How will Joe Biden GOVERN? General Biden Administration F**kery Thread

Dillah810

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Now Can We Try the Day One Agenda?

Pramila Jayapal has come around to the right idea, after foolishly putting her trust in Biden to work out a deal with Manchin. She said on a press call today that the Biden administration must now pivot to executive action to make progress, as Manchin has stalled it at the legislative level. “We cannot make the same mistake twice,” Jayapal said. “It is abundantly clear that we cannot trust what Sen. Manchin says.”

It just so happens that well over two years ago, this magazine wrote a guideline to using presidential power called the Day One Agenda. We identified 77 discrete actions the next president could take on their own authority simply by executing laws already passed by Congress. In fact, we wrote it imagining precisely the kind of political gridlock we now face, where there just aren’t enough votes to advance policy.

There’s a lot of energy that will be put forward in the coming days to calling executive action a weak substitute for a wide-ranging legislative package like BBB. And certainly, it’s not the preferred path of congressional reporter tip sheets that measure progress by a legislative scoreboard they can easily track. But enormous progress could be made through executive action. Some already has.


The Biden administration has taken at least some action on about one-third of the 77 policies we outlined. He raised the minimum wage for nearly half a million federal contract workers to $15 an hour, got started on a postal banking pilot test to promote financial inclusion, and engaged a host of actions at the Federal Trade Commission to resolve inequities caused by corporate giants. Just this week, Biden imposed a new tailpipe emissions standard that mandates fleet-wide fuel economy of 55 miles per gallon by 2026.

But he has shied away from some of the more impactful ideas. Biden could cancel student debt for 42 million borrowers. He could give millions more workers access to overtime pay. He could deschedule marijuana from the list of controlled substances, effectively legalizing a burgeoning industry. His IRS could end the carried interest loophole that makes private equity so attractive and prohibit private equity management fees, weakening this cancerous financial scheme that is destroying hundreds of businesses. On the near-term crisis of the pandemic, Biden has several options, from ensuring cheap at-home tests by approving more for use, to using approved funds to improve ventilation in indoor public spaces like schools.

Most important, in areas that intersect with Build Back Better’s priorities, Biden has not only been fairly muted, but has failed to use his power in ways that could spur Manchin and Congress to act. The new tailpipe emissions are a start, but Biden has significant command-and-control authority to meet his Paris Agreement goals, which if used aggressively could spell the end of a certain mining technique Manchin is wedded to in West Virginia. In the absence of Build Back Better provisions lowering prescription drug costs, Biden could use federal law to seize drug patents developed with public money and assure they will be distributed affordably. (And yes, the Supreme Court could seek to block such actions, but that would be a pitiful excuse for not even trying.)

For those like Manchin who desire the status quo, a president committed to taking action would put him in the position of wanting to legislate, to ensure he has a say in the process. There’s been no effort to threaten executive action as the antidote to legislative inaction. Between that and the fear that no Build Back Better means reduced economic growth, maybe you can get Manchin to yes on something.

I wouldn’t hold my breath, but executive action is a duty regardless. The function of the president is to take care that the laws are faithfully executed. If Biden wants a successful presidency, the only path forward goes through using his own prodigious authority. We wrote the Day One Agenda precisely as a counterpoint to the despair of legislative paralysis. There’s not a ton we can do about the paralysis, but a president can govern. And we know what he can do. We wrote it down and everything
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