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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Sunday, April 24, 2022

RIP (Sorta) Orrin Hatch

Orrin Hatch, someone who was a familiar political figure in the last few decades as a leading Republican has died. Hatch's heyday was basically in the 1980s-2000s, Senator Edward Kennedy's death sort of an end point there. Hatch and Kennedy joined together at times, especially to promote policies helping children.

Hatch was a cultural conservative who wore that on his sleeve. This led him to come off as a bit of an asshole, including when supporting the nomination of Clarence Thomas. But, again as shown by his working with Kennedy, Hatch did seem like someone who was reasonable.  One interesting moment was when he supported a voting member for D.C.* in the House in return for another representative for Utah. Never happened.

He later became an ally of Donald Trump, using his role as chairman of the powerful Senate finance committee to get a major rewrite of the US tax codes to the president’s desk. In return, Trump helped Hatch deliver on a key issue for Republicans in Utah with a contentious move to drastically downsize two national monuments that had been declared by past presidents.

Nonetheless, it is best not to glorify the guy too much, especial for his strong conservative moves against abortion. And, when Trump came to the scene, he was a big supporter.  So, push comes to shove, he did not care about the good of the republic as a whole. Anyone who did would not support Donald Trump.  Then, the difference between "old Republicans" (including Bob Dole, who died in December) and new is limited.

One article noted he "retired" (telling word for an elected official without term limits) in 2019.  He died at 88, so that means Hatch didn't run for re-election in his mid-80s.  Small favors as seen by Chuck Grassley and Dianne Feinstein (not up yet for re-election, but various reports are her mental agility is slipping significantly) and others.  After he left office, I basically heard nothing about him.  He's one of those "he was still alive? huh" sorts. 

Hatch was followed by Mitt Romney, who is not exactly ideal.  But, he at the very least voted twice to convict Donald Trump.  Minimal republican (small "r") values there.  He also was one of three Republicans who voted to confirm Ketanji Brown Jackson.  Net improvement there.

I'm sure Hatch will be honored by his long term colleague President Joe Biden.  And, as a link shows, even someone who thinks him pretty horrible grants he did a little good.  Not much, but that's something for one's time on earth.  

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[Let's now deal with an extended aside.]

* I did not research the matter in depth so can not convincingly say if this was merely a cynical move on his part, especially since he figured it would fail somehow.  But, this does suggest he supported D.C. having a voting member in Congress.  It was not a one-off.

I personally am wary about giving D.C. a voting member of the House using the current Constitution.  The Constitution seems to say that only states are members of Congress.  As a matter of justice, yes, I think D.C. should have home rule [with some limited federal check involving national concerns, perhaps] and a voting member. I guess the Constitution does not expressly deny this option though it might not hold up in court.  

[Art. I says the House is made up of representatives of "states." The arguments for seem to be general principle, equality, and the Seat of Government Clause.  An explicit reference to the House being made up of states seems rather damning there.  Logically, the Territorial Clause would give the Congress power to bring in voting members for other areas too.]

Two senators for D.C. or statehood (with all that entails) is dubious to me.  Statehood brings with it certain power these days that can be problematic, especially when dealing with an area around the seat of government.  It is bad enough that a few states with less than a million people have two senators and all the powers of a state.  I note that even Indian tribes, who are "nations" in a way, have limited powers. 

The basic reason for doing so is a way to balance the over-represented thinly populated states. I have warily come to accept that sort of "affirmative action" type of argument, especially since it has about the same population as a few states.  Territories other than Puerto Rico do not.  

Sen. Hatch supporting D.C. having a vote in the House without doing so cynically is not really hard to believe. Ultimately, this involved a single vote in the House. I do not know how broad his support for local rule was (gather, e.g., he did not support abortion rights there), but this is a rather limited thing, especially if he got something in return. He might be for Utah, but he also was a U.S. senator, with some national feelings.

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