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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, June 12, 2012

What Would Obama Do If Reelected?

The New Yorker (Article by Ryan Lizza): The excerpts below pertain to immigration only.

In November, 1984, President Ronald Reagan was reëlected in a landslide victory over Walter Mondale, taking forty-nine states and fifty-nine per cent of the popular vote. The Reagan revolution was powerfully reaffirmed. Soon after, Donald Regan, the new chief of staff, sent word to a small group of trusted friends and Administration officials seeking advice on how Reagan should approach his last four years in office. It was an unusual moment in the history of the Presidency, and the experience of recent incumbents offered no guidance. No President since Dwight D. Eisenhower had served two full terms. John F. Kennedy was assassinated. Lyndon Johnson, overwhelmed by the war in Vietnam, had declined to run for reëlection in 1968. Richard Nixon resigned less than seventeen months into his second term. Gerald Ford (who was never elected) and Jimmy Carter were defeated. By the nineteen-eighties, it had become popular to talk about the crisis of the Presidency; a bipartisan group of Washington leaders, with Carter’s support, launched the National Committee for a Single Six-Year Presidential Term.

Regan’s effort to foresee a successful second term is documented in a series of memos at the Reagan Library. President Obama, who in November could face one of the tightest bids for reëlection in history, has periodically spoken of his admiration for Reagan. “Ronald Reagan changed the trajectory for America,” he told a Reno, Nevada, newspaper in early 2008. “He just tapped into what people were already feeling, which was we want clarity, we want optimism.” From the inception of his Presidential bid, Obama has sought to present himself as a leader with far-reaching ideas, and has prided himself on his ability to look past the politics of the moment. To the degree that he is able to ponder his strategy for the next four years, it’s natural to think he might steal a glance at the Reagan playbook. Responding to Regan’s confidential memo, Tom Korologos, an adviser to every Republican President from Nixon to George W. Bush, told the Reagan White House that the second term should be viewed from the standpoint of the President’s intended legacy.

“It seems to me that the President needs to decide what his legacy is going to be,” Korologos wrote on January 24, 1985, a few days after Reagan’s second inaugural. “What is he going to be the most proud of when he’s sitting at the ranch with Nancy four and five years after his Presidency? Is it going to be an arms control agreement? Is it going to be a balanced budget? Is it going to be world-wide economic recovery? Is it going to be a combination of all of this: peace and prosperity? . . . Every speech; every appearance; every foreign trip; every congressional phone call and every act involving the President should be made with the long-range goal in mind.”

Every President running for reëlection begins to think about his second term well before victory is assured. In early 2009, Rahm Emanuel, Obama’s first chief of staff, told me that the White House was already contemplating the Presidency in terms of eight years. He said that it was folly to try to accomplish everything in the first term. “I don’t buy into everybody’s theory about the final years of a Presidency,” Emanuel said. “There’s an accepted wisdom that in the final years you’re kind of done. Ronald Reagan, in the final years, got arms control, immigration reform, and created a separate new department,” that of Veterans Affairs.

Obama’s campaign is well aware that he may end up like Jimmy Carter or George H. W. Bush, the two most recent one-term Presidents, who were both defeated despite some notable—even historic—accomplishments, including the Camp David Accords, under Carter, and the Gulf War, under Bush. The country remains closely divided, and the economy is teetering again. After several months of relatively positive news, the employment report released in June was gloomy. Barring a disastrous revelation or blunder, Mitt Romney will be a more formidable opponent than many assumed during his rightward lurch to secure the Republican nomination.

Many White House officials were reluctant to discuss a second term; they are focussed more on the campaign than on what comes after. But the ostensible purpose of a political campaign is to articulate for the public what a candidate will do if he prevails. “It’s a tension,” David Axelrod, Obama’s longtime political adviser, said. “On the one hand, you don’t want to be presumptuous in assuming a second term. But campaigns are about the future, and there is an imperative to spell out where we’re going.”

Obama has an ambitious second-term agenda, which, at least in broad ways, his campaign is beginning to highlight. The President has said that the most important policy he could address in his second term is climate change, one of the few issues that he thinks could fundamentally improve the world decades from now. He also is concerned with containing nuclear proliferation. In April, 2009, in one of the most notable speeches of his Presidency, he said, in Prague, “I state clearly and with conviction America’s commitment to seek the peace and security of a world without nuclear weapons.” He conceded that the goal might not be achieved in his lifetime but promised to take “concrete steps,” including a new treaty with Russia to reduce nuclear weapons and ratification of the 1996 Comprehensive Nuclear Test-Ban Treaty.

