Down
With the Presidency
by
Llewellyn H. Rockwell, Jr.
by Llewellyn H. Rockwell, Jr.
This speech was delivered at a meeting of the John Randolph
Club in Arlington, Virginia, on October 6, 1996.
The modern institution of the presidency is the primary political
evil Americans face, and the cause of nearly all our woes. It squanders
the national wealth and starts unjust wars against foreign peoples
that have never done us any harm. It wrecks our families, tramples
on our rights, invades our communities, and spies on our bank accounts.
It skews the culture toward decadence and trash. It tells lie after
lie. Teachers used to tell school kids that anyone can be president.
This is like saying anyone can go to Hell. It’s not an inspiration;
it’s a threat.
The presidency by which I mean the executive State
is the sum total of American tyranny. The other branches of government,
including the presidentially appointed Supreme Court, are mere adjuncts.
The presidency insists on complete devotion and humble submission
to its dictates, even while it steals the products of our labor
and drives us into economic ruin. It centralizes all power unto
itself, and crowds out all competing centers of power in society,
including the church, the family, business, charity, and the community.
I’ll go further. The US presidency is the world’s leading evil.
It is the chief mischief-maker in every part of the globe, the leading
wrecker of nations, the usurer behind Third-World debt, the bailer-out
of corrupt governments, the hand in many dictatorial gloves, the
sponsor and sustainer of the New World Order, of wars, interstate
and civil, of famine and disease. To see the evils caused by the
presidency, look no further than Iraq or Serbia, where the lives
of innocents were snuffed out in pointless wars, where bombing was
designed to destroy civilian infrastructure and cause disease, and
where women, children, and the aged have been denied essential food
and medicine because of a cruel embargo. Look at the human toll
taken by the presidency, from Dresden and Hiroshima to Waco and
Ruby Ridge, and you see a prime practitioner of murder by government.
Today, the president is called the leader of the world’s only superpower,
the "world’s indispensable nation," which is reason enough
to have him deposed. A world with any superpower at all is a world
where no freedoms are safe. But by invoking this title, the presidency
attempts to keep our attention focused on foreign affairs. It is
a diversionary tactic designed to keep us from noticing the oppressive
rule it imposes right here in the United States.
As the presidency assumes ever more power unto itself, it becomes
less and less accountable and more and more tyrannical. These days,
when we say the federal government, what we really mean is the presidency.
When we say, national priorities, we really mean what the presidency
wants. When we say national culture, we mean what the presidency
funds and imposes.
The presidency is presumed to be the embodiment of Rousseau’s general
will, with far more power than any monarch or head of state in pre-modern
societies. The US presidency is the apex of the world’s biggest
and most powerful government and of the most expansive empire in
world history. As such, the presidency represents the opposite of
freedom. It is what stands between us and our goal of restoring
our ancient rights.
And let me be clear: I’m not talking about any particular inhabitant
of the White House. I’m talking about the institution itself, and
the millions of unelected, unaccountable bureaucrats who are its
acolytes. Look through the US government manual, which breaks down
the federal establishment into its three branches. What you actually
see is the presidential trunk, its Supreme Court stick, and its
Congressional twig. Practically everything we think of as federal
save the Library of Congress operates under the aegis
of the executive.
This is why the governing elites and especially the foreign
policy elites are so intent on maintaining public respect
for the office, and why they seek to give it the aura of holiness.
For example, after Watergate, they briefly panicked and worried
that they had gone too far. They might have discredited the democratic
autocracy. And to some extent they did. But the elites were not
stupid; they were careful to insist that the Watergate controversy
was not about the presidency as such, but only about Nixon the man.
That’s why it became necessary to separate the two. How? By keeping
the focus on Nixon, making a devil out of him, and reveling in the
details of his personal life, his difficulties with his mother,
his supposed pathologies, etc.
Of course, this didn’t entirely work. Americans took from Watergate
the lesson that presidents will lie to you. This should be the first
lesson of any civics course, of course, and the first rule of thumb
in understanding the affairs of government. But notice that after
Nixon died, he too was elevated to godlike status. None other than
Bill Clinton served as high priest of the cult of president-worship
on that occasion. He did everything but sacrifice a white bull at
the temple of the White House.
