Will someone explain to Matthew Yglesias that not only does the Constitution not grant most of the Presidential powers he seems to think it grants, but that it also explicitly forbids most of them. I'm looking at you, Glenn.
But meanwhile, Master Y. inadvertently makes a point that I keep tyring to make, which is that the Constitution is a lousy guide to the nature of the American government. Which is not a surprise! It is a centuries-old codex that's been changed, ignored, addendized, and discarded in the two-hundred year growth of imperial government.
It is in some ways gratifying that the duller leaves of the Ivy League no longer feign surprise when the Obamatollah (as Michael Savage cheerfully named him!) arrogates to himself to right to murder American citizens as well as foreigners. It suggests a small but nevertheless evident increment of maturation in the worldview of our liberal commentariat. Yet by the same lights, it's just as fatuous as ever. I mean, ever thus, dude. Throughout history, it has been easier for rulers, leaders, monarchs, presidents, and potentates of all sorts to launch wars, crush enemies, see them driven before you, and hear the lamentations ov da vimyn than to dick around with what we now call "domestic policy," where there are always nobles and aristocrats and moneyed types and palace eunuchs and treasury officials and minor bureaucrats and so forth and so on to confound even the fiat of the Mandate of Heaven. Ours is not an atypical system at all.
Friday, February 05, 2010
Crunkstitution
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23 comments:
it's like Machiavelli said...
page not found on the Glenn link.
Link fixed. It's just a top-page link, not post-specific.
Well, there isn't a literal connection.
While I appreciate IOZ's historical/empirical/realpolitik perspective, as always, I think it's worth pointing out that nothing about any of this is out of keeping with the scope of executive power under the Constitution as read by the SCOTUS. Generally, where the executive and the legislature agree, the executive has nearly unlimited power. This power is only diminished when the congress has not given its approval to an executive program. Since our congress has consistently granted full license to the executive to unleash state violence on poor people at home and abroad, this is an area where the Constitution places no meaningful limits on Presidential power. In the area of domestic policy, of course, the congress is very careful about doling out dribs and drabs of power to the white house in exchange for individual favours granted to individual legislators.
This is the fact that Yglesias has most egregiouly overlooked, even if, in a larger sense, he also can't see how it fits into a larger historical trend.
Nitpick: the Constitution isn't a "codex"; it's a single sheet of paper or parchment.
But your main point is well taken.
"always nobles and aristocrats and moneyed types and palace eunuchs and treasury officials and minor bureaucrats"
I'm three out of six! Kertwang!
Yglesias would do well to notice that when his asserted powers of the president run off the constitutional page, all of his sentences suddenly go passive.
I can't read that effective bureaucracy smut anymore.
War used to be a profitable business, now its just another corporate subsidy
@2:19 anon
A meringue souflee and a glass of Chianti to you, Sir/Mam!
The Christians
"where there are always nobles and aristocrats and moneyed types and palace eunuchs and treasury officials and minor bureaucrats and so forth and so on to confound even the fiat of the Mandate of Heaven"
Indeed, it IS a puzzlement!
Would you like to be my Anna ?
Where's our Crunkstitution Friday Flow Chart. That'd be pretty edumacational...
Anon @ 11:22---
I disagree our constitutional system inherently favors the executive branch, advertently or otherwise. The three branches are like tenants in common on a large variegated tract. Or maybe Britain, France, and Germany around a few miles of mud in the Great War. Some areas of control and responsibility are clearly delineated. Others overlap like in a Venn diagram, and the branches vie in this no-man's land, or that new front. Or maybe the tenants argue about easements, adverse possession, and trust relationships and obligations, as holdings shift and improve, and power is unwillingly ceded, between the branches, all the time.
In large part it was a live, make-your-own-destiny enterprise between the the branches at the outset, and still is to some extent. Events like Marshall saying "Le Constitution, c'est moi" are formative examples of this hurly-burly, and Bush v. Gore is not so very long ago. Nor are the Civil Rights laws under hetertofore unimagined Commerce Clause auspices, thanks to Congress.
Meanwhile, sometimes a branch blunders into giving part of its prerogative away. The purpose of the War Powers Act was to reassert legislative branch control of warmaking, per the Constitution's apparently explicit designation, because of Vietnam and then Watergate. The effect was to hand enormous power to the executive, because a nice wide category of exigency-driven military acts was specifically codified by Congress, from out of its own power, and we've been awash in Police Actions ever since.
Ygger's follow-up:
It’s very clear, for example, that the declaration of war provisions of the constitution don’t as a matter of fact constrain Barack Obama’s ability to launch air strikes on Iranian nuclear facilities. Nor is any sitting president going to be put on trial for ordering anyone’s assassination abroad...
As I think the framers would agree, there’s an inherent tension between the ideas of political liberty and republican government and the idea of a large, permanent national security apparatus.
So, uh, because our system of government is irredeemably broken, vote Democrat.
http://yglesias.thinkprogress.org/archives/2010/02/the-actually-existing-constitution.php#comments
Isn't the over-riding point that we're achingly over-due for a re-write, and that said re-write is unmentionable as an idea within the power structure?
Even the mega-pricks who who wrote the half-assed thing agreed that occasional revisions would be required...
And yet, it's become Holy, obvious turd that it is.
Nitpick, nitpick: the Declaration may be one page but the Constitution is not and it's had plenty of parts added since its inception.
I forgot what I was going to say.
Oh, right, now I remember...ya' sure, but the Constitution is the best system we've got according to Churchill, and he drank what, 20 bottles of champaign a day?
Good for him.
das sot bist gott.
Now how can you argue with that PLUS being on the cover of TIME?
Sadly it looks like the one book Ioz HASNT read is the (unfinished) history of the United States by William James Sidis :(
Robin Hanson beat you to it.
Also, this.
Inkberrow: In "On Power" it is noted that divine monarchy was originally theorized by pro-Church opponents of monarchical power, though the idea was later used for opposite purposes. Similar deal with "the social contract". The Minotaur will always seize the weapons of its opponents for its own strength.
"This power is only diminished when the congress has not given its approval to an executive program." When was the last time Congress was cognizant of, let alone approved, an Executive program?
No, ours is a be typical system, lol
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