A New Model of Executive Power: A Montesquieuan Explanation of the Obama Presidency

Abstract

The perennial concern over executive overreach continues well into Obama's presidency, leading many to wonder if the “unitary executive” is here to stay. Discussions of executive war powers focus on three models. The Hamiltonian perspective gives presidents the lead position in foreign affairs; the second model, following Madison, presents Congress as the leader when initiating hostilities. Finally, Jeffersonians present emergency powers as extra-legal, giving presidents a sphere of actions that cannot be contained within constitutional discussions. Problematically, current scholarship implicitly or explicitly grounds these explanations in Locke's political philosophy. This occurs despite a dearth of references to Locke during the Constitutional Convention and infrequent references to his thought during early debates over executive-congressional divisions of war powers. Comparatively, all of these seminal American figures frequently mention Montesquieu, often fighting over the specifics of his theory. While scholars widely acknowledge this influence, they rarely mention him during discussions of war powers or the nature of executive power in general. This article examines the Montesquieuan understanding of executive power and shows how this model represents a viable alternative to the Lockean one. Most importantly, examining the executive from a Montesquieuan perspective provides solutions to current problems that the Lockean perspective does not.     

George Washington and the Building of the Constitution: Presidential Interpretation and Constitutional Development

As first president, George Washington was in an historically unique position to shape the forms and customs of the newly-ratified Federal Constitution. Unlike most previous accounts of his presidency that focus on Washington's symbolic contributions, this essay suggests that he had a very clear substantive constitutional agenda–an agenda which he consciously sought to shape. Specifically, Washington attempted to graft his own views of separation of powers, executive privilege, federalism, and the rule of law on to the Constitution. More of the “original formsrdquo; of the Constitution, then, bear Washington's distinctive mark than heretofore thought.     

Vietnam: The Decision to Resume Armed Struggle in the South,Summer 1958–Summer 1959

Abstract

We are at war and society is man-oriented. My husband was wounded in the last war and I intend to make a comfortable and happy home for him. He risks his life. He serves long weeks in Sinai doing reserve duty and I sit here in comfort and security. When he is back I am proud to cook and bake, to take care of him, and to show him love and gratitude. I don't feel inferior or degraded.     

Between friendship and justice: on Lincoln’s political thought

Reading Aristotle and applying his notion of philia, or political friendship, across 26 centuries sheds significant light into Abraham Lincoln’s career. It is precisely in Lincoln’s embodiment of the Aristotelian notion of friendship that we come to understand his unique greatness. Perhaps he alone of all Americans proved capable of such extraordinary feats as leading the Republican party to victory in 1860, holding the Union together through the secession crisis and four long years of bloody civil war, ending slavery without white backlash, and offering reconciliation with the incredible magnanimity expressed in the ringing phrases of the Second Inaugural address. The basis of Lincoln’s preternatural political genius proved to be his ability to comprehend all sides, a comprehension that can only come from a profound belief in the importance of friendship. Americans, Lincoln argued throughout a terrible war as he had his entire life, were not enemies but friends who shared a commitment to nature and nature’s law as expressed in the Declaration.     

The Supreme Court Argument that Saved the Union: Richard Henry Dana, Jr., and the Prize Cases

On January 1, 1863, Abraham Lincoln signed the Emancipation Proclamation, claiming constitutional authority to do so “as a fit and necessary war measure.” The epic struggle between North and South had been raging for nearly two years. There were over a million soldiers under arms. At Antietam there had been more than 20,000 casualties in the bloodiest single day of battle in American history. ¹ But was it, in point of law, a war?     

Assessing Reagan's Legacy

Abstract

I have argued in other research that modern presidents have been facilitators rather than directors of change. They are highly dependent on their environments and can do little to increase their resources of influence. This article probes such a theory of presidential leadership further by examining the congressional leadership of George Washington.

Perhaps the most revered political leader in American history, Washington entered office with tremendous prestige, a Congress dominated by men he viewed as political allies, and, because he was the first president, the fewest constraining precedents of policy or process. Thus, Washington enjoyed the greatest potential to serve as a “director” and move the country in new directions through his leadership.

Yet the study reveals that Washington was mainly a facilitator, not a director of change—much like George Bush two centuries later. Systemic factors such as political culture and the structure of the constitutional system determined that Washington had to be a facilitator, dependent on the opportunities the electorate handed him rather than a director, creating opportunities for change through his own leadership. Similar features characterize the leadership of the current administration.     

