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November 1973

The Runaway Presidency
by Arthur M. Schlesinger Jr.

Today the pessimism of the Supreme Court in an 1866 decision, ex parte Milligan, seems … prescient. The nation, as Justice [David] Davis wrote for the Court then, has “no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln” …

Whether Nixon himself was witting or unwitting, what is clearly beyond dispute is his responsibility for the moral atmosphere within his official family. White House aides do not often do things they know their principal would not wish them to do—a proposition which I and dozens of other former White House aides can certify from experience …

This is not the White House we have known—those of us, Democrats or Republicans, who served other Presidents in other years. Appointment to the White House of Roosevelt or Truman or Eisenhower or Kennedy or Johnson seemed the highest responsibility one could expect and therefore required higher standards of behavior than most of us had recognized before. And most of us look back at our White House experience, not with shame and incredulity, as the Nixon young men do, but as the most exhilarating time in our lives …

The nature of an activist President … in Samuel Lubell’s phrase, is to run with the ball until he is tackled. As conditions abroad and at home have nourished the imperial presidency, tacklers have had to be more than usually sturdy and intrepid.

How to make external checks effective? Congress can tie the presidency down by a thousand small legal strings; but, like Gulliver, the President can always break loose. The effective means of controlling the presidency lie not in law but in politics. For the American President rules by influence; and the withdrawal of consent, by Congress, by the press, by public opinion, can bring any President down. The great Presidents have understood this …

I would argue that what the country needs today is a little serious disrespect for the office of the presidency; a refusal to give any more weight to a President’s words than the intelligence of the utterance, if spoken by anyone else, would command; an understanding of the point made so aptly by Montaigne: “Sits he on never so high a throne, a man still sits on his bottom.”

Volume 232, No. 5, pp. 43–55

Read the full article here.