The Rise of the American Imperial President
By US Constitutional Attorney John W Whitehead: I’m not a fan of Communist China. It’s a vicious totalitarian regime that routinely employs censorship, surveillance, and brutal police state tactics to intimidate its populace, maintain its power, and expand the largesse of its corporate elite.
Just recently, in fact, China—an economic and political powerhouse that owns more of America’s debt than any other country and is buying up American businesses across the spectrum— announced its plan to make its president, Xi Jinping, president for life.
President Trump thinks that’s a great idea.
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Trump thinks the idea of having a president for life is so great, in fact, that America might want to move in that direction. “Maybe we’ll have to give that a shot someday,” said Trump to a roomful of supporters.
Here’s the thing: we already have a president for life.
Sure, the names and faces and parties have changed over the years, but really, when you drill down under the personalities and political theater, you’ll find that the changing names and faces are merely cosmetic: no matter who sits on the throne, the office of the president of the United States has, for all intents and purposes, become a unilateral power unto itself.
Although the Constitution invests the President with very specific, limited powers, in recent years, American presidents (Trump, Obama, Bush, Clinton, etc.) have claimed the power to completely and almost unilaterally alter the landscape of this country for good or for ill.
The powers amassed by each successive president through the negligence of Congress and the courts—powers which add up to a toolbox of terror for an imperial ruler—empower whomever occupies the Oval Office to act as a dictator, above the law and beyond any real accountability.
The presidency itself has become an imperial one with permanent powers.
As law professor William P. Marshall explains, “every extraordinary use of power by one President expands the availability of executive branch power for use by future Presidents.” Moreover, it doesn’t even matter whether other presidents have chosen not to take advantage of any particular power, because “it is a President’s action in using power, rather than forsaking its use, that has the precedential significance.”
In other words, each successive president continues to add to his office’s list of extraordinary orders and directives, expanding the reach and power of the presidency and granting him- or herself near dictatorial powers.
So you see, we have been saddled with a “president for life”—i.e., a dictator for life—for some time now.
This abuse of presidential powers has been going on for so long that it has become the norm, the Constitution be damned.
The government of laws idealized by John Adams has fallen prey to a government of men.
As a result, we no longer have a system of checks and balances.
All of the imperial powers amassed by Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to operate a shadow government, and to act as a dictator and a tyrant, above the law and beyond any real accountability—were inherited by Donald Trump.
These presidential powers—acquired through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements and which can be activated by any sitting president—enable past, president and future presidents to operate above the law and beyond the reach of the Constitution.
These are the powers that will be passed along to each successive heir to the Oval Office.
This is what you might call a stealthy, creeping, silent, slow-motion coup d’etat.
Donald Trump has already picked up where his predecessors left off: he has continued to wage war, he has continued to federalize the police, and he operates as if the Constitution does not apply to him.
As tempting as it may be to lay all the blame at Trump’s feet for the totalitarian state of the nation right now, remember that he didn’t create the police state.
He merely inherited it, along with the dictatorial powers of the presidency.
If we are to return to a constitutional presidency, we must recalibrate the balance of power.
As I make clear in my book Battlefield America: The War on the American People, the only thing that will save us now is a concerted, collective commitment to the Constitution’s principles of limited government, a system of checks and balances, and a recognition that they—the president, Congress, the courts, the military, the police, the technocrats and plutocrats and bureaucrats—answer to and are accountable to “we the people.”
As historian Arthur Schlesinger Jr. points out, “Holding a President to strict accountability requires, first of all, a new attitude on the part of the American people toward their Presidents, or rather a return to the more skeptical attitude of earlier times: it requires, specifically, a decline in reverence… The age of the imperial presidency has produced the idea that run-of-the-mill politicians, brought by fortuity to the White House, must be treated thereafter as if they have become superior and perhaps godlike beings.”
“If the nation wants to work its way back to a constitutional presidency, there is only one way to begin. That is by showing Presidents that, when their closest associates place themselves above the law and the Constitution, such transgressions will be not forgiven or forgotten for the sake of the presidency but exposed and punished for the sake of the presidency.”
In other words, we’ve got to stop treating the president like a god and start making both the office of the president and the occupant play by the rules of the Constitution.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. Whitehead can be contacted at firstname.lastname@example.org.