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University of Richmond
UR Scholarship Repository
Bookshelf
2012
[Introduction to] Executive Power in Theory and Practice
Hugh Liebert
Gary L
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edu
Terry L
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edu
Follow this and additional works at: https://scholarship
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edu/bookshelf
Part of the Political Theory Commons
Recommended Citation
Liebert, Hugh, Gary L
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Price, eds
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New
York: Palgrave Macmillan, 2012
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To purchase
the full text, please click here
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It has been accepted for
inclusion in Bookshelf by an authorized administrator of UR Scholarship Repository
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edu
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Goethals, Terry L
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Thomas Wren
Managing Editor: Tammy Tripp
Jepson Studies in Leadership is dedicated to the interdisciplinary pursuit of important
questions related to leadership
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The series thus aims to publish the best work on leadership not
only from management and organizational studies but also from such fields as economics, English, history, philosophy, political science, psychology, and religion
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The books in the series should be
of interest to humanists and social scientists, as well as to organizational theorists and
instructors teaching in business, leadership, and professional programs
...
Price and J
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Thomas Wren, Ronald E
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Genovese
Lei1dership and Discot•ery
edited by George R
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Thomas Wren
Li11col11 s Le
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McDowell
For the Greater Good
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Hoyt
Excn1tiPe Pt111•er in 171cory a11d Practice
edited by Hugh Liebert, Gary L
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Price
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Executive Power in T_heory
and Practice,
Edited by
Hugh Liebert, Gary L
...
Price
___
...
The editors also
owe a great deal to Tammy Tripp, managing editor of the Jepson
Studies in Leadership series
...
She also corresponded
with contributors to secure permissions and to get revisions turned
around quickly-all with great dispatch
...
J
...
Goethals, series editors for Jepson
Studies in Leadership, approved the book for inclusion in the series,
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We would also like to thank our editors at
Palgrave Macmillan, especially Laurie Harting, Tiffany Hufford, and
Samantha Hasey
...
Finally, the editors would like to acknowledge the support of their
families
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So we owe great thanks to them too: Rana,
Ava, Brenda, Travis, Lori, Harper, and Bernard
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As Madison
records, a "considerable pause" ensued as one of history's most distinguished deliberative bodies succumbed to "shyness
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Today, some consider the
presidency to have grown from a mere "foetus of monarchy" into an
"imperial presidency," while others worry that an institution intended
to loom large and exude energy risks being fettered like Gulliver with
legislative cables
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Given the debates that
would follow on the heels of Wilson's proposal and continue down to
the present, one understands why even the Convention's most daring
delegates shied from speaking about such a singular office
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1
Mansfield located the essence of executive power in its ambivalence
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Indeed, he can hardly be
one without the other, for his claim to act on behalf of some larger
force is all that prevents the exercise of his own will from engendering resentment and resistance
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The American
2
Hugh Liebert
executive owes to Machiavelli's "new modes and orders" the doctrine
of "indirect rule," or ruling in another's name for the sake of ruling all
the more effectively on one's own
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When one understands both
Machiavelli's political science and the political science it was meant to
replace, Mansfield suggests, one can begin to appreciate the "tamed
prince" who rules America, however ambivalently and indirectly
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Since 9/11, however, debates over the nature and
proper extent of executive power have assumed a fresh urgency
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This is what the essays
collected in this book seek to do
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They recognize that understanding executive power
entails staging a dialogue between past and present, and between practice and theory
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But perhaps the most peculiar aspect of executive power is that its
beginning did not coincide with the beginning of political philosophy
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" 2 On Mansfield's telling,
Aristotle and Machiavelli agreed that the fundamental problem of politics lay in the insufficiency oflaw
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Since law necessarily falls short of full justice it must appeal
to fear, and thus even good laws inevitably involve an element of tyranny
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The first solution is Aristotle's, the second, which leads ultimately to
executive power, is Machiavelli's
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In his chapter, Robert Faulkner questions this claim
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Instead,
INTRODUCTION
3
what sets Aristotle apart from his modern opponents is his appreciation of law's ability to win compliance witlzo11t appealing to tyrannical
force
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It embodies, or at least appeals to, their sense of justice and
the good
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Because law
is loved, it need neither be feared nor seek out strategies to minimize its
fearsomeness
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If the story of the executive does not begin with Aristotle, then,
where does it begin? Hugh Liebert's chapter suggests that the search for
the birth of the executive in this history of political philosophy is itself
misconceived, because executive power existed in practice long before
it was articulated in theory
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It was Augustus, after all, who proclaimed the restoration of the republic in order to augment his ruling
rmo solo, and it was Augustus who founded a regime premised on just
this sort ofindirection and ambivalence
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As Rome extended its theatre of operations farther and
farther beyond the confines of the city, Liebert suggests, its political
theatre became increasingly dominated by characters reluctant to share
the stage with others
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The first executives, then, were not princes embalmed in theory
but demigods presiding over a republic's demise
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In
a careful study of three concepts central to Machiavelli's thoughtorders, modes, and ways-Thomas Karako's chapter suggests that the
heretical Florentine consciously trod along Christianity's "way
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Just as Christians conquered the world for God, so princes could
conquer by portraying themselves as rulers beholden to necessity or
fortune
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4
Hugh Liebert
It has never been entirely clear just how Machiavelli's departure
from ancient and medieval political thought informed the founders
of liberalism
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Hobbes, he argues, was, in his early years,
an attentive reader of Machiavelli
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3
Although Machiavelli's trail is admittedly harder to trace in Hobbes's
later work, Rahe claims nevertheless that the fifteenth chapter of the
