WEBVTT

NOTE Unimagined Power: The Presidency in the History of Political Philosophy

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Legend has it that the U.S. was founded incipiently, if not explicitly, as a presidential government.

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Whether this tendency was already present in the minds of the founders or whether it emerged as an historical destiny to be ecstatically embraced,

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an executive regime is what supposedly we were meant to be.

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An entire school of American historical writing, which has dominated public education since mid-century,

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elevates presidential powers to the skies.

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Identified with academic celebrities, Arthur Schlesinger, Clinton Rossiter, William Wachttemberg, James M. Burns and John Morton Blum, among many, many others,

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this American historiography treats what is best in our past as the work of activist presidents.

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Individually and collectively, these presidents pushed our country toward what intellectuals wanted it to become,

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a social democratic experiment bringing the benefits of our reformed society to a still unredeemed world.

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This mission civilisatrice is essential to presidential government as conceived by mainstream historians,

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and all of the major conflicts into which our leaders have pushed us from the Civil War on,

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with the possible exception of the Spanish-American War, are seen as morally desirable actions.

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Though the Vietnam War occasioned doubts for at least some of these historians, who were never

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as anti-communist as they were anti-fascist and teutonicphobic, the storyline has remained largely

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the same. International involvement is mandated by morality and our global position, and only

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those who suffer from Richard Hofstadter's paranoid style of politics or Joshua Moravchik's

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isolationist impulse com antisemitism reject America's rendezvous with destiny. In Arthur

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Schlesinger's scenario, the U.S., as fashioned by Wilson FDR in Truman, defines and upholds

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is a vital center, which stands between two ominous extremes, communism and what is generically called the right.

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The latter is sufficiently sweeping category to take in such a medley of evils as anti-New Deal Republicans,

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Francisco Franco and the shattered remnants of Nazi Europe.

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It would be tedious for me to dwell on this characterization of presidential America for an obvious reason.

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All of us know what I am characterizing most of us have had it drummed into our heads by

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middle and highbrow culture and by American educational institutions.

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One does not have to visit Mount Rushmore or look at our coins to get the point.

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The U.S. is a land of morally driven energetic presidents who have made us into the envy

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and dread of the world.

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They have nudged and sometimes pushed us into assuming international leadership while moving

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Coming around the furnishings in our own national home. In the extreme example of this thesis,

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put forth by Harry Jaffa and Gary Wills, our greatest president, the santus omnium sanctorum,

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Abraham Lincoln, had to reconstruct our regime and our national purpose to provide us with

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a second birth in freedom. This is the way these historians understand the Civil War

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are as a bloody rite of passage into a new America dedicated to democratic equality.

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Such arguments about a presidential America prevail despite a very different founding,

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one that Mavericks, Bradford, Emmy Bradford, Murray Rothbard, George W. Kerry and Forrest

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MacDonald have all focused on.

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These and other scholars bring up the embarrassing fact that the authors of the Constitution

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and Federalist Papers, assumed they were establishing a legislative republic.

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It was a legislative republic that would be dominated at the federal level by Congress,

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not by the President, and certainly not by what is the weakest of the three branches

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in Hamilton's phrase, the Supreme Court.

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The preeminence of a legislative seemed inevitable in a republic, and the founders devoted more

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More attention to that body than to any other branch of government discussing its power

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and their limits in Article I of the Constitution.

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The assignment of a presidential veto in Article II was not intended to allow the president

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to push around Congress, but as indicated in Federalist 51, was thought necessary, quote,

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to allow him to defend himself.

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The need for such a defense is undeniable, explains Publius, quote, in a purely Republican

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and Regime, and which the tendency of the legislature to overwhelm the other branches

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of government is almost irresistible." In such situations, representatives appear

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disposed to assert an imperious control over the other departments, and as they commonly

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have the people on their side, they act with such momentum as to make it very difficult

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for the other members of the government to maintain the balance of the Constitution.

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Not belief in a necessary and salutary executive supremacy, but to the contrary a very different

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assumption, namely that presidents would be irreparably weak in republican governments

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cause the founders to assign countervailing powers to the executive in dealing with Congress.

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A more considered defense of the American executive power made by Straussian authors

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Martin Diamond, Harvey Mansfield and others is that presidential government, though not

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mandated by the American Revolution and certainly not by the Constitution, came along in the

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course of time and that was a good thing.

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That turn has contributed to a more just society and to a more peaceful and more democratic

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World, wherever American influence has been brought to bear. Such a defense typically

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cites all the happy outcomes attributable to presidential energy, the emancipation of

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slaves, the victory of democracy in the two world wars, civil rights enforcement, New

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Deal initiatives. Without strong executives at the right moment, we are made to think

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American democracy and democracy in general would not have prevailed. It is fairly predictable

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So what old Republican critics of such a view would respond, in fact, the tracks of Rothbard, Rockwell, Raimondo, Nock, H.L. Mencken, all serve as illustrations to wit.

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Overarching executive power has made a mockery of the rule of law that Caesarism by any other name tramples on Republican liberties, that if the U.S. had stayed out of the First World War,

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As John Denson points out, it had not lied its way into it, the European powers might have been forced to make a peace without conquests.