The presidency recovered most of its sacramental character during
the Reagan years. How wonderful, for the sake of our liberties,
that Clinton has revived the great American tradition of scorning
tyrants. In some ways, he is the best president a freedom lover
can hope for, more well known for his private parts than his public
policies. Of course, someday, Clinton too will ascend to the clouds,
and enter the pantheon of the great leaders of the free world.
The libraries are filled with shelf after shelf of treatises on
the American presidency. Save yourself some time, and don’t bother
with them. Virtually all tell the same hagiographic story. Whether
written by liberals or conservatives, they serve up the identical
Whiggish pap: the history of the presidency is the story of a great
and glorious institution. It was opposed early on, and viciously
so, by the anti-federalists, and later, even more viciously, by
Southern Confederates. But it has been heroically championed by
every respectable person since the beginning of the republic.
The office of the presidency, the conventional wisdom continues,
has changed not at all in substance, but has grown in stature, responsibility,
and importance, to fulfill its unique mission on earth. As the duties
of the office have grown, so has the greatness of the men who inhabit
it. Each stands on the shoulders of his forerunners, and, inspired
by their vision and decisiveness, goes on to make his own contribution
to the ever-expanding magisterium of presidential laws, executive
orders, and national security findings.
When there is a low ebb in the accumulation of power, it is seen
as the fault of the individual and not the office. Thus the so-called
postage-stamp presidents between Lincoln and Wilson are to be faulted
for not following the glorious example set by Abe. They had a vast
reservoir of power, but were mysteriously reluctant to use it. Fortunately
that situation was resolved, by Wilson especially, and we moved
onward and upward into the light of the present day. And every one
of these books ends with the same conclusion: the US presidency
has served us well.
The hagiographers do admit one failing of the American presidency.
It is almost too big an office for one man, and too much a burden
to bear. The American people have come to expect too much from the
president. We are unrealistic to think that one man can do it all.
But that’s all the more reason to respect and worship the man who
agrees to take it on, and why all enlightened people must cut him
some slack.
The analogy that comes to mind is the official history of the popes.
In its infancy, the papacy was less formal, but its power and position
were never in question. As the years went on and doctrine developed,
so too did the burdens of office. Each pope inherited the wisdom
of his forbears, and led the Church into fulfilling its mission
more effectively.
But let’s be clear about this. The church has never claimed that
the papacy was the product of human effort; its spiritual character
is a consequence of a divine, not human, act. And even the official
history admits the struggles with anti-popes and Borgia popes. Catholics
believe the institution was founded by Christ, and is guided by
the Holy Spirit, but the pope can only invoke that guidance in the
most narrow and rare circumstances. Otherwise, he is all too fallible.
And that is why, although allegedly an absolute monarch, he is actually
bound by the rule of law.
The presidency is seemingly bound by law, but in practice it can
do just about anything it pleases. It can order up troops anywhere
in the world, just as Clinton bragged in his acceptance speech at
the Democratic convention. It can plow up a religious community
in Texas and bury its members because they got on somebody’s nerves
at the Justice Department. It can tap our phones, read our mail,
watch our bank accounts, and tell us what we can and cannot eat,
drink, and smoke.
The presidency can break up businesses, shut down airlines, void
drilling leases, bribe foreign heads of state or arrest them and
try them in kangaroo courts, nationalize land, engage in germ warfare,
firebomb crops in Colombia, overthrow any government anywhere, erect
tariffs, round up and discredit any public or private assembly it
chooses, grab our guns, tax our incomes and our inheritances, steal
our land, centrally plan the national and world economy, and impose
embargoes on anything anytime. No prince or pope ever had this ability.
But leave all that aside and consider this nightmare. The presidency
has the power to bring about a nuclear holocaust with the push of
a button. On his own initiative, the president can destroy the human
race. One man can wipe out life on earth. Talk about playing God.
This is a grotesque evil. And the White House claims it is not a
tyranny? If the power to destroy the entire world isn’t tyrannical,
I don’t know what is. Why do we put up with this? Why do we allow
it? Why isn’t this power immediately stripped from him?
