
When Joe Biden was president, Republicans rightly complained that he often abused his power when doing things like cancelling student debts. They also rightly complained when the federal government usurped the power of state and local governments. The GOP is traditionally seen as favoring “federalism”.
Was the GOP complaint about the president exceeding his constitutional authority, or was the actual complaint that the president exceeded his constitutional authority while pursuing Democratic Party objectives? Perhaps this can answer the question:
President Trump and his new transportation secretary, Sean P. Duffy, made it sound as if their power to pull the plug on New York City’s six-week-old congestion pricing program was absolute.
Mr. Duffy, who has been on the job for less than a month, wrote to New York’s governor on Wednesday that “I have concluded” that the tolling program, implemented after a grueling, years long process, was not “eligible” under the federal statute used to enact it.
Mr. Trump’s explanation was even less complex: He hit the caps-lock button and invoked his authority as “king.”
“CONGESTION PRICING IS DEAD, Manhattan,” the president wrote on social media, “and all of New York is SAVED. LONG LIVE THE KING!”
Long-time readers know that I’m not President’s Trump’s biggest fan. But in this case, I give him credit for honesty. In the past, commenters have raked me over the coals for claiming that Trump had authoritarian tendencies. I’m glad that I no longer have to make those arguments; I can merely quote from the president’s own statements.
New York’s congestion pricing plan had reduced traffic congestion, despite being poorly designed relative to congestion pricing in some other big cities. If the courts uphold Trump’s decision (which is not at all certain) then we can expect NYC traffic to get worse.
I’ve noticed a recent trend in American politics/policymaking. Politics increasingly seems to be a sort of performance art. Thus trolling is no longer merely a technique used in some situations, it has become a part of the policymaking process. While Donald Trump is the master of the art of trolling, the trend has filtered down to the local level.
A few miles from where I live is the famous surfing town of Huntington Beach. (BTW, California suburbs are big–HB has 200,000 residents.) Huntington Beach recently decided to put a plaque outside the city library. In addition, they decided to spend some money defending the plaque:
Councilmember Gracey Van Der Mark, who submitted the updated design, also said the council had raised an extra $1,000 to pay for a spotlight installation to protect the plaque from vandalism.
You might wonder why a city would assume that they needed to spend taxpayer funds defending a plaque outside a library. See if you can guess why the city council was nervous:
Public policy as trolling.
PS. A brief follow-up to my previous post. Niall Ferguson recently had this to say (replying to JD Vance):
I have said more than once in the past three years that the war would not have happened if President Trump had been reelected in 2020. I supported his campaign for reelection last year, consistently predicted his and your victory, and welcomed the “vibe shift” that victory represented. I have also supported the President’s previous calls to negotiate peace between Russia and Ukraine. So I am not sure I really qualify as a globalist. In fact, I agree with all five of the points you make. Indeed, I praised your Munich speech. . . . But I simply cannot understand the logic of beginning a negotiation this difficult by conceding so many crucial points to Russia.
Those of us who have understood Trump from the beginning are not at all surprised by what we see. Trump has repeatedly praised Putin, even when he was campaigning back in 2016. It’s a pity that so many intellectuals failed to take his comments seriously, and now find themselves bewildered by what is happening.
READER COMMENTS
steve
Feb 20 2025 at 8:29pm
I dont get the motivation for the cancelation other than it was something that NYC, meaning liberals, wanted. In context it’s not something liberals generally support being more of a libertarian idea that in the past has had support among some conservatives. It truly seems like nothing more than trolling or just demonstrating his power as it doesnt do much that is positive. At least with prior Presidents, they may have overreached but it was stuff they thought might do some good and wasn’t aimed at just trolling the opposition.
Steve
Mactoul
Feb 20 2025 at 8:51pm
Authoritarianism is useful when you are trying to downsize the federal bureaucracy– a feat never even attempted.