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Moreover, continues this rejoinder, Lincoln's war against the South's constitutionally defensible, albeit imprudent secession, cost the American people over 600,000 lives, as well as the end of the Old Republic.

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But despite the fact that these respondents would differ in their judgment from the promoters of executive energy,

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they would all agree on the general picture of what has happened.

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Both sides look at the rise of presidential power as the major political change since the Civil War

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and even more since the Progressive Era.

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Both stress that the consolidation of presidential power took place at the expense of Congress

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After a long struggle for federal control between the two branches, one might also perceive an overlap in the way the two sides trace presidential ascendancy from Hamilton's establishment of a central state with centralized banking and a monarchical president through Lincoln's seizure of despotic or dictatorial power down to the activist interventionist executives of the century. Though most in this room would disagree,

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With the triumphalist depiction of the process, they would accept the evolutionary course it highlights.

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That is, from Congressional Republic to Presidential Empire.

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The same process is outlined in James Burnham's grim study of American Congressional Government

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as the one major curb, in James Burnham's words, on the soaring executive and an unleashed

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bureaucracy.

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Congress ceases to be an active, functioning political institution, wrote Burnham in the

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late 40s, then political liberty in the United States will come to an end.

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While Burnham ultimately opts for the imperial presidency as a corollary of the American

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Empire he thought necessary to oppose Soviet expansion, he nonetheless recognized its Caesarist,

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anti-constitutionalist features.

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Here, writes Burnham, is a symbolic solution, the only possible solution, for the problem

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of realizing the general will, that is for the central problem of democratic ideology.

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Furthermore, writes Burnham, once the structure of government in the modern world, including

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the U.S., moves away from the rule of law, the only alternative will be the soaring rule

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of Caesarism.

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I, for one, have no problem with Burnham's strictures about presidential power, or with

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Note this distinction between a Republican rule of law vested in Congress and the presidential

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Caesarism that ensued.

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It is equally reasonable to treat early American history as belonging predominantly to the

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first, and most of our more recent history as betokening the second.

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In fact, it may be argued that down to the present century even vehement assertions of

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presidential power, e.g. by John Adams and the Aliens Addition Act, by Andrew Jackson

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and the Nullification Controversy by Abraham Lincoln, far, far more cataclysmically, during

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the Civil War, did not exhaust the Republican framework of our government entirely.

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Movement back in the direction of congressional authority, shared sovereignty with the states

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and effective limits on federal overreach usually followed periods of extraordinary

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assertions of presidential will.

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After the Civil War, when a largely Republican Supreme Court struck down Reconstructionist

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Legislation, breaks were put on the Central State by the Central State itself. From the

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Civil War down to the Progressive Era, with the possible and useful exception, in my opinion,

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of the old Democrat Grover Cleveland, presidential power was at least as restrained as it had

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been in the early Republic. It is only since the twentieth century that, save for the Harding-Coolidge

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anomaly, the presidential momentum has seemed unstoppable. Presidential bureaucracy has reached

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which the density of a middle-sized municipality, presidents initiate wars, pretty much at will,

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and national media and their academic echoes favor even further extension of presidential

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prerogative, providing these prerogatives fit the progressive models of social reconstruction

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favored by the media.

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Despite these developments, I would suggest a modification of the received view of presidential

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power.

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The apparent enhancement of executive authority is also something else.

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Indeed, by now it is principally something else, the expansion of the managerial state.

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The American intellectuals and journalists who drool over bumptious executives have no

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Most scruples about running down and even unseating presidents when it suits their needs.

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They will turn around, as Arthur Schlesinger and other liberals did, and decry imperial

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presidents even when associated with liberal policies, as in the case of Johnson and Nixon,

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when they decide they want someone else in the White House.

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Most of our opponents are no more pro-presidential than the Earl of Warwick during the War of

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the Roses, who is pro-monarchical.

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They support executives they and their friends can jerk around or whom they happen to fancy.

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It is unfitting to compare such devious opportunists to divine-right monarchists or to those who,

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like Carl Schmitt, believed honestly in executive dictatorships.

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Moreover, the executive democracy that our opponents talk up has less and less to do

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with presidential energy.

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It does not require willful presidents, but demands figureheads who allow the right sorts

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of Status to Take Charge. Those who extol Clinton's policies would likely turn on him

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in an instant if he issued executive orders defanging federal anti-discrimination enforcement.

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What has happened is that most federal administration is now tied to the executive, and so the chattering

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class praises that branch as the one especially concerned about human rights as opposed to

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and Mir Republic and Liberty. Note that I am not denying that presidents in the past contributed to the unmaking of constitutional government, but such is no longer the case because of frantically energetic executives.

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Our presidents are becoming like Scandinavian monarchs, photogenic frontmen for a managerial dictatorship.

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While Danish and Swedish kings in the past crushed local liberties and instilled servile habits, their descendants provide or function as decorative art for socialist governments.

