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The Six Executive Orders Obama May Issue To Circumvent The Do-Nothing Congress

The 112th Congress was one of the least productive and most obstructionist in history — as Ezra Klein notes, it passed 100 fewer laws than the previously-least productive Congress on record and “achieved nothing of note on housing, energy, stimulus, immigration, guns, tax reform, infrastructure, climate change or, really, anything.” The unprecedented use of the filibuster (roughly 400 times, a number unheard of in American history previously) ensured that any action in the Senate would be go nowhere, to say nothing of the GOP-controlled house.

As a consequence, President Obama has been forced to make do with valuable, but ultimately incomplete, executive actions on huge issues like climate change. It looks like the second term will be similar: the Washington Post reported on Sunday that President Obama was planning to use executive power to make what changes he could on a series of domestic policy fronts. Below are six executive actions Obama may be considering:

1. Cybersecurity: President Obama appears likely to “establish a voluntary program where companies operating critical infrastructure would elect to meet cybersecurity best practices and standards crafted, in part, by the government.” These voluntary minimum security standards are supposed to ward against an escalating pattern of cyber intrusions on “critical infrastructure.” It’s hard to say exactly what the standards in this order would be with any precision.

2. Housing: Housing is perhaps both the most significant and most ignored problem facing the United States today — 11 million Americans currently are “underwater,” meaning they owe more in mortgage than their house is worth. The executive order under consideration would extend super-low refinancing rates to people who have private mortgages, a helpful move that’s nonetheless insufficient without Congressional action.

3. Climate Change: The Post reports that the President is thinking of expanding two first term climate change executive actions; emission standards for power plants imposed under the Clean Air Act and the Better Buildings Initiative. The former standards currently only applies to new power plants; after these are finalized, the President is “considering moving beyond that effort toward regulating carbon emissions from existing power plants.” The latter is an initiative to improve buildings’ energy efficiency. These two moves, however, only scratch the surface of potential executive actions on climate change.

4. Equality for federal LGBT workers: Congress has been recalcitrant about passing the Employee Non-Discrimination Act (ENDA), which extends full non-discrimination protection to all Americans on the ground of sexual orientation and gender identity. Until recently, President Obama had used the legislative effort as a shield against issuing an executive order that would extend said protections to federal contractors. It now seems likely that an order protecting contractors is forthcoming.

5. Fair payment for home care workers: Roughly two million Americans work in the in-home medical care sector but, due to a legal exemption, can be paid under the minimum wage and generally don’t receive standard overtime wages. These workers are almost all women, and large percentages are poor and/or racial minorities. While the White House initially announced plans to end the minimum wage and overtime exemptions in 2011, it has yet to finalize them — but may well soon.

A Quinnipiac poll released on Monday found that President Obama was more trusted than Congressional Republicans by the general public on every issue surveyed, ranging from the economy to immigration to foreign policy. Another Quinnipiac poll earlier in February found that only 19 percent of Americans approve of Congressional Republicans’ performance.

Alyssa

From Harold Washington to Boston Busing, Five Great Seventies and Eighties Topics for TV

I like Tanner Colby’s piece in Slate suggesting a HBO show about the failures of integration in the 1970s, focusing on housing policy. I think he’s probably overestimating the extent to which such a show would find an audience—for all the influence it exerts over popular culture, the ratings for The Wire were not good, and the show was always in danger of cancellation, and that was with a cops-and-robbers framework. But I think he’s right that we could use more shows about the seventies and early eighties, and about black communities. Here are five ideas for people and battles that could make for fantastic shows about these decades, and that would be amazing showcases for talented black actors:

1. Harold Washington: The first black mayor of Chicago, Washington was also an early gay rights advocate during his time in the Illinois Senate. He championed the Human Rights Act of 1980, which would have extended protections including those based on sexual orientation—and would have had the effect of blowing up Chicago’s patronage jobs system. Washington’s fights with the Democratic machine in Chicago during his first term in office were so bitter that the city was dubbed “Beirut on the Lake.” Boss has made all sorts of stuff up to tell story about the Daleys. A show about Washington could plunder history for everything it needs.

2. The Boston Busing Crisis: Forget the Dillon Panthers and the East Dillon Lions. A show set at South Boston High School and Roxbury High, the first schools integrated under Judge W. Arthur Garrity Jr.’s school desegregation would be an amazing—and terrifying way to tell the story of the Boston busing crisis. In between students who walked out, parents who protested, teachers who tried to keep schools going, the cancellation of the football season, the stabbing of black lawyer Theodore Landsmark by white Joseph Rakes with the American flag and other acts of racial violence, there’s more than enough to sustain seasons of drama, and to bring school shows, currently out of vogue, back to television.

