‘To Hell With the Constitution!’

by Bruce S. Thornton // FrontPage Magazine 

In 1902 Theodore Roosevelt intervened in a strike by Pennsylvania coal miners, exceeding his Constitutional authority as president. When this was pointed out to him by Republican House whip James E. Watson, Roosevelt allegedly yelled, “To hell with the Constitution when the people want coal!”

This outburst reflected the novel Progressive view of the Chief Executive. Instead of the Constitution’s limited powers focused on specific needs, such as national defense, beyond the capacity of the individual states or local governments to address, the President needed more expansive authority in order to serve the “people.” Over 100 years later, Barack Obama has governed on the same assumption, one that undermines the Constitution’s structure of balanced powers and limited government, and puts at risk our political freedom and autonomy.

In January of this year Obama famously asserted, much less honestly than did T.R., his willingness to shed Constitutional limits: “We’re not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help they need. I’ve got a pen and I’ve got phone.” And he’s been true to his belief during his nearly six years in office. He has changed his own signature legislation, Obamacare, 42 times. He has also used his “pen and phone” to change immigration laws, gun laws, labor laws, environmental policy, and many other statutes that should be the purview of the legislative branch, to which the Constitution gives the law-making power.

Other presidents, of course, have used signing statements and executive orders. But Obama has pushed this traditional prerogative far beyond the bounds that presidents in the past were usually careful to respect. But the ideas behind this expansion of power are not peculiar to Obama, and transcend any one man. They come from the Progressive worldview that rejects the Constitution’s philosophical vision of humans as driven by conflicting “passions and interests,” and eager to amass power in order to gratify both. The Progressives, on the contrary, believe that human nature can be improved, and that technocrats armed with new knowledge of human behavior and motivations can be entrusted with the concentrated power necessary for managing that improvement and solving the new problems created by industrialism, technology, and the other novelties of modernity.

In terms of the federal government, the key to this new vision is the executive branch, led by an activist president. Woodrow Wilson was quite explicit about these ideas. In 1890 he wrote of the need for a “leader of men” who has “such sympathetic and penetrative insight as shall enable him to discern quite unerringly the motives which move other men in the mass.” He knows “what it is that lies waiting to be stirred in the minds and purposes of groups and masses of men.” This sympathy is one “whose power is to command, to command by knowing its instrument,” and the leader possessing this “sympathy” cares only “for the external uses to which they [people] may be put.”

More frightening still are Wilson’s comments further expanding on this “sympathy.” “Whoever would effect a change in a modern constitutional government must first educate his fellow-citizens to want some change. That done, he must persuade them to want the particular change he wants. He must first make public opinion willing to listen and then see to it that it listens to the right things. He must stir it up to search for an opinion, and then manage to put the right opinion in its way.” Gone are the notions that free people decide their own political fate and choose representatives to serve their interests and principles, their autonomy protected by the Constitutional structure of checks and balances. Now an empowered elite presumably wiser about human nature will, like Plato’s Guardians, manipulate the people’s opinions so that they make the “right” choice. These ideas are on a continuum that at the extreme end lie Mussolini’s fascism and Lenin’s communism.

The president, then, must transcend the Constitution’s outmoded limits on government power. In 1908, for example, Wilson complained that the president was merely a “legal executive” and “guiding authority in the application of the law and the execution of policy,” which is the Constitution’s charge that the president “shall take Care that the Laws be faithfully executed.” For Wilson, this was too limited an authority, for the president could only veto bad laws, and was not “given an opportunity to make good ones.” And explicitly rejecting the Constitution’s vision of clashing “factions” driven by conflicting “passions and interests,” Wilson writes, “You cannot compound a successful government out of antagonisms.” So much for Madison’s governing principle in Federalist 51 that “ambition must be made to counteract ambition.” The Progressive collectivist “people” possessing uniform interests must have a “President as the unifying force in our complex system.”

We see in Wilson’s writings another Progressive assumption still with us today: defining Americans as an abstract, collectivist “people.” This unitary “people” rejects the Founders’ recognition of America’s great variety of economic interests, passions such as religion, and regional folkways that characterize the citizens of the United States. Indeed, it is just this variety that threatened political freedom, for a flawed human nature is intoxicated by power, and always seeks more power in order to gratify its peculiar needs and interests by forming “factions” of the like-minded. As John Adams wrote in 1787, the “selfish passions in the generality of men” are the “strongest.” Knowing that this selfish inclination is rooted in a human nature unchanged since the days of Athens, and so cannot be improved or eliminated, the Founders sought merely to balance faction against faction so that no one faction can amass enough power to threaten the freedom of all.

The proponents of centralized power, however, require a more homogeneous “people” to justify expanding government power. Such a “people” will have similar interests that only the central government can effectively identify and serve. Interests like “social justice,” “social duties,” and “social efficiency,” cannot be fulfilled by local or state governments, or by the parochial aims of civil society or the market, or by churches divided by sectarian beliefs. The federal technocrats of government agencies, more knowledgeable than the people about what they really want and need, must be given the power to trump those clashing local interests and manage polices that serve the larger “social” good––as defined not by the people in all their variety and complexity, but by federal bureaucrats and technocrats.

Go back to Obama’s “pen and phone” statement and read what follows to see this same collectivist vision at work: “And I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible, making sure that our businesses are getting the kind of support and help they need to grow and advance, to make sure that people are getting the skills that they need to get those jobs that our businesses are creating.” The president assumes that in a country of some 330 million people, “the help they need” and their views on improving job creation, education, or job training are all the same, and thus one man can formulate policies that advance them, cutting out the several hundred representative of Congress, and state and local governments.

The obvious danger is one evident from the 20^th century’s history of totalitarianism from the Bolsheviks to the Khmer Rouge. Elites convinced of their superior knowledge and insight into human behavior and the proper aims people should pursue, demand the coercive power to achieve these goods. But true to the Founders’ vision of a flawed human nature, power is “of an encroaching nature,” as Madison and Washington both warned. It intoxicates and corrupts those who possess it. Moreover, it requires weakening the autonomy and freedom of the people, whose various interests will contradict the “vision of the anointed,” as Thomas Sowell dubs them, who claim to know what’s best for everybody, and use their power to neutralize or eliminate those who resist this superior wisdom.

We need to recognize that for over a century this Progressive vision has revolutionized the federal government, which now has a size, scope, cost, and coercive power that would have horrified the Founders. The ideas underlying this vision––for example, the notion that the federal government and its agencies are better able to “solve problems” than are local and state governments, or civil society––are taken for granted as self-evident even by many Republicans. Thus focusing on the spectacular incompetence of Barack Obama can blind us to the dangers that will continue after he has left office. Obama vowed to “fundamentally transform America,” but that transformation had started long before he became president.

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