By George F. Will
War, said James Madison, is “the true nurse of executive aggrandizement.”
Randolph Bourne, the radical essayist killed by the influenza unleashed by
World War I, warned, “War is the health of the state.” Hence Barack Obama’s State of the Union hymn: Onward civilian soldiers, marching as to
war.
Obama, an unfettered executive wielding a swollen state, began and ended
his address by celebrating the armed forces. They are not “consumed with
personal ambition,” they “work together” and “focus on the mission at hand” and
do not “obsess over their differences.” Americans should emulate troops
“marching into battle,” who “rise or fall as one unit.”
Well. The armed services’ ethos, although noble, is not a template for civilian society, unless the aspiration is to extinguish politics. People marching in serried ranks, fused into a solid mass by the heat of martial ardor, proceeding in lock step, shoulder to shoulder, obedient to orders from a commanding officer — this is a recurring dream of progressives eager to dispense with tiresome persuasion and untidy dissension in a free, tumultuous society.
Progressive presidents use martial language as a way of encouraging
Americans to confuse civilian politics with military exertions, thereby
circumventing an impediment to progressive aspirations — the Constitution and
the patience it demands. As a young professor, Woodrow Wilson had lamented that
America’s political parties “are like armies without officers.” The most theoretically inclined of progressive
politicians, Wilson was the first president to criticize America’s founding.
This he did thoroughly, rejecting the Madisonian system of checks and balances
— the separation of powers, a crucial component of limited government — because
it makes a government that cannot be wielded efficiently by a strong executive.
Franklin Roosevelt agreed. He complained about “the three-horse team of the
American system”: “If one horse lies down in the traces or plunges off in
another direction, the field will not be plowed.” And progressive plowing takes
precedence over constitutional equipoise among the three branches of
government. Hence FDR’s attempt to break the Supreme Court to his will by
enlarging it.
In his first inaugural address, FDR demanded “broad executive power to wage
a war against the emergency, as great as the power that would be given to me if
we were in fact invaded by a foreign foe.” He said Americans must “move as a
trained and loyal army” with “a unity of duty hitherto evoked only in time of
armed strife.” The next day, addressing the American Legion, Roosevelt said it
was “a mistake to assume that the virtues of war differ essentially from the
virtues of peace.” In such a time, dissent is disloyalty.
Yearnings for a command society were common and respectable then.
Commonweal, a magazine for liberal Catholics, said that Roosevelt should have
“the powers of a virtual dictatorship to reorganize the government.” Walter
Lippmann, then America’s preeminent columnist, said: “A mild species of
dictatorship will help us over the roughest spots in the road ahead.” The New
York Daily News, then the nation’s largest-circulation newspaper, cheerfully
editorialized: “A lot of us have been asking for a dictator. Now we have
one.. . . It is Roosevelt. . . . Dictatorship in crises was
ancient Rome’s best era.” The New York Herald Tribune titled an editorial “For
Dictatorship if Necessary.”
Obama, aspiring to command civilian life, has said that in reforming health
care, he would have preferred an “elegant, academically approved” plan without
“legislative fingerprints on it” but “unfortunately” he had to conduct
“negotiations with a lot of different people.” His campaign mantra “We can’t
wait!” expresses progressivism’s impatience with our constitutional system of
concurrent majorities. To enact and execute federal laws under Madison’s
institutional architecture requires three, and sometimes more, such majorities.
There must be majorities in the House and Senate, each body having distinctive
constituencies and electoral rhythms. The law must be affirmed by the
president, who has a distinctive electoral base and election schedule.
Supermajorities in both houses of Congress are required to override
presidential vetoes. And a Supreme Court majority is required to sustain laws
against constitutional challenges.
“We can’t wait!” exclaims Obama, who makes recess appointments when the
Senate is not in recess, multiplies “czars” to further nullify the Senate’s
constitutional prerogative to advise and consent, and creates agencies (e.g., Obamacare’s Independent
Payment Advisory Board and
Dodd-Frank’s Consumer Financial
Protection Bureau) untethered from
legislative accountability.
Like other progressive presidents fond of military metaphors, he rejects
the patience of politics required by the Constitution he has sworn to uphold.
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