Comment You're mis-identifying the problem (Score 5, Informative) 74
The federal government has always (for at least several decades) used the threat of removing federal funding to force states to do things that they don't want to do. This is nothing new, and is not, as this summary implies, setting a dangerous precedent.
The difference is that normally, this is used to do things that add standards intended to make things better/safer for the general public or serve some legitimate public need.
This is being done to remove standards intended to protect the general public. As a general rule, states have always been allowed to have stricter laws than the federal government, just not more lax laws. Using the threat of removing federal funding to take away laws intended to protect the public's rights, reduce competition among content providers, and push the Internet more and more towards a content monopoly is doing the opposite of that.
It's not the federal government using the threat of withdrawing funding to push its agenda that is bad. It is the agenda itself that is bad. It is fundamentally antithetical to the rule of law, fundamentally contrary to the regulatory powers required to maintain a functioning capitalist system, and fundamentally contrary to the public interest. It is putting greedy corporations ahead of the American people.
Additionally, the executive branch taking such an action without authorization from Congress is also bad. The long history of doing this has, to my knowledge, been limited to the executive branch acting on laws passed by Congress that give them the authority to withhold funds for specific non-compliance reasons. Doing so in the absence of such laws is likely a violation of the separation of powers.
But unfortunately, the current administration has a long history of violating that separation of powers, doing various illegal acts, knowing full well that it will take months for the courts to strike down those acts, and that the damage will have been done by then, and using the threat of such illegal executive orders as a way to extort concessions out of states, government agencies, corporations, nonprofits, and individuals. And that right there — the repeated willful commission of unconstitutional acts for borderline felonious purposes — is a fundamental abrogation of their oath of office.
So the way I see it, there are only three ways to fix the problem:
A. Pass laws clarifying that Congress has exclusive power of the purse, and that the executive branch shall not retract funding to any state, any agency, or any individual for any reason unless the right to retract funding for that specific reason is explicitly codified in the relevant law as an executive power, and that this rule shall apply to all government agencies, without exception, superseding all previously assumed authority, and providing criminal liability for anyone acting in contravention of this law, with no statute of limitations. That way, federal agency heads who act on such executive orders will no longer be protected by any assumption of legality or constitutionality, and will risk future criminal charges if they act on an executive order that violates the separation of powers in this way.
B. Remove the people who are pushing this agenda, whether through the ballot box, through impeachment, or both.
C. Do both A and B.
