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The
  Accountability
       of
     Power
      Toward a
Responsible Presidency
               by
           Senator
WALTER F. MONDALE



   David McKay Company, Inc.
           New York
1
              The Presidency
                 in Crisis
  The President of the United States is a man or a woman or whatever
  who is, like, picked by the people to lead the country. And they try
  to make the person almost perfect. because if a person is going to
                                       .   .
  be the head of a country like the United Statesforfour years, he /ust
  has to lust about be perfect.
         —Twelve-year-old boy, interviewed by Fred Greenstein, 1970
  I never questioned anything. I grew up during World War II and
  honestly thought that God was on our side, but I won’t be so naïve
  again and neither will my children. I have a four-year-old who
  watches the hearings and keeps asking if they are going to put the
  President in lail.
                         —Mother of five, Westchester County, N. Y.,
                                         interviewed in August 1973
Security guard Frank Wills could not have known it at the
time, but on June 17, 1972, he helped end an age of juno
cence for Americans. His discovery of a strip of tape on a
door in a plush Washington office building known as Wa
tergate led to disclosures of wrongdoing beyond anything
that Americans had believed their Presidents were capable
of undertaking. Watergate—and all it came to represent and
                                   1
The Accountability of Power                                        The Presidency in Crisis
 symbolize—forced Americans to focus on the nature of the        tailed Presidential legislative package had been developed,
Presidency, which had been fashioned over history, and on        which had greatly changed the relationship between Con
the personalities of the Presidents who had held that office.    gress and the Presidency in the President’s symbolic role in
   Since the Presidency of Franklin Roosevelt, Americans         the formulation of legislative programs for the nation. But
had become accustomed to the idea of a growing and ever          Eisenhower in 1953 refrained from submitting a Presidential
more powerful Presidency at the head of a growing and ever       legislative program. The criticism was massive and the result
more powerful federal government. Americans looked to            was predictable. In 1954, he presented a package of his own
their Presidents for moral leadership, a sense of direction in   containing some sixty-five proposals for new legislation. As
the formulation of public policy, and statesmanship in pro       Richard Neustadt has noted, “Throughout, one theme was
tecting America from continuing threats— real or imagined        emphasized: here was a comprehensive and coordinated in
—from overseas. Roosevelt had transformed both the expec         ventory of the nation’s current legislative needs reflecting
tations of the people toward their Presidents and the nature     the President’s own judgments, choices and priorities in
of the Presidential establishment itself. Fostered by a world    every major area of Federal action.” Thus Eisenhower was
war and then by the cold war, the development of nuclear         forced by public demand to take the initiative in proposing a
weapons and by the needs of a growing nation at home,            comprehensive legislative package.
Americans had become accustomed to the idea of Presiden             That much of this legislative package was never adopted
tial leadership on a scale never before exhibited in the his     —indeed, was never seriously pursued by Eisenhower—
tory of our republic.                                            misses the point. The pressures of the Roosevelt legacy had
   The pull of a powerful Presidency became a dynamic            impelled Eisenhower, an essentially passive successor, into
relationship between those occupying the office and the          the position of providing symbolic leadership. Americans
institution itself. Those whose personalities welcomed           expected their Presidents to provide this kind of leadership;
greater Presidential power encouraged the development of         and while some Presidents were pushed, most eagerly re
an aggressive Presidency. And even those who began with          sponded to and indeed helped create and encourage this
limited conceptions of the role of the Presidency often came     view of the Presidency. Indeed, this view of the Presidency
to accept a broader view of Presidential power.                  as the preeminent source of national power and wisdom
   Dwight Eisenhower came to office in 1953 desiring a lim       acquired ever-increasing strength throughout most of the
ited Presidential role. Under Harry Truman, a yearly, de         1960s. Surrounded by weak institutions and encouraged by a
                              2                                                                3
The Accountability of Power                                         The Presidency in Crisis
 public perception of the Presidency as the oniy institution        The decline in Americans’ faith in all key institutions in
 capable of moving an often sluggish government, the esca        the late 1960s and early 1970s, as measured by pollster Louis
 lation of Presidential power proceeded nearly unchecked.        Harris, was astounding. In 1966,41 percent of the nation had
    Within a few years, this inflated sense of Presidential      confidence in the executive branch of the government; by
 power, so dangerous in the long run to our democracy,           1973, the figure was down to 19 percent. Congress, the
tripped over Vietnam and fell over Watergate. By the late        Supreme Court, business and labor were also not spared from
1960s, with America engaged in a seemingly endless and           this declining sense of confidence in our institutions. In just
unwinnable land war in Asia, the people’s confidence in their    one year—from 1972 to 1973—the ravages of Watergate on
governmental institutions— and inevitably in the Presi           the people’s faith in the institution of the Presidency became
dency—had begun to erode. And just as Americans’ per             evident. The University of Michigan Institute of Social
ception of the inflated sense of the Presidential role had       Science Research found that while in 1972, 41.4 percent of
distorted reality, so the fall from grace was distorted and      those questioned felt that the President was the branch of the
magnified as well.                                               government most often trusted to do what was right, by 1973
   If Vietnam burst the bubble of Presidential ascendency        the figure was down to 23.7 percent. Significantly, the same
and omniscience, Watergate began a wholesale decline in          survey indicated that slightly more of those questioned in
Americans’ belief in the viability and honesty of their gov      1973 felt that the Presidency was the most powerful institu
ernrnental institutions. The measures of this disillusionment    tion in government—35.3 percent, as opposed to 33.6 per
are many, and they are frightening. In 1960, 63.1 percent of     cent in 1972. The American people seemed to realize that
the nation’s electorate voted in the Presidential election; by   the Presidency was powerful, indeed,that it was the most
1972, the figure was down to 55.6 percent. In a technique        powerful institution in our governmental apparatus. And yet
developed and used in eighteen countries by Cantril and          Americans profoundly doubted whether this power was be
Free to measure individuals’ faith in their nation’s achieve     ing used properly—whether the Presidency was a vehicle for
ments, the United States in 1971 became only the second          the achievement of proper goals through proper means.
nation—the Philippines in 1959 was the first—to judge that its      Fundamental questions were being asked about the Pres
present condition was worse than it had been five years          idency, both by those who had supported and by those who
before.                                                          had opposed the expansion of Presidential power. These
                              4                                                                5
The Accountability of Power                                       The Presidency in Crisis
questions posed a fundamental challenge to the strength of       department, consists in giving to those who administer
our governmental institutions.                                   each department the necessary constitutional means
                                                                 and personal motives to resist encroachments of the
   While Americans in the early 1970s had serious cause to       others     Ambition must be made to counteract
wonder about the acceptable boundaries of Presidential           ambition.