What prevents fundamental challenge to this monstrous power is
precisely the quasi-religious trappings of the presidency, which
we again had to suffer through last January. One man who saw the
religious significance of the presidency, and denounced it in 1973,
was surprisingly enough Michael Novak. His study,
Choosing
Our King: Powerful Symbols in Presidential Politics, is
one of the few dissenting books on the subject. It was reissued
last year as not surprisingly Choosing Our Presidents:
Symbols of Political Leadership, with a new introduction repudiating
the best parts of the book.
Of course, none of the conventional bilge accords with reality.
The US president is the worst outgrowth of a badly flawed Constitution,
imposed in a sort of coup against the Articles of Confederation.
Even from the beginning, the presidency was accorded too much power.
Indeed, an honest history would have to admit that the presidency
has always been an instrument of oppression, from the Whisky Rebellion
to the War on Tobacco.
The presidency has systematically stolen the liberty won through
the secession from Britain. From Jackson and Lincoln to McKinley
and Roosevelt Junior, from Wilson and FDR to Truman and Kennedy,
from Nixon and Reagan to Bush and Clinton, it has been the means
by which our rights to liberty, property, and self-government have
been suppressed.
I can count on one hand the actions of presidents that actually
favored the true American cause, meaning liberty. The overwhelming
history of the presidency is a tale of overthrown rights and liberties,
and the erection of despotism in their stead.
Each president has tended to be worse than the last, especially
in this century. Lately, in terms of the powers they assumed and
the dictates they imposed, Kennedy was worse than Eisenhower, Johnson
was worse than Kennedy, Nixon was worse than Johnson, Carter was
worse than Nixon, and Reagan who doubled the national budget
and permanently entrenched the warfare State was worse than
Carter. The same is true of Bush and Clinton. Every budget is bigger
and the powers exercised more egregious. Each new brutal action
breaks another taboo and establishes a new precedent that gives
the next occupant of the White House more leeway.
Looking back through American history, we can see the few exceptions
to this rule. Washington wrote an eloquent farewell address, laying
out the proper American trade and foreign policy. Jefferson’s revolution
of 1800 was a great thing. But was it really a freer country after
his term than before? That’s a tough case to make. Andrew Jackson
abolished the central bank, but his real legacy was democratic centralism
and weakened states’ rights.
Andrew Johnson loosened the military dictatorship fastened on the
South after it was conquered. But it is not hard to make the country
freer when it had become totalitarian under the previous president’s
rule. Of course, Lincoln’s bloody autocracy survives as the model
of presidential leadership.
James Buchanan made a great statement on behalf of the right of
revolution. Grant restored the gold standard. Harding denounced
US imperialism in Haiti. But overall, my favorite president is William
Henry Harrison. He keeled over shortly after his inauguration.
There have been four huge surveys taken of historians’ views on
the presidents: in 1948, in 1962, in 1970, and in 1983. Historians
were asked to rank presidents as Great, Near Great, Average, Below
Average, and Failure. In every case, number one is Lincoln, the
mass murderer and military dictator who is the real father of the
present nation. His term was a model of every despot’s dream: spending
money without Congressional approval, declaring martial law, arbitrarily
arresting thousands and holding them without trial, suppressing
free speech and the free press, handing out lucrative war contracts
to his cronies, raising taxes, inflating the currency, and killing
hundreds of thousands for the crime of desiring self-government.
These are just the sort of actions historians love.
The number-two winner in these competitions is FDR. Moreover, Wilson
and Jackson are always in the top five. The bottom two in every
case are Grant and Harding. None bothered to rate William Henry
Harrison.
What does greatness in the presidency mean? It means waging war,
crushing liberties, imposing socialism, issuing dictates, browbeating
and ignoring Congress, appointing despotic judges, expanding the
domestic and global empire, and generally trying his best to be
an all-round enemy of freedom. It means saying with Lincoln, "I
have a right to take any measure which may best subdue the enemy."
The key to winning the respect of historians is to do these things.
All aspirants to this vile office know this. It’s what they seek.
They long for crisis and power, to be bullies in the pulpit, to
be the dictators they are in their hearts. They want, at all costs,
to avoid the fate of being another "postage-stamp president."
Madison said no man with power deserves to be trusted. Neither should
we trust any man who seeks the power that the presidency offers.
