats in Congress play the auxiliary part of either supporting or opposing whoever occupies the White House. Congress generally cedes the initiative on legislation to the executive branch, reserving for itself the role of merely reacting to the president.This obsession with the presidency also crowds out other advantages the separation of powers should provide. Legislators are chosen geographically in the United States, which ought to mean they reflect not only local interests but also the nuances of diverse views about national politics. Instead, many elections at all levels are proxies for national issues that are increasingly seen as civilizational battles. When Americans vote for members of Congress today, they are largely voting for parties that increasingly operate in lock step. In 2020, 16 out of 435 congressional districts voted for different parties for the White House and House of Representatives. That is less than 4 percent of congressional districts, down from as much as 40 percent in the 1970s and 1980s.Also lost in the collapse of geographic representation is Madison’s definition of the representative’s role: to “refine and enlarge the public views.” That presumes both acquaintance with those views and the judgment required to align them with the public’s true interest.Legislative debates now rotate around the president, often because the presidency is seen as an instrument for defending or capturing a legislative majority. That is characteristic of a parliamentary system. But because one is either for or against the president, a system that orbits the White House strips legislators of their ability to exercise independent judgment from issue to issue.If legislative issues are simply symbols of presidential fortunes, we should expect partisan gridlock: Alliances will solidify around the presidency or the majority rather than shifting from issue to issue. Democrats and Republicans may be able to push a president slightly in one direction or another, or block him or her altogether, but the presidency remains the center of attention. The bipartisan infrastructure deal, for example, originated in negotiations not between members of Congress but between them and the White House.Finally, by empowering all three branches of government to check one another, the separation of powers forces the nation to look at issues from different angles: the immediate and parochial perspectives of representatives, the national view of presidents and the constitutional outlook of the courts.The problems with abandoning the separation of powers may be difficult to see if one supports the current president, but it should not take much imagination to contemplate why you wouldn’t like having the bulk of national powers being exercised by a president with whom you disagree. Presidents now sit atop vast administrative apparatuses. They could easily abuse this power, such as by rewarding friends and punishing adversaries. The point for Montesquieu and Madison was not whether they actually did, but whether they could. And the ability to abuse power often leads to the abuse itself.The deliberate adoption of a parliamentary system would still entail these risks. But it might at least have conferred some of that system’s benefits. As it stands — with Congress unwilling to unite against even a physical assault incited by the president — we have maintained the empty shell of the separation of powers around the core of a partisan system. The result is a system capable of abusing citizens but not governing them. It would be difficult to conjure a worse combination.Greg Weiner (@GregWeiner1) is a political scientist at Assumption University, a visiting scholar at the American Enterprise Institute and the author of “The Political Constitution: The Case Against Judicial Supremacy.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      McGahn Likely to Testify on Trump's Efforts to Obstruct Russia Inquiry

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      A delay is said to have stemmed from an initial threat by former President Donald J. Trump to intervene, but he apparently reversed course.WASHINGTON — President Donald J. Trump’s former White House counsel, Donald F. McGahn II, has agreed to testify behind closed doors before the House Judiciary Committee sometime next week about Mr. Trump’s efforts to obstruct the Russia investigation, according to two people familiar with the matter.Lawyers for House Democrats, the Justice Department and Mr. McGahn had tentatively struck a deal to provide the testimony earlier in May. But the scheduling was delayed for weeks while they waited to see what Mr. Trump, who was not a party to the agreement, would do.Mr. McGahn’s agreement to testify — with President Biden’s permission — was contingent upon there being no active legal challenge to his participation in the matter, according to the two people, who spoke on the condition of anonymity because of the legal and political sensitivity of the matter.Immediately after the deal was announced this month in a court filing, a lawyer for Mr. Trump had conveyed that the former president intended to intervene. Former presidents can invoke executive privilege, although courts weigh that against the view of the incumbent president, and Mr. Trump could have