Beware of an unfettered presidency

Guest column: Loch K. Johnson

When America’s Founders wrote the Constitution in 1787, the world had no democracies. Countries across the meridians were led by all-powerful kings and other dictators. An example was George III, the British monarch, who treated the American colonists as mere vassals who could be wantonly taxed despite their lack of representation, in whose homes British troops could be quartered at whim, and who constantly harassed colonial shipping in international waters — among other arbitrary activities backed by military force. This King, as is characteristic of dictators, eventually overplayed his hand and the thirteen colonies rose up in revolt.

The great genius of James Madison and his colleagues was to create the first true democracy in history, going far beyond the semi-democratic practices of ancient Greek cities and Swiss canons. They insisted on the sharing of power across three “departments” of government: the executive, legislative, and judicial. Their novel Constitutional endeavors had an overriding objective: to guard against the dangers of tyranny. Above all else, the Founders were imbued with anti-power values. No more autocratic leaders like King George.

The core philosophy guiding the Founders was to distribute power across three “branches” of government, as a means for limiting its potential abuse by any one branch. As Lord Acton would state in his famous aphorism a hundred years later, “Power corrupts and absolute power corrupts absolutely.” Long before Action, the colonists understood this principle. By establishing separate institutions — executive, legislative, and judicial — “ambition would be made to counteract ambition,” as Madison stated the case in Federalist Paper 51. In this manner, no branch would grow so mighty as to dwarf the others or dictate to the American people.

Justice Louis Brandeis eloquently expressed the spirit of the Founders in a case that came before the Supreme Court in 1926 — Myers v. United States. “The doctrine of the separation of powers was adopted by the [Constitutional] Convention of 1787,” he wrote, “not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but by means of the inevitable friction incident to the distribution of governmental powers among three departments, to save the people from autocracy” [emphasis added].

In contrast to this wise approach to governance, a more recent school of thought has embraced the concept of a “unitary” presidency. What becomes all-important in this approach is a powerful engine to move the nation forward — an unfettered president free to shape a nation’s destiny as the White House sees fit, without the interference of “checks-and-balances” from lawmakers on Capitol Hill or members of the Supreme Court. In this model, now in place in the United States, the legislative and judicial branches are largely supine to the will of the Oval Office and the president’s minions spread across the agencies of the executive branch.

The greatest achievement of the Founders — their establishment of safeguards against the use of absolute power by a single individual or branch of government — is currently being erased. It is a troubling time in the nation’s history, with liberty hanging in the balance. A starting place to restore our form of democratic restraints on arbitrary power is to support those members of Congress and the judiciary who understand the Constitution. Our fate depends heavily on America’s representatives and judges as independent guardrails in this struggle to continue our long and admirable history of shielding freedom against the forces of tyranny.

Loch K. Johnson taught political science for forty years at the University of Georgia, while also serving intermittently as a senior staff aide in the White House, the Senate, and the House of Representatives, and as a Fellow at Oxford and Yale Universities. He retired to Salisbury in 2019. Professor Johnson is the author of The Third Option: Covert Action and American Foreign Policy (Oxford University Press).

The views expressed here are not necessarily those of The Millerton News and The News does not support or oppose candidates for public office.

Latest News

Cannabis dispensary developers propose grocery store, ice cream shop near downtown Pine Plains

Engineer Zak Hall, left, and architect Kristina Dousharm of Kristina Dousharm Architects present plans to build a new grocery store and renovate an existing building for an ice cream shop at the Planning Board on Wednesday, April 8.

Photo by Nathan Miller

PINE PLAINS — The developers behind the recently-approved cannabis dispensary on South Main Street plan to further develop the property with a grocery store and an ice cream shop.

Architect Kristina Dousharm appeared before the Planning Board on Wednesday, April 8, with plans to demolish three buildings at 7723 South Main St. and construct an 8,989-square-foot grocery store. An existing structure will be renovated for the planned ice cream shop.

Keep ReadingShow less

Hunting for eggs

Hunting for eggs

The annual Millerton Fire Company Easter egg hunt returned to Eddie Collins Memorial Park on Saturday, April 4.

Nathan Miller


Tyler Dehoff discovers a piece of chocolate in a plastic egg at the zero to two-year-old egg hunt area.Nathan Miller

Keep ReadingShow less
North East mourns Highway Superintendent after sudden death

Bob Stevens, right, enjoys the swinging sounds of country and western music during a trip to Nashville, Tennessee, with his son, Robert Stevens Jr., not pictured.

Photo provided

MILLERTON — North East Highway Superintendent Bob Stevens died Monday, March 30, after 20 years in the role and nearly four decades with the town’s road crew.

The sudden death shocked road crew members and town officials, who said they had been speaking with the 63-year-old Millerton native the day he died and he hadn’t shown signs of illness. Town officials said a search for a replacement will start as soon as possible.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Connecticut kratom ban drives cross-border demand in New York

Packets of Blue Razz botanical extracts in pill form are among herbal remedies offered as an alternative to kratom at The Smoking Ape in North Canaan and Torrington.

Photo by Debra A. Aleksinas

MILLERTON — A new Connecticut ban on kratom — a substance with opioid-like effects linked to dependence and withdrawal — is reshaping border behavior, with some residents crossing into New York to obtain it.

Derived from a Southeast Asian tree, kratom has been marketed across the country as a natural remedy for pain, anxiety and opioid withdrawal. But officials warn it can act like an opioid at higher doses, prompting Connecticut to classify it as a Schedule I controlled substance.

Keep ReadingShow less
Amenia board approves herbicide use at Troutbeck, awards painting contract
Amenia Town Hall on Route 22.
Photo by Nathan Miller

AMENIA — The Town Board approved two resolutions by unanimous vote at its Wednesday, April 1, meeting, including one authorizing herbicide use at Troutbeck’s spa and hotel facility.

The second resolution awarded a contract to paint the stage area in the Town Hall auditorium.

Keep ReadingShow less
Millerton’s expenses increase 15.8% over last year’s budget
The Millerton Village Offices on Route 22.
Photo by Aly Morrissey

MILLERTON — The Board of Trustees approved the coming year’s budget Monday, April 6, following no public comment.

The village’s expenses increased 15.8% over last year’s adopted budget. Board members attributed those increased costs to unavoidable spikes in health insurance rates and retirement payments.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.