Sunday, December 15, 2019

The enforcement conundrum

In sports, there have been some types of dangerous plays that have gone unpunished. When these plays occur, it creates division. Fans of the team on the receiving end are likely to demand action. They don't want a referee to allow an opponent to put a player that they like at serious risk. Fans of the team responsible for the danger will likely think that it's unfair if their team is disadvantaged for something that never gets called.


Imagine if there is an injury on a dirty play that is technically legal. Can a league change the rules to retroactively punish a player who abided by the rules at the time? When we let this form of wrongdoing slide, we can make it very difficult to address.

This issue is not confined to the world of sports. This same concept has emerged in politics. Politicians on both sides frequently cross lines that we shouldn't allow them to cross. We tend to be upset when one party crosses a line, but we find it to be unfair if our preferred party gets in trouble for crossing similar lines.

Take a look at Barack Obama. He insisted that it would be unconstitutional to address immigration reform through executive action. The legislative branch is the only branch with the power to create laws, so he was right. Despite recognition of the illegal nature of the action, he pushed a memorandum to establish the Deferred Action for Childhood Arrivals (DACA).

More recently, Donald Trump asked the Ukraine to investigate Crowdstrike and Joe Biden's son. Around this time, Ukrainian aid was frozen. The Democrats were in an outrage. They insisted that this action was unconstitutional and violated the presidential oath. This was the beginning of the impeachment inquiry against Trump.

Trump's and the Democrats' action have divided the country. Democrats insist that a president should not be allowed to cross this type of line. Republicans don't think it's fair to remove Trump when other presidents have gotten away with more.

Personally, I think I have to side with the Republicans on this issue. Based on what I have heard from the Democrats, it's clear that they are not pursuing impeachment as a way of addressing improper enforcement. Yes, Trump had crossed some lines, but the Democrats have crossed and promise to keep crossing similar lines. These conditions for impeachment appear to be aimed specifically at Trump with a desire to immediately revert to lenient standards the next time Democrats win the White House.

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