The Trap of the Imperial Presidency

Historians will often use the phrase "Imperial Presidency" to describe a personal style of rule that some chief executives assume. When thinking about this concept, Abraham Lincoln and Franklin Roosevelt often come up in discussions. Debates arise over whether or not personal rule is best for the country because it gets things done quickly, or whether it violates the balance of powers set in the Constitution.

The main instrument in the hands of an aspiring imperial president has been the executive order. This has the force of law and can claim indirect lineage from the Middle Ages era power of the monarch to make statutes. In recent years executive orders have proliferated and encompass a much broader scope than in the past. Obama exacerbated the problem of expanding presidential power by appointing powerful bureaucratic chieftains nicknamed "czars" to direct policy. These men and women, unlike official advisors, do not require Senatorial consent.

Lincoln and Roosevelt have this in common. They used their expanded powers during a time of national crisis. After Lincoln, the power of the president, for various reasons, shrank. During the Cold War and after it has expanded. Yes a president needs the authority to meet national emergencies, but too many use that power in more mundane situations.

Much of this is our fault. We expect our presidents to be superhuman. They must maintain economic prosperity, national security, protect innocents around the world, and attend to every issue that we think is important. When crises occur, we expect him or her to do something. We are not sure what, but we want something done, even when it would be better to do nothing.

In this way we resemble Rome at the end of the Republic. They had elected consuls that could not solve every social problem. When the dictator Julius Caesar acted forcefully, the people approved even though it broke their constitution. After Caesar came civil war and the establishment of the empire. Augustus was everything his people could have wanted in a leader, just, wise, effective. He seemed to affirm the positives of the imperial ideal. However when less scrupulous, and then downright insane people inherited the throne, the power Augustus used for good was bent towards evil goals.

We must put the brakes on the imperial presidency through constitutional amendment. First, kill off the czars. No major appointments without the "advice and consent of the Senate." Second, cap executive orders. No executive order may remain in force for more than five years without congressional affirmation. That is enough time for a president to address an emergency. Executive orders involving the seizure of land must be approved by the state legislature, or territorial, or Indian reservation authorities before they go into effect. This is the first step in restoring balance to our system and saving our Republic.