Transcript
Ken Burns (0:00)
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Fareed Zakaria (0:32)
This is GPS, the global public Square. Welcome to all of you in the United States and around the world. I'm Fareed Zakaria coming to you from New York. Today on the program A closer look at American Democracy. The second president, John Adams, warned that it never lasts long, and today many observers worry about the present and future of American democracy. We will get insights from Walter Isaacson, who has written a book about the most important sentence in the Declaration of Independence from Ken Burns, who has released a magnificent documentary about the American Revolution. It was fought in hundreds of places, from the forests of Quebec to the back country of Georgia and the Carolinas.
Ken Burns (1:24)
From the rough seas off England, France.
Fareed Zakaria (1:27)
And in the Caribbean to the towns.
Ken Burns (1:30)
And orchards of Indian country.
Fareed Zakaria (1:33)
Beverly Gage of Yale about the Gilded Age in America, when democracy's future was also at risk. But first, here's my take. In a conversation with a friend originally from Pakistan, I lamented that country's recent decision to give its head of army expanded powers, including lifetime immunity from legal prosecution. My friend replied, we're just following in America's footsteps. Didn't your Supreme Court rule that the president could kill his political opponent and yet be immune from prosecution? Welcome to America's new democratic export, the unchecked executive. If America's Founding fathers were to come back and look at their legacy, what would stun them, without a doubt, is the modern presidency. They designed the American political system explicitly to fragment power. They were reacting against a monarch and the accumulation of all powers in the same hands. That's a quote from Federalist 47. They purposefully conceived of a decentralized and restrained executive described in the notably brief Article 2. The presidency was an office for faithfully executing the laws bounded by carefully constructed checks from the legislature and the judiciary. Congress, by contrast, was named the first branch of government invested with the lion's share of authority, the powers to tax, spend, declare war, and regulate commerce. James Madison, the de facto author of the Constitution, explicitly acknowledged this fact in Federalist 51, writing that in Republican government, the legislative authority necessarily predominates. Even Alexander Hamilton, often thought to have urged an imperial presidency, in fact believed strongly that the president had few monarchical powers. In Federalist 69, he contrasts the British king with the American president, saying the latter is elected for merely a four year term and is amenable to personal punishment and disgrace race. He adds that Congress, and not the president, had been given the powers to provide advice and consent on treaties, declare war, and raise an army. The reason the president's foreign policy powers are mostly limited to military command, he explains in Federalist 75, is that an avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement by the aid of a foreign power, the price of his treachery to his constituents. Yet by the 1960s this finely tuned mechanism had clearly seized up. Wars, economic crises, and the media's tendency to nationalize and centralize attention created a one way ratchet, forever increasing unchecked presidential power. This dramatic imbalance culminated in the constitutional crises of the Vietnam War and Watergate. And in the 1970s Congress, finally energized by bipartisan outrage, passed a series of laws designed to rein in executive excess. For example, the Inspector General act of 1978 created a cadre of internal watchdogs to root out waste and fraud in departments premised on the understanding that they would be protected by from political retaliation. The whole set of restraints didn't work. While Congress established the legal mechanisms for control, for example regarding war powers, it lacked the collective political will to hold the president to them. Furthermore, after 911 War on Terror resolutions effectively nullified these restraints, all but giving presidents carte blanche for the use of military force. Beyond laws. After Nixon, both parties had agreed to a set of powerful norms, for example firewalling the Justice Department from the White House. One principle established that the president should not direct the attorney general to investigate or prosecute specific individuals. Additionally, presidents voluntarily released their tax returns and placed assets in blind trusts, financial transparency designed to assure the public that the commander in chief was not profiting from the office. The Trump administration has shredded these constraints. Even worse, the most egregious violations have been sanctified by the Supreme Court based on the bizarre unitary executive theory. This once fringe legal doctrine asserts that a terse phrase in Article 2 somehow grants the president unrestricted authority over the executive branch, even though Congress has been explicitly given the power of the purse and can use it to create agencies and departments, determine their structure and functions, and direct where its funds be spent. The president has virtually unlimited powers under this interpretation to run those agencies, even when he violates specific congressional intent. This expansion of executive power has culminated in the court's 2024 decision in Trump v. United States, in which the court held that the president' enjoy absolute immunity for actions within their core constitutional powers and presumptive immunity at a minimum for all other official acts. In a blistering dissent, Justice Sonia Sotomayor noted that under this standard, a president could arguably order SEAL Team 6 to assassinate a political rival and be shielded from criminal liability, provided the order was given through official channels. The American presidency has journeyed from a modest, constitutionally constrained office to a super presidency that commands total attention and power. Donald Trump has pushed these powers to the utmost, but he has been enabled by a failure of political courage in Congress and an ideological Supreme Court that seems to have lost any respect for original intent and precedent. The result is a structural asymmetry where the first branch of government is now the weakest and the Supreme Court is a rubber stamp. The court does have a chance to stop this accumulation of power by asserting what they plainly know is true that the president can't just declare national emergencies at will to place and remove tariffs unilaterally. If not, the American presidency will become for the world not an example of limited constitutional government, but rather of a modern dictatorship wