Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
“... If ... the peril is of such a kind that the paraphernalia of the
laws are an obstacle to their preservation, the method is to nominate a
supreme ruler, who shall silence all the laws and suspend for a moment
the sovereign authority. In such a case, there is no doubt about the
general will, and it is clear that the people’s first intention is that
the State shall not perish. Thus the suspension of the legislative
authority is in no sense its abolition; the magistrate who silences it
cannot make it speak; he dominates it, but cannot represent it. He can
do anything, except make laws.”[17]
Rousseau did not fear the abuse of the emergency dictatorship or
“supreme magistracy” as he termed it. It would more likely be cheapened
by “indiscreet use.”[18]
He would rely upon a tenure of office of prescribed duration to avoid
perpetuation of the dictatorship:
“However this important trust be conferred, it is important that its
duration should be fixed at a very brief period, incapable of being
ever prolonged. In the crises which lead to its adoption, the State
is either soon lost, or soon saved; and, the present need passed,
the dictatorship becomes either tyrannical or idle. At Rome, where
dictators held office for six months only, most of them abdicated
before their time was up. If their term had been longer, they might
well have tried to prolong it still further, as the decemvirs did when
chosen for a year. The dictator had only time to provide against the
need that had caused him to be chosen; he had none to think of further
projects.”[19]
Rousseau was unwilling to rely upon an “appeal to Heaven.”
John Stuart Mill concluded his ardent defense of representative
government with a shattering aside: “I am far from condemning, in cases
of extreme necessity, the assumption of absolute power in the form of
a temporary dictatorship.”[20] This is not a loose usage of the term
“dictatorship,” but a forthright support of a grant of “absolute power”
to the dictator.
Public-domain text, read in full here on John Shaqi.
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