In 2010, Obama negotiated a new Strategic Arms Reduction Treaty with the Russians and won its passage in the Senate. But, despite his promise to “immediately and aggressively” ratify the C.N.T.B.T., he never submitted it for ratification. As James Mann writes in “The Obamians,” his forthcoming book on Obama’s foreign policy, “The Obama administration crouched, unwilling to risk controversy and a Senate fight for a cause that the President, in his Prague speech, had endorsed and had promised to push quickly and vigorously.” As with climate change, Obama’s early rhetoric and idealism met the reality of Washington politics and his reluctance to confront Congress.

Obama’s advisers say it is more likely that the President would champion an issue with greater bipartisan support, such as immigration reform. Obama has also said that he hopes to have the time and the attention to address a more robust aid agenda for developing countries than he was able to muster in his first term. These issues will loom over his potential second term, awaiting a push from the President. So, too, will the lingering question of who Obama “really” is: an aspiring compromiser, a lawyerly strategist, or a bold visionary willing to gamble to secure his legacy.

Whatever goal Obama decides on, his opportunities for effecting change are slight. Term limits are cruel to Presidents. If he wins, Obama will have less than eighteen months to pass a second wave of his domestic agenda, which has been stalled since late 2010 and has no chance of moving this year. His best opportunity for a breakthrough on energy policy, immigration, or tax reform would come in 2013. By the middle of 2014, congressional elections will force another hiatus in Washington policymaking. Since Franklin Roosevelt, Presidents have lost an average of thirty House seats and seven Senate seats in their second midterm election. By early 2015, the press will begin to focus on the next Presidential campaign, which will eclipse a great deal of coverage of the White House. The last two years of Obama’s Presidency will likely be spent attending more assiduously to foreign policy and shoring up the major reforms of his early years, such as health care and financial regulation.

As William Daley, who served for a year as Obama’s chief of staff, put it, “After 2014, nobody cares what he does.”


Domestically, however, Bush miscalculated his position. Early in his second term, he made a strong play for Social Security reform; it failed miserably, for lack of Democratic backing. “If I had it to do over again, I would have pushed for immigration reform, rather than Social Security, as the first major initiative of my second term,” Bush lamented in his memoir. “Unlike Social Security, immigration reform had bipartisan support.”

But a President who has won reëlection can also feel less tied to his political base and more free to shift toward the political center. At the start of Reagan’s second term, Kingon advised the White House that the victory had allowed him to pursue policies that would advance only with bipartisan support—a precondition for success, given that Democrats controlled the House. Kingon noted that only twenty per cent of Americans agreed with Reagan’s anti-abortion policy and that many Americans voted for Reagan “knowing that he believes in these things but understanding that he would not push for them.” He argued that this was the implicit promise of the Reagan reëlection campaign. Aggressively pursuing social issues, Kingon wrote, would substantially diminish the President’s political support, and would risk failure in other key areas. “I think it is important to remember that there is a point beyond which popular Presidential support erodes, and he can do nothing, e.g., Jimmy Carter,” Kingon warned.

Reagan largely heeded this advice, and he had one of the most successful second terms in American history. He passed immigration reform, a major reform of the tax code, and an arms-control treaty with the Soviets. He also appointed two conservative Supreme Court Justices, Antonin Scalia and Anthony Kennedy. He ended his Presidency with an approval rating of more than fifty-five per cent.

Obama entered office with what many considered a mandate. Taking advantage of large majorities in Congress, he spent the first two years passing major Democratic legislation: financial regulation and health-care reform. But the second two years were devoted to managing the gridlock created by the backlash against the first two, with a resurgent Republican Party intent on Obama’s defeat.

Axelrod told me that Obama has learned from recent history. “President Bush claimed a mandate after the last election and took steps that he never ran on,” Axelrod said, pointing to Bush’s miscalculation on Social Security. “You have to govern boldly, but with the humility of knowing that you can’t assume that people embrace your case—you have to make it, even after the election. The thing that trips you up, and certainly tripped up Bush, is the assumption that, if you win, somehow you can then embark on an agenda that is wholly different from the one you campaigned on.”

If Obama aims to leave a legislative mark in his second term, he’ll need two things: a sense of humility, and a revitalized faction of Republican lawmakers willing to make deals with the President. Given the polarized environment and the likelihood of a closely divided Congress, it seems more implausible to suppose that Obama would turn radical in his second term than that he would cool to his Democratic base.


Increasingly, hints of Obama’s second-term vision are becoming evident on the campaign trail. On June 1st, Obama spoke before a luncheon crowd at a farm-to-table restaurant in a converted warehouse in the North Loop of Minneapolis, just yards from the Mississippi River. The restaurant, the Bachelor Farmer, is owned by two sons of the Minnesota governor, Mark Dayton. They had designed a special menu, which highlighted fresh produce grown on the restaurant’s roof, and the staff wore matching ties made to commemorate the President’s visit. A hundred people who each gave five thousand dollars to the President’s campaign dined on a salad of house-smoked pork and a choice of roasted chicken or Copper River sockeye salmon (a vegetarian menu was also available), as Obama spoke about the politics of his potential second term.

