No, Nikki, Resistance to Presidents Is Not “Fundamentally
Wrong”
Peter Schultz
Here is a passage from a column
written by Nikki Haley, Trump’s UN ambassador, a link to which can be found
below.
“What this anonymous author is doing is
very dangerous. He or she claims to be putting the country first, and that
is the right goal. Everyone in government owes a greater loyalty to our
country and our Constitution than to any individual officeholder. But a
central part of our democracy requires that those who work directly for the
president not secretly try to undermine him or his policies. What the
author is describing is an extra-constitutional method of addressing policy
disputes within the administration. That’s wrong on a fundamental level.”
To
cut to the chase, it is not “a central part of our democracy
. . . that those who work directly for the president not secretly try to
undermine him or his policies.” Our Constitution makes the president the “chief
executive,” not the only executive. There are other executives, cabinet
secretaries for example, who also possess executive powers and responsibilities
that in many instances cannot legally be controlled by the president. For
example, during the Watergate affair, Nixon could not fire the special
prosecutor so he had to get another executive to do that after two executives,
including the attorney general, refused to obey Nixon’s order. Talk about
undermining the president and his policies. This act of disobedience led to
Nixon’s resignation.
Even
officials who serve at the pleasure of the president possess powers that the
president cannot legitimately control. He can fire a disobedient executive but
he cannot assume the powers of even the newly appointed official. And because
the president can fire some officials, acting covertly against the president
when an executive thinks that is in the national interest makes sense. And, of
course, this scene has been played out again and again and again in our
political drama, with officials seeking to undermine the president and his
policies. It is just part of a drama framed by the separation of powers in the
service of limited government.
Patrick
Henry criticized the Constitution for “squinting in the direction of monarchy”
and he was correct. But it only squints in that direction; it does not embrace
monarchy and the presidency is, at most, a disguised monarch. But the disguise
is important in helping to preserve constitutional or limited government. And
in a limited government, the powers of all officials, and especially of the
chief executive, are limited. How these limits are enforced, made real, is left
up to the discretion of those whose duty it is to impose them.
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