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The
Indispensable Man
by Ryan McMaken
by Ryan McMaken
As the presidential election of 1940 approached, Garet
Garrett, the great writer of the Old
Right, pondered the implications of Roosevelt’s nomination for
a third term as president of the United States. Writing in the fall
of that year, Garrett watched in alarm as the Roosevelt administration
rushed to send American ships and other military aid to Britain.
This aid did not come with the consent of Congress or with any other
legitimate instrument of American law, but emanated from nothing
more than the personal will of Roosevelt himself. While Garrett
was certainly opposed to American entanglements in European politics,
he was far more disturbed by the fact that American treasure and
American lives were being surreptitiously committed to a war in
a far away land without the consent of Congress and with little
national debate on the matter at all.
Garrett,
however, was not so naïve as to think that the abuse of presidential
power had begun with Roosevelt. As he witnessed the executive powers
being abused by Roosevelt in ever more staggering ways, he considered
that the presidency had been consolidating its power and shredding
the remnants of federalism for decades. Indeed, the question of
the proper extent of executive power had been asked countless times
since the earliest days of the Republic. The convention of 1787
had thoroughly wrestled with the problem, and as Garrett observes:
"The problem was how to limit the power of the executive, who
might be called magistrate or president; limit his access to the
emotions of the people lest he persuade them by promises and by
eloquence to make him monarch."
But
in fact that power has not been limited. Garrett recounted the numerous
and constantly accelerating steps from Republican government to
"unlimited democracy" in which –in the mind of the president
and his men the will of "the people" is somehow magically
transformed into the will of the executive. Such a thing is impossible,
of course, yet the fantasy had persisted until Americans were finally
prepared to accept what Garrett calls the "doctrine of indispensability
– the doctrine of one leader above all, infallible, who knows better
than anyone else what is good for people and how to do it."
For
Garrett, this state of affairs had been made possible by abolishing
the barriers between the passions of the mob and the man at the
top promising unending largesse and utopian goodness: a truly independent
electoral college, indirectly elected senators, and a constitutional
proscription against direct taxation. All were torn down to make
room for the indispensable man, and to be sure, the public was happy
with such certainty in infallible men on which to hang their affections.
Although
their warnings were ignored, many of the men at the constitutional
convention of 1787 predicted as much. During the debates of June
1, 1787, Roger Sherman of Connecticut opposed an independent presidency
altogether. He declared that the executives should be little more
than functionaries of those who make the laws, that leaving interpretation
of laws up to independent executive was foolhardy, and that the
legislature should be free to vary the number of executives at will.
Along similar lines, Edmund Randolph of Virginia strenuously opposed
unity in the executive branch, arguing that an institution that
puts such power in one man would surely be "the fetus of monarchy."
To allow one man to preside over a nation with such prestige would
be contrary to all notions of republican law, thus Randolph suggested
an executive of three men, lest the country suffer the same fate
as the many despotic states of the world with their single executives.
The history of man had illustrated Randolph’s point dozens of times
over, and as Benjamin Franklin warned, "there is a natural inclination
in mankind to kingly government."
But,
proving Franklin’s point, the defenders of a "vigorous Executive,"
with little more than eloquent speech behind them, claimed that
only a single man as executive could provide the "energy, dispatch,
and responsibility" necessary to the office. John Rutledge
magically divined the moral quality of all future presidents and
concluded that a single executive would "feel the greatest
responsibility and administer the public affairs best."
George
Mason, however, scoffed at the use of such elevated language, suggesting
that "the Secrecy, the Dispatch, the Vigour and Energy"
which will be derived from a single executive are perhaps "greater
in Theory than in Practice." For in a true republic, Mason
tells us, such vigor and energy can always be found in the people.
Certainly, the Greek Republics, the States of Holland, the Swiss
Cantons, and indeed, the American colonies themselves all without
national leaders had defeated mighty kings and armies through the
fruits of a free citizenry. The pre-occupations with vigor and energy
"have been strongly insisted on by all monarchical Writers,"
Mason reminds us, and he remained unconvinced.
Today,
with Presidents wielding power that would have made 18th
century kings bristle with envy, it would appear difficult to claim
that we, to use Mason’s words, have not "degenerated in monarchy."
If not in name, then certainly in fact. And this is what Garrett
observed in the gloomy autumn of 1940. The power of the Presidency
had become so great that not surprisingly those who had already
grasped such power concluded that "the power is too much to
lay down" and that the president has a "duty to keep the
government from passing to other hands." They claim that "if
our own government should pass to other hands next January – untried
hands, inexperienced hands – we can merely hope and pray that they
will not substitute appeasement and compromise with those who seek
to destroy all democracies everywhere."
One
would like to think that such bluster is not the kind of "energy"
and "dispatch" envisioned by John Rutledge and his allies,
but it has nevertheless become the language of the American presidency,
and it is certainly very far from that office of republican magistrates
envisioned by Mason and Randolph. Yet every four years, we Americans
hear such pretensions to kingly indispensability and we believe.
It is to our shame.
August
14, 2004
Ryan
McMaken [send him mail]
is a regular columnist for LewRockwell.com.
Copyright
© 2004 LewRockwell.com
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