Although I am no fan of Joe Biden, I can acknowledge that in his writing some executive orders, he was “well-intentioned,” if wholly misled. I believe that “the old man,” who is my age, just doesn’t realize all the implications of orders whose “unintended” or “unforeseen” consequences are especially exemplified in Executive Order 14124, Biden’s 140th order out of (to this last week of his presidency) 143 such executive actions.
The order, in short, is centered on “Advancing Educational Equity, Excellence, and Economic Opportunity Through Hispanic-Serving Institutions (HSI).” Sounds noble; sounds like the right thing to promulgate in a nation with a large Hispanic population, but…
The Monster in the Room
There’s that “equity” monster in the order. Although it could be interpreted by bureaucrats to mean that proportional funding should go to Hispanic educational institutions, it’s more likely to mean that Hispanic educational institutions—regardless of effectiveness— will receive funding while other institutions will either lose funding or undergo cuts in funding. Also, HSI graduates might (“most likely will”) receive special advantages in applying for federal jobs. I believe the order opens the door to a new kind of affirmative action that forces advantages and disadvantages on groups, the latter on nonHispanics.
Why? Well, the order lists goals, one of which is: “strengthening Federal recruitment activities at HSIs to build accessible and equitable pathways into Federal career opportunities for HSI students, faculty, staff, and alumni” (2, b, vi). * If you know bureaucracies and bureaucrats as I do, you’ll surmise that this goal will frame recruitment in terms of “equity,” and not merit; thus, someone less qualified than another will get the job on the basis of an HSI education—in Bidenesque, “If you ain’t Hispanic….”
Pessimistic assessment? Racist reaction? Not really. It’s more historically-based truth. I certainly want Hispanics to serve as government agents—as long as they aren’t incompetent—especially bilingual Hispanics who fill a gap made by NonHispanic government agents whose only Spanish consists of saying some line from a travel guide or high school text, such as “Where is the train station?” (¿Dónde está la estación del tren?). In contrast to monolingual agents, bilingual individuals can enhance the functions of government agencies by serving the large population of recent and older legal Hispanic migrants; thus, providing opportunities for quality education in HSIs is prudent. But…
Executive orders can often have unintended consequences when they are based on special interest group pressures; thus Biden’s desire to allow biological men to participate in women’s sports and use women’s locker room and restroom facilities (but then, this isn’t surprising if his daughter’s claim about his showering with her is true). If complex, multi-page laws have unintended consequences, surely executive orders also lead to them.
And once a federal agency implements such an order, those unforeseen consequences become virtual law, often with penalties imposed not by Congress, but by bureaucrats. In the last half century, Americans have experienced increasing regulation by bureaucrats run wild on both laws and executive orders. The US EPA, for example, houses regulators overreaching the original intent of laws. An agency that began in good intentions has become highly restrictive, governing by increasing regulations on…just about everything.
The Stock Pond Incident
Case in point: “Andrew Johnson, a welder who owned a small group of cattle and horses near Fort Bridger, Wyoming, saw his case draw national attention when EPA alleged violations of the law were committed when he built a stock pond although stock ponds are exempt from the Clean Water Act.”** The Johnson family faced more than $20 million in fines for alleged violations of the Clean Water Act when they built the pond.
$20 million! “No joke, as Biden often says.” “NO JOKE,” as Kamala Harris often repeats repetitively again, once more, over and over. $20 Million. But it was no joke to the Johnson family. “Johnson faced fines as high as $37,500 a day for building a stock pond on his 8-acre tract in 2012. He constructed the pond after obtaining all of the necessary permits from the state of Wyoming. EPA ordered Johnson to remove the pond. Johnson countered by asking a federal court in Wyoming to nullify the order.” Fortunately, the Johnson family won their case though they had to install a fence and plant some trees.
I suggest that the Johnson affair is an example of what could happen because of bureaucratic overreach of anonymous individuals with either an agenda or a misguided interpretation of a law or executive order, and the word “equity” provides such an agent with an agenda to wreak havoc on institutions and individuals. Abuses occur because of powers imbued in agents. The most recent example occurred during FEMA’s involvement in Hurricane Milton recovery. As CNN reported, “A Federal Emergency Management Agency employee has been fired after they advised their disaster relief team to avoid homes with signs supporting former President Donald Trump while canvassing in Florida in the aftermath of Hurricane Milton, the agency’s administrator said Saturday.”***
Do I know for certain that Biden’s equity order for HSIs will lead to abuse and inequity? No, but personal experience with government bureaucracies through years of government research projects, through witnessing government or institution imposed quotas, and through incidents like the Johnson family’s stock pond, make me pessimistic. The probability of abuse isn’t zero.
Reversing Course
I surmise that Trump will reverse some of Biden’s Leftist executive orders. But herein lies a cautionary tale: Careful wording is essential in every such order, and limitations on its implementation should be part of the order to prevent wayward bureaucrats from overreaching their authority—or responsibility.