3. Marion Barry: Marion Barry may be a national joke thanks to his arrest in a 1990 sting, and his continual reelection to the DC City Council a mystery to some observers. But the story of his tenure in the eighties, and of Washington’s struggle for home rule, is a rich and tragic one, and it’s still ongoing. Much like The Wire, each season could be set in a different department, from the police, which were devastated by layoffs, to his efforts to rebuild public housing, to the recalculations that revealed the real extent of Washington’s debt. Barry may seem like a ridiculous figure to a lot of people, but he was once an important one, and it’s worth explaining what, other than the cocaine, contributed to it going wrong. And it would be incredible to see Kasi Lemmons, who made one of the best Washington movies in Talk to Me, about talk show host Petey Greene, direct a pilot for this.

4. Operation Move-In: I know, we have enough television shows set in New York City. But one about Operation Move-In, which saw poor families taking over vacant buildings owned by Columbia University, the People’s Court Housing Crimes trials, and the fight to keep some form of rent stabilization would be a fascinating look at a New York not remotely portrayed in either the glittering Manhattan lofts or the gentrifying Brooklyn housing stock that’s so popular on television.

5. Overtown: For all my transit nerds, the story of how interstate highway construction devastated one of the country’s richest historically black neighborhoods in Miami, and an early site of civil rights protests, is amazing, and over a period of decades goes from failure to revitalization thanks to the return of mass transportation. Overtown is a minor character in Magic City, but it could stand on its own as a setting.

NEWS FLASH

Bank of America Will Pay $335 Million To Settle Claim Its Subsidiary Discriminated Against Minorities | Bank of America will pay a $335 million settlement to address federal claims that its subsidiary, Countrywide Financial, “systematically discriminated against minority home-buyers at the peak of the U.S. housing boom.” The Department of Justice alleged that Countrywide charged higher interest rates and other fees to African-American and Latino home buyers compared to white home-buyers with similar financial backgrounds. The Los Angeles Times reports that Countrywide “frequently pushed minorities into risky subprime loans rather than into safer prime loans,” a practice that helped spark the economic collapse in 2008. Bank of America insisted that these practices occurred prior to Bank of America’s acquisition of Countrywide.

Alyssa

‘Louie’ Open Thread: Dream House

This post contains spoilers through the third episode of the second season of Louie.

As someone who became a homeowner in the not insanely distant past, the prospect of watching Louis C.K. look at real estate for a half hour was sort of delightful. The rhapsodic myth of homeownership disguises an unpleasant fact: that most real estate is kind of terrible. There’s the dark apartment about which a realtor reels off a list of absolute untruths. There’s the theoretically empty apartment that turns out to be occupied by a widower in his underwear, so pathetic that the friend Louis’ enlisted into house hunting with him ends up cooking him eggs before declaring, “Thanks for the reminder, fellas. Fuck men. I’m Audi.” There were definitely days in my apartment search when, despite my incredibly kind, patient, realtor, I totally felt that, or a variation of that. Condo fees over $400 a month for a place where all the public doors have a sticky quality to them and the front yard looks downright dangerous? This is what we’re supposed to base a society on?

And then, there’s the moment when Louis finds an amazing apartment, old New York architecture, where Lenny Bruce used to live, where, as the realtor tells him in an increasingly hypnotic chant: “Your girls would be happy here. Even happier than they are at their mother’s house. And no one could judge you, or say you’re anything other than a wonderful, wonderful father. Buying this house would fix everything, everything, everything.” It also, of course, costs $17 million, and Louis has $7,000 in the bank and child support payments. “What about Obama?” he asks his accountant plaintively. “What about it?” his accountant asks back. It’s a wistful illustration of our common national dilemma, reconciling ourselves to the fact that the things we want are out of reach, and in reality, were always out of reach.

I have to admit, though, that as diverted as I was by the apartment hunt, the show’s depictions of women are sticking in my craw a little bit this season. As I wrote last week, I enjoy the fact that the program shows me the world through guy-colored glasses, but I’m a little worried that in the world of Louie, every woman I see through those glasses is kind of crazy, be she a passive-aggressive daughter, anxious pregnant sister, sexually traumatized PTA mom, or weird real estate pal.

I think the show is funniest when it gets at the cruelty of things that can really happen, which is why the stuff with Louis’ youngest daughter and her constant carping about the superiority of Louis’ ex-wife as a parent is both so hilarious and so cutting. But I’m not as amused by setting up a wildly baroque scenario, like a female friend starting to randomly cook and care for an old guy who isn’t wearing very many clothes. It’s not as funny in part because defaulting to “fuck men” as a punchline isn’t that funny. And I’m also just highly dubious that the vast majority of women would go into an apartment after they figured out a strange man was in there and undressed, much less immediately go into mother-hen mode over him. It feels like too much of a setup, and in a season with a lot of baroque setups coming at women’s expense, it feels like Louie could dial it back a bit.

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