sought a court order blocking Mr. McGahn’s testimony.But late last week, the people said, the lawyer for Mr. Trump — Patrick Philbin, a former deputy White House counsel in the Trump administration who is continuing to help handle his post-presidential legal affairs — said that Mr. Trump would not be intervening after all.Mr. Philbin, who did not respond to a request for comment, is said to have provided no reason for the about-face.While he was president, Mr. Trump vowed to stonewall “all” congressional subpoenas, and taxpayer-funded lawyers with the Justice Department fought lengthy court battles and appeals that succeeded in running out the clock on the possibility that House Democrats would obtain the information they were seeking before the 2020 election.Now that Mr. Trump is no longer president, however, there is at least one major difference: To keep litigating over the matter, Mr. Trump would have to pay the legal costs himself.The McGahn case stems from the House Judiciary Committee’s desire in 2019 to question him about matters related to his role as a key witness in the report by the special counsel, Robert S. Mueller III, about efforts by Mr. Trump to impede the Russia investigation.But after the panel subpoenaed Mr. McGahn to testify, he refused to appear, on Mr. Trump’s instructions. The committee sued, and the case went through several rounds of legal fights over various constitutional issues that lacked definitive precedents because previous such disputes had generally been resolved with a negotiated compromise.Currently, the case is pending before the Court of Appeals for the full District of Columbia Circuit on the question of whether Congress has a “cause of action” that permits it to sue the executive branch. Under presidents of both parties, the executive branch has argued that Congress does not, and the Biden Justice Department had signaled that it was prepared to keep arguing that position if no accommodation could be reached.The deal averts the uncertain outcome of further such litigation — but also means that the next time a fight emerges over a subpoena from the House to the executive branch, the Justice Department will be able to start fresh in prolonged litigation over that unresolved issue.Under the deal, according to a court filing, there will be strict limits on the testimony Mr. McGahn will provide. He will testify behind closed doors for a transcribed interview, rather than in public.Only lawmakers on the House Judiciary Committee may attend. And they may ask Mr. McGahn only about information attributed to him, or events involving him, in the publicly available portions of the Mueller report.The deal also says that the parties will get up to seven days to review the transcript for accuracy before it is made public, suggesting that it would be disclosed sometime in the second week of June. More

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      Beneath Joe Biden’s Folksy Demeanor, a Short Fuse and an Obsession With Details

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      As Mr. Biden settles into the office he has chased for more than three decades, aides say he demands hours of debate from scores of policy experts.WASHINGTON — The commander in chief was taking his time, as usual.It was late March, and President Biden was under increasing pressure to penalize President Vladimir V. Putin of Russia for election interference and the biggest cyberattack ever on American government and industry. “I have to do it relatively soon,” he said to Jake Sullivan, his national security adviser. More

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      The Stock Market Loves Biden More Than Trump. So Far, at Least.

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      Stocks have soared under the new president, and the Dow has generally preferred Democrats since 1901. But don’t count on that for the future.From the moment he was elected president in 2016 through his failed campaign for re-election, Donald J. Trump invoked the stock market as a report card on the presidency.The market loved him, Mr. Trump said, and it hated Democrats, particularly his opponent, Joseph R. Biden Jr. During the presidential debate in October, Mr. Trump warned of Mr. Biden: “If he’s elected, the market will crash.” In a variety of settings, he said that Democrats would be a disaster and that a victory for them would set off “a depression,” which would make the stock market “disintegrate.”So far, it hasn’t turned out that way.To the extent that the Dow Jones industrial average measures the stock market’s affection for a president, its early report card says the market loves President Biden’s first days in office considerably more than it loved those of President Trump.Mr. Biden would get an A for this early period; Mr. Trump would receive a B for the market performance during his first days as president, though he would get a higher mark for much of the rest of his term.From Election Day through Thursday, the Dow rose about 26 percent, compared with 14 percent for the same period four years ago. Amid signs that the United States is recovering briskly from the pandemic, early returns for Mr. Biden’s actual time in office have also been exceptional. The stock market’s rise from its close on