Judge Andrew Napolitano: Beware of dangers of an imperial presidency

  • Thread starter
  • Banned
  • #2
From the article:

When Woodrow Wilson came to the presidency, he had new ideas about the nature of the federal government. And he succeeded in imposing those ideas on the executive branch he headed and on the Congress whose appetitive for more power he whetted.
Wilson turned a modest constitutional presidency on its head. He argued, for example, that because the First Amendment prohibits Congress from infringing upon the freedom of speech, it imposed no such restraints on the presidency. That was his justification for dispatching a federal police force he created on his own -- which would later become the FBI -- to arrest young men for singing German beer hall songs in bars and taverns during World War I and for reading aloud the Declaration of Independence near the entrances to draft registration facilities.

Wilson also argued that the concept of the president as “head of state” gave him powers not articulated in the Constitution -- powers inherent in foreign heads of state. From this he crafted the Wilsonian model -- the feds can do whatever draws political support, except that which the Constitution expressly prohibits.

All post-Wilson presidents have followed his model, and this is where Attorney General Barr misses his mark. Madison predicted that the most feared branch of the new government -- the one that could get away with the most lawlessness, the one whose power would expand at the expense of the other two -- would be the presidency.
 

Forum List

Back
Top