Accordingly, it is all well and good that conservatives have worked
to discredit the current occupant of the White House. Call him a
cheat and a double-dealer if you want. Call him a tyrant too. But
we must go further. The answer to restoring republican freedom has
nothing to do with replacing Clinton with Lott or Kemp or Forbes
or Buchanan. The structure of the presidency, and the religious
aura that surrounds it, must be destroyed. The man is merely a passing
occupant of the Holy Chair of St. Abraham. It is the chair itself
that must be reduced to kindling.
It was never the intention of the majority of framers to create
the mess we have, of course. After the war for independence, the
Articles of Confederation had no chief executive. Its decisions
were made by a five-member Confederation. The Confederation had
no power to tax. All its decisions required the agreement of 9 of
the 13 states. That is the way it should be.
Most of the delegates to the unfortunate Philadelphia convention
hated executive power. They had severely restricted the governors
of their states after their bitter experience with the colonial
governors. The new governors had no veto, and no power over the
legislatures. Forrest McDonald reports that one-quarter of the delegates
to the convention wanted a plural executive, based loosely on the
Articles model. But those who planned the convention including
Morris, Washington, and Hamilton wanted a single, strong
executive, and they out-maneuvered the various strains of anti-federalists.
But listen to how they did it. The people of the several states
and their representatives were suspicious that Hamilton wanted to
create a monarchy. Now, there’s much mythology surrounding this
point. It’s not that the anti-federalists and the popular will opposed
some guy strutting around in a crown. It was not monarchy as such
they opposed, but the power the king exercised.
When they said they didn’t want a monarch, they meant they didn’t
want a King George, they didn’t want a tyrant, a despot, an autocrat,
an executive. It was the despotic end they feared, and not the royal
means.
Indeed, formally, the Constitution gives few powers to the president,
and few duties, most of them subject to approval by the legislature.
The most important provision regarding the presidency is that the
holder of the office can be impeached. It was to be a threat constantly
hanging over his head. It was, most framers thought, to be threatened
often and used against any president who dared gather more power
unto himself than the Constitution prescribed.
In one famous outburst, Hamilton was forced to defend himself against
the charge that the new office of the presidency was a monarchy
in disguise. He explained the difference between a monarch and a
president. But as you listen to this, think about the present executive.
Ask yourself whether he resembles the thing Hamilton claimed to
have created in the office of the presidency, or whether we have
the tyrant he claimed to be repudiating.
Among other points, Hamilton said in "Federalist 69":
The President of the United States would be liable to be impeached,
tried, and, upon conviction . . . removed from office; and would
afterwards be liable to prosecution and punishment in the ordinary
course of law. The person of the king of Great Britain is sacred
and inviolable; there is no constitutional tribunal to which he
is amenable; no punishment to which he can be subjected. . . .
The President will have only the occasional command of such part
of the militia of the nation as by legislative provision may be
called into the actual service of the Union. . . .
[The power] of the British king extends to the declaring of war
and to the raising and regulating of fleets and armies – all which,
by the Constitution under consideration, would appertain to the
legislature. . . .
The President is to have power, with the advice and consent of
the Senate, to make treaties, provided two thirds of the senators
present concur. The king of Great Britain is the sole and absolute
representative of the nation in all foreign transactions. He can
of his own accord make treaties of peace, commerce, alliance,
and of every other description. . . .
The President is to nominate and, with the advice and consent
of the Senate, to appoint ambassadors and other public ministers.
. . . The king of Great Britain is emphatically and truly styled
the fountain of honor. He not only appoints to all offices, but
can create offices. He can confer titles of nobility at pleasure
. . . and . . . [even] make denizens of aliens. . . .
[The President] can prescribe no rules concerning the commerce
or currency of the nation; [the king] is in several respects the
arbiter of commerce, and in this capacity can establish markets
and fairs, can regulate weights and measures, can lay embargoes
for a limited time, can coin money. . . .
What answer shall we give to those who would persuade us that
things so unlike resemble each other?
Well, we can debate all day whether Hamilton was naïve about
the imperial office he was in fact creating, or whether he was a
despicable liar. But the fact remains that in his writings, despite
his reputation as a backer of the exalted presidency, he is by today’s
standards a Congressional supremacist.
