Powers of the President during crises — John Shaqi
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
Just as in political theory the nineteenth century liberals neglected
adequately to provide for the problems which war creates, so also in
their economic theory they ignored the dislocations of a war period.
In his study of war in the nineteenth century,[21] Edmund Silberner
has shown how the liberals’ repugnance to the destructiveness of war,
their conviction of its immorality and stupidity, coupled with their
faith that the economic and cultural bonds which would be created among
nations by extensive free trade would prevent future wars, caused
them to neglect adequate theoretical treatment of the problem of war
in their economic thought. Silberner points out, for example, that in
his chief work, _Elements of Political Economy_ (1821), James Mill
virtually does not deal at all with war.[22] And Mill’s distinguished
son is brief on the subject of war. John Stuart Mill, according to
Silberner’s interpretation, seemed to admit that virtually everything
that can be said on this theme had already been expressed before
him.[23]
Thus do democratic political theorists tacitly admit the existence of a
fatal defect in any system of constitutional democracy: Its processes
are inadequate to confront and overcome emergency.
MACHIAVELLI
Machiavelli’s view of emergency powers as one element in the whole
scheme of limited government furnishes an ironic contrast to the
Lockean theory of prerogative. He recognized and attempted to bridge
this chasm in democratic political theory:
“Now in a well-ordered republic it should never be necessary to resort
to extra-constitutional measures; for although they may for the time
be beneficial, yet the precedent is pernicious, for if the practice is
once established of disregarding the laws for good objects, they will
in a little while be disregarded under that pretext for evil purposes.
Thus no republic will ever be perfect if she has not by law provided
for everything, having a remedy for every emergency, and fixed rules
for applying it.”[24]
Machiavelli attempted, perhaps without complete success, but with
greater caution than the later theorists, to design a system of
constitutionalized emergency powers.
The incumbent executive authority, on finding that an emergency
existed, could appoint a temporary “dictator”[25] on the Roman model.
The constitution was not suspended, and the emergency executive did
not enjoy absolute power. His narrow function was to cope with the
emergency.[26] He operated under the surveillance of the regularly
constituted legislators and government officials. A key element of
Machiavelli’s scheme was a short term of office--“and I call a year or
more a long time.”[27]
Public-domain text, read in full here on John Shaqi.
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