Sunday, December 22, 2013

To Be Efficient and Do no Harm

I have done all sorts of jobs in my long life; from working on the shop floor to working in the executive suite of someone else's enterprise as well as my own. I also held every position you can think of between these two extremes. And now that I am retired, I spend my time pontificating on the events of the day, and what other pundits say about these events. This is why people like the editors of the Wall Street Journal and George Will bring a smile to my face when I read what they sometimes write.

Take, for example what happened on December 21, 2013. The Wall Street Journal published an editorial under the title: “Obama Repeals ObamaCare” and the subtitle: “Under pressure from Senate Democrats, the President partly suspends the individual mandate.” Also, the New York Post published a piece by George Will under the title: When the President rewrites the laws” which he began by quoting a passage delivered by the Supreme Court in 1838; something that clearly does not apply to the current situation.

This aside, George Will now wears the Republican hat and yells at the President: “I told you, I told you.” This is how he put it: “Republicans' dismay about Obama's offenses became acute when [he was] compelled to agree with them that the Affordable Care Act could not be implemented as written.” To make sure that the reader understands this is an idiosyncratic fault specific to this President, he brings up the subject of welfare reform and prosecution of drug crimes that the republicans say have been effectively altered by President Obama.

George Will now gets into the heart of his thesis which he says is not his own but that of a law professor who wrote about it in a piece that will soon be published. Will says the professor demonstrates that the Constitution does not justify Obama's reading of the “Take Care Clause” which says the president “shall take care that the laws be faithfully executed.” So you want to know: Why is that? And all you get is that a president is not a king.

And this is where a huge gulf appears on the intellectual landscape; one that separates the mentality of the executives who have to make decisions at every moment of their waking hours, and the academic pundits who weigh abstract notions that may not always correspond to reality. Oh how I wish I had it as easy as I have it now when I was on the shop floor deciding if stamping this piece of work as having passed inspection would endanger the lives of the passengers who will someday fly on this plane. And how I wish I could delete a directive I issued yesterday from my executive office, as easily as I can delete a sentence I now write that does not sound as good as I thought it will.

And I tell you, George Will has it easy because after discussing the abstractions of the professor, he comes to his punch line which is this: “Price asks: 'If Obama may postpone enforcement of the ACA's insurance requirements and employer mandate, could a subsequent president ignore the ACA altogether?'” Well, my answer is no because an executive does not make decisions on a whim. His guiding principles are to be efficient and to do no harm. When he or she is required to execute something, they think of the best way and the best moment to do it. This is what Obama is doing now; it is not what a future president will be doing by ignoring the ACA altogether.

We now come to the Wall Street Journal editorial. Anyone that is familiar with the publication's editorial will tell you this is an unusually long and rambling piece. Still, the editors make a few points, the strongest being the one that appears in the subtitle. They say that the President responded to pressure from Democrats. The truth is that constituents wrote to their representatives telling them of the difficulties they were meeting because of the new law. What happened next is what should happen and does happen in every healthy democracy. The representatives wrote to the person in charge of the proper department – in this case Health and Human Services Secretary Kathleen Sebelius.

What the Secretary did upon receipt of the complaints was to look into the law, and the way that the regulations for implementing it were written. She saw deficiencies – this being a new and complex law – and she recommended that the approach be altered to minimize the chance of some people falling through cracks not of their making. You do not need a king to do this; you only need a Secretary with a good head and a good heart.

Which brings us to this observation: No one is asking the editors of the Journal to do likewise and develop a good heart; but the least they can do is try to keep an open mind and a clear head.