 |
War, Emergency and Corruption After September 11
| |
| | Unformatted Document Text:
“separateness but interdependence, autonomy but reciprocity.” Within the constitutional system
a loosely-bounded field comes into existence between Executive and Congress.
What goes on in this field? To claim that “the Framers regarded...checks and
balances....as a self-executing safeguard against the encroachment or aggrandizement of one branch at the expense of the other” would be deeply misleading. Most “Framers” correctly saw
the constitutional frame as composed of citizens. And while Madison was prepared to “trace [the operation of]...opposite and rival interests...through the whole system of human affairs, private as
well as public,” the language Madison borrowed from Bernard Mandeville and Adam Smith did not have under his pen the economistic tone we associate with those thinkers today. No
“invisible hand” guides political outcomes; the constitutional separation of powers is not a “machine that would go of itself.” Even if “the private interest of every individual may be a
sentinel over the public rights,” the result Madison envisioned at the level of government was in no way automatic. Decisions in the intermediate field between branches of government — good
or bad, favoring progress or degeneration — emerge from contest and negotiation, as every individual fights for himself and every citizen for his own position.
0
Again, Is it war or not? With America under threat or engaged somewhere abroad in
military operations, this question is bound to arise with regularity. Not just on the infamous days
of Pearl Harbor or September 11, but every day throughout many levels of society. Even as viewed from a narrowly constitutional perspective, it is a “political question.” What does this
mean?
The political field between branches of government is slippery. De facto power to make
war can shift with each incremental decision, each time an office or officer assumes an answer to the question Is it war or not? At times, however, the war-making power will appear to fall
almost entirely into the hands of the Executive. Although the constitutional frame was designed to impede despotism it allows this. Why?
The primary reason is that the Constitution does not simply generate authority or
authoritative decisions. Despite its appearance, it does not assign pre-existing powers. The
Constitution — one may say almost tautologically — constitutes political processes. The ground of politics is always a division of action. All constitutional powers — large or microscopic,
0Obviously, conflict is also decisive within branches; witness not just the contentions of the legislative process, but, for example, the twisted path to major foreign policy in the first administration of George W. Bush. This fact does not bear directly on the discussion here.
P.A. Meyers — Chapter 18 of The Position of the Citizen After September 11 — page 1
|
| |
| |
|
|
“separateness but interdependence, autonomy but reciprocity.” Within the constitutional system
a loosely-bounded field comes into existence between Executive and Congress.
What goes on in this field? To claim that “the Framers regarded...checks and
balances....as a self-executing safeguard against the encroachment or aggrandizement of one
branch at the expense of the other” would be deeply misleading. Most “Framers” correctly saw
the constitutional frame as composed of citizens. And while Madison was prepared to “trace [the
operation of]...opposite and rival interests...through the whole system of human affairs, private as
well as public,” the language Madison borrowed from Bernard Mandeville and Adam Smith did
not have under his pen the economistic tone we associate with those thinkers today. No
“invisible hand” guides political outcomes; the constitutional separation of powers is not a
“machine that would go of itself.” Even if “the private interest of every individual may be a
sentinel over the public rights,” the result Madison envisioned at the level of government was in
no way automatic. Decisions in the intermediate field between branches of government — good
or bad, favoring progress or degeneration — emerge from contest and negotiation, as every
individual fights for himself and every citizen for his own position.
Again, Is it war or not? With America under threat or engaged somewhere abroad in
military operations, this question is bound to arise with regularity. Not just on the infamous days
of Pearl Harbor or September 11, but every day throughout many levels of society. Even as
viewed from a narrowly constitutional perspective, it is a “political question.” What does this
mean?
The political field between branches of government is slippery. De facto power to make
war can shift with each incremental decision, each time an office or officer assumes an answer to
the question Is it war or not? At times, however, the war-making power will appear to fall
almost entirely into the hands of the Executive. Although the constitutional frame was designed
to impede despotism it allows this. Why?
The primary reason is that the Constitution does not simply generate authority or
authoritative decisions. Despite its appearance, it does not assign pre-existing powers. The
Constitution — one may say almost tautologically — constitutes political processes. The ground
of politics is always a division of action. All constitutional powers — large or microscopic,
0Obviously, conflict is also decisive within branches; witness not just the contentions of the
legislative process, but, for example, the twisted path to major foreign policy in the first
administration of George W. Bush. This fact does not bear directly on the discussion here.
P.A. Meyers — Chapter 18 of The Position of the Citizen After September 11 — page 1
|
|
 Convention | | All Academic Convention is the premier solution for your association's abstract management solutions needs. | | Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf. | | Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets! | | Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more! | | Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering. | | Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more! | | Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches! | | Click here for more information. |
|
|
|
| |
|
|
|