Some Observations on Alexios Philanthropenos and Maximos Planoudes

Abstract

The campaign of Alexios Philanthropenos in Asia Minor, and his subsequent rebellion and punishment were among the most dramatic events in the Byzantine Empire in the 1290S. When first he assumed the responsibilities of a general and doux of the Thrakesion theme, Alexios was the great hope of the Emperor, Andronikos II, and of the population of Asia Minor. With his army, the general soon achieved spectacular victories in the Maeander valley. The Turks of the area were defeated, the Greek population took heart, deserted cities and villages were repopulated; he was able to send back to Constantinople the spoils of war, gold and silver and corn, and many captives. Large numbers of Turks, pressed on the other side by the Mongols, preferred to join Philanthropenos' army, and came to form a substantial part of it. To his own followers he gave a considerable portion of the spoils, and this too spurred them on to greater victories. The local population, having at last found a defender, joined him and gave him their loyalty. At Constantinople, the Emperor and Philanthropenos' friends rejoiced at the success of the young and brilliant general.     

Ambassador George Buchanan and the July Crisis

During the July Crisis, the United Kingdom was put under strong pressure from Russia and the latter's ally, France, to declare it would fight alongside them. Britain had made the entente cordiale with France in 1904 and a Convention with Russia in 1907. The British Ambassador to St. Petersburg, George Buchanan, was the key figure in diplomatic communication between Britain and Russia at this time and his performance has drawn diverse comments over the decades. Some analysts believe he genuinely sought to restrain Russia from war, but was undermined by his own government, who too easily accepted St. Petersburg must mobilise its army. But others feel Buchanan's reports of Russian mobilisation were ill-informed and unhelpful to the government in London. This article examines Buchanan's performance, arguing that he attempted to preserve peace for a time and does not deserve some of the criticisms levelled at him. Nonetheless, the preservation of the Triple Entente was a priority for him and, after about 28 July, once it became clear that European war could not be avoided, he became tardy in reporting Russia's war preparations, appearing more interested in defending his hosts’ behaviour than in providing an accurate analysis of events.     

Lincoln,Race, and the Spirit of ’76

Abstract

This essay examines how Lincoln dealt with race, slavery, and emancipation in antebellum America. It argues that despite a few controversial statements and policies regarding black Americans, Lincoln sought to preserve the American union and its system of self-government by reclaiming the ideals of the Declaration of Independence. Unlike U.S. Senator Stephen A. Douglas, who exploited white bigotry in his promotion of local “popular sovereignty” as a solution to the slavery controversy, Lincoln highlighted the natural rights of blacks as a way to prevent the spread of slavery and thereby save what he would later call “the last best hope of earth.”     

Michael Polanyi's Social/Political Order: Design for a Society of Explorers

Abstract

Michael Polanyi's fascinations throughout his lifetime were threefold: (1) science—specifically physical chemistry; (2) philosophy—specifically epistemology and ontology; and (3) political society, understood, in the British tradition, to include economics. In developing his recommendations for political society, Polanyi draws broadly upon insights and even concepts from his experiences and reflections in both science and philosophy. His search for meaning in all of his philosophical works provides for him the definition of what he considers the most important human endeavor and is that which the political order must strive to encourage and protect. In addition, the gratification he found in the collegiality and conviviality of scientific research, conducted most productively in what Polanyi identified as “societies of explorers,” suggested to him the diverse groups—as in science, “polycentrically” ordered—and engaged in all kinds of productive activities that came to represent, for him, the grassroots source of a society's creative vitality. Having come to appreciate the necessity of freedom for scientific discovery, freedom became a paramount value in the model he proposed for political society. But this freedom, he realized, had to operate within the boundaries of legal and moral constraint if it was not to dissolve into the oppressions of anarchy. So we find in Polanyi's model of political society a dynamic very similar to that which he had developed in his epistemology: an indwelling of tradition for the purpose of social stability but also a “breaking-out” of established ways to engage in creative endeavors. Similarly, as Polanyi had recognized higher and lower “orders” of existence in his ontology that were necessary for the “emergence” of more comprehensive and novel entities, “greater than the sum of their parts,” he provided for a similar vertical, or qualitative, “layering” in his social order. These insights, and more, that Polanyi draws from his scientific and philosophical reflections in the process of constructing his model of a political society are what I attempt to develop in this essay.     

