When is the Right Time?

Photo by History in HD on Unsplash

Photo by History in HD on Unsplash

While initially the COVID-19 pandemic seemed to bring some degree of unity to the US, we now seem to be re-fragmenting into our constituent groups.

Where once there was general support for state-wide lockdowns, now Democrats remain in favor of their continuation while increasingly Republicans oppose them and the consequent effect on the economy.

Where there was initially universal support in Congress for swift and decisive federal action, now the two parties are digging into hardened positions that are almost certainly unacceptable to the other side.

On the left, we hear calls for permanent changes to our social safety net, including mandatory paid sick leave, universal basic income, and universal health insurance.

At the same time, the Trump Administration and business groups propose substantial changes to the tax code (such as extending the period for immediate cost recognition of long-term assets and the elimination of payroll taxes and capital gains taxes) and changes to tort law (such as prohibiting certain state law claims relating not just to COVID-19 but to any future pandemic), some of which would be permanent and many of which have been longstanding objectives of business lobbyists.

Whichever side is making such proposals, the other side is horrified that anyone would attempt to take advantage of a national crisis to advance their favorite policies. Now is not the time!

Needless to say, this isn’t the only occasion on which we hear such objections. For example, we hear similar complaints from conservatives when gun control advocates seek new laws right after a mass shooting.

The truth is, great changes are usually brought about by great troubles. The Constitution was only proposed because of the failures of the Articles of Confederation and the effective bankruptcy of the federal government. The Thirteenth and Fourteenth Amendments were adopted after the Civil War to end slavery and (at least in principle) ensure equal rights of citizens. Anti-trust laws came into being in response to the powerful business trusts of the late nineteenth century. The New Deal came in the wake of the Great Depression, and the Civil Rights Act of 1964 was passed while the nation was in the throes of civil unrest.

There is no question that massive changes to our legal system, government programs or our society need to be deeply considered and debated. If change is to be permanent, it is best taken with the understanding and support of a majority of the country.

But just as with the law of inertia, our nation’s direction or speed of motion can only be changed with the application of force. The greater the change, the greater the force required.

Certainly, a national crisis can be used as an ulterior motive to obtain unrelated benefits. And sometimes those benefits are well-hidden, Trojan horses waiting to be allowed into our walls. There is every reason to call such occasions out, and challenge the adoption of those changes.

But that is a substantive complaint, not one of timing.

When is the right time for change? Whenever it is needed.

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The Nature of the Scientific Method

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Legal Reform in the Time of COVID-19