An 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 that our three-equal-branches form of government has been gradually reduced to an imperial presidency by which the chief executive exercises 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 should reassume their assigned roles and responsibilities. But beginning early in the 20th century this didn’t always happen. 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 directs that the Senate must approve all foreign treaties. But Trump arbitrarily revises and cancels them at will.
For almost a year President Trump arrogantly ignored his constitutional duty to nominate someone to fill 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 writes: “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.” Our foreign policy today is mostly conducted by the least-knowledgeable, least-prepared, least emotionally-stable president in history; and most often via Twitter rather than the State Department.
Lincoln exercised unauthorized powers during the Civil War, including a temporary income tax by presidential decree. Congress objected, but the war was over before the courts could review it. The next 50 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. He was then followed by three presidents who were less intrusive on congressional prerogatives. During the Great Depression and World War II Franklin Roosevelt assumed neardictatorial powers, which he exercised sometimes wisely, other times not. And most presidents since FDR have continued to expand these extra-constitutional 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 problem?
George B. Reed Jr., who lives in Rossville, can be reached by email at reed1600@ bellsouth.net.