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July 28, 2008

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"...long centuries of an Ango-American concept based on orderly freedom."

This sort of carefully limited "concept", in which the limitations overshadow the concept itself, just tweets "dog whistle" in the loudest way. "Orderly freedom"? Uppity freedom is bad. Spunky freedom is too risky. Shambling freedom is untidy. Orderly freedom is the only freedom up with which we will put. Give me orderly freedom, or give me death!

I don't recall anyone claiming that Nixon actually liked environmental protection or conservation (he certaintly had dislikes, but did he really like anything?), just that he recognized environment as important to constituencies that were important to him. And it wasn't just EPA that got started under Nixon, it was also the Clean Air and Clean Water Acts, NEPA, and, I think, the Engangered Species Act. Russell Train, who was EPA administrator under Nixon, discusses this in Politics, Pollution and Pandas.

What about wage and price con-trolls?

More seriously, I don't know anybody who wants to argue that Richard Milhous Nixon was "liberal." That point is a tendentious one. The more serious point: the Nixon administration produced more liberal domestic legislation than any administration since, including Clinton & Carter. (Btw, if you want to see an old-time EPA-er get misty-eyed, just mention the halcyon days of the Nixon administration. All of Nixon's motives were certified evil, but not all of his actions were.)

As Perlstein outlines in his book, Congress gave Nixon the ability to impose wage and price controls on sort of a double-dog dare. They didn't think he would use them. They were nearly right, too. He avoided using them for a couple of years. But when the political need came around, he used them, just like he'd use anything at all to advance his political agenda.

Nixon tipped his hand regarding the environment years ago, by refusing to spend money budgeted by Congress on environmental programs. The ensuing court case (sorry, law school was 20+ years ago...) established important rights of citizens to sue their governments to enforce laws, contravening the contrary Nixon admin. argument that they shouldn't be allowed to, because the administration is presumed to act in the public interest, even in these cases.

As I type this, it strikes me that N's minions were channeling the theory that would be stated in its purest form in the Frost interview: If the President does it, it's not illegal.

Nixon was certainly no liberal but he lived in almost the last period when liberals - either Democrats or moderate Republicans - dominated Congress. Hence, the train of quite liberal legislation. Still, he didn't fight vigorously over many of these issues. Probably the best explanation is that Nixon didn't care very much about domestic policy. His focus was on foreign policy, and in his second term, on Watergate. He was relatively compliant on domestic matters to purchase some leeway to pursue his foreign policy ambitions.

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