“In short, the president would have very little authority beyond executing the laws of Congress and serving as head of state, and even those powers would be limited by the Senate. The president’s oath of office is based on this conception of the Constitution.”
– 9 Presidents Who Screwed Up America
Periodically historians are surveyed for their top ten list of best presidents. The three most often selected are George Washington, Abraham Lincoln, and Franklin D. Roosevelt (FDR), with the list varying depending on who you ask and what criteria are used. Academics who routinely rate presidents tend to do so based on political ideology. They favor policies over duty and care little about how well a president adheres to his constitutional oath. Yet, it was clear during the ratifying Convention that executive power would be limited to advancing the laws of Congress and serving as the Head of State. Even so, while the Constitution was being written, anti-federalists feared that presidents would soon become elected monarchs. The states had just divorced themselves from one king, they did not want another.
Despite the Founders’ intentions, today’s presidents and their administrations are often referred to as Imperial Presidencies, reflecting their excessive and unconstitutional behavior. “I’ve got my phone, and I’ve got my pen” a phrase Obama used to indicate what he would do when Congress failed to act. The question is: does the public still believe in an executive with limited powers? People wrongly view the best presidents as the ones who legislated the most, even though presidents have no legislative jurisdiction. There was a time when restraint and character mattered. Now other characteristics and qualities are also considered: JFK for his eye-candy appeal, and Obama, for simply being black.
George Washington took the first presidential oath in 1789. When Joe Biden (or DJT) takes office in January 2021, he will likely mouth the words of the presidential oath, with little intention of defending them. Biden is already giving us a sneak peek of what we can expect. Taxes galore, the return of debilitating regulations, global warming legislation, gun restrictions, debt forgiveness, and a crapload of free stuff. Do we really think he will be deterred by silly Constitutional limits? Like all modern-day presidents, likely not. Sadly, imperial presidents now have more power than King George, who our forefathers heroically left in the dust following the American Revolution.
In Brion McClanahan’s 2016 book, “9 Presidents Who Screwed Up America, and four who tried to save her”, McClanahan scrutinizes the first 44 presidents from George Washington to Barack Obama. His sole assessment is based on the originalist definition of presidential powers and how well each president adhered to their oaths to uphold the Constitution. The results should astound you. In many cases, those who rate high on modern political surveys, end up lowest when viewed under the microscope of constitutional restraint. Although McClanahan’s book went to print before Donald J. Trump’s term, there is little doubt Trump would place his own presidency in the top spot. But despite the appeal that Trump’s independent nature brought to the role, I suspect McClanahan could find some evidence to the contrary.
Some of McClanahan’s best presidential picks were deeply unpopular for obvious reasons. His favorite as an ideal model for future presidents is John Tyler. Tyler was the first vice president to become president upon the untimely death of William Henry Harrison in 1840. He was a state’s right politician who vetoed legislation from his own party simply because it was unconstitutional. Within months of becoming president, his principled approach to the presidency would get him expelled from his own party! One by one, most of Harrison’s cabinet would resign, making Mr. Tyler America’s first official swamp drainer. This unexpected blessing freed him to select his own cabinet of disciplined statesmen. Tyler had an independent spirit and was able to resist rubberstamping legislation to advance his party’s agenda. Adhering to his constitutional oath makes Tyler unique in presidential lore.
A favorite of most Americans is FDR. McClanahan, however, has a much different take. FDR was the first and only president to exceed the two-term standard set by George Washington, with a record four. He hit the ground running using both the depression and later the war to massively expand his power unconstitutionally. He coined the phrase, “the first 100 days” by denoting a series of initiatives or laws that Congress would deliver for him. Then, when Congress failed to act on his behalf, he exploited Executive Orders to get his way. When the Supreme Court circumvented his New Deal agenda, he threatened to pack the court to override their objections. Even as death approached, FDR continued his constitutional assault by suggesting a second bill of rights to include economic concerns like jobs, income, housing, clothing, food, and even leisure. The docile public, infatuated with his fireside chats, and ignorant of constitutional limits, continued to judge FDR by the perceived spoils he sent their way.
As we approach a new presidential term, there is little doubt what we will get with Biden. He already authored one of the worst bills in history, the 1994 crime bill that put poor young black men in prison for ridiculously long sentences over minor drug violations. His character has come into question following bombshell reports of his shady family dealings with Ukraine and China. Buoyed by some of the most progressive Congressional members in modern times, the people’s checkbooks are in clear danger. McClanahan closes his book with suggestions for structural reforms that could limit the power of future executives. But until the American public wakes from their slumber, we will continue to get the kings (and eventually queens) we deserve.
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