For that matter, and in comparison with today’s presidency, so
was the British king.
Most historians agree that there would have been no presidency
apart from George Washington, who was trusted by the people as a
true gentleman, and was presumed to understand what the American
revolution was all about. But he got off track by attempting to
suppress the Whisky Rebellion, although he at least acknowledged
that his actions went beyond the strict letter of the Constitution.
But though the presidency quickly spun out of control, at its antebellum
worst it had nothing in common with today’s executive State.
In those days, you could live your life and never even notice that
the presidency existed. You had no contact with it. Most people
couldn’t vote anyway, thank goodness, and you didn’t have to, but
certain rights and freedoms were guaranteed regardless of whoever
took hold of this by today’s standards largely ceremonial
position. The presidency couldn’t tax you, draft you, or regulate
your trade. It couldn’t inflate your money, steal your kids, or
impose itself on your community. From the standpoint of the average
American, the presidency was almost invisible.
Listen to what de Tocqueville observed in 1831:
The President is . . . the executor of the laws; but he does
not really cooperate in making them, since the refusal of his
assent does not prevent their passage. He is not, therefore, a
part of the sovereign power, but only its agent. . . . The president
is placed beside the legislature like an inferior and dependent
power. . . .
The office of president of the United States is temporary, limited,
and subordinate. . . . [W]hen he is at the head of government,
he has but little power, little wealth, and little glory to share
among his friends; and his influence in the state is too small
for the success or the ruin of a faction to depend upon his elevation
to power. . . . The influence which the President exercises on
public business is no doubt feeble and indirect.
Thirty years later, all this would be destroyed by Lincoln, who
fundamentally changed the nature of the government, as even his
apologists admit. He became a Caesar, in complete contradiction
to most of the framers’ intentions. As Acton said, he abolished
the primary contribution that America had made to the world, the
principle of federalism. But that is an old story.
Less well known is how Wilson revived Lincoln’s dictatorial predilections,
and added to them an even more millennial cast. Moreover, this was
his intention before he was elected. In 1908, while still president
of Princeton, he wrote a small book entitled the President of
the United States. It was a paean to the imperial presidency,
and might as well have been the bible of every president who followed
him. He went beyond Lincoln, who praised the exercise of power.
Wilson longed for a Presidential Messiah to deliver the human race.
There can be no successful government, without leadership or
without the intimate, almost instinctive, coordination of the
organs of life and action. . . . We have grown more and more from
generation to generation to look to the President as the unifying
force in our complex system. . . . To do so is not inconsistent
with the actual provisions of the Constitution; it is only inconsistent
with a very mechanical theory of its meaning and intention.
The president must be a man who understands his own day and the
needs of the country, and who has the personality and the initiative
to enforce his views both upon the people and upon Congress.
. . . He is not so much part of its organization as its vital
link of connection with the thinking nation . . . he is also the
political leader of the nation. . . . The nation as a whole has
chosen him. . . . Let him once win the admiration and confidence
of the country, and no other single force can withstand him, no
combination of forces will easily overpower him. His position
takes the imagination of the country. He is the representative
of no constituency, but of the whole people . . . the country
never feels the zest of action so much as when its President is
of such insight and caliber. Its instinct is for unified action,
and it craves a single leader. . . .
The President is at liberty, both in law and conscience, to be
as big a man as he can. His capacity will set the limit . . .
he is the only spokesman of the whole people. [Finally, Presidents
should regard] themselves as less and less executive officers
and more and more directors of affairs and leaders of the nation
– men of counsel and of the sort of action that makes for enlightenment.
This is not a theory of the presidency. It is the hope for a new
messiah. That indeed is what the presidency has come to. But any
man who accepts this view is not a free man. He is not a man who
understands what constitutes civilized life. The man who accepts
what Wilson calls for is an apostle of the total State and a defender
of collectivism and despotism.
