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August 26, 2009
The View from 1799
Let me place myself in the President’s chair, at the head of a party in this country, aiming to extend the influence of the governing powers at the expence of the governed; to increase the authority and prerogative of the Executive, and to reduce by degrees to a mere name, the influences of the people. How should I set about it? What system should I pursue?
1st. As the rights reserved by the State Governments and the bounds and limits set by the Constitution of the Union, are the declared barriers against the encroachments of entrusted power, my first business would be to undermine that Constitution, and render it useless, by claiming authority which, though not given by the express words of it, might be edged in under the cover of general expressions or implied powers — by stretching the meaning of the words used to their utmost latitude, — by taking advantage of every ambiguity — and by quibbling upon distinctions to explain away the plain and obvious meaning.... In addition to this I would now and then exercise trifling acts of authority not granted by the Constitution, under some undefined notion of prerogative. If by such means one encroachment should be made good, it would be a precedent for another, until the public by degrees would become accustomed and callous to them.
2. My next object would be to restrict by every means in my power the liberty of the press. For the free discussion of public characters is too dangerous for despotism to tolerate. Hence I would multiply laws against libel and sedition, and fence round the characters of the officers of government by well contrived legal obstacles. Whatever should tend to bring them into contempt should be sedition, however contemptible or reprehensible they might be. Hence too, I would impress the idea that all who were opposed to my measures were enemies of the government, that is (in my construction) of their country. It should be the business of my partizans to inculcate this, and cry down all such persons as dangerous and seditious, as disturbers of the peace of society, and desirous of overturning the Constitution. The obloquy induced by these charges, dwelt upon in the public prints under my controul, and vociferously urged by the dependants of office in private conversation, would make opposition to my measures obnoxious and dangerous, and suppress all political conversation. -- Via The Volokh Conspiracy - -
Posted by Vanderleun at August 26, 2009 6:34 PM. This is an entry on the sideblog of American Digest: Check it out.
Your Say
Glad to know we're not witnessing anything new. Oh, wait...
Posted by: Western Chauvinist at August 27, 2009 10:03 AM