Inauguration Day to its close on Thursday marked the best start for any presidency since that of another Democrat, Lyndon B. Johnson.For those too young to remember the awful day of Nov. 22, 1963, Johnson, the vice president, was sworn in as president that afternoon after President John F. Kennedy was assassinated in Dallas. Measuring stock market performance from the end of the day they were all sworn into office allows us to include Johnson as well as Theodore Roosevelt, who became president on Sept. 14, 1901, after President William McKinley died of gunshot wounds.The Republican Party has long claimed that it is the party of business, and that Republican rule is better for stocks. But the historical record demonstrates that the market has generally performed better under Democratic presidents since the start of the 20th century.Over all, the market under President Biden ranks third for all presidents during a comparable time in office since 1901, according to a tally through Thursday (the Biden administration’s 109th day) by Paul Hickey, co-founder of Bespoke Investment Group.These are the top performers:Franklin D. Roosevelt, inaugurated March 4, 1933: 78.1 percent.Johnson, inaugurated Nov. 22, 1963: 13.8 percent.Mr. Biden, inaugurated Jan. 20, 2021: 10.8 percent.William H. Taft, inaugurated March 4, 1909: 9.6 percent.Note that three of the top four — Roosevelt, Johnson and Mr. Biden — were Democrats. That fits an apparent pattern. Since 1900, the median stock market gain for Democrats for the start of their presidencies is 7.9 percent; for Republicans, only 2.7 percent.By contrast, the Dow gained 5.8 percent in Mr. Trump’s first days as president. That was a strong return for a Republican, but not quite up to snuff for a Democrat.Now consider longer-term returns — how the Dow performed over the duration of all presidencies, starting in 1901. Again, the market did better under Democrats, with a 6.7 percent gain, annualized, compared with 3.5 percent under Republicans.Using this metric, the Trump administration looks much better, placing fourth among all presidencies.These are the annualized returns for the top-ranking presidents:25.5 percent under Calvin Coolidge, a Republican, in the Roaring Twenties.15.9 percent under Bill Clinton, a Democrat.12.1 percent under Barack Obama, a Democrat.12.0 percent under President Trump.That’s an extraordinarily good market performance under Mr. Trump, when you recall that it includes the stock market collapse of late February and March last year as the world reeled from the coronavirus.The market recovered rapidly once the Federal Reserve jumped in on March 23, 2020, and in response to emergency aid programs enacted by Congress. But neither the market, nor the economy, nor the pandemic improved sufficiently in 2020 to win President Trump another term.As for President Biden, he is undoubtedly benefiting from the upward trajectory in the economy and the markets that started under his predecessor — much as President Trump benefited from the growing economy bequeathed him by President Obama.It doesn’t always work that way. In the Great Depression, the market roared in Franklin Roosevelt’s first 100 days. He offered a hopeful contrast — and a stark break — with his immediate predecessor, Herbert Hoover, who presided over what was then the worst stock market crash in modern history. During Hoover’s four years in office, the Dow lost 35.6 percent annualized, by far the worst performance of any president.The market’s recent boom can be easily explained. Back in July, I cited an investment analysis that suggested the stock market might perform quite well in a Biden presidency, despite Mr. Trump’s claims to the contrary. Those factors included more vigorous and efficient management of the coronavirus crisis, which would promote economic recovery and corporate profits; generous fiscal stimulus programs, with the possibility of colossal infrastructure-building; a return to international engagement accompanied by a reduction in trade friction; and a renewal of America’s global climate-change commitments.So far, that analysis is holding up. But will it lead to strong returns through the Biden administration?I have no idea. Alas, none of this tells us where the stock market is heading. All we know is that it has risen more than it has fallen over the long run, but has moved fairly randomly, day to day, and has sometimes veered into long declines. Another decline could happen at any time, regardless of what any president does.The only approach to investing I’d actively embrace is passive: using low-cost stock and bond index funds to build a well-diversified portfolio and hang on for the long run. And I’d try to ignore the exhortations of politicians, especially those who would tie their own electoral fortunes to the performance of the stock market. More

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      In Lady Bird Johnson’s Secret Diaries, a Despairing President and a Crucial Spouse

