The Essential Problem with the Unitary Executive

Not So Eerie Parallel

By Kelly

The analysis of John Yoo's problem with Elena Kagan reminded me of something I attribute to the Watergate scandal, specifically G. Gordon Liddy. The paraphrase was something like 'The President can not give an unlawful order'. I can't find the quote, I might have it attributed to the wrong person. To be fair I'm basing it on 30-year-old memories but I was quite struck by how there could exist a class of person who was so willing to follow a leader regardless of direction, whether into battle or over a cliff. It is these men who allow their hyper-loyalism to distort their duty to the country; if I had to guess I would say that in their minds the President _is_ the country and what is right for one is automatically right for the other.

In political discourse it has become easy for the newly elected to delude themselves with "I won therefore I must be right" which taken to the logical extreme can become 'might makes right', the damage being to the idea that the entire constituency is the source of power not just the subset of people who agree with you and vote. If tolerence is supposed to be a virtue it must be getting lonely of late. Governing without regard to the minority has long been recognized as another form of tyranny; occurring in a democracy only makes it a minor tyranny whose overthrow is only an election away - but a tyranny still.

True patriots do not ask, "If you are not with us, you are against us", which relies on demagoguery and fear to quell dissent. A true patriot asks, "Is this what is best for the country as a whole?" We are not a country of one mind in complete agreement, of which our founding father's were quite aware, and to progress down the road of history will require those who rule to show respect for the opinions and beliefs of the minorities being ruled, how else to have the respect of the people - for if you show the people your scorn for them, you no longer are deriving your power from them and have begun to take the well-worn steps down the despot's road.