Glenn Reynolds, a libertarian blogger, calls Trump a libertarian:
“Trump isn’t a joke. He’s delivering more cuts, and more blows to unaccountable Deep State authority, than anyone else ever has and there’s no one else who could do this right now.
So that’s how I, a libertarian, can support Trump. Not a hard choice, really.”
Steve Bannon has called Elon Musk a globalist, not a nationalist at all. And the term globalist isn’t a compliment when uttered by Bannon.
Craig
Feb 20 2025 at 10:12pm
I agree, here’s the breakdown of this cluster…Its cooperative federalism on steroids. I had a bureacratic nightmare once it looked something like this:
https://www.governor.ny.gov/news/governor-hochul-announces-first-nation-congestion-pricing-will-move-forward-improving-air
“Governor Kathy Hochul today announced that the Federal Highway Administration has completed the environmental review of the State’s nation-leading congestion pricing program – Manhattan Central Business District Tolling – following a 30-day public availability period of the Final Environmental Assessment. The federal agency today issued a Finding of No Significant Impact, confirming the conclusion of the Final Environmental Assessment, which includes mitigation measures to be undertaken by the program, that the program will have no significant environmental impacts.”
Governor Hochul said. “I am proud of the thorough Environmental Assessment process we conducted, including responding to thousands of comments from community members from across the region. With the green light from the federal government, we look forward to moving ahead with the implementation of this program.”
The Environmental Assessment (EA), prepared by the Triborough Bridge and Tunnel Authority (TBTA), an affiliate agency of the Metropolitan Transportation Authority (MTA), New York State Department of Transportation (NYS DOT), and New York City Department of Transportation (NYC DOT) in consultation with the Federal Highway Administration (FHWA), found the program is……………
“Before a tolling rate structure can be set, the Traffic Mobility Review Board (TMRB), a body required by the April 2019 State Legislation that established the Central Business District Tolling Program”
This took them six years to implement, God only knows how many man hours to draft up this ‘Environmental Assessment Report” complete with an alphabet soup of local, state and federal government agencies. I don’t know if there is a more inefficient way to do something.
It encapsulates everything wrong with this country.
Scott Sumner
Feb 20 2025 at 11:09pm
Yes, the implementation was very inefficient. But once it’s up and running, why bring the federal government in to make things even more inefficient? Now there’ll be a long court case.
Craig
Feb 21 2025 at 9:13am
That’s fair.
On the one hand I might even say Trump might be acting in revenge with a certain amount of vindictivessness.
But perhaps forgive me my schadenfreude at Trump throwing a wrench in 6 years of government ‘work’ — a perverse pleasure?
Having strong connections to metro NY the process doesn’t just feel inefficient, it feels parasitic to me coupled of course with them reaching down into my pockets to shake me down for my last nickel.
johnson85
Feb 21 2025 at 10:53am
I don’t know anything about the congestion pricing scheme in New York (I generally would favor congestion pricing but can completely believe their set up is just another shake down and not a good faith attempt to allocate scarce resources), but it’s common for federal money to have ties to it.
If Federal money goes into a highway, it makes sense to require that it be generally open to the public. If New York is attempting to use congestion pricing to punish disfavored activity or fund something other than road improvements (I would say transportation but a lot of “transportation” money gets funneled into things like little used recreational bike or walking paths or light rail that makes zero sense other than affluent liberals like trains but thinks buses are low class), then it probably should not be allowed on highways created or maintained with federal money.
I’m not super bothered by tolling or doing congestion pricing on federal roads, but I wish protecting government infrastructure from state impediments was a more consistent concern. The COVID supply chain disruptions were much worse than they should have been because California used state law and local regulations to prevent the reasonable utilization of ports and highways that mostly exist because of federal grants. They shouldn’d be able to extract money from people/businesses just looking to take goods from the ports and place them into interstate commerce.