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyWhite House MemoIn Lady Bird Johnson’s Secret Diaries, a Despairing President and a Crucial SpouseA new book reveals how the former first lady not only provided a spouse’s emotional ballast but also served as an unrivaled counselor who helped persuade Lyndon B. Johnson to stay in office.Lady Bird Johnson in 1961. The first lady kept a diary, but she ordered that a part of it be kept secret for years after her death.Credit…Associated PressMarch 11, 2021Updated 9:51 p.m. ETWASHINGTON — He had been president for only two years, but that night in fall 1965 he had had enough. Lyndon B. Johnson had spiraled into depression, and from his hospital bed after gallbladder surgery, he talked of throwing it all away and retreating into seclusion back home in Texas.To a visiting Supreme Court justice, he dictated thoughts for a statement announcing he was indefinitely turning over his duties to Vice President Hubert Humphrey while recovering from fatigue. “I want to go to the ranch. I don’t want even Hubert to be able to call me,” he told his wife, Lady Bird Johnson. “They may demand that I resign. They may even want to impeach me.”Eventually, Mrs. Johnson coaxed him through that period of doubt and despair, enabling him to complete the final three years of his term. The episode was hidden from the public, and although Mrs. Johnson documented it in her diary, she ordered the entry kept secret for years after her death. But a new book reveals the full scope of those once-shrouded diaries as never before, shedding fresh light on the former first lady and her partnership with the 36th president.The diaries reveal how central Mrs. Johnson was to her husband’s presidency. She not only provided a spouse’s emotional ballast but also served as an unrivaled counselor who helped persuade him to stay in office at critical junctures, advised him on how to use the office to achieve their mutual goals, guided him during the most arduous moments and helped chart his decision to give up power years later.While she is remembered largely as a political wife and businesswoman with impeccable manners, an easy laugh, a soft Texas lilt and a quintessentially first-lady-like White House portfolio promoting “beautification” efforts, the diaries make clear that Mrs. Johnson behind the scenes was also a canny political operator and shrewd judge of people.“The pre-existing image is one of two-dimensionality and stiff-upper-lipness and not a hair out of place,” said Julia Sweig, who spent five years researching the diaries for the biography “Lady Bird Johnson: Hiding in Plain Sight,” set to be published on Tuesday. “But when you get into this material, you see what a rounded, multidimensional human being she is.”Mrs. Johnson began her diary shortly after the assassination of John F. Kennedy vaulted her husband to the presidency in November 1963, and she dutifully kept it up through the end of their time in the White House in January 1969. She released carefully edited excerpts in a 1970 book titled “A White House Diary,” but some portions remained sealed until long after her death in 2007 at age 94.Ms. Sweig, a longtime Washington scholar, learned about the diaries from a friend and became captivated when she visited the Johnson presidential museum in Austin, Texas, and stepped into an exhibit that featured Mrs. Johnson’s voice from the taped diaries describing the day of the Kennedy assassination. The first lady’s voice was activated by a motion detector, so Ms. Sweig repeatedly stepped in and out of the museum room to hear the diary entry over and over.She then embarked on a project examining all 123 hours of tapes and transcripts, the last of which were not released until 2017, combined with other research to produce the biography and an accompanying eight-part podcast, “In Plain Sight: Lady Bird Johnson,” produced by ABC News, that features Mrs. Johnson’s voice narrating her time in the White House. (The fourth episode airs on Monday.)“It’s very unusual to find such an unexcavated and contemporary record of such a recent period of history that we thought we knew and understood about a presidency that we thought we knew and understood,” Ms. Sweig said.President Lyndon B. Johnson with Mrs. Johnson in 1963. She advised her husband through the civil rights movement, the enactment of the Great Society program and the Vietnam War.Credit…Associated PressJohnson scholars said Ms. Sweig’s examination of the diaries flesh out the popular understanding of that era. “She fills out this picture now that we have of the Johnson presidency,” said the historian Robert Dallek, who spent 14 years researching two books on Lyndon Johnson.Born Claudia Alta Taylor in a small East Texas town, Mrs. Johnson was a force in her husband’s political career from Congress to the White House. She advised him through the civil rights movement, the enactment of the Great Society program and the Vietnam War, and she helped figure out how to handle the arrest of a close aide and used her beautification program to promote an environmental and social justice agenda.Perhaps most consequentially, she steered her husband through his inner turmoil. As early as May 1964, six months after taking office, he contemplated his departure by not running for election in his own right that fall. Mrs. Johnson drew up a seven-page strategy memo as well as a draft letter forgoing election to show him what it would look like. But she told her diary, “I hope he won’t use it,” and encouraged him to stay the course, which he did.At the same time, her strategy