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Stop the Stampeding! A modest legislative proposal

by | 9:55 am, July 7, 2009 | Comments Off

Coming fast on the heels of the rush for a vote on the “Cap and Trade” (more accurately, “Cap and Tax” – the “largest tax increase in history“), the government takeover of GM, the $787 “emergency” passage of the “Stimulus” (er, Porkulus) bill, etc. etc. ad nauseum, the current unseemly haste to pass “Comprehensive Healthcare” and confirm without allowing time for the Senate’s “advice and consent” a lifetime appointment to the U.S. Supreme Court is the latest in a barrage of government activity occurring at dizzying speed (indeed, coming so fast that House Majority Leader Nancy Pelosi and Senate Majority Leader Harry Reid won’t even allow fellow legislators time to read the latest proposals before bringing them to a vote).

Many have referrred to the tide of legislative proposals flooding the halls of Congress as a tsunami or tidal wave (hey, at least it’s metaphorically consistent).

However, I prefer to characterize the phenomenon as a stampede.  A tsunami or flood is an impersonal force of nature; these actions are anything but impersonal, but the term stampede more accurately captures the herd mentality displayed by our legislators.

It should be noted that while this is not strictly a phenomenon of the current Democrat-controlled Congress and the Obama administration (c.f. Patriot Act, most recently the TARP bill, and other “crisis” legislation hurriedly passed by both a Republican-controlled and Democrat-controlled Congress under the Bush Administration), there can be no question that the number, volume and pace of these “emergency” legislative proposals has increased at breakneck speed since Barack Obama (after promising “the most transparent administration in history” and pledging to let Americans see a bill for five days before he signs it) took office in January.

A modest proposal: although it is certainly conceivable that an actual crisis may demand a prompt and rapid legislative response, it is unquestionable that a rush to “do something” (or more accurately, be seen to be doing something) is rarely if ever the best long-term solution to the problem.

The Last Stampede Act:

Be it enacted: that any law passed as an emergency response to a crisis, of any nature, shall expire completely and irrevocably 90 days after being signed into law.

Further, any law of longer (or permanent) duration addressing the same subject may be introduced No Earlier Than 30 days after the “emergency” legislation is signed into law.

These dual provisions will preserve the ability of Congress (or state legislatures) to react appropriately to an actual crisis or emergency, while ensuring that any lasting legislation receive the full measure of consideration, analysis, and debate removed from the immediate pressure of the crisis.

Doubtless the “professionals” among legislative staffers and politicos can improve upon the wording and further tighten the scope and coverage of the proposal – but the core idea at the heart of the “Last Stampede Act” deserves to be tried, don’t you think?

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Category: 2010, Liberty, Obama, PPC, Rule of Law, Small Government
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