No. of Recommendations: 5
I don't think Trump the Great and Perfect is using tools in the Presidential toolkit, unless you include John Yoo's "unitary executive" theory that the POTUS has powers that are *not* enumerated in the Constitution, even though the Constitution says the POTUS has *only* the powers enumerated.
That's not what the unitary executive theory involves, and it's not really germane to my point. He is primarily using the "control over the Executive branch" tool to achieve his goal.
For example, suppose Trump wants to get colleges to change the way they do things. He could do one of a few things:
1) Amend the Higher Education Act of 1965 to make the colleges do what he wants them to do.
2) Promulgate regulations under the Education Act to make the colleges do what he wants them to do.
3) Stop giving them the money they would receive under federal grants until they do what he wants.
The first tool requires Congress, the second tool requires going through the hoops of the Administrative Procedure Act, but the last only requires Trump to tell his subordinates to make it so. Trump is mostly choosing #3. Levin's point is that using tool #3 is the least durable - the policy lasts only as long as Trump is in office.
My point is that I think Trump is finding things he can do with tool #3 that can last well beyond his term. The exercise of the tool only lasts another 36 months. But if you do things with it like depose Maduro, annex Greenland, set up a new rival to the UN that you and your buddies control, etc. - you can have an impact that does last beyond your term in a way that normal exercise of Executive control does not.