memo presciently outlined his eventual course, suggesting he run for election but serve just one full term, then announce in March 1968 that he would not run again.There were moments when he almost upended the plan, as in October 1965, after his gallbladder surgery. There was no particular precipitating event, and he was arguably at the height of his presidency, having passed major civil rights legislation while not yet mired in the worst of the Vietnam War. Indeed, he signed 13 domestic policy bills from his bed during a two-week convalescence at Bethesda Naval Hospital.Yet for whatever reason, he became overwhelmed with the stress of the job one night as Abe Fortas, the longtime ally he had just appointed to the Supreme Court, sat at his bedside. The beleaguered president told his wife and the justice that he could handle “not one more piece of paper, not one more problem,” and he dictated thoughts about how he could escape the burdens of the presidency to Fortas, who wrote them out longhand.“He was like a man on whom an avalanche had suddenly fallen,” Mrs. Johnson recorded. She knew his drastic mood swings better than anyone but had missed this one coming. “So here is the black beast of depression back in our lives,” she told her diary in a section she marked “close for 10 years, and review then.”The diary entry reinforced how important she was to keeping her husband centered. “L.B.J. often let his demons roam with her, knowing that she would quietly ward them off by appealing to his better angels,” said Mark K. Updegrove, the president of the Lyndon B. Johnson Foundation and the author of “Indomitable Will” about the Johnson presidency. “He used her not only as a sounding board but revealed his subconscious to her, including expressing his darkest thoughts that he was trying to work through. She helped to work them out — or exorcise them.”Mrs. Johnson helped exorcise them that fall, but by 1968, she, too, thought it might be time for him to move on. He had a secret ending drafted for his State of the Union address in January announcing that he would not run for re-election, but he was uncertain whether he would deliver it. Before he left for the Capitol, Mrs. Johnson noticed that he had left the secret draft behind, so she rushed over to tuck it in his suit pocket.She then watched from the House gallery as he delivered his speech, not knowing herself whether he would use the secret ending or not. He did not. But then, when it came time for an address to the nation announcing a de-escalation in bombing North Vietnam, he finally issued the surprise declaration. That was in March 1968 — exactly according to the timetable Mrs. Johnson had outlined four years earlier.AdvertisementContinue reading the main story More

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      Joe Biden Will Be Sworn In on a Family Bible at Inauguration

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      #masthead-section-label, #masthead-bar-one { display: none }The Presidential InaugurationliveWatchHighlightsScenes from the CapitalScheduleQuestions, AnsweredJoseph R. Biden Jr. was sworn in for a second term as vice president on Jan. 20, 2013, with his left hand resting on the Biden family Bible.Credit…Josh Haner/The New York TimesJoe Biden’s Family Bible Has a Long HistoryHe’s used the same Bible as far back as 1973. It was also used by his son Beau.Joseph R. Biden Jr. was sworn in for a second term as vice president on Jan. 20, 2013, with his left hand resting on the Biden family Bible.Credit…Josh Haner/The New York TimesSupported byContinue reading the main storyJan. 20, 2021, 8:55 a.m. ETWhen President-elect Joseph R. Biden Jr. takes the oath of office on Wednesday, he is likely to place his hand on a familial artifact that has followed him throughout his 50-year political career: a hefty Bible, accented with a Celtic cross, that has been in his family since 1893.The Bible has been a staple at Mr. Biden’s past swearing-in ceremonies as a U.S. senator and as vice president. His son Beau Biden also used it when he was sworn in as the Delaware attorney general.Mr. Biden, who will make history as the country’s second Catholic president, after John F. Kennedy, often invoked his faith during the 2020 presidential campaign as he courted voters with a promise to restore the “soul of America.”In an interview last month with Stephen Colbert, Mr. Biden shared some history about the family heirloom.“Every important date is in there,” Mr. Biden said. “For example, every time I’ve been sworn in for anything, the date is inscribed.”But on Tuesday, a spokesman for Mr. Biden’s inaugural committee said he could not confirm whether Mr. Biden would use that tome for his inauguration — or even whether he would use a single Bible. (President Trump used two.)Beau Biden, the elder son of President-elect Joseph R. Biden Jr., with the family Bible at his father’s second inauguration as vice president, in 2013.Credit…Jewel Samad/Agence France-Presse — Getty ImagesJoseph R. Biden Jr. rested his hand on the family Bible while being sworn in as a U.S. senator in 1973. Beau Biden, foreground right, was in attendance (if not necessarily paying attention).Credit…Associated PressThe Bible that a president-elect chooses to use for the swearing-in ceremony often relays a symbolic message to the American public, said Seth A. Perry, an associate professor of religion at Princeton University and the author of “Bible Culture and Authority in the Early United States.”