Cuba and certainty in the legislative process

The Miami Herald has a good piece on how Cuba is trying to figure out how to move forward with relations with America.

Alarmed by signs that its fragile relationship with the United States might fall apart under President-elect Donald Trump, the Cuban government is quietly reaching out to its contacts in the United States to determine how best to protect the communist regime’s tenuous diplomatic position.

 

The Cubans are trying to figure out who Trump is, what his real thinking about Cuba might be and how they might be heard by his fledgling administration.

 

 

The Cubans’ chief problem: The contacts they’ve spent years cultivating had the ear of President Barack Obama’s administration. No one close to Trump is — at least publicly — an advocate for their cause.

 

“They did not anticipate a President-elect Trump,” said Jorge Mas Santos, president of the Cuban American National Foundation in Miami.

Now, Trump’s policies positions are at best, erratic. I can’t defend any of what he does let alone understand where it is coming from. But some of the issues raised by the Miami Herald article can be attributed to President Obama’s governing style which had become increasingly marked by bypassing legislative obstacles when implementing his agenda. I supported the rapprochement with Cuba, but process is important. The steps towards a normal relationship with Cuba were achieved through an executive order which can be easily rescinded by the next president. Senate ratification in the treaty process was included to reflect one of the core principles of the founding philosophy that “Ambition must be made to counteract ambition.” State relations shouldn’t be determined by one person. All sorts of warnings can be given for why one individual should have checks on his or her ability to manage interstate relations, most prescient of which is 

An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.

Who knows what sort of deals Trump may cut with Putin through executive orders, but for being such a steely eyed business man, it appears flattery goes a long way with the Mango Mussolini.

There is also the more practical issue of legal uncertainty. The founding fathers required treaties to be approved by 2/3 of the Senate so as to allow American foreign relations to have a certain amount of certainty built into them and to allow for stable expectations about future relationships. Without this process based credibility, companies are trying to allocate capital in the dark as the article notes that

The companies have been in negotiations for months, following the lead of President Barack Obama’s administration, which relaxed commercial and banking sanctions against Cuba’s communist regime. With Trump signaling he’ll take a much harder line toward Cuba, the Obama administration is pushing to settle business agreements that would make it more difficult to undo the president’s Cuba opening.

Hopefully Trump maintains the process of normalizing relations with the Castro regime. But more importantly, lets hope that he doesn’t use the Obama precedent of using executive orders for how he deals with other authoritarian regimes.

One thought on “Cuba and certainty in the legislative process

  1. “An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents.”

    I have long feared this might lead Trump to swap Estonia for the right to build a Trump Tower in Moscow. But I suppose he could also sell out his Cuban-American loyalists for the right to build a golf course in Havana.

    What would really be ironic is if fear of an incoming Trump administration (and the absence of any lingering worry that older brother might find out) caused Raul to get serious about reform.

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