Leviathan engages intimately with the fifteenth chapter of The Prince
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It is
not that Hobbes departs from Machiavelli's foundational claims-he
agrees that man must be viewed in his amoral wickedness, and agrees
too that mankind must be divided into princes and people
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By tending to man in his fear,
he claims, one can construct a sovereign more imposing than any of
Machiavelli's princes
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Lynn Uzzell's contribution to this book shows that
Locke intended all of the difficulty that scholars and citizens encounter
when trying to locate sovereignty in constitutions of separated powers
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But sovereignty is also
latent in every other power that Locke devises
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All is ambivalence and indirection
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It is fear of what might be lurking behind the apparently passive veneer of another "power" that keeps each power in check, Uzzell
argues
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Locke's ship of state, steadied in its course by the countervailing
tension of its separated powers, carried Machiavelli's insights from
England onto the shores of the New World
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In political life under the
Articles of Confederation, argues Jeffrey Sedgwick, one sees clearly the
perils of politics without princes-but one also sees that the political
men of the time saw those perils as well
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The Constitution is therefore better viewed as a continuation and
refinement of tendencies already emergent under the Articles than as a
sharp break with everything that preceded it
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If government lacked an executive, it would have to create one
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Even with this practical background in view, however, Locke's theory of executive power was a valuable guide to the American founders
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How, then,
could one bring Locke into line with republicanism? And how could
one limit popular excesses when governmental authority arose only
from the consent of the people? The leading founders developed a range
of approaches to this problem: Hamilton argued at the Convention for a
solution similar to Locke's own, for he thought that without institutions
closely resembling the British monarchy and aristocracy, the Constitution
was doomed
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Madison favored a "Council of Revision" and other
mechanisms by which the federal government might protect its rights
and the rights of individuals against the excesses of state legislatures
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Instead of grounding executive power in an extraconstitutional popular will, the Constitution trusted in the Electoral College
and in the Constitution's own authority (which had, after all, arisen
from popular ratification) to confer sufficient power on the president
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The heroes of
6
H11glz Liebert
Nichols's story are therefore men like James Wilson and Gouverneur
Morris-not the founders destined for the greatest fame, perhaps, but
still deserving of our respect for their prescient faith in what Nichols
calls the "Constitutional alternative
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As William Galston argues in his contribution to
this book, for all of the energy of the Constitution's executive branch,
it shares its most distinctive powers with other branches
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4 They
did so because concurrent powers seemed to further the goal they
most cherished-not governmental efficiency, but the prevention of
tyranny
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In the wake
of 9/11, Galston claims, President Bush did not
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Where Galston sees a presidency willfully departing from constitutional precedent, Karen Hult, Alison Smith, and John Yoo present a
presidency prone more to undue constraint than to expansion
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The president presides over a bureaucracy too large and unwieldy
for him to control; as a result, he frequently finds his legislative and
administrative agenda stymied by inertia and unaccountability
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With bureaucrats and reporters and handlers and
infighters surrounding him, how is a president to be his own man? The
proper worry, Hult suggests, is not imperial presidents but imperiled
presidents, lacking the energy to do much good-or for that matter,
much of anything at all
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Ever since the 1930s, the president has relied in particular on
the lawyers housed in the Office of Legal Counsel (OLC) to interpret
his constitutional powers for him
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" In her
contribution, Alison Smith questions this view of the OLC
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The presidency is weakened, moreover, when the
lawyers who serve it are forced to contend with the will of an attentive
and angry public
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A president is constrained not only by the nettlesome necessities of
modern leadership and by the diminishment of his advisors, however,
but by the tectonic realities of geopolitics
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hn Yoo's chapter, provides a telling case
in point
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In the early days of his presidency,
it seemed as though he might succeed
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And as a result, President Obama
began to recognize the wisdom of many of his predecessor's policies
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But such a choice need
not entail the abandonment of the Constitution, for the Constitution
draws its strength from its ability to countenance just such necessities
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Not every founder was so sanguine regarding the president's war
powers
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," it would
render the executive a "monarchy, of the worst kind, to wit an elective
one
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Mansfield's Taming the Prince was published as a generations-long
war-a war never formally declared by the legislative-was coming to an end
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And as he told it, the story of how the president
assumed his inheritance made for a captivating, Coppola-esque saga of
an Italian living for a while in England and then making the journey to
the New World, hidden beneath decks
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While he might show a little Machiavellian virtu
every now and then when he ventured out beyond the bounds of the
law to meet a crisis, he would race just as quickly back in to avoid stirring up resistance to his rule
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For
if one accepts that in practice the executive provides the Constitution's
point of closest contact with the world outside of convention-that
is, the world of necessity and of virtue-contemplation of the executive might seem to require one to depart from convention in theory as
well as in practice
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Americans can learn much from
their own founders' deliberations as they attempted to comprehend
and constitute executive power, but they stand to learn just as much,
perhaps, from what Madison called their "shyness"-the moment of
reflective, worried silence that preceded their deliberations
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Harvey C
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, Taming tlze Prince: The Ambivalence of Modern Executive
Power (New York: Free Press, 1989)
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Ibid
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3
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See Rahe's discussion
of the controversy in Chapter 4, as well as the sources he cites (n
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4
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Corwin, The President: Office and Powers, 1787-1957, 4th rev
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(New York: NYU Press, 1957), 171