Conservatives used to understand this. In the last century, all
the great political philosophers men like John Randolph and
John Taylor and John C. Calhoun did. In this century, the
right was born in reaction to the imperial presidency. Men like
Albert Jay Nock, Garet Garrett, John T. Flynn, and Felix Morley
called the FDR presidency what it was: a US version of the dictatorships
that arose in Russia and Germany, and a profound evil draining away
the very life of the nation. They understood that FDR had brought
both the Congress and the Supreme Court under his control, for purposes
of power, national socialism, and war. He shredded what was left
of the Constitution, and set the stage for all the consolidation
that followed. Later presidents were free to nationalize the public
schools, administer the economy according to the dictates of crackpot
Keynesian economists, tell us who we must and who we must not associate
with, nationalize the police function, and run an egalitarian regime
that extols nondiscrimination as the sole moral tenet, when it is
clearly not a moral tenet at all. Later conservatives like James
Burnham, Wilmoore Kendall, and Robert Nisbet, understood this point
too.
Yet who do modern conservatives extol? Lincoln, Wilson, and FDR.
Reagan spoke of them as gods and models, and so did Bush and Gingrich.
In the 1980s, we were told that Congress was the imperial branch
of government because Tip O’Neill had a few questions about Reagan’s
tax-and-spend military buildup, and his strategy for fostering global
warfare while managing world affairs through the CIA. All this was
bolstered by books by Harvey Mansfield, Terry Eastland, and dozens
of other neoconservatives who pretended to provide some justification
for presidential supremacy and its exercise of global rule. More
recently even Pat Buchanan repeated the "Ask not . . . "
admonition of John F. Kennedy, that we should live to serve the
central government and its organizing principle, the presidency.
What the neocon logic comes down to is this: The US has a moral
responsibility to run the world. But the citizens are too stupid
to understand this. That’s why we can’t use democratic institutions
like Congress in this ambition. We must use the executive power
of the presidency. It must have total control over foreign affairs,
and never bow to Congressional carping. Once this point is conceded,
the game is over. The demands of a centralized and all-powerful
presidency and its interventionist foreign policy are ideologically
reinforcing. One needs the other. If the presidency is supreme in
global affairs, it will be supreme in domestic affairs. If it is
supreme at home, there will be no states’ rights, no absolute property
rights, no true liberty from government oppression. The continued
centralization of government in the presidency represents the end
of America and its civilization.
A key part of the theory of presidential supremacy in foreign affairs
is the idea that politics stops at the water’s edge. If you believe
that, you have given up everything. It means that foreign affairs
will continue to be the last refuge of an omnipotent scoundrel.
If a president can count on the fact that he won’t be criticized
so long as he is running a war, he will run more of them. So long
as he is running wars, government at home cannot be cut. As Felix
Morley said, "Politics can stop at the water’s edge only when
policies stop at the water’s edge."
Sadly, the Congress for the most part cares nothing about foreign
policy. In that, it reflects the attitude of the American voter.
The exception is the handful of Congressmen who do speak about foreign
issues, usually at the behest of the State Department, the CIA,
the Pentagon, and the increasingly global FBI. Such men are mere
adjuncts of presidential power.
In fact, it is the obligation of every patriot not only to denounce
a president’s actions at home, but to question, harass, and seek
to rein in the presidency when it has sent troops abroad. That is
when the watchful eye of the citizenry is most important. If we
hold our tongues under some mistaken notion of patriotism, we surrender
what remains of our freedoms. Yet during the Gulf War, even those
who had courageously opposed this intervention in advance mouthed
the old clichés about politics and the water’s edge and "supporting
the troops" when the presidency started massacring Iraqis.
Will the same happen when the troops are sent to China, a country
without a single aircraft carrier, in retaliation for some trumped-up
incident in the tradition of the Maine, the Lusitania,
Pearl Harbor, and the Gulf of Tonkin?
If there is ever a time to get behind a president, it is when he
withdraws from the world, stops wars, and brings the troops home.
If there is ever a time to trip him up, question his leadership,
and denounce his usurpations, it is when he does the opposite. A
bipartisan foreign policy is a Napoleonic foreign policy, and the
opposite of that prescribed by Washington in his farewell address.
In the midst of America’s war against Britain in 1812, John Randolph
wrote an open letter to his Virginia constituents, pleading with
them not to support the war, and promising them he would not, for
he knew where war led: to presidential dictatorship: "If you
and your posterity are to become hewers of wood and drawers of water
to the modern Pharaoh, it shall not be for the want of my best exertions
to rescue you from cruel and abject bondage."
