The Great Cave In
Yay! The government shutdown is over. So what was gained by the political games over the past five weeks?
Well, nothing if you’re a fan of the President. Even less if you’re a small government conservative. To wit: the President shut down the government for better than a month in order to secure funding for a wall on the southern border. Then he changed that to steel slats. Then he changed it again to a down payment on steel slats. Finally, he agreed to a continuing resolution in exchange for revisiting the entire thing on February 15. However, the Democrat’s leader has already made clear she will not allow any funding for a wall, or steel slats, or any other sort of border barrier.
In other words, Donald Trump got rolled like a drunk in Hell’s Kitchen.
Now he can try to go around Congress come February 15 and declare an emergency on the border in order to build his wall (or steel slats, or… you get the idea). By midnight on the 16th, the courts will enjoin him from carrying out that order. It will make its way through the court system, eventually winding up before SCOTUS. The likely result? SCOTUS will affirm the lower court order, as there is nothing in the Constitution that allows the President to bypass Congress.
The shame of all this is, the shutdown could have been much more instructive if handled better. The President could have moved to privatize both the ATC and TSA. He could have pushed for funding the IRS and Border Patrol separately. (To their credit, some House Republicans did offer bills to do just those things). He could have activated the Coast Guard into the Navy, thereby funding them. The shutdown could have been used to showcase how little the federal government does that positively affects the everyday lives of ordinary Americans.
But since Trump is, at heart, a big government guy, such a tactic never even occurred to him. Think about it: a Republican president shut down the government because a Democrat-controlled House wouldn’t give him more money. I can’t recall any other time in our history such a thing has happened. He can’t be said to have abandoned the most fundamental policy of conservatism since he never embraced it. But it was that lack of understanding that ultimately led to his defeat.
The question is what Trump does next. The main thing those die-hard Trump supporters believe in is his infallibility in negotiations and his ability to turn losses into wins. However, unlike his failures in the private sector, there is no Deutsche Bank ready to ride in with loans to save his businesses. There is no Carl Icahn showing up with a bailout. There is no Jeffrey Zucker willing to be complicit in an identity makeover. He is on his own, against a foe who’s implacable in her opposition and much better versed at holding a political party together.
This isn’t to say some sort of compromise isn’t available. They can fudge on the wording allowing everyone to declare a victory. The President has already demonstrated that he’s willing to call a bunch of steel slats shoved into the desert sand “a big, powerful wall”, even though nobody with a functioning brain cell thinks it is. But in order to get that, he’ll need to be gracious enough to allow the Democrats to say they aren’t funding a border wall. It’s a trait that is not part of Donald Trump’s character.