power, they certainly were not the First to ponder the prob
1cm. Indeed, no question had more absorbed the group of           Basically, the framers decided that human nature was such
talented revolutionaries meeting in 1787 to hammer out the     that the occupants of public office must be subject to clear
form of government for our new American nation. They           restraints. If a public institution permits unrestrained accii—
were deeply wary of the accumulation of power in any one       mulations of power. they reasoned, the holder of that power
institution of government, a fear fostered by the tyrannical   might act in ways entirely inconsistent with the needs of the
abuse of power under the King of England and by the inept      public, the nation and the law. And it was therefore consid
mismanagement by state legislatures during the Confedera       ered necessary to divide power. to check it, and to require
tion. Perhaps the classic statement of this fear—and of the    those who exercised that power to explain its use and give
solution for it—was Madison’s comment in Federalist Paper      the American public a basic veto power in the form of
No. 51:                                                        recurrent elections which could be conducted with a full
                                                               understanding of the interplay and tension between the
     To what expedient, then, shall we finally resort, for     branches of government. And this tension would help ensure
   maintaining in practice the necessary partition of          that when disputes arose between the branches of govern
   power among the several departments, as laid down in        ment they would be forced into public view, so that the
   the Constitution?    . in order to lay a due foundation     people would have the ability to sway the recalcitrant
   for that separate and distinct exercise of the different    branch. By so transforming intragovernmental disputes into
   powers of government, which to a certain extent is          public matters for discussion, the Constitution helped en
   admitted on all hands to be essential to the preservation   sure public participation in the governing process.
   of liberty, it is evident that each department should          The danger was not conceived to lie in a particular branch
   have a will of its own.  .  The great security against a
                                .
                                                               of government, but rather in the potential for the concen
   gradual concentration of the several powers in the same     tration of excessive power in any branch. The fear was not of
                                    6                                                         7
The Accountability of Power                                        The Presidency in Crisis
 the exercise of power, but of the exercise of unaccountable     logical base chose to overlook the ever-increasing ability of
 power. And the solution was not the deprivation of power        the Presidency to dominate those other institutions inside
 from the federal government, but the separation of powers       and outside government that might act as restraints on the
 which would make that power accountable. The questions          unaccountable use of power in international dealings.
 Americans were asking in the late twentieth century were           In 1944, Justice Jackson observed in the Korematsu case
 almost precisely those expressed in Philadelphia nearly two     that “The chief restraint upon those who command the
 hundred years earlier.                                          physical forces of the country in the future as in the past
    Had the power of the executive so outstripped the power      must be their responsibility to the political judgments of
 of the other competing institutions in our government that      their contemporaries and to the moral judgments of history.”
 there remained no means of restraining the arbitrary use of     Unfortunately, by the middle 1960s, many of the institutions
that power? And who was going to restrain the exercise of        capable of rendering that political judgment had atrophied
unaccountable power, if it was to be restrained at all? In       so badly that only the moral judgments of history were acting
deed, for many—including many previously committed sup           as restraints on Presidential power.
porters of the concept of expanding Presidential power—the          Institutions which had traditionally shared power—most
answers to those questions seemed to determine whether our       notably, Congress and the political parties—seemed to have
democratic institutions would survive the shocks they had        broken down as effective checks. A bipartisan foreign policy
suffered. Jefferson had warned that “the tyranny of the leg      which had dominated so much of the post—World War II era
islature is really the danger most to be feared and will con     had contributed to this breakdown. By necessity or choice,
tinue to be so for many years to come. The tyranny of the        foreign policy had become the chief means for exercising
executive power will come in its turn but at a more distant      Presidential power. De Tocqueville’s prediction had been
period.” His warning now seemed to have been realized, and       fulfilled: “If the existence of the union were perpetually
the Presidency had been thrown into crisis.                      threatened, if its chief interest were in daily connection with
   This crisis had been the result of an accumulation of power   those of other powerful nations, the executive government
begun first and most noticeably in foreign affairs. As Arthur    would assume increased importance in proportion to the
Schlesinger, Jr., observed, “The Imperial Presidency was         measures expected of it and to those which it would
essentially the creation of foreign policy.”                     execute.”
   For many years, a bipartisan coalition with a broad ideo         Presidents discovered that foreign policy had many ad-
                              8                                                                 9
The Accountability of Power                                            The Presidency in Crisis
vantages for a leader seeking to avoid true accountability. It       power. Together we suffered as our blood and resources were
can be intoxicating. The sweep and drama of diplomatic               fruitlessly squandered in Southeast Asia. We came to see the
initiatives, the need for only limited consultation, the ten         Presidency no longer as the source of omniscience supported
dency of Americans to rally behind Presidents in interna             by the Pentagon’s computers, but as an office occupied by
tional efforts during times of crisis, and the frequent absence      mere mortals who could make serious mistakes. We came to
of powerful opposing interest groups, so often preent in             see the need for a Congress which challenged and questioned
domestic affairs, enabled them to maintain secrecy and avoid         executive leadership and asserted its powers under the laws
real power-sharing.                                                  and the Constitution.
    Recent Presidents have concentrated heavily on foreign              Then, just as the end of direct American military involve
affairs. A number of White House aides of recent adminis             ment in Vietnam concluded one national nightmare, we
 trations, interviewed by political scientist Thomas E. Cro          began another. The use of secrecy and national security to
ni estimated that the Presidents for whom they worked                justify any action had been transferred from the foreign
spent between 60 percent and two-thirds of their time ex             policy arena and used against the American people. As the
clusively concentrating on national security activities or           late Stewart Alsop observed: “to transfer such secret service
foreign policy crises. For Richard Nixon this seemed to come         techniques on an obviously planned and organized basis to
naturally, as his interests lay in the area of foreign policy. But   the internal American political process is a genuinely terri
the lure of foreign involvement consumed even Lyndon                 fying innovation. The Watergate scandal, it is clear, by now,
Johnson, with his deep commitment to domestic improve                is different—truly different, different in kind—from all the
inent. His dreams for a more just and humane America were            scandals that have preceded it in American history. It is this
smothered in the jungles of Vietnam where over 55,000                difference that makes it so frightening.”
American lives and $150 billion in American treasure were                This “difference” meant use of the IRS, the CIA, the FBI
lost.                                                                and the Department of Justice for corrupt ends designed to
  Yet the tragedy of Vietnam was not the tragedy of Presi            subvert the political process and punish the enemies of the
dents alone. Vietnam was a trauma begun in a spirit of                Nixon Presidency. The “difference” meant deceit, perjury
American omnipotence, a spirit that we could solve the                and the cover-up of unlawful activity involving the President
world’s problems and reshape much of the world in our own             of the United States. It meant a full-scale attempt to destroy
image. Only painfully did we learn the limits of American             the integrity of the election process itself through the use of
                                10                                                                  11
The Accountability of Power                                              The Presidency in Crisis
                                                                       happen again. And we can prevent Presidential excess
secret agents, the exaction of large corporate contributions
                                                                       without fundamentally weakening the much-needed power
from major American companies with the expectation of
                                                                       of the Presidency.