Variety and Adventure in the Life of Carl Linden

Abstract

In his long life Carl Linden lived variously and wonderfully. For more than half a century he was a teacher and promoter of Great Books in the classroom and in the neighborhood. Great Books in his hands and mind transformed him into a kind of latter-day Socrates, always questioning, always smiling, sometimes teasingly. As a naturalist he was a hiker/biker on the C&O Canal towpath and promoter of it, as well. His scholarly pursuits took him to Eastern Europe, especially to Russia and Ukraine, about which he wrote and taught for four decades. Finally, he was a bon vivant whose Socratic ways won him laurels in the classroom and friends in the places where good fellows meet.     

Art That Makes Itself and other generative beginnings: Paul Brown interviewed by Bronaċ Ferran

ABSTRACT

In an interview with Brona? Ferran, Paul Brown recalls his involvement with people and places formative in shaping important countercultures of the 1960s and his long-term interest in generative art processes. He describes his interests since childhood in art and technological thinking which was further inspired by the Cybernetic Serendipity exhibition at the ICA in 1968. Shortly before seeing this, he had left art school, discouraged by a tutor who, on seeing a system-based drawing he had made, told him he would never become an artist. This exit proved liberating as Brown swiftly went on to forge an autonomous route working on light-shows and other multimedia events particularly at The Blackie in Liverpool, which had links to Drury Lane Arts Lab and other centres of radical experimentation. He returned to college in the early 1970s to study art and computing which became the basis of his successful art career.     

The Wortley Park Poachers and the Outbreak of the English Civil War

Abstract

On the eve of the Civil War, Sir Francis Wortley's deer park near Sheffield attracted the persistent attention of well armed plebeian poachers. The killing of Wortley's deer was an act of defiance that slighted his honour. His reputation was further undermined by the verbal abuse of several yeoman, prompting him into defending his reputation in the West Riding Quarter Sessions and the High Court of Chivalry. An examination of this litigation leads into a discussion of Sir Francis's concept of honour, distrust of popular politics and identification with the ideology of Charles I's personal rule. A micro-history approach to Sir Francis and his poacher enemies addresses the historiographical debate over whether deference or defiance defined plebeian attitudes to the ruling elite. It also impacts upon the formation of popular allegiance at the outbreak of civil war, and Wortley's brief notoriety as a national figure when he drew his sword for the King at York on 30 April 1642.     

Revisiting Dred Scott: Prudence,Providence, and the Limits of Constitutional Statesmanship

Abstract

After the Dred Scott decision in 1857, Abraham Lincoln embarked on a public campaign to prevent the expansion of slavery in the federal territories. Lincoln's opposition to Dred Scott was, however, bound up with a certain theoretical orientation that is often rejected in the general milieu of modern constitutional theory. Within the context of two recent revisionist accounts of slavery and American constitutionalism, I argue that our retrospective evaluations of the sixteenth president's statesmanship must enter into a deeper engagement with Lincoln's attachment to natural law and his theological interpretation of the Civil War.     

Lincoln and Chiriquí Colonization Revisited

Abstract

This article looks at Abraham Lincoln's pursuit of colonization in the Chiriquí region of Colombia (now Panamá), conventionally known as one of just two places that he seriously considered with respect to his policy of relocating African Americans. Challenging the standard account of the scheme's demise around October 1862 due to vehement Central American protest, this piece questions whether such a development really took the president by surprise. The two weak threads running through the Chiriquí proposal were its scope for diplomatic upset and the embarrassment that might arise from its corrupt proponents’ links to the administration. The author argues that Lincoln was aware of both issues from an early date – even if they each became more complicated than he had initially realized – but that he made persistent attempts to address them. The administration was also more concerned about the ramifications of divisions within Colombia than the widespread isthmian outcry at colonization. Lincoln accordingly tried to place colonization policy on a sounder diplomatic and legislative footing as it became apparent that his contract with a domestic businessman also carried international implications. Yet ultimately, it was the Chiriquí venture's corruption that killed it when the president discovered that it went all the way to the cabinet.     

Stiffening Abe: William Pitt Fessenden and the Role of the Broker Politician in the Civil War Congress

The difficult but by no means dysfunctional relationship between President Abraham Lincoln and Congress remains an understudied aspect of Civil War history. Indeed, it is impossible to arrive at a comprehensive or convincing explanation for Union victory until that relationship is limned more precisely. This article contends that U.S. Senator William Pitt Fessenden (1806–69) played a critical mediating role in the wartime Congress. He did so firstly in his capacities as chair of the Senate finance committee and close associate of U.S. Secretary of the Treasury Salmon P. Chase and secondly as a public supporter of executive war powers. Although the influential Maine Republican had serious doubts about the effectiveness of the Lincoln administration, his determination to quash the southern rebellion and considerable powers of self‐restraint enabled him to act as an important and constructive broker between the White House and the fractious Republicans on Capitol Hill.     