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They make public appearances and dutifully read speeches prepared for them by leftist administrations in a way that prefigures the current American presidency placeholding monarchs reign while administrators rule.

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But our executive may be more problematic. After almost a century of constitutional derailment, bringing cumulative power to the office of the president, both the possibility and temptation to abuse that office exists.

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If the abuser cultivates journalists in the permanent administrative state, he should be able to get away with considerable mischief.

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Spraying countries disliked by the media with bombs to the accompanying applause of House Republicans may not even be the worst of it.

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Each time the President steps forth to call for collective atonement for racism, sexism, homophobia, or speciesism, he encounters diminishing public objection and resident media approval.

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Today, most Americans do not care if the same President, who inflicts quotas and sexual harassment suits on other white males, takes gross liberty with female employees.

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What for others is a public disgrace and a costly crime is for him a private matter.

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For tens of millions of Americans, mostly black and female, it is outrageous that one

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dares even to judge the PC occupant of the Oval Office.

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Whatever else has caused the suspension of ethical judgment, it is certainly related

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to the cult of the President.

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The German President, who is a largely powerless windbag, does not have the resources to become

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a Clinton-like deity.

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He is a proper figurehead who is intended to be little more.

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We would do well to imitate this German practice and not to allow our executives their present

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cultic status.

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The most that can be said in favor of energetic presidents in the past is that they resembled

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willful monarchs of centuries past.

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Because of their unfettered energies and contempt for constitutional restraint, powerful presidents

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increase not only their own influence but the imperial sway of their country.

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But this does not justify adulation for the Presidency in general, or for its current

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depraved occupant, any more than admiration for, say, William of Orange should predispose

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one to empower Prince Charles to invade other countries or to punish the sexism of his subjects.

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An argument can be made that presidents should be forced to accept the original limits on

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their power.

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To this the response from George Will, the neoconservative weekly standard, would be

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that an emasculated president leaves us vulnerable.

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This of course begs the question, vulnerable to what?

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Are we speaking of an invasion from Latin America, or the incursion of Middle Eastern

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terrorists?

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Both are now happening with presidential support, and partly because of the immigration policies

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is endorsed by the conservative opposition, in quotations.

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Besides lamenting, a weakened executive branch is a bit like worrying about the future barrenness

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of teenage recipients of welfare if we discourage underclass fertility.

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Let's worry about present excesses and not conjure up hypothetical alternative ones.

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All the same, any attempt to control the presidential mystique will likely fail unless strenuous

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actions are taken to rein in federal bureaucracy. Administrative tyranny will continue to rage

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no matter under what branch of the federal government. It can thrive as easily behind

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a congressional shield as a presidential one and behave equally arbitrarily in either case.

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In conclusion, let me quote from one of the most cloying tributes to presidential arrogance

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ever devised, the deprecation of Dwight Eisenhower in the revised edition of Clinton Rossiter's

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The American Presidency.

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According to Rossiter, and I was forced to read this disgusting book as an undergraduate,

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Eisenhower quote, came to the office with practically no thoughts about its power and

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purpose.

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He had swallowed a good deal of the propaganda directed at Roosevelt in Truman, and the result

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was a first year in office during which his view of his power was not much different from

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that announced long ago by William Howard Taft.

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Rossiter Scholes Eisenhower, quote, for asking congressional approval in 1955 for the authority

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to defend Formosa and the Pescadores, unquote.

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Because of this quaint belief that the President was somehow, quote, under a stern obligation

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to ask congressional support for the deployment of troops, Eisenhower was willing to cripple

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and the striking power of the presidency in a crisis, unquote.

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Rossiter believed that, quote, history, and let me tell you, I believe this junk at one

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time.

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I mean, I'm not only reading, I, you know, as long as it's almost with, you know, fear

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and trembling for my soul, but I'm reading this stuff.

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I believe this as an undergraduate in college.

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Rossiter believed that, quote, history will likely judge Mr. Eisenhower's leadership

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to have been the most disappointing of all because of his failure to extend executive

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power in two areas, quote, his abdication of moral and political leadership in the crisis

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of integration in the South and his refusal to push steadily for solutions of the crisis

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of education by imposing a federal solution, unquote.

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Rossiter despised Eisenhower for not going far enough both to impose federal control

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over Learning, and to reconfigure social life in the American South.

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But what he blamed on Eisenhower's, quote, modest conception of the presidency, unquote,

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the failure to engage in grandiose social engineering, no longer hinges on the person

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of the chief executive.

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Rossiter's plan for the American presidency can now go forward at an accelerated rate

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because it has been turned over to bureaucrats, judges and opinion-wrenchers.

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Meanwhile, the President has grown weaker domestically, but does enjoy one remaining

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dangerous power.

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Though he cannot undo it without having held to pay, he can, or he is allowed to fast-forward

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the Left's agenda with minimal opposition.

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From an experiment in Caesarism, the American presidency has now become an appendage of

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managerial tyranny.

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The Center of an Imperial Regime, it has been occupied by an ideologically driven bureaucracy

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with a debauched puppet cast in the unlikely role of Caesar Augustus.
