Democrats push Biden to aggressively use executive power

WASHINGTON – Democratic senators call on President-elect Joe Biden to use executive power to advance goals such as tackling climate change, alleviating student debt and creating a more progressive immigration system.

Senators’ calls reflect recognition that Democratic lawmakers may not be able to pass a transformative legislative agenda after underperforming in congressional races. And unless Democrats win two rounds of the Georgia Senate on Jan.5, Biden will be the first president since 1989 to take office without his party controlling both houses of Congress.

“The president-elect, effective January 20, should act as aggressively as possible to reverse the effects of Donald Trump’s four years and advance a more positive and effective agenda to make the United States the leader in tackling the climate crisis, ”Sen. Ed Markey, D-Mass., told NBC News.

He said Biden could bring the United States back into the Paris climate agreement and impose new fuel economy standards on vehicles and fuel efficiency requirements on devices. Markey said Biden should “test the outer limits of his powers” with administrative action.

The push for executive action is also an attempt to push Senate Majority Leader Mitch McConnell, R-Ky., Not to block Biden’s platform, suspending the prospect of bypassing Congress, as President Donald Trump has often done so with Republican support.

“I think President Biden has significant executive power. And anyone who doubts that? Look at his predecessor,” said Senator Ron Wyden, D-Ore.

Senator Brian Schatz, D-Hawaii, who led a 263-page Democratic report on climate action, said the president has “enormous power” on the issue, between international agreements and within agencies.

“From the Treasury to the State to the Interior (departments) and financial regulators, climate action and climate risk management must literally be infused into everything,” he said.

Senator Elizabeth Warren, D-Mass., And Senate Minority Leader Chuck Schumer, DN.Y., have pushed for Biden to use his powers under the Higher Education Act to overturn until to $ 50,000 in debt owed to federal student borrowers.

The calls for the use of executive power come as McConnell maintains control of the Senate, at least for now, and it will be a point of contention with moderates like Sen. Joe Manchin, DW.Va., who called out Biden to govern through bipartisanship and consensus.

Even if Democrats capture Georgia’s two seats and take control of the Senate, McConnell would retain filibuster power and impose a 60-vote threshold. And the reduced majority of Democrats in the House are shortening President Nancy Pelosi’s trail to pass major legislation.

Some Democrats fear a repeat of what happened under the previous administration.

“My concern is – we all know what happened with Barack Obama. Mitch McConnell walked out the door and just said: My big goal is to prevent Barack Obama from getting a second term,” Wyden said. . “So the question is already: is he throwing this for the same kind of strategy?”

Biden “should be looking at executive actions,” said Senator Mazie Hirono, D-Hawaii. “He won’t let the Senate and Mitch McConnell – if he still stands – stop what we need to do for our country.”

Hirono said if Biden’s candidates were blocked by the Senate, he would have to take a page from Trump’s reading book and unilaterally appoint them to temporary or acting positions.

“We looked at Mitch. He’s ruthless, ”she said. “And apparently he doesn’t care about the impact of his blockade on the country. He already has.”

On Friday, a spokesperson for McConnell did not return an email requesting comment.

Jeff Hauser, a progressive strategist who heads the revolving door project that controls Cabinet appointees, said Biden shouldn’t wait for Congress to pass new laws but research existing laws to move his agenda forward. He said climate regulations can be tightened through the Clean Air Act of 1963 and corporate excesses can be reduced through the Sherman Antitrust Act of 1890.

“You don’t necessarily need to pass new laws to solve the problems. You can apply the old laws,” Hauser said. “Our basic message is that every agency and department should use the statutory tools at their disposal to effect positive change, rather than waiting for a complicated sequential game developed by the White House and Congress.”

The courts could be an obstacle for Biden. The Supreme Court’s new conservative 6-3 majority may have a more limited view of Biden’s scope of executive power after Republicans replaced late liberal icon Ruth Bader Ginsburg with conservative Amy Coney Barrett a week before the election .

Hauser urged Biden not to be “intimidated” by possible court defeats, arguing that a judicial blockade of popular politicians could be useful as a campaign stake in the 2022 midterm elections.

“Biden is going to have to be prepared to lose on occasion to clarify the issues, rather than avoid possible defeat at all costs, which was sometimes a guiding mindset in the Obama years,” he said.

Jamal Brown, spokesperson for Biden’s transition team, said his agenda will include executive power.

President-elect Biden is taking action now to tackle the devastating COVID-19 pandemic and implement his day one agenda, using both executive action and legislation, to build a more resilient economy and sustainable, fixing our broken and unfair immigration system every American has a good chance to enter the middle class and create millions of well-paying union jobs, ”said Mr. Brown.