Over the years, we’ve had many cases of tragedies and atrocities leading to over-reactions and bad decisions being made before the initial shock and hysteria have worn off. For example, the anger and grief generated by 9/11 led to the Patriot Act. Pearl Harbor resulted in Americans with Japanese blood being placed in internment camps. A few publicized horror stories and urban legends are behind much of the draconian drug legislation that led to things like marijuana being classified as Schedule I.
What I propose is a mandatory waiting period before new federal laws can be created in response to the moral panic or tragedy of the day, so as to give the fervor and hysteria time to subside before a decision is made. Say, six months. If you’re still wanting to pass strong legislation after six months, then at least there’s been some time to calm down and reexamine the issue with a cooler head.
Congress didn’t vote to intern the Japanese. Roosevelt signed Executive Order 9066, which allowed people to be excluded from “war areas”, and the West Coast commanders interned the Japanese(-Americans) under that authority.
Who gets to decide what a crisis is, and when the six month clock starts running?
The Colorado theater shooting was eight months ago. So under your rule, would it be okay to pass a new gun law in January, regardless of the Newtown shooting? Or does every mass murder reset the clock?
It occurs to me that some people might read this as a pointless nitpick, but it’s not. My point is that people will find away to do something stupid in a crisis with whatever tools are to hand.
Terrible idea. We don’t know what future crises may entail and what actions might need to be taken and when. This is another plea to save us from ourselves, and potentially causing more harm that it stops.
The cooling off period is kind of built into the system already. 500+ congresscritters usually can’t pull themselves together long enough to do much of anything of substance (see the budget situation.) I believe our founder father designed it that way. The problems come about the few times they actually agree on something, as in the examples in the OP.
More parties, more division in our leaders, more red tape and less ability to get things done. Perhaps gags would be a good idea too.
There should be a cooling off period for reporters who are quick to sensationalize and loathe to gather facts. They report every rumor as fact for the first few days of an event and spur the government forward to do something, then drop the story for the next shiny object before the grownups can even gather the real facts.
Japanese Internment was done via Executive Order. The Patriot Act has been renewed since it was initially passed, so its pretty obvious that its support in Congress doesn’t just come from proximity in time to 9/11. As for the Marjuana thing, I’m not sure how you can say that a law can’t be passed six months after an “urban legend”.
So apart from being a bad idea for the reasons others gave in this thread, its doesn’t appear your solution would even solve the cases you’ve used as examples.