Wednesday, December 21, 2005

Studies in Dictatorship

At least Co-President Cheney doesn't mince words. Quoted in a story by Maura Reynolds of the Los Angeles Times, Cheney blandly asserts that he and Bush want to return to the abuses and usurpations of the pre-Watergate Nixon administration (although that's my choice of words, not his). From Reynold's story:

President Bush's decision to bypass court review and authorize domestic wiretapping by executive order was part of a concerted effort to rebuild presidential powers weakened in the 1970s as a result of the Watergate scandal and the Vietnam War, Vice President Dick Cheney said Tuesday.

Returning from a trip to the Middle East, Cheney said that threats facing the country required that the president's authority under the Constitution be "unimpaired."

"Watergate and a lot of the things around Watergate and Vietnam, both during the 1970s, served, I think, to erode the authority. I think the president needs to be effective, especially in the national security area," Cheney told reporters traveling with him on Air Force Two. "Especially in the day and age we live in, the president of the United States needs to have his constitutional powers unimpaired, if you will, in terms of the conduct of national security policy."

Cheney's remarks were recorded by reporters traveling with him and disseminated by the White House under an official pool arrangement.

Cheney dismissed the idea that Americans were concerned about a potential abuse of power by the administration, saying that any backlash would probably punish the president's critics, not Bush.


His words are reminiscent of the third chapter of Edward Gibbon's "Decline and Fall," which concerns the ascent of Octavius Augustus to the throne of what was, until his arrival, a republic. Gibbon says of Augustus:

"THE obvious definition of a monarchy seems to be that of a state, in which a single person, by whatsoever name he may be distinguished, is entrusted with the execution of the laws, the management of the revenue, and the command of the army. But, unless public liberty is protected by intrepid and vigilant guardians, the authority of so formidable a magistrate will soon degenerate into despotism.

"Every barrier of the Roman constitution had been levelled by the vast ambition of the dictator...the fate of the Roman world depended on the will of Octavianus, surnamed Caesar, by his uncle's adoption, and afterwards Augustus, by the flattery of the senate.

"With its power, the senate had lost its dignity...

"Augustus…displayed his patriotism, and disguised his ambition.

"It would require the pen of Tacitus to describe the various emotions of the senate; those that were suppressed, and those that were affected. It was dangerous to trust the sincerity of Augustus; to seem to distrust it was still more dangerous...Amidst this confusion of sentiments, the answer of the senate was unanimous and decisive. They refused to accept the resignation of Augustus; they conjured him not to desert the republic, which he had saved. After a decent resistance, the crafty tyrant submitted to the orders of the senate; and consented to receive the government of the provinces, and the general command of the Roman armies, under the well-known names of PROCONSUL and IMPERATOR. But he would receive them only for ten years. Even before the expiration of that period, he hoped that the wounds of civil discord would be completely healed, and that the republic, restored to its pristine health and vigour, would no longer require the dangerous interposition of so extraordinary a magistrate. The memory of this comedy, repeated several times during the life of Augustus, was preserved to the last ages of the empire, by the peculiar pomp with which the perpetual monarchs of Rome always solemnised the tenth years of their reign.

Finally, either Hamilton or Madison (or both) wrote these words on the topic of constructing a government designed specifically to prevent the advent of the accumulation of too much power in too few hands, especially as exemplified by dictatorship. From The Federalist No. 51:

TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention.

In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.


(Emphasis mine.) We can infer from Cheney's words that what he and Bush have in mind would make Nixon and Reagan look like lightweights; their plan matches more closely that of Augustus.

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