Matthias
Feb 21 2025 at 5:07pm
Earmarking income from congestion charging for a specific purpose is a bad idea. It should just flow to general revenue.
The point of congestion charging is to make it so that you can use your wallet to bid for priority in road use, instead of being reduced to queuing, aka bidding with your tine.
They could just set the money on fire, and congestion charging would still be better than underpriced roads.
Craig
Feb 21 2025 at 9:56pm
” to bid for priority in road use, instead of being reduced to queuing, aka bidding with your ti[m]e” <–artful way to describe it.
“Earmarking income from congestion charging for a specific purpose is a bad idea.”
If you said to me they will use it to fund school there’s no good nexus there, but they are giving the funds to the MTA, essentially they are taxing the car to subsidize the train (buses as well). In the first month traffic was down 7.5% and ridership was proportionately up.
Jon Murphy
Feb 20 2025 at 10:36pm
Except during the Truman Administration (-1,250,000 jobs), the Eisenhower Administration (-301,000 jobs), Ford Administration (- approx 100,000 jobs), and the Clinton Administration (-350,000 jobs).
Janet Bufton
Feb 21 2025 at 9:56am
Add to this Canada in the 1990s, when the centre-left Liberal Party cut federal spending by 9.7%, the number of federal public servants by 14%, and some federal ministries by 40%, all within the bounds of our laws and the powers laid out in our constitution.
That reductions in the size and scope of government can’t be done in a liberal democracy is a pernicious antidemocratic fiction.
Matthias
Feb 21 2025 at 5:08pm
See also ‘debt brake’ laws (Schuldenbremse) enacted by Switzerland and Germany.
Mactoul
Feb 22 2025 at 9:15pm
Are you counting soldiers discharged from wars in federal bureaucracy?
Jon Murphy
Feb 22 2025 at 9:38pm
No. Just civilian (non military).
Craig
Feb 23 2025 at 2:07pm
In case of Truman the number os non-military (including military the number would be 10mn +) but those changes were impacted by the fact US demobilized.
Jon Murphy
Feb 23 2025 at 2:23pm
Yup. Which is why it’s included as evidence against Mactoul’s claim.
Bob Loblaw
Feb 20 2025 at 10:53pm
Never attempted? Don’t be so melodramatic dudette
Scott Sumner
Feb 20 2025 at 11:06pm
“Authoritarianism is useful”
Well at least you’re honest.
Mactoul
Feb 20 2025 at 11:21pm
Non-authoritarians don’t get to be presidents or prime ministers. Trudeau who suppressed truckers, Obama who imposed Obamacare, Boris Johnson who imposed lockdown–all authoritarians, they only pretended to be otherwise.
steve
Feb 21 2025 at 7:02am
Nope. Leaders often test the limits of their power but Trump is flaunting it. In your examples note that Obamacare got 60 votes in the Senate, almost impossible anymore. The truckers were breaking the law, putting people at risk and Johnson was following the same public health recommendations almost everyone else in world were following. Trump canceled this plan, which was working, not for any beneficial reasons as there were none. It was done because NYC is run by liberals so he had to cancel it.
Reynolds is like so many people who want to suck up to Trump. Trump may or may not want a smaller government but it’s also clear that he wants total control of it and is willing to ignore prior laws and norms to achieve it. The long term effects of what Trump is doing are likely awful if what he does stands. It shows that there are essentially no limits on the powers of the presidency. When the next Dem elected uses this level of extreme power to do stuff Reynolds doesnt like he wont call that person a libertarian. So no, Trump is not a libertarian but rather an authoriatarian doing some things a libertarian might like (and others a libertarian should oppose) with bad downstream effects.
Steve
Scott Sumner
Feb 21 2025 at 1:14pm
“Non-authoritarians don’t get to be presidents or prime ministers.”
This is a silly argument, as it’s obviously a matter of degree. It would be like saying Cuba and Canada are both socialist, because they both have socialized medicine.