“It’s difficult to imagine the ritual of the inauguration happening without that book at this point,” Professor Perry said. “It’s part of the scenery. It’s part of the thing that gives the moment the authority that it has.”Here’s a look how the Bible has figured into some of the most pivotal moments in U.S. history: the inaugurations of new American presidents.Washington’s Bible has been popular with other presidents.Like much of the pageantry associated with presidential inaugurations, the presence of a Bible at swearing-in ceremonies is steeped in tradition, dating all the way to the nation’s first president.The Presidential Inauguration More

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      La toma de posesión en Estados Unidos: horarios, eventos y más

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      Biden Seeks Quick Start With Executive Actions and Aggressive Legislation

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      #masthead-section-label, #masthead-bar-one { display: none }The Biden TransitionLatest UpdatesUnderstand the Trump ImpeachmentBiden Tries to Rise AboveWhat’s in Biden’s Stimulus PlanCabinet PicksAdvertisementContinue reading the main storySupported byContinue reading the main storyBiden Seeks Quick Start With Executive Actions and Aggressive LegislationIn an effort to mark a clean break from the Trump era, the president-elect plans to roll out dozens of executive orders in his first 10 days on top of a big stimulus plan and an expansive immigration bill.President-elect Joseph R. Biden Jr.’s team is looking to quickly reverse some of President Trump’s more hotly disputed policies.Credit…Amr Alfiky/The New York TimesMichael D. Shear and Jan. 16, 2021, 3:00 p.m. ETWASHINGTON — President-elect Joseph R. Biden Jr., inheriting a collection of crises unlike any in generations, plans to open his administration with dozens of executive directives on top of expansive legislative proposals in a 10-day blitz meant to signal a turning point for a nation reeling from disease, economic turmoil, racial strife and now the aftermath of the assault on the Capitol.Mr. Biden’s team has developed a raft of decrees that he can issue on his own authority after the inauguration on Wednesday to begin reversing some of President Trump’s most hotly disputed policies. Advisers hope the flurry of action, without waiting for Congress, will establish a sense of momentum for the new president even as the Senate puts his predecessor on trial.On his first day in office alone, Mr. Biden intends a flurry of executive orders that will be partly substantive and partly symbolic. They include rescinding the travel ban on several predominantly Muslim countries, rejoining the Paris climate change accord, extending pandemic-related limits on evictions and student loan payments, issuing a mask mandate for federal property and interstate travel and ordering agencies to figure out how to reunite children separated from families after crossing the border, according to a memo circulated on Saturday by Ron Klain, his incoming White House chief of staff, and obtained by The New York Times.The blueprint of executive action comes after Mr. Biden announced that he will push Congress to pass a $1.9 trillion package of economic stimulus and pandemic relief, signaling a willingness to be aggressive on policy issues and confronting Republicans from the start to take their lead from him.He also plans to send sweeping immigration legislation on his first day in office providing a pathway to citizenship for 11 million people in the country illegally. Along with his promise to vaccinate 100 million Americans for the coronavirus in his first 100 days, it is an expansive set of priorities for a new president that could be a defining test of his deal-making abilities and command of the federal government.For Mr. Biden, an energetic debut could be critical to moving the country beyond the endless dramas surrounding Mr. Trump. In the 75 days since his election, Mr. Biden has provided hints of what kind of president he hopes to be — focused on the big issues, resistant to the louder voices in his own party and uninterested in engaging in the Twitter-driven, minute-by-minute political combat that characterized the last four years and helped lead to the deadly mob assault on the Capitol.But in a city that has become an armed camp since the Jan. 6 attack, with inaugural festivities curtailed because of both the coronavirus and the threat of domestic terrorism, Mr. Biden cannot count on much of a honeymoon.While privately many Republicans will be relieved at his ascension after the combustible Mr. Trump, the troubles awaiting Mr. Biden are so daunting that even a veteran of a half-century in politics may struggle to get a grip on the ship of state. And even if the partisan enmities of the Trump era ebb somewhat, there remain deep ideological divisions on the substance of Mr. Biden’s policies — on taxation, government spending, immigration, health care and other issues — that will challenge much of his agenda on Capitol Hill.