The Founders Great Mistake By Garrett Epps
Excerpts Below
The modern presidency is primarily the intellectual handiwork not of the Framers but of one FramerAlexander Hamilton. Hamiltons idea of the presidency can be found in a remarkable speech he gave to the convention, on June 18, 1787. In it, Hamilton argued that the president should serve for life, name Cabinet members without Senate approval, have an absolute veto on legislation, and have the direction of war once authorized or begun. The president would be a monarch, Hamilton admitted, but an elective monarch.
Hamiltons plan was so far from the mainstream of thought at the convention that none of its provisions was ever seriously discussed. Nonetheless, Hamilton was and remains the chief theorist of the presidency, first in writing his essays for The Federalist and then in serving as George Washingtons secretary of the Treasury. In this latter role, acting as Washingtons de facto prime minister, Hamilton took full advantage of the vagueness and brevity of Article II, laying the groundwork for an outsize presidency while the war-hero Washington was still in office.
In The Federalist, Hamilton had famously proclaimed that energy in the executive is a leading character in the definition of good government. Just how much energy he favored became clear during Americas first foreign crisis, the Neutrality Proclamation controversy of 1793. When Britain and France went to war, many Americans wanted to aid their Revolutionary ally. But Washington and the Federalists were rightly terrified of war with the powerful British Empire. Washington unilaterally proclaimed that the United States would be neutral.
Frances American supporters, covertly aided by Thomas Jefferson, fiercely attacked Washington for exceeding his constitutional authority. The power to make treaties, they said, was jointly lodged in the president and the Senate; how could Washington unilaterally interpret or change the terms of the treaty of alliance with France?
Under the pen name Pacificus, Hamilton wrote a defense of Washingtons power to act without congressional sanction. The first Pacificus essay is the mother document of the unitary executive theory that Bushs apologists have pushed to its limits since 2001. Hamilton seized on the first words of Article II: The executive power shall be vested in a President of the United States of America. He contrasted this wording with Article I, which governs Congress and which begins, All legislative powers herein granted shall be vested in a Congress of the United States. What this meant, Hamilton argued, was that Article II was a general grant of power to the president. Although Congress was limited to its enumerated powers, the executive could do literally anything that the Constitution did not expressly forbid. Hamiltons president existed, in effect, outside the Constitution.
Excerpts Only Above....
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http://www.theatlantic.com/doc/200901/founders-mistake
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