Jon Murphy
Feb 20 2025 at 10:45pm
Trump seems to have the same view of the presidency as Curtis Yarvin:
-A CEO is the King of the company
-The President is the CEO of the Federal Government
-Therefore, the President is a King.
Of course, both Yarvin and Trump are deeply mistaken, both about the power (both de jure and de facto) a CEO has and what power a President has. When a CEO tries to act like a king, the firm typically collapses. The knowledge problem reigns supreme over all. The same is true with a President.
Jose Pablo
Feb 21 2025 at 12:24pm
At least a CEO has (or used to have) a fairly clear objective function, making it possible to assess his/her performance.
For a President, however, the objective function doesn’t exist —so much so that different people can simultaneously argue that he/she is doing a great job or a terrible one.
(Also, is it still legal to use his/her these days?)
Craig
Feb 21 2025 at 12:56pm
As our Principate slowly devolves into the Dominate I would like to refer JP and JM to peruse FDR’s inaugural address where he discusses responding to the present emergency, refering to the Great Depression, with ‘broad executive authority’
Matthias
Feb 21 2025 at 5:13pm
The CEO is not king. She acts in service if the shareholders, who she has a fiduciary duty to and can be sued over breach of that duty, and can be fired, too.
Kings are generally hard to fire by normal means.
However I do which American presidents would act like the kings and queens of Australia and Canada do these days: waving and shaking hands and unveiling plaques, but otherwise staying out of the way.
Jose Pablo
Feb 21 2025 at 1:00pm
It’s kind of sad to read Niall’s weak response after being singled out and insulted by the Vice President. Quoting from JD Vance’s comments on Niall’s initial post (I was appalled by the tone):
This is moralistic garbage, which is unfortunately the rhetorical currency of the globalists because they have nothing else to say. (…)
Instead, he quotes from a book about George H.W. Bush from a different historical period and a different conflict. That’s another currency of these people: reliance on irrelevant history. (…)
[“Irrelevant history”?? Niall, of all people?]
It is lazy, ahistorical nonsense to attack as “appeasement” every acknowledgment that America’s interest must account for the realities of the conflict. That interest—not moralisms or historical illiteracy—will guide President Trump’s policy in the weeks to come.
Maybe I’m reading too much into Niall’s response, but it seems to me like he’s startled, cautious, and trying to de-escalate. And rightly so—you don’t challenge the king lightly.
Perhaps we should all take this as a warning.
Scott Sumner
Feb 21 2025 at 1:16pm
A sad day for American politics; we’ve really fallen in the gutter.
Alan Goldhammer
Feb 21 2025 at 3:21pm
There are lots of examples of congestion pricing or control. Highways have HOV lanes and in some cases there are higher charges (thanks to EZ pass) during rush hours. Uber certainly has congestion pricing (though they are a private entity). Some bridges have high occupancy lanes that allow for faster crossing which is a form of this (the Bay Bridge from Oakland to San Francisco). Anyone who has spent time in Manhattan and been caught up in traffic realizes that congestion pricing is a good thing.
Matthias
Feb 21 2025 at 5:14pm
Yes. And you can also just come to Singapore or London etc to see urban road congestion pricing work in practice.
Monte
Feb 22 2025 at 12:08am
“Politicians are the lowest form of life on earth…. Democrats are the lowest form of politicians.” – G. S. Patton
One up for Trump.
nobody.really
Feb 28 2025 at 8:42pm
Hypothesis: Trump isn’t negotiating with Russia. Trump is negotiating with the EU, trying to get them to beef up their military. To this end, he wants to persuade them that that they can no longer rely on the US.
Recall that both Reagan and George W. Bush presented an image of a crazy, trigger-happy cowboy, and this may have helped the US in international relations (say, in getting Iran to release hostages). Of course, ACTUALLY making decisions like a crazy, trigger-happy cowboy may have helped get some US soldiers killed, but that’s another matter….
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