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Presidents Acting Like Kings

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If the passage of time were a reliable guarantor of increasing human freedom, we would expect history to look a little different than it does. In school, we would have learned that the Englishmen of Charles I’s reign were better off than their Elizabethan grandparents; that the colonists implicated by the Declaratory Act had fairer prospects than those who had been governed with what Burke called “salutary neglect”; that the Germans of 1935 possessed an advantage over those of the Bismarcksche Reichsverfassung. That we did not learn any of this should tell us something. As Thomas Jefferson had it, “the natural progress of things is for liberty to yield, and government to gain ground.” There are no new fights in politics.

Do we know this? In the United States, as in the rest of the Anglosphere, we seem to believe that we are the children of legislatures, not of kings; the beneficiaries of careful reasoning, not of iron will; the heirs to a safe political settlement immune to disintegration. That we are proud of our institutions is understandable. But our unshakeable confidence in their permanence is not. There is nothing written in the stars that secures in perpetuity our free system of laws. There are no stone tablets upon which legislative supremacy and judicial integrity are guaranteed against usurpation. Men’s hearts are no less ambitious this week than they were in the era of the pyramids.

As I write, the president of the United States is openly promising to finish off his second term with a flurry of extraconstitutional activity. By the power invested in his “pen and phone,” Barack Obama intends to wield his “executive authority” in order to institute a set of environmental rules that the people’s representatives have declined to grant him; to close the prison camp at Guantanamo Bay in direct defiance of Congress’s will; and to further circumvent a series of immigration laws that have been on the books for decades.

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Source: Charles C.W. Cook, http://www.nationalreview.com