Sixty years ago all conservatives would have agreed with him. But
the neoconservative onslaught has purged conservatives of their
instinctive suspicions of presidential power.
By the time 1994 had come around, conservatives had been thoroughly
indoctrinated in the theory that Congress was out of control, and
that the executive branch needed more power. The leadership of the
104th Congress dominated to a man by neocons and presidential
supremacists bamboozled the freshmen into pushing for three
executive-enhancing measures.
In one of the Congress’s first actions, it made itself subject
to the oppressive civil rights and labor laws that the Executive
enforced against the rest of the nation. This was incredibly stupid.
The Congress was exempted from these for a reason. It prevented
the Executive from using its own regulatory agencies to lord it
over Congress. By making itself subject to these laws, Congress
willingly submitted itself to implicit and explicit domination by
the Department of Labor, the Department of Justice, and the EEOC.
It imposed quotas and political correctness on itself, while any
dissenters from the presidential line suddenly faced the threat
of investigation and prosecution by those they were attempting to
rein in. The imposition of these laws against Congress is a clear
violation of the separation of powers. But it would not be the last
time that this Congress made this mistake. It also passed the line-item
veto, another violation of the separation of powers. The theory
was that the president would strike out pork, pork being defined
as property taken by taxation and redistributed to special interests.
But since pork is the entirety of the federal government’s $1.7
trillion budget, this has given the president wide latitude over
Congress. It takes away from Congress the right to control the purse
strings.
Also part of the Contract with America was term limits for Congress.
This would represent a severe diminution of Congressional power
with respect to the presidency. After all, it would not mean term
limits for the permanent bureaucracy or for federal judges, but
only for the one branch the people can actually control. Thank goodness
the self-interest of the politicians themselves prevented it from
coming into being. After that initial burst of energy, this Congress
surrendered everything to the Clinton White House: control of the
budget, control of foreign affairs, and control of the Federal Reserve,
and the FBI. The Justice Department operates practically without
oversight, as does the Treasury, HUD, Transportation, Commerce,
EPA, the SEC, the FTC, and the FDA.
Congress has given in on point after point, eventually even granting
the presidency most of what it demanded in health-care reform, including
mandated equal coverage of the mentally ill. Chalk it up to long-term
planning. They came into office pledging to curb government, but
are as infatuated with the presidency as Clinton himself. After
all, they hope their party will regain the office.
Then the Republicans had the audacity to ask in bewilderment: why
did the president beat Dole? What did we do wrong? The real question
is what have they done right? James Burnham said that the legislature
is useless unless it is curbing the presidency. By that measure,
this Congress has been worthless. It deserves to lose its majority.
And its party deserves to lose the presidency, whose powers they
are so anxious to grab for themselves.
The best moments in the 104th Congress were when a few freshmen
talked quietly of impeachment. Indeed it is their responsibility
to talk loudly, openly, and constantly of impeachment. Today’s presidency
is by definition in violation of the Constitution. Talk of impeachment
ought to become routine. So should ridicule and humiliation. For
if we care about liberty, the plebiscitory dictatorship must be
reined in or tossed out.
John
Randolph had only been a Senator for a few days when he gave an
extraordinary speech denouncing John Quincy Adams. "It is my
duty," said Randolph, "to leave nothing undone that I
may lawfully do, to pull down this administration. . . . They who,
from indifference, or with their eyes open, persist in hugging the
traitor to their bosom, deserve to be insulted . . . deserve to
be slaves, with no other music to soothe them but the clank of the
chains which they have put on themselves and given to their offspring."
John Randolph said this in 1826. This was a time, writes de Tocqueville,
when the presidency was almost invisible. If we cannot say this
and more today, when the presidency is dictator to the world, we
are not authentic conservatives and libertarians. Indeed, we are
not free men.
Llewellyn
H. Rockwell, Jr. [send him
mail] is president of the Ludwig
von Mises Institute in Auburn, Alabama, editor of LewRockwell.com
and author of Speaking
of Liberty.
Copyright
© 2004 LewRockwell.com
Lew
Rockwell Archives
|