“You have a public health crisis, an economic challenge of huge proportions, racial, ethnic strife and political polarization on steroids,” said Rahm Emanuel, the former Chicago mayor who served as a top adviser to Presidents Barack Obama and Bill Clinton. “These challenges require big, broad strokes. The challenge is whether there’s a partner on the other side to deal with them.”Mr. Biden’s transition is taking place as security is being increased because of the deadly assault on the Capitol this month. Credit…Stefani Reynolds for The New York TimesMr. Biden’s transition has been unlike that of any other new president, and so will the early days of his administration. The usual spirit of change and optimism that surrounds a newly elected president has been overshadowed by a defeated president who has refused to concede either the election or the spotlight.Mr. Biden spent much of this interregnum trying not to be distracted as he assembled a cabinet and White House staff of government veterans that look remarkably like the Obama administration that left office four years ago. He put together a team with expansive diversity in race and gender, but without many of the party’s more outspoken progressive figures, to the disappointment of the left.“He’s obviously prioritized competence and longevity of experience in a lot of his appointments,” said Representative Ro Khanna, Democrat of California and a national co-chairman of Senator Bernie Sanders’s primary campaign against Mr. Biden.But he said Mr. Biden’s team had reached out to progressives like him. “I do hope we’ll continue to see progressives who tend to be younger and newer to the party fill a lot of the under secretary and assistant secretary positions even if they’re not at the very top,” Mr. Khanna said.At the very top will be one of the most familiar figures in modern American politics but one who has appeared to evolve in recent weeks. After a lifetime in Washington, the restless, gabby man of consuming ambition who always had something to say and something to prove seems to have given way to a more self-assured 78-year-old who finally achieved his life’s dream.He did not feel the need to chase the cameras over the past 10 weeks — indeed, his staff has gone out of its way to protect him from unscripted exposure for fear of any stumbles, a goal that will be harder once in office.“He is much calmer,” said Representative James E. Clyburn, Democrat of South Carolina and a close ally. “The anxiety of running and the pressure of a campaign, all that’s behind him now. Even after the campaign was over, the election was over, all the foolishness coming from the Trump camp, you don’t know how all this stuff is going to play out. You may know how it’s going to end, but you’re anxious about how it plays out. So all that’s behind him now.”Throughout his career, Mr. Biden has been a divining rod for the middle of his party, more moderate in the 1990s when that was in vogue and more liberal during the Obama era when the center of gravity shifted.He is driven less by ideology than by the mechanics of how to put together a bill that will satisfy various power centers. A “fingertip politician,” as he likes to put it, Mr. Biden is described by aides and friends as more intuitive about other politicians and their needs than was Mr. Obama, but less of a novel thinker.While he is famous for his foot-in-mouth gaffes, he can be slow to make decisions, with one meeting rolling into the next as he seeks out more opinions. Each morning, he receives a fat briefing book with dozens of tabs in a black binder and reads through it, but he prefers to interact with others. During the transition, he has conducted many of his briefings using Zoom at his desk in the library of his home in Wilmington, Del., or at the Queen, the nearby theater where a large screen has been set up.He relishes freewheeling discussion, interrupting aides and chiding them for what he deems overly academic or elitist language. “Pick up your phone, call your mother, read her what you just told me,” he likes to say, according to aides. “If she understands, we can keep talking.” Aides made a point of editing out all abbreviations other than U.N. and NATO.As one former aide put it, Mr. Biden was the guy in college who was always leading study groups in the dorm, using notecards with his friends, constantly interacting, while Mr. Obama was the monastic, scholarly student with oil lamps sitting in a room alone poring through books.A drive-through testing site in Somerton, Ariz. The incoming administration has promised to vaccinate 100 million Americans for the coronavirus within its first 100 days.Credit…Adriana Zehbrauskas for The New York TimesLike Mr. Obama — and notably unlike Mr. Trump — Mr. Biden watches little television news other than perhaps catching “Morning Joe” on MSNBC while on the treadmill or the Sunday talk shows. Aides recall few times he came to them with something he picked up from television.Mr. Biden will be the first true creature of Capitol Hill to occupy the White House since President Gerald R. Ford in the 1970s. More than recent predecessors, he understands how other politicians think and what drives them. But his confidence that he can make deals with Republicans is born of an era when bipartisan cooperation was valued rather than scorned and he may find that today’s Washington has become so tribal that the old ways no longer apply.