Lincoln's Reflective Patriotism

Abstract

In speech and deed, Lincoln's statesmanship manifests the possibility of an honorable, reasonable, and just love of country—that is, a reflective patriotism imbued by a republican love of liberty under God's Providence. In his speeches and writings, Lincoln consistently underscored that love of country must be governed by “reason,” “wisdom,” and “intelligence.” Thus, in his First Inaugural, March 4, 1861, he characteristically appealed to the combined forces of “Intelligence, patriotism, Christianity, and a firm reliance on Him, who has never yet forsaken this favored land.” Lincoln's reflective patriotism was nurtured by his gratitude to the Founders and measured by his fidelity to a national Union dedicated to the universal moral principles of the Declaration under the particular rule of law established by the Constitution. Historically, it was articulated as an alternative to rival forms of allegiance that Lincoln opposed as both unjust and unreasonable during the Civil War era—namely, sectionalism, nativism, and the imperialism of Manifest Destiny. Each of these disordered forms of love threatened the inseparable moral and fraternal bonds of liberty and Union that Lincoln sought to perpetuate through an ordinate love of country guided by wisdom and critical self-awareness. Lincoln's Eulogy to Henry Clay, June 6, 1852 provides the most cogent expression of his reflective patriotism.     

Anglo-Norman Parks in Medieval Ireland

Abstract

Lincoln Cathedral's Angel Choir was built in the second half of the thirteenth century to house the shrine of St Hugh of Lincoln, canonised in 1220. Although he was never a major saint, the Dean and Chapter of Lincoln sought to emulate the settings newly created for more venerable saints by constructing a completely new building to house his shrine. Despite considerable study of the Angel Choir the site of the shrine has not been established, neither has the site of the original burial. This is perhaps the more surprising when it is considered that contemporary documentation survives to describe the events of St Hugh's death and burial. There is sufficient evidence within the cathedral to reconstruct the sites of the original burial and the later shrines and this is supported by documentary evidence, so far overlooked, that is presented here.     

Anarchy and Public Discourse: Emerson,Lincoln and the “Mobocratic Spirit” of the 1830s

Abstract

In January 1838, Emerson and Lincoln each gave a lecture on the public violence that reached a crisis with the killing of Elijah Lovejoy. For both men, mobbing represented instabilities in the process of democratization that had structural implications for public discourse. In his Lyceum Address, Lincoln argues that if mobbing became conventionalized it could legitimize an extralegal politics of force and coercion. To counterbalance the pressure he saw mobbing place on civil society, Lincoln asserts the importance of developing a culture of reverence for standards of civility in the public sphere. For Emerson, in his lecture “Heroism,” mobbing marked irrational but intentional efforts to suppress dissenting speech and thought. Especially through attacks on political reformers and other individualists, public violence distorted civil discourse and enforced both conformity and silence. For both Lincoln and Emerson, the experience of mob action challenging civil society in the 1830s marked the proximity of civil to uncivil discourse and influenced their responses to proslavery rhetoric in the 1850s. Though they reacted differently, each articulates the risks of allowing the threatened violence of proslavery rhetoric to co-opt the political structure so that civil discourse acted as a façade legitimizing mob rule.     

The Lost Intermediaries: The Impact of 1870 on the European System

Abstract

Among the colourful characters that populate eighteenth-century military history, the French-born comte de Bonneval (1675–1747) has been kept alive in historical memory longer than most. His surprising conversion to Islam and contribution to Ottoman military reform long made him a popular subject for biography in his own right. Nowadays, he mainly features in biographies of Prince Eugene of Savoy. Both were commanders in the Habsburg army, and for nineteen years they were close companions in war and peace.¹ The circumstances that turned Bonneval's friendship with Eugene to enmity also led him in 1729 to offer his services to the Ottoman Empire. For most scholars, this is the moment when his actions became of lasting historical significance. The Ottomans, who suffered in the eighteenth century a series of military defeats, employed foreigners to help them reform their army. After converting to Islam and renaming himself Ahmed Pasha, Bonneval became the first of these when the grand vizier, Topal Osman, invited him in 1731 to reform the Ottoman artillery corps. He moved to Constantinople, added the sobriquet ‘Humbaracl’ (bombardier), and became a noted figure at the court of Sultan Mahmud I. Until Bonneval's death in 1747, Europeans having dealings with the Ottoman regime looked to him for assistance in navigating its internal politics.²