The imperial presidency?
Iknow, I know; you’re probably sick and tired of hearing Donald Trump is not the cause of our problems, he’s merely a symptom. But one of the major dilemmas facing us today is the fact that our three-equal-branches form of government has been gradually reduced to an imperial presidency by which the chief executives exercise powers far beyond those originally intended by the Constitution.
The document that established the world’s first successful democratic republic clearly reflects our Founding Fathers’ mistrust of human nature. A healthy skepticism led them to construct a system of checks and balances that established the world’s first government of laws, not of people. Could they have anticipated Donald Trump 230 years in advance? But seriously, our problems began long before Trump’s arrival.
Our constitution is flexible enough to allow presidents to personally guide the nation through crises such as wars, natural disasters, depressions, etc. As examples, the administrations of Lincoln, both Roosevelts, Truman, Eisenhower and Reagan immediately come to mind. But when the crisis has been resolved the legislative and judicial branches are supposed to reassume their assigned roles and responsibilities.
But, beginning in the early 20th century, this hasn’t always happened. The Constitution directs that only Congress can declare war. But Truman, Kennedy, Reagan, both Bushes, Clinton and Trump all launched foreign attacks with little or no input from the legislative branch. Our founding document also requires that the Senate approve all foreign treaties. But Trump arbitrarily revises and cancels them at will.
For almost a year President Trump arrogantly ignored his constitutional duty of filling a Supreme Court vacancy. He also refused to fill other important positions, particularly in the State Department. He intentionally left key ambassadorships unfilled in diplomatic hotspots like South
Korea, Turkey and Egypt.
One observer commented: “Diplomatic work left undone accrues upward to the Oval Office where it is free from oversight and public scrutiny. And that’s right where Donald Trump wants it.” Today our foreign policy is often conducted by the least-knowledgeable, least-prepared, least emotionally-stable president in history. And he often comments via Twitter rather than the State Department.
Lincoln exercised special powers during the Civil War, including a temporary income tax by presidential decree. Congress objected, but the war was over before the courts could rule on it. The next fifty years saw a succession of relatively weak presidents who allowed Congress and the Courts to exercise their assigned powers. But then along came Teddy Roosevelt and his “bully pulpit” approach. TR accomplished some good things on the domestic front but also tried to make the U.S. another colonial power. Thank God, he mostly failed.
During World War I Woodrow Wilson assumed special wartime powers, but not always wisely or justly. But he was followed by three presidents who were less intrusive on congressional prerogatives. During the Great Depression and World War II Franklin Roosevelt assumed near-dictatorial powers which he exercised sometimes wisely, other times not. And most presidents since FDR have continued to expand these extraconstitutional executive powers.
Restoring our democratic republic will require more than simply defeating Donald Trump in November. We must reestablish our trust and civility toward one another and find ways to bridge this bitter partisan divide that makes cooperation almost possible. But do we really understand the three branches of government’s roles?
George B. Reed Jr., who lives in Rossville, can be reached by email at reed1600@bellsouth. net.