government favors, and the use of some of the funds so raised
                                                                          To learn from the ordeals of Vietnam and Watergate,
to seek to destroy the credibility of honorable men seeking
the nomination for President of the United States.                     however, we must analyze carefully their similarities and
   The catalog of Watergate horrors is seemingly endless.              differences. Both Vietnam and Watergate have helped
We could have lost our democracy. The Presidential men                 change Americans’ view of their Presidents and the Presi
tality which bred Watergate also led to the illegal im                 dency. Americans have awakened to the need for institu
 poundment of huge sums of congressionally appropriated                tional change if such tragedies are to be avoided in the
 hinds to frustrate policy objectives adopted by the Congress;         future. Yet each—while reflecting in part the high price we
 a campaign of media harassment and intimidation beyond                pay for unaccountable Presidential conduct—occurred in a
 anything seen before; and the rejection by the President of           different environment, and from each we must learn impor
 the role of his own political party in any meaningful way             tant lessons.
 during the election of 1972. It bred contempt for the Amer               The disastrous consequences of American involvement in
 ican people and our institutions and shattered the trust of the       the Vietnamese War destroyed both the notion of American
 American people.                                                      omnipotence and the concept of Presidential omniscience. It
                                                                       was the product of a belief in Presidential authority and
   How had this all happened? How had the American peo                 competence in the area of foreign affairs accumulated over
ple, the Congress, the parties, the media, indeed virtually all        two decades. Following World War II and the Korean War,
our American institutions permitted these tragedies to oc              following the “loss” of China and the spread of communism
cur? That American involvement in the war in Vietnam was               in Eastern Europe, we became increasingly willing to defer
ended, that Watergate was discovered and dealt with effec              to Presidents, to assume that Presidents knew, or could
                                                                       know, all the facts and knew how best to deal with them.
tively by these same institutions should give us some com
fort. Yet the inability of these institutions to check arbitrary          There was deception by Presidents Johnson and Nixon
Presidential behavior at the outset must be fully explored             concerning their Vietnam policies. Both concealed from the
and understood. For unless we deal effectively with the                American people their true intentions and plans regarding
                                                                       Vietnam. In April of 1965, when the first large-scale escala
causes of these Presidential excesses, we may well see them
                                12                                                                 13
                                                                   I
The Accountability of Power                                                  The Presidency in Crisis
                                                          20,000
tion of the war occurred with the introduction of                         it is true that the Pentagon Papers reveal a Presidential
                                                        wrote in
troops into Vietnam, a top advisor to the President                       strategy at odds with what the Congress and the American
                                                       President
an internal and secret memorandum that “the                               people were being told. But the unavoidable fact js that the
                                                        possible
desires that premature publicity be avoided by all                        main outline and realities of the war in Vietnam were obvi
precautions. The actions themselves should be taken as rap                ous for all to see. The war in Vietnam was the best-reported
                                                              the
 idly as practicable but in ways that should minimize                     war in American history. Whatever deception may have
 appearance of sudden changes in policy. The President’s                  been attempted, the American people—and the Congress—
                                                              un
 desire is that these movements and changes should be                     were able to see the destruction of innocent lives, the burn
                                                            exist
 derstood as being gradual and wholly consistent with                     ing of villages, the entire gamut of physical and psychologi
                                                     the Gulf of
 ing policy.” Following closely on the heels of                           cal warfare from the comfort of their easy chairs. We in the
                                                                of
 Tonkin resolution_approved by the Congress on the basis                 Congress knew what we were doing when we regularly
                                                       continued
  dubious information_this policy of secrecy was                         voted continuing appropriations for American troop in
  throughout the prosecution of the war in Vietnam.                      volvement in Vietnam. The American people knew what
      In 1968, the people narrowly chose Richard Nixon to b              tens of billions of their tax dollars were paying for each year.
  President on the basis of his promises to bring the war to an              We knew, and yet for too long we were willing to pay the
                                                         in Cam
  end. Less than one year later, secret bombing raids                    price. We knew what was happening, but we somehow
                                                             were
  bodia began, and more than 100,000 tons of bombs                       thought we could win, that we could “tough it out.” We
   dropped in 3,500 sorties. In fact, PentagGn figures show              didn’t and we couldn’t, and as a society we paid a high price.
                                                       Indochina
   about 3 million tons of bombs were dropped in                         Vietnam’s costs went beyond even its terrible toll in lives and
   during the first three years of the Nixon Presidency, more            money. It provoked a confrontation between generations
                                                             Lyn
   than had been dropped during the three final years of                 and poisoned American politics. It was a tragedy caused by
                                                        bombings
   don Johnson’s Presidency. Along with the secret                       the nearly unquestioned dominance of Presidential asser
                                                          areas of
   came a continued expansion of the war into other                      tions of power in foreign affairs, the weakness of congres
   Indochina and the loss of over 15,000 American lives in the           sional dissent, and the illusion—widely shared by Americans
   years 1969 through 1972.                                              —of the limitless nature of American power, resources and
                                                          mislead
       It is true that Congress may have been provided                   wisdom.
                                                  resolution. And
    ing information to justify the Gulf of Tonkin                           Watergate was fundamentally different, and yet shared
                                 14                                                                    15
                                                                     L
The Presidency in Crisis
                 The Accountability of Power
                                                                            in the escalation of the war in Vietnam and the imprint it left
                                             l excess. The war in
many common elements of Presidentia                                         on American society. Yet he inherited involvemeit in the
                                          Watergate was not, at
Vietnam was knowable to everyone;                                           war from other Presidents, and was encouraged in his esca
                                        ate was not a tragedy of
least at first. The tragedy of Waterg                                       lations by an American public which wanted American
                                           vision of Presidential
American miscalculation, led by a                                           involvement and a Congress basically responding to that
                                          Rather, in its broadest
power which had outgrown reality.                                           desire. Without public support, there might have been less
                                            fundamentally lacked
scope, it was the tragedy of men who                                        congressional willingness to go along with American policy.
                                               es which governed
 respect for the system of American valu                                    With a strong Congress able to help lead public opinion, we
                                              many other govern
 our history and used the weakness of                                       might have shown the American public earlier the tragic
                                               mpt to change the
 mental institutions as an excuse to atte                                   consequences of our Vietnam involvement. With a different
 nature of those institutions.                                              Presidential personality, there might have been less of a
                                                   e not responding
      The men of the Nixon White House wer                                  desire to attempt to show America’s ability to police the
                                               attempt to imprint
  to a public which seemed eager to                                         world. But if the public had been more strongly opposed to
                                                  n. They were iii—
  American involvement in a foreign natio                                   the war, even johnson or Nixon might have relented far
                                          n of a society in which
  stead responding to their own visio                                       earlier than they did.
