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

Rounders camp inducts first woman in club’s history

Caroline Farr-Killmer wears her hunting bibs after being inducted into the historic Rounders’ Hunting Club in November 2025, becoming the first woman to join the club since it was founded by World War II veterans in 1954.

Photo by Aly Morrissey

MILLERTON — A lot has changed for Caroline Farr-Killmer over the last two decades, but the smell of campfire smoke and the familiar bark of an old blue alarm clock have stood the test of time at the hunting grounds of the historic Rounders club, a place that has served as a second home for her family for generations.

In November 2025, Farr-Killmer, 25, became the first adult woman to be unanimously voted into the hunting club, a group that’s known as much for its camaraderie and history as its dedication to safety, respect and the outdoors.

Keep ReadingShow less
Dutchess County among three selected for state childcare pilot

The North East Community Center’s Early Learning Program shuttered abruptly last December after nonprofit leadership announced that significant financial strain required the program’s termination. NECC Executive Director Christine Sergent said the organization remains open to reconsidering childcare in the future.

Photo by Nathan miller

Dutchess County is one of three counties selected to receive significant state funding as part of a new childcare pilot program announced by Gov. Kathy Hochul last week — an initiative that could expand childcare options in rural communities like Millerton.

The announcement follows Hochul’s State of the State address in which she proposed a landmark $4.5 billion investment toward universal childcare in New York. Hochul visited a childcare center in Queens on Thursday, Jan. 15, to outline her vision for the rollout of the pilot program, which would include a total of $60 million in state funding, along with additional funding from each of the three counties — Dutchess, Monroe and Broome — with a particular focus on serving newborns to three-year-olds.

Keep ReadingShow less
Salisbury prepares for launch of 100th Jumpfest

John Satre, one of the original Satre brothers, is credited with pioneering the sport of ski jumping in the United States.

Photo Provided

SALISBURY, Conn. — Salisbury’s longstanding tradition of ski jumping is reaching new heights this year with the 100th annual Jumpfest, scheduled for Feb. 6–8 at Satre Hill.

The weekend-long celebration opens with a community night on Friday, Feb. 6, followed by youth ski jumping competitions and the Salisbury Invitational on Saturday. The event concludes Sunday with the Eastern U.S. Ski Jumping Championships.

Keep ReadingShow less
‘Dine Out for History’ 
kick-off rescheduled

The Millerton Inn on Main Street will host the first dinner in this year's Dine Out for History series on Sunday, Jan. 25. A local history quiz including a free glass of wine will precede dinner service at 5:30 p.m. Reservations are requested.

Photo by Nathan Miller

Because of inclement weather last Sunday, the North East Historical Society and The Millerton Inn agreed to reschedule the historical society’s Dine Our For History event.

The event will now be held Sunday, Jan. 25, beginning with a brief local history quiz presentation at 5:30 p.m., followed by dinner.

Keep ReadingShow less