*https://www.federalregister.gov/documents/2024/07/22/2024-16225/white-house-initiative-on-advancing-educational-equity-excellence-and-economic-opportunity-through ; Section 2, b, vi
**Northern AG Network. https://www.northernag.net/settlement-reached-in-epa-dispute-over-wyoming-stock-pond/
***https://www.cnn.com/2024/11/08/politics/fema-employee-trump-florida-hurricane/index.html
The order, in short, is centered on “Advancing Educational Equity, Excellence, and Economic Opportunity Through Hispanic-Serving Institutions (HSI).” Sounds noble; sounds like the right thing to promulgate in a nation with a large Hispanic population, but…
The Monster in the Room
There’s that “equity” monster in the order. Although it could be interpreted by bureaucrats to mean that proportional funding should go to Hispanic educational institutions, it’s more likely to mean that Hispanic educational institutions—regardless of effectiveness— will receive funding while other institutions will either lose funding or undergo cuts in funding. Also, HSI graduates might (“most likely will”) receive special advantages in applying for federal jobs. I believe the order opens the door to a new kind of affirmative action that forces advantages and disadvantages on groups, the latter on nonHispanics.
Why? Well, the order lists goals, one of which is: “strengthening Federal recruitment activities at HSIs to build accessible and equitable pathways into Federal career opportunities for HSI students, faculty, staff, and alumni” (2, b, vi). * If you know bureaucracies and bureaucrats as I do, you’ll surmise that this goal will frame recruitment in terms of “equity,” and not merit; thus, someone less qualified than another will get the job on the basis of an HSI education—in Bidenesque, “If you ain’t Hispanic….”
Pessimistic assessment? Racist reaction? Not really. It’s more historically-based truth. I certainly want Hispanics to serve as government agents—as long as they aren’t incompetent—especially bilingual Hispanics who fill a gap made by NonHispanic government agents whose only Spanish consists of saying some line from a travel guide or high school text, such as “Where is the train station?” (¿Dónde está la estación del tren?). In contrast to monolingual agents, bilingual individuals can enhance the functions of government agencies by serving the large population of recent and older legal Hispanic migrants; thus, providing opportunities for quality education in HSIs is prudent. But…
Executive orders can often have unintended consequences when they are based on special interest group pressures; thus Biden’s desire to allow biological men to participate in women’s sports and use women’s locker room and restroom facilities (but then, this isn’t surprising if his daughter’s claim about his showering with her is true). If complex, multi-page laws have unintended consequences, surely executive orders also lead to them.
And once a federal agency implements such an order, those unforeseen consequences become virtual law, often with penalties imposed not by Congress, but by bureaucrats. In the last half century, Americans have experienced increasing regulation by bureaucrats run wild on both laws and executive orders. The US EPA, for example, houses regulators overreaching the original intent of laws. An agency that began in good intentions has become highly restrictive, governing by increasing regulations on…just about everything.
The Stock Pond Incident
Case in point: “Andrew Johnson, a welder who owned a small group of cattle and horses near Fort Bridger, Wyoming, saw his case draw national attention when EPA alleged violations of the law were committed when he built a stock pond although stock ponds are exempt from the Clean Water Act.”** The Johnson family faced more than $20 million in fines for alleged violations of the Clean Water Act when they built the pond.
$20 million! “No joke, as Biden often says.” “NO JOKE,” as Kamala Harris often repeats repetitively again, once more, over and over. $20 Million. But it was no joke to the Johnson family. “Johnson faced fines as high as $37,500 a day for building a stock pond on his 8-acre tract in 2012. He constructed the pond after obtaining all of the necessary permits from the state of Wyoming. EPA ordered Johnson to remove the pond. Johnson countered by asking a federal court in Wyoming to nullify the order.” Fortunately, the Johnson family won their case though they had to install a fence and plant some trees.
I suggest that the Johnson affair is an example of what could happen because of bureaucratic overreach of anonymous individuals with either an agenda or a misguided interpretation of a law or executive order, and the word “equity” provides such an agent with an agenda to wreak havoc on institutions and individuals. Abuses occur because of powers imbued in agents. The most recent example occurred during FEMA’s involvement in Hurricane Milton recovery. As CNN reported, “A Federal Emergency Management Agency employee has been fired after they advised their disaster relief team to avoid homes with signs supporting former President Donald Trump while canvassing in Florida in the aftermath of Hurricane Milton, the agency’s administrator said Saturday.”***
Do I know for certain that Biden’s equity order for HSIs will lead to abuse and inequity? No, but personal experience with government bureaucracies through years of government research projects, through witnessing government or institution imposed quotas, and through incidents like the Johnson family’s stock pond, make me pessimistic. The probability of abuse isn’t zero.
Reversing Course
I surmise that Trump will reverse some of Biden’s Leftist executive orders. But herein lies a cautionary tale: Careful wording is essential in every such order, and limitations on its implementation should be part of the order to prevent wayward bureaucrats from overreaching their authority—or responsibility.
*https://www.federalregister.gov/documents/2024/07/22/2024-16225/white-house-initiative-on-advancing-educational-equity-excellence-and-economic-opportunity-through ; Section 2, b, vi
**Northern AG Network. https://www.northernag.net/settlement-reached-in-epa-dispute-over-wyoming-stock-pond/
***https://www.cnn.com/2024/11/08/politics/fema-employee-trump-florida-hurricane/index.html
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