                                                which the powers of
  individual freedoms were cheapened, in                                       So, too, the mixture of personality institutions and public
                                              garded, in which the
   the Congress were systematically disre                                   opinion is complex even with Watergate. With a man dif
                                              media were treated as
   parties were ignored, and in which the                                   ferent from Richard Nixon_witIoit his distrust of the media,
                                              weakness of the insti
   objects for intimidation. And yet the                                    of the Congress, of the parties and even of the con
                                             have played a part in
   tutions surrounding these men must                                       stitutional systemwatergate probably never would have
    giving them the sense of security nee
                                              ded to undertake the
                                                                            occurred. Yet even with Nixon, had there been a vigorous
                                                rtook.
    massive violations of law that they unde                                Congress checking many of the early excesses of his admin
                                            damentally different in
       Vietnam and Vatergate were fun                                      istration. he might have been restrained in his unaccountable
                                       t, and in their effects on our
    their origins, in their developmen                                      assertions of power.
                                           plex interplay between
    society. Yet both showed the com                                          Even with Richard Nixon in office, had the American
                                            al strength and public
     Presidential personality, institution                                  public reacted more strongly and sviftly after ‘Watergate
     opinion which marks our politics.                                      disclosures began to be knowfl in mid-1972, the grievous
                                               was clearly important
       The personality of Lyndon Johnson
                                                                                                          17
                                   16
                                                                        L
The Accountability of Power                                                 The Presidency in Crisis
                                                 half before the           dents and other bodies in our society and by changing the
damage done to our country in the year and a
                                                      An earlier           ways that Americans examine the character and personality
President resigned might have been lessened.
Presidential resignation would have accomplished
                                                        much.              of those persons who wish to lead the nation. We must see
                                                      and public           that both the reform of institutions and the changes in the
   Again, the blend of personality, institutions
                                                    therefore, in          way we look at Presidential character must be more than
opinion is inseparable. The challenge we face,
                                                                           passing phenomena. We cannot forget Watergate and Viet
the wake of Vietnam and Watergate is complex.
                                                          and the          nam, and we cannot allow the resignation of a President to
    We must elect Presidents who respect the law
                                                        We must            end our search for ways to avoid their repetition.
 other institutions which surround the Presidency.
                                                              their           Since Gerald Ford has become President, our memories of
 strengthen those institutions in ways which increase
 effectiveness and their ability to check unaccountable
                                                              Pres         Vietnam and Watergate have faded. The “Imperial Presi
                                                     aware of the          dency,” we are told, is a creature of the past, unlikely to be
 idential power. And as Americans we must be
                                                       of the need         repeated. Without doubt, the Ford personality is far more
 importance of a restrained yet strong Presidency,
                                                             while         open and accountable than is Richard Nixon’s. Without
 for Presidents who respect the need for accountability
                                                    the need for a         doubt, the Congress has continued to reassert its institutional
 asserting the valid powers of their office, and of
                                                       will check          prerogatives under President Ford, though not always as
  Congress, parties and media which can and
  otherwise unaccountable Presidential conduct.                            vigorously as many of us would hope. Without doubt, Presi
                                                                           dent Ford has used the Cabinet more than many of his
                                                   role of the             predecessors and in most instances has been fair in his
    The task we face is clear: to redefine the
                               the importance of Presidential              dealings with the media.
 Presidency to acknowledge
 power, but to insist on the greater importance
                                                   of account                 Gerald Ford has once again proven the powerful influence
                                                         of the            of a President’s personality on that office. Ironically, though
 able Presidential power. The “end of innocence”
                                                    out to be a            he was not elected, Gerald Ford has shown the enormous
 American people with their Presidents can turn
                                                as Lord Acton              value of electing Presidents who are healthy emotionally.
 healthy development by allowing us all to see,
                                               that the office             Yet even he granted an unconditional pardon to Richard
 saw, that “there is no worse heresy than
                                                                           Nixon, an act taken with little consultation and very little
 sanctifies the holder of it.”
                                                         the re             perception of the public reaction to its enormous signifi
    This restraint can be accomplished only through
                                                     our Presi              cance.
  form of the institutional relationships between
                                   18                                                                    19
                                                                      -J
The Accountability of Power                                             The Presidency in Crisis
                                                                     force in helping shape American government; it should not
    Presidential personality giveth and Presidential personal
                                                                     merely react to Presidential uses of that governmental ap
ity can taketh away. And we should therefore not assume
                                                                     paratus. The Cabinet’s role as Presidential advisors should
that our problems with Presidential overreachings can be
                                                                     not preclude the exercise by Cabinet officers of creative
solved if we only have the right person in the office.
                                                                     leadership of the departments whose functions they oversee.
    Those who believe that we need only elect “good people”
                                                                     The role of the political parties is crucial to restrain runaway
and that the institutions and public awareness will take care
                                                                    Presidents and to focus and channel the feelings of Ameri
 of themselves overlook the damage to our institutions which
                                                                    cans about their government. The media’s importance in
 another prolonged period of institutional neglect could en
                                                                    forcing Presidents to face reality cannot overshadow their
 sure. In our satisfaction over the presence in the White
                                                                    responsibility to serve as vehicles for expression of a wide
 House of an individual who seems to have a healthy person
                                                                    variety of ideas in areas relating not only to government but
 ality, we cannot forget the need to continue the institutional
                                                               is   also to a broad scope of human concerns.
 changes begun in recent years. In our relief that the law
                                                                       Yet the ability of each of these institutions to now serve as
 once again being respected by our President, we cannot
                                                                    restraints on Presidential lack of accountability acquires an
 forget the dangers of an unrestrained and unaccountable
                                                                    importance unequaled in nearly two hundred years of dem
  P residency.
                                                                    ocratic government. The tests and upheavals of the past
     We can neither completely “Watergate-proof” nor
                                                                    decade dictate that each be given greater strength, not to
  “Vietnam-proof” our Presidency. But we can attempt to
                                                                    reduce legitimate Presidential power as retribution for past
  construct new institutional relationships that reduce the
                                                                    excesses but to reduce unaccountable Presidential power as a
  possibility of Presidential illegality. We can attempt to en
                                                             our    protection for our democracy.
  sure closer scrutiny of the personality and character of
                                                                       We will require strength in our Presidency, but no Piesi
  Presidents so that the likelihood of another Richard Nixon
                                                                    dent in the future should be able to use that strength to
  becoming President is lessened. Most importantly of all, we
                                                                    weaken our system of government. The risks of not acting
   can seek through all these means to restrain the exercise of
                                                                    now are great. As Richard Neustadt observed just before the
   unaccountable power so that the wisdom of the American
                                                                    resignation of Richard Nixon:
   experiment is once again given new meaning.
      Many public and private institutions must be strength
                                                                         We are now in a period of anti-political politics with
   ened. The Congress should employ its wide powers over a
                                                                      journalists and politicians playing to their own sense of
   broad range of domestic and international affairs as an active
                                 20                                                               21
a
                   The Accountability of Power
                                                      nts. ‘Wa
     successive, cumulative, public disillusionme
                                                          ended
     tergate feeds the mood. When such a period desc
     upon us in the early 50’s, we got Eisenhower
                                                      for Presi
                                                          heroes
                                                                                                          2
     dent, the hero above politics. Since we lack
     nowadays, the next time could be worse. Mor
                                                     eover, the
                                                        er. Wa
                                                                                      The Road to
     renewed constraints on Nixon cannot last forev
      tergate’s effects will wear off over time, perh
                                                      aps by his
                                                           1984.