“Joe Biden is somebody who understands how politicians work and how important political sensitivities are on each side, which is drastically different than President Obama,” said former Representative Eric Cantor of Virginia, who as the House Republican leader negotiated with Mr. Biden and came to like him.“I would think there may be a time when Washington could get something done,” said Mr. Cantor, who lost a Republican primary in 2014 in part because he was seen as too willing to work with Mr. Biden. “At this point, I don’t know, the extreme elements on both sides are so strong right now, it’s going to be difficult.”Mr. Biden’s determination to ask Congress for a broad overhaul of the nation’s immigration laws underscores the difficulties. In his proposed legislation, which he plans to unveil on Wednesday, he will call for a path to citizenship for about 11 million undocumented immigrants already living in the United States, including those with temporary status and the so-called Dreamers, who have lived in the country since they were young children.The bill will include increased foreign aid to ravaged Central American economies, provide safe opportunities for immigration for those fleeing violence, and increase prosecutions of those trafficking drugs and human smugglers.But unlike previous presidents, Mr. Biden will not try to win support from Republicans by acknowledging the need for extensive new investments in border security in exchange for his proposals, according to a person familiar with the legislation. That could make his plan far harder to pass in Congress, where Democrats will control both houses but by a slim margin.All of which explains why Mr. Biden and his team have resolved to use executive power as much as possible at the onset of the administration even as he tests the waters of a new Congress.In his memo to Mr. Biden’s senior staff on Saturday, Mr. Klain underscored the urgency of the overlapping crises and the need for the new president to act quickly to “reverse the gravest damages of the Trump administration.”While other presidents issued executive actions right after taking office, Mr. Biden plans to enact a dozen on Inauguration Day alone, including the travel ban reversal, the mask mandate and the return to the Paris accord.As with many of Mr. Trump’s own executive actions, some of them may sound more meaningful than they really are. By imposing a mask mandate on interstate planes, trains and buses, for instance, Mr. Biden is essentially codifying existing practice while encouraging rather than trying to require broader use of masks.On the other side, Mr. Biden risks being criticized for doing what Democrats accused Mr. Trump of doing in terms of abusing the power of his office through an expansive interpretation of his executive power. Sensitive to that argument, Mr. Klain argued in his memo that Mr. Biden will remain within the bounds of law.Preparations underway this week for the inauguration on Wednesday.  The festivities have been curtailed because of both the coronavirus and the threat of domestic terrorism. Credit…Doug Mills/The New York Times“While the policy objectives in these executive actions are bold, I want to be clear: The legal theory behind them is well-founded and represents a restoration of an appropriate, constitutional role for the president,” Mr. Klain wrote to his staff.On Mr. Biden’s second day in office, he will sign executive actions related to the coronavirus pandemic aimed at helping schools and businesses to reopen safely, expand testing, protect workers and clarify public health standards.On his third day, he will direct his cabinet agencies to “take immediate action to deliver economic relief to working families,” Mr. Klain wrote in the memo.The subsequent seven days will include more executive actions and directives to his cabinet to expand “Buy America” provisions, “support communities of color and other underserved communities,” address climate change and start an effort to reunite families separated at the border.Mr. Klain did not provide details about the executive actions, leaving unclear whether they will be merely statements of intent, like many of Mr. Trump’s executive actions. And he conceded that much of the agenda developed by Mr. Biden and Vice President-elect Kamala D. Harris would require action by Congress.Congress has been largely gridlocked for years, and even with Democrats controlling both the House and the Senate, Mr. Biden faces an uphill climb after this initial burst of executive actions. Tom Daschle of South Dakota, a former Senate Democratic leader who worked with Mr. Biden for years, said the incoming president had an acute sense of the challenges he faced and the trade-offs required.As leader, Mr. Daschle recalled that when things went wrong for him and he would complain, Mr. Biden would joke, “I hope that’s worth the car,” referring to the chauffeured ride provided the Senate leader. Now, Mr. Daschle said as Mr. Biden prepares to move into the Executive Mansion, “I’m almost inclined to say, well, whatever he’s facing now, I hope that’s worth the house.”AdvertisementContinue reading the main story More