He noted, as he does with some frequency these days, that his original vision of a bipartisan Washington was a mirage. “My hope, when I came into office, was that we would have Republicans and Democrats coming together because the nation was facing extraordinary challenges,” he said. “It turns out that wasn’t their approach—to put it mildly.” He insisted that the G.O.P. had moved too far to the right to make bipartisanship possible. He and John McCain had agreed on issues like immigration, climate change, and campaign finance. “The center of gravity for their party has shifted.”

But maybe, Obama said, his reëlection would halt that trend. “I believe that if we’re successful in this election—when we’re successful in this election—that the fever may break,” he said, “because there’s a tradition in the Republican Party of more common sense than that.” He noted a few areas of possible compromise: deficit reduction, a highway bill, immigration, and energy policy. He repeated the phrase that is becoming a mantra for his campaign: “If we can break this fever.”


But if, as seems likely, Obama will have just one chance of achieving a major piece of domestic legislation in his second term, the most promising focus, according to current and former aides, would be on immigration. “When you look at the whole second term, the biggest issue I think is fiscal soundness, which is the predicate for real economic improvement and growth,” Bill Daley, Obama’s former chief of staff, said. “And then the second big issue I see would be immigration reform.” The DREAM Act, which would legalize undocumented aliens who had come to America as children if they enrolled in college or joined the U.S. military, would be an obvious place to start.

Obama’s advisers believe that the politics of immigration may be the only chance for bipartisanship after Taxmageddon. After a party loses, it goes through a period of self-examination. If, despite the lacklustre economy and a general dissatisfaction with the direction of the country, Obama manages to defeat Mitt Romney, the explanation may be a simple matter of demographics: the Republican Party can no longer win the Presidency without increased support from nonwhite voters.

“If we win, Latino voters will play a big role in that,” David Plouffe said. “The Republican Party is going to have to make a decision. I don’t think it’s much of a decision, actually. They’re going to have to moderate.” The White House is so convinced of the centrality of Hispanics to the current election and its aftermath that Plouffe told me he has been preparing for months for an onslaught of advertisements from a pro-Romney group attacking Obama from the left on immigration, arguing that Obama’s deportation and border-security policies have been too Draconian.

One of the lessons from “Mandate Politics” is that the magnitude of a victory is not as important as defying expectations. Republicans won’t coöperate with Obama simply because he’s won, just as Bush’s 2004 reëlection did nothing to move Democrats. But if the 2012 results reveal that the G.O.P.’s weakness among minority voters, especially Hispanics, is dire, political opportunities that seem unlikely today could quickly become conventional wisdom after November. Romney understands this. “We have to get Hispanic voters to vote for our party,” he recently said at a private fund-raiser, unaware that reporters could hear him. Failure to do so “spells doom for us,” Romney said. A rule that holds up quite well in American politics is that the longer a party remains out of power the more moderate it becomes.


On a recent Friday at the White House, Plouffe stood in front of a map of America, talking about swing states. In some elections, he said, two candidates may try to hide their differences as they woo moderate voters. But this year the Obama campaign would insure that the competing ideologies of the two major parties are not blurred. “Everything we do has to be with that in mind,” Plouffe said.

He named some recent examples. In 1992, Clinton and Bush agreed on certain aspects of free trade and welfare reform. In 2000, Bush ran on a more progressive education platform than his Republican colleagues. McCain once supported a cap-and-trade system and a version of immigration reform now condemned by almost all Republicans. There would be no such “zones of commonality” this time around. “On every major issue, every one, there are stark differences,” he said. “It’s much more ideological.”

This tone is a sharp change. Obama campaigned from 2004 through 2010 as a bridge between competing orthodoxies—a view of the world that flowed directly from his unique biography. In “Barack Obama: The Story,” by David Maraniss, Obama says, “What I retained in my politics is a sense that the only way I could have a sturdy sense of identity of who I was depended on digging beneath the surface differences of people. The only way my life makes sense is if, regardless of culture, race, religion, tribe, there is this commonality . . . and that we can reach out beyond our differences.”

Now Obama is emphasizing the ideological divide, not the bridge across it. “A lot of the tussles that we’ve had over the last three and a half years have had to do with this difference in vision,” he told the audience in Minneapolis, “and it will be coming to a head in this election.”


It took considerable arm-twisting to get Plouffe to think past the details of the daily campaign and consider the long view. “If we win,” he said finally, “January of 2017, what do we want to look back and be able to say? One, we’ve recovered from the recession. Second, our economic and tax policies in this country are more centered on the middle class and on people trying to get in the middle class. Third, the big unmet challenges—health care, education reform, energy, immigration, and reducing the deficit in the right way—we met them.

“We’ve also ended a period of war while taking out our leading terrorist enemies,” he added. “Think about that! That’s a pretty important book of business, and I think that’s the legacy he’d like to leave.”

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