                                                                                    the White House
      successor’s second term, taking us no further than
                                                    constraints
      As this occurs, the weakened state of old
                                                         beyond
      would be exposed once more. The parties gone                        The Presidency is not a prize to be won by mere glittering promises. It
                                                       ting, the
       recall, the Congress mortgaged to ticket split                     is not a commodity to be sold by high pressure salesmanship and
                                                         the de           national advertising. The Presidency is a most sacred trust and it
       cabinet frayed, by overlapping jurisdictions,                      ought not to be dealt with on any level other than an oppeal to reason
                                                   own style.
       pendence of all the rest on the President’s                        and humanity.
                                                                                                                         —Franklin D. Roosevelt
                                                          as when it
      This is a somber prediction, as frightening now                     I’m not an old experienced hand at politics. But I am now seasoned
                                                         t not if our     enough to have learned that the hardest thing about any political
    was first offered. It need not come to pass. It mus                   campaign is how to win without proving that you are unworthy of
                                                       which it will
    democracy is to survive the increasing strains to                     winning.
                                                    the tragedies of
    be subjected. And it will not if we insist that                                                                   —Adlaj Stevenson, 1956
                                                      gh the lessons
    recent years are given a redeeming value throu                      One of the most popular lines circulating in political
                                                     ry of our de
    they teach us as we begin the third centu                           Washington during 1975 was that the Democrats would be a
    m ocracy.                                                           sure thing to recapture the White House in 1976 if only they
                                                                        didn’t have to nominate a Presidential candidate. Unfortu
                                                                        nately for the Democrats, no one has yet come up with a way
                                                                        of getting around that necessity, and, if the experiences of
                                                                        1968 and 1972 are of any value, it may again prove to be a
                                                                        chief obstacle in their effort to defeat the Republicans in
                                                                        November. For reasons that few claim to fully understand,
                                    22                                                                     23

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Mondale the accountability_of_power_ch_1

  • 1. The Accountability of Power Toward a Responsible Presidency by Senator WALTER F. MONDALE David McKay Company, Inc. New York
  • 2. 1 The Presidency in Crisis The President of the United States is a man or a woman or whatever who is, like, picked by the people to lead the country. And they try to make the person almost perfect. because if a person is going to . . be the head of a country like the United Statesforfour years, he /ust has to lust about be perfect. —Twelve-year-old boy, interviewed by Fred Greenstein, 1970 I never questioned anything. I grew up during World War II and honestly thought that God was on our side, but I won’t be so naïve again and neither will my children. I have a four-year-old who watches the hearings and keeps asking if they are going to put the President in lail. —Mother of five, Westchester County, N. Y., interviewed in August 1973 Security guard Frank Wills could not have known it at the time, but on June 17, 1972, he helped end an age of juno cence for Americans. His discovery of a strip of tape on a door in a plush Washington office building known as Wa tergate led to disclosures of wrongdoing beyond anything that Americans had believed their Presidents were capable of undertaking. Watergate—and all it came to represent and 1
  • 3. The Accountability of Power The Presidency in Crisis symbolize—forced Americans to focus on the nature of the tailed Presidential legislative package had been developed, Presidency, which had been fashioned over history, and on which had greatly changed the relationship between Con the personalities of the Presidents who had held that office. gress and the Presidency in the President’s symbolic role in Since the Presidency of Franklin Roosevelt, Americans the formulation of legislative programs for the nation. But had become accustomed to the idea of a growing and ever Eisenhower in 1953 refrained from submitting a Presidential more powerful Presidency at the head of a growing and ever legislative program. The criticism was massive and the result more powerful federal government. Americans looked to was predictable. In 1954, he presented a package of his own their Presidents for moral leadership, a sense of direction in containing some sixty-five proposals for new legislation. As the formulation of public policy, and statesmanship in pro Richard Neustadt has noted, “Throughout, one theme was tecting America from continuing threats— real or imagined emphasized: here was a comprehensive and coordinated in —from overseas. Roosevelt had transformed both the expec ventory of the nation’s current legislative needs reflecting tations of the people toward their Presidents and the nature the President’s own judgments, choices and priorities in of the Presidential establishment itself. Fostered by a world every major area of Federal action.” Thus Eisenhower was war and then by the cold war, the development of nuclear forced by public demand to take the initiative in proposing a weapons and by the needs of a growing nation at home, comprehensive legislative package. Americans had become accustomed to the idea of Presiden That much of this legislative package was never adopted tial leadership on a scale never before exhibited in the his —indeed, was never seriously pursued by Eisenhower— tory of our republic. misses the point. The pressures of the Roosevelt legacy had The pull of a powerful Presidency became a dynamic impelled Eisenhower, an essentially passive successor, into relationship between those occupying the office and the the position of providing symbolic leadership. Americans institution itself. Those whose personalities welcomed expected their Presidents to provide this kind of leadership; greater Presidential power encouraged the development of and while some Presidents were pushed, most eagerly re an aggressive Presidency. And even those who began with sponded to and indeed helped create and encourage this limited conceptions of the role of the Presidency often came view of the Presidency. Indeed, this view of the Presidency to accept a broader view of Presidential power. as the preeminent source of national power and wisdom Dwight Eisenhower came to office in 1953 desiring a lim acquired ever-increasing strength throughout most of the ited Presidential role. Under Harry Truman, a yearly, de 1960s. Surrounded by weak institutions and encouraged by a 2 3
