Why Executive Fiats Are Needed

idiot gets shotBy Peter Galuszka

Two initiatives — one on the state and the other on the federal level– show just how untenable the politics of confrontation has become. It is forcing the executive side to take charge at the expense of the legislative.

Democrats Gov. Terry McAuliffe and Atty. Gen. Mark Herring are exploring ways to have the governor take emergency authority to continue operating the state of no budget is passed by June 30. Herring has brought in a constitutional ringer from the University of Virginia to help out.

Meanwhile, on Monday, President Barack Obama will unveil new rules to stem carbon dioxide pollution at electricity power plants. This will most likely involve some kind of cap and trade system that actually has worked for a couple decades for preventing emissions that contribute to acid rain.

Obama is late in promulgating the rules because King Coal and its well-paid lobbyists and members of Congress want to blunt the impact on coal-fired electricity plants that provide about 40 percent of the electricity in this country. They and the annoyingly boring global change naysayers have rendered Congress useless in addressing one of the most pressing issues of our time. Result? Gridlock.

So, Obama is taking executive power through existing law, namely air pollution laws that date back to Republican Richard M. Nixon.

It’s a shame that there can’t be intelligent discussion about either issue. In Virginia’s case, the stubborn resistance by conservative Republicans in the House of Delegates to expanding Medicaid has deadlocked action on passing a $96 billion two year budget.

Turns out that the fiscal situation is even more dire because of a $350 million shortfall this year in revenue which is the result of many wealthy Virginians taking advantage of capital gains tax law changes that made it better to ditch stocks last year as they did. The shortfall will only snowball if nothing is done. Localities and state employees will be severely impacted.

Hence McAuliffe is seeking out a Constitutionally-acceptable way to keep the government going regardless of what hard-liners like House Speaker Bill Howell do.

So, there you have it: rule but executive fiat. To be sure, in Virginia’s case, there are possible ways to get out of the mess, namely Republican Sen. Emmet Hanger’s compromise plan on Medicaid. But when it comes to global warming, forget it. The power of the Koch Brothers and the fossil fuel industry is simply too great. No matter what practically every climate scientist in the world says, we are having to answer to the deniers.

Hang on. June will be a lively month.