  • 4. The Accountability of Power The Presidency in Crisis public perception of the Presidency as the oniy institution The decline in Americans’ faith in all key institutions in capable of moving an often sluggish government, the esca the late 1960s and early 1970s, as measured by pollster Louis lation of Presidential power proceeded nearly unchecked. Harris, was astounding. In 1966,41 percent of the nation had Within a few years, this inflated sense of Presidential confidence in the executive branch of the government; by power, so dangerous in the long run to our democracy, 1973, the figure was down to 19 percent. Congress, the tripped over Vietnam and fell over Watergate. By the late Supreme Court, business and labor were also not spared from 1960s, with America engaged in a seemingly endless and this declining sense of confidence in our institutions. In just unwinnable land war in Asia, the people’s confidence in their one year—from 1972 to 1973—the ravages of Watergate on governmental institutions— and inevitably in the Presi the people’s faith in the institution of the Presidency became dency—had begun to erode. And just as Americans’ per evident. The University of Michigan Institute of Social ception of the inflated sense of the Presidential role had Science Research found that while in 1972, 41.4 percent of distorted reality, so the fall from grace was distorted and those questioned felt that the President was the branch of the magnified as well. government most often trusted to do what was right, by 1973 If Vietnam burst the bubble of Presidential ascendency the figure was down to 23.7 percent. Significantly, the same and omniscience, Watergate began a wholesale decline in survey indicated that slightly more of those questioned in Americans’ belief in the viability and honesty of their gov 1973 felt that the Presidency was the most powerful institu ernrnental institutions. The measures of this disillusionment tion in government—35.3 percent, as opposed to 33.6 per are many, and they are frightening. In 1960, 63.1 percent of cent in 1972. The American people seemed to realize that the nation’s electorate voted in the Presidential election; by the Presidency was powerful, indeed,that it was the most 1972, the figure was down to 55.6 percent. In a technique powerful institution in our governmental apparatus. And yet developed and used in eighteen countries by Cantril and Americans profoundly doubted whether this power was be Free to measure individuals’ faith in their nation’s achieve ing used properly—whether the Presidency was a vehicle for ments, the United States in 1971 became only the second the achievement of proper goals through proper means. nation—the Philippines in 1959 was the first—to judge that its Fundamental questions were being asked about the Pres present condition was worse than it had been five years idency, both by those who had supported and by those who before. had opposed the expansion of Presidential power. These 4 5
  • 5. The Accountability of Power The Presidency in Crisis questions posed a fundamental challenge to the strength of department, consists in giving to those who administer our governmental institutions. each department the necessary constitutional means and personal motives to resist encroachments of the While Americans in the early 1970s had serious cause to others Ambition must be made to counteract wonder about the acceptable boundaries of Presidential ambition. power, they certainly were not the First to ponder the prob 1cm. Indeed, no question had more absorbed the group of Basically, the framers decided that human nature was such talented revolutionaries meeting in 1787 to hammer out the that the occupants of public office must be subject to clear form of government for our new American nation. They restraints. If a public institution permits unrestrained accii— were deeply wary of the accumulation of power in any one mulations of power. they reasoned, the holder of that power institution of government, a fear fostered by the tyrannical might act in ways entirely inconsistent with the needs of the abuse of power under the King of England and by the inept public, the nation and the law. And it was therefore consid mismanagement by state legislatures during the Confedera ered necessary to divide power. to check it, and to require tion. Perhaps the classic statement of this fear—and of the those who exercised that power to explain its use and give solution for it—was Madison’s comment in Federalist Paper the American public a basic veto power in the form of No. 51: recurrent elections which could be conducted with a full understanding of the interplay and tension between the To what expedient, then, shall we finally resort, for branches of government. And this tension would help ensure maintaining in practice the necessary partition of that when disputes arose between the branches of govern power among the several departments, as laid down in ment they would be forced into public view, so that the the Constitution? . in order to lay a due foundation people would have the ability to sway the recalcitrant for that separate and distinct exercise of the different branch. By so transforming intragovernmental disputes into powers of government, which to a certain extent is public matters for discussion, the Constitution helped en admitted on all hands to be essential to the preservation sure public participation in the governing process. of liberty, it is evident that each department should The danger was not conceived to lie in a particular branch have a will of its own. . The great security against a . of government, but rather in the potential for the concen gradual concentration of the several powers in the same tration of excessive power in any branch. The fear was not of 6 7
  • 6. The Accountability of Power The Presidency in Crisis the exercise of power, but of the exercise of unaccountable logical base chose to overlook the ever-increasing ability of power. And the solution was not the deprivation of power the Presidency to dominate those other institutions inside from the federal government, but the separation of powers and outside government that might act as restraints on the which would make that power accountable. The questions unaccountable use of power in international dealings. Americans were asking in the late twentieth century were In 1944, Justice Jackson observed in the Korematsu case almost precisely those expressed in Philadelphia nearly two that “The chief restraint upon those who command the hundred years earlier. physical forces of the country in the future as in the past Had the power of the executive so outstripped the power must be their responsibility to the political judgments of of the other competing institutions in our government that their contemporaries and to the moral judgments of history.” there remained no means of restraining the arbitrary use of Unfortunately, by the middle 1960s, many of the institutions that power? And who was going to restrain the exercise of capable of rendering that political judgment had atrophied unaccountable power, if it was to be restrained at all? In so badly that only the moral judgments of history were acting deed, for many—including many previously committed sup as restraints on Presidential power. porters of the concept of expanding Presidential power—the Institutions which had traditionally shared power—most answers to those questions seemed to determine whether our notably, Congress and the political parties—seemed to have democratic institutions would survive the shocks they had broken down as effective checks. A bipartisan foreign policy suffered. Jefferson had warned that “the tyranny of the leg which had dominated so much of the post—World War II era islature is really the danger most to be feared and will con had contributed to this breakdown. By necessity or choice, tinue to be so for many years to come. The tyranny of the foreign policy had become the chief means for exercising executive power will come in its turn but at a more distant Presidential power. De Tocqueville’s prediction had been period.” His warning now seemed to have been realized, and fulfilled: “If the existence of the union were perpetually the Presidency had been thrown into crisis. threatened, if its chief interest were in daily connection with This crisis had been the result of an accumulation of power those of other powerful nations, the executive government begun first and most noticeably in foreign affairs. As Arthur would assume increased importance in proportion to the Schlesinger, Jr., observed, “The Imperial Presidency was measures expected of it and to those which it would essentially the creation of foreign policy.” execute.” For many years, a bipartisan coalition with a broad ideo Presidents discovered that foreign policy had many ad- 8 9
  • 7. The Accountability of Power The Presidency in Crisis vantages for a leader seeking to avoid true accountability. It power. Together we suffered as our blood and resources were can be intoxicating. The sweep and drama of diplomatic fruitlessly squandered in Southeast Asia. We came to see the initiatives, the need for only limited consultation, the ten Presidency no longer as the source of omniscience supported dency of Americans to rally behind Presidents in interna by the Pentagon’s computers, but as an office occupied by tional efforts during times of crisis, and the frequent absence mere mortals who could make serious mistakes. We came to of powerful opposing interest groups, so often preent in see the need for a Congress which challenged and questioned domestic affairs, enabled them to maintain secrecy and avoid executive leadership and asserted its powers under the laws real power-sharing. and the Constitution. Recent Presidents have concentrated heavily on foreign Then, just as the end of direct American military involve affairs. A number of White House aides of recent adminis ment in Vietnam concluded one national nightmare, we trations, interviewed by political scientist Thomas E. Cro began another. The use of secrecy and national security to ni estimated that the Presidents for whom they worked justify any action had been transferred from the foreign spent between 60 percent and two-thirds of their time ex policy arena and used against the American people. As the clusively concentrating on national security activities or late Stewart Alsop observed: “to transfer such secret service foreign policy crises. For Richard Nixon this seemed to come techniques on an obviously planned and organized basis to naturally, as his interests lay in the area of foreign policy. But the internal American political process is a genuinely terri the lure of foreign involvement consumed even Lyndon fying innovation. The Watergate scandal, it is clear, by now, Johnson, with his deep commitment to domestic improve is different—truly different, different in kind—from all the inent. His dreams for a more just and humane America were scandals that have preceded it in American history. It is this smothered in the jungles of Vietnam where over 55,000 difference that makes it so frightening.” American lives and $150 billion in American treasure were This “difference” meant use of the IRS, the CIA, the FBI lost. and the Department of Justice for corrupt ends designed to Yet the tragedy of Vietnam was not the tragedy of Presi subvert the political process and punish the enemies of the dents alone. Vietnam was a trauma begun in a spirit of Nixon Presidency. The “difference” meant deceit, perjury American omnipotence, a spirit that we could solve the and the cover-up of unlawful activity involving the President world’s problems and reshape much of the world in our own of the United States. It meant a full-scale attempt to destroy image. Only painfully did we learn the limits of American the integrity of the election process itself through the use of 10 11
  • 8. The Accountability of Power The Presidency in Crisis happen again. And we can prevent Presidential excess secret agents, the exaction of large corporate contributions without fundamentally weakening the much-needed power from major American companies with the expectation of of the Presidency. government favors, and the use of some of the funds so raised To learn from the ordeals of Vietnam and Watergate, to seek to destroy the credibility of honorable men seeking the nomination for President of the United States. however, we must analyze carefully their similarities and The catalog of Watergate horrors is seemingly endless. differences. Both Vietnam and Watergate have helped We could have lost our democracy. The Presidential men change Americans’ view of their Presidents and the Presi tality which bred Watergate also led to the illegal im dency. Americans have awakened to the need for institu poundment of huge sums of congressionally appropriated tional change if such tragedies are to be avoided in the hinds to frustrate policy objectives adopted by the Congress; future. Yet each—while reflecting in part the high price we a campaign of media harassment and intimidation beyond pay for unaccountable Presidential conduct—occurred in a anything seen before; and the rejection by the President of different environment, and from each we must learn impor the role of his own political party in any meaningful way tant lessons. during the election of 1972. It bred contempt for the Amer The disastrous consequences of American involvement in ican people and our institutions and shattered the trust of the the Vietnamese War destroyed both the notion of American American people. omnipotence and the concept of Presidential omniscience. It was the product of a belief in Presidential authority and How had this all happened? How had the American peo competence in the area of foreign affairs accumulated over ple, the Congress, the parties, the media, indeed virtually all two decades. Following World War II and the Korean War, our American institutions permitted these tragedies to oc following the “loss” of China and the spread of communism cur? That American involvement in the war in Vietnam was in Eastern Europe, we became increasingly willing to defer ended, that Watergate was discovered and dealt with effec to Presidents, to assume that Presidents knew, or could know, all the facts and knew how best to deal with them. tively by these same institutions should give us some com fort. Yet the inability of these institutions to check arbitrary There was deception by Presidents Johnson and Nixon Presidential behavior at the outset must be fully explored concerning their Vietnam policies. Both concealed from the and understood. For unless we deal effectively with the American people their true intentions and plans regarding Vietnam. In April of 1965, when the first large-scale escala causes of these Presidential excesses, we may well see them 12 13 I
  • 9. The Accountability of Power The Presidency in Crisis 20,000 tion of the war occurred with the introduction of it is true that the Pentagon Papers reveal a Presidential wrote in troops into Vietnam, a top advisor to the President strategy at odds with what the Congress and the American President an internal and secret memorandum that “the people were being told. But the unavoidable fact js that the possible desires that premature publicity be avoided by all main outline and realities of the war in Vietnam were obvi precautions. The actions themselves should be taken as rap ous for all to see. The war in Vietnam was the best-reported the idly as practicable but in ways that should minimize war in American history. Whatever deception may have appearance of sudden changes in policy. The President’s been attempted, the American people—and the Congress— un desire is that these movements and changes should be were able to see the destruction of innocent lives, the burn exist derstood as being gradual and wholly consistent with ing of villages, the entire gamut of physical and psychologi the Gulf of ing policy.” Following closely on the heels of cal warfare from the comfort of their easy chairs. We in the of Tonkin resolution_approved by the Congress on the basis Congress knew what we were doing when we regularly continued dubious information_this policy of secrecy was voted continuing appropriations for American troop in throughout the prosecution of the war in Vietnam. volvement in Vietnam. The American people knew what In 1968, the people narrowly chose Richard Nixon to b tens of billions of their tax dollars were paying for each year. President on the basis of his promises to bring the war to an We knew, and yet for too long we were willing to pay the in Cam end. Less than one year later, secret bombing raids price. We knew what was happening, but we somehow were bodia began, and more than 100,000 tons of bombs thought we could win, that we could “tough it out.” We dropped in 3,500 sorties. In fact, PentagGn figures show didn’t and we couldn’t, and as a society we paid a high price. Indochina about 3 million tons of bombs were dropped in Vietnam’s costs went beyond even its terrible toll in lives and during the first three years of the Nixon Presidency, more money. It provoked a confrontation between generations Lyn than had been dropped during the three final years of and poisoned American politics. It was a tragedy caused by bombings don Johnson’s Presidency. Along with the secret the nearly unquestioned dominance of Presidential asser areas of came a continued expansion of the war into other tions of power in foreign affairs, the weakness of congres Indochina and the loss of over 15,000 American lives in the sional dissent, and the illusion—widely shared by Americans years 1969 through 1972. —of the limitless nature of American power, resources and mislead It is true that Congress may have been provided wisdom. resolution. And ing information to justify the Gulf of Tonkin Watergate was fundamentally different, and yet shared 14 15 L
  • 10. The Presidency in Crisis The Accountability of Power in the escalation of the war in Vietnam and the imprint it left l excess. The war in many common elements of Presidentia on American society. Yet he inherited involvemeit in the Watergate was not, at Vietnam was knowable to everyone; war from other Presidents, and was encouraged in his esca ate was not a tragedy of least at first. The tragedy of Waterg lations by an American public which wanted American vision of Presidential American miscalculation, led by a involvement and a Congress basically responding to that Rather, in its broadest power which had outgrown reality. desire. Without public support, there might have been less fundamentally lacked scope, it was the tragedy of men who congressional willingness to go along with American policy. es which governed respect for the system of American valu With a strong Congress able to help lead public opinion, we many other govern our history and used the weakness of might have shown the American public earlier the tragic mpt to change the mental institutions as an excuse to atte consequences of our Vietnam involvement. With a different nature of those institutions. Presidential personality, there might have been less of a e not responding The men of the Nixon White House wer desire to attempt to show America’s ability to police the attempt to imprint to a public which seemed eager to world. But if the public had been more strongly opposed to n. They were iii— American involvement in a foreign natio the war, even johnson or Nixon might have relented far n of a society in which stead responding to their own visio earlier than they did. which the powers of individual freedoms were cheapened, in So, too, the mixture of personality institutions and public garded, in which the the Congress were systematically disre opinion is complex even with Watergate. With a man dif media were treated as parties were ignored, and in which the ferent from Richard Nixon_witIoit his distrust of the media, weakness of the insti objects for intimidation. And yet the of the Congress, of the parties and even of the con have played a part in tutions surrounding these men must stitutional systemwatergate probably never would have giving them the sense of security nee ded to undertake the occurred. Yet even with Nixon, had there been a vigorous rtook. massive violations of law that they unde Congress checking many of the early excesses of his admin damentally different in Vietnam and Vatergate were fun istration. he might have been restrained in his unaccountable t, and in their effects on our their origins, in their developmen assertions of power. plex interplay between society. Yet both showed the com Even with Richard Nixon in office, had the American al strength and public Presidential personality, institution public reacted more strongly and sviftly after ‘Watergate opinion which marks our politics. disclosures began to be knowfl in mid-1972, the grievous was clearly important The personality of Lyndon Johnson 17 16 L
  • 11. The Accountability of Power The Presidency in Crisis half before the dents and other bodies in our society and by changing the damage done to our country in the year and a An earlier ways that Americans examine the character and personality President resigned might have been lessened. Presidential resignation would have accomplished much. of those persons who wish to lead the nation. We must see and public that both the reform of institutions and the changes in the Again, the blend of personality, institutions therefore, in way we look at Presidential character must be more than opinion is inseparable. The challenge we face, passing phenomena. We cannot forget Watergate and Viet the wake of Vietnam and Watergate is complex. and the nam, and we cannot allow the resignation of a President to We must elect Presidents who respect the law We must end our search for ways to avoid their repetition. other institutions which surround the Presidency. their Since Gerald Ford has become President, our memories of strengthen those institutions in ways which increase effectiveness and their ability to check unaccountable Pres Vietnam and Watergate have faded. The “Imperial Presi aware of the dency,” we are told, is a creature of the past, unlikely to be idential power. And as Americans we must be of the need repeated. Without doubt, the Ford personality is far more importance of a restrained yet strong Presidency, while open and accountable than is Richard Nixon’s. Without for Presidents who respect the need for accountability the need for a doubt, the Congress has continued to reassert its institutional asserting the valid powers of their office, and of will check prerogatives under President Ford, though not always as Congress, parties and media which can and otherwise unaccountable Presidential conduct. vigorously as many of us would hope. Without doubt, Presi dent Ford has used the Cabinet more than many of his role of the predecessors and in most instances has been fair in his The task we face is clear: to redefine the the importance of Presidential dealings with the media. Presidency to acknowledge power, but to insist on the greater importance of account Gerald Ford has once again proven the powerful influence of the of a President’s personality on that office. Ironically, though able Presidential power. The “end of innocence” out to be a he was not elected, Gerald Ford has shown the enormous American people with their Presidents can turn as Lord Acton value of electing Presidents who are healthy emotionally. healthy development by allowing us all to see, that the office Yet even he granted an unconditional pardon to Richard saw, that “there is no worse heresy than Nixon, an act taken with little consultation and very little sanctifies the holder of it.” the re perception of the public reaction to its enormous signifi This restraint can be accomplished only through our Presi cance. form of the institutional relationships between 18 19 -J
  • 12. The Accountability of Power The Presidency in Crisis force in helping shape American government; it should not Presidential personality giveth and Presidential personal merely react to Presidential uses of that governmental ap ity can taketh away. And we should therefore not assume paratus. The Cabinet’s role as Presidential advisors should that our problems with Presidential overreachings can be not preclude the exercise by Cabinet officers of creative solved if we only have the right person in the office. leadership of the departments whose functions they oversee. Those who believe that we need only elect “good people” The role of the political parties is crucial to restrain runaway and that the institutions and public awareness will take care Presidents and to focus and channel the feelings of Ameri of themselves overlook the damage to our institutions which cans about their government. The media’s importance in another prolonged period of institutional neglect could en forcing Presidents to face reality cannot overshadow their sure. In our satisfaction over the presence in the White responsibility to serve as vehicles for expression of a wide House of an individual who seems to have a healthy person variety of ideas in areas relating not only to government but ality, we cannot forget the need to continue the institutional is also to a broad scope of human concerns. changes begun in recent years. In our relief that the law Yet the ability of each of these institutions to now serve as once again being respected by our President, we cannot restraints on Presidential lack of accountability acquires an forget the dangers of an unrestrained and unaccountable importance unequaled in nearly two hundred years of dem P residency. ocratic government. The tests and upheavals of the past We can neither completely “Watergate-proof” nor decade dictate that each be given greater strength, not to “Vietnam-proof” our Presidency. But we can attempt to reduce legitimate Presidential power as retribution for past construct new institutional relationships that reduce the excesses but to reduce unaccountable Presidential power as a possibility of Presidential illegality. We can attempt to en our protection for our democracy. sure closer scrutiny of the personality and character of We will require strength in our Presidency, but no Piesi Presidents so that the likelihood of another Richard Nixon dent in the future should be able to use that strength to becoming President is lessened. Most importantly of all, we weaken our system of government. The risks of not acting can seek through all these means to restrain the exercise of now are great. As Richard Neustadt observed just before the unaccountable power so that the wisdom of the American resignation of Richard Nixon: experiment is once again given new meaning. Many public and private institutions must be strength We are now in a period of anti-political politics with ened. The Congress should employ its wide powers over a journalists and politicians playing to their own sense of broad range of domestic and international affairs as an active 20 21
  • 13. a The Accountability of Power nts. ‘Wa successive, cumulative, public disillusionme ended tergate feeds the mood. When such a period desc upon us in the early 50’s, we got Eisenhower for Presi heroes 2 dent, the hero above politics. Since we lack nowadays, the next time could be worse. Mor eover, the er. Wa The Road to renewed constraints on Nixon cannot last forev tergate’s effects will wear off over time, perh aps by his 1984. the White House successor’s second term, taking us no further than constraints As this occurs, the weakened state of old beyond would be exposed once more. The parties gone The Presidency is not a prize to be won by mere glittering promises. It ting, the recall, the Congress mortgaged to ticket split is not a commodity to be sold by high pressure salesmanship and the de national advertising. The Presidency is a most sacred trust and it cabinet frayed, by overlapping jurisdictions, ought not to be dealt with on any level other than an oppeal to reason own style. pendence of all the rest on the President’s and humanity. —Franklin D. Roosevelt as when it This is a somber prediction, as frightening now I’m not an old experienced hand at politics. But I am now seasoned t not if our enough to have learned that the hardest thing about any political was first offered. It need not come to pass. It mus campaign is how to win without proving that you are unworthy of which it will democracy is to survive the increasing strains to winning. the tragedies of be subjected. And it will not if we insist that —Adlaj Stevenson, 1956 gh the lessons recent years are given a redeeming value throu One of the most popular lines circulating in political ry of our de they teach us as we begin the third centu Washington during 1975 was that the Democrats would be a m ocracy. sure thing to recapture the White House in 1976 if only they didn’t have to nominate a Presidential candidate. Unfortu nately for the Democrats, no one has yet come up with a way of getting around that necessity, and, if the experiences of 1968 and 1972 are of any value, it may again prove to be a chief obstacle in their effort to defeat the Republicans in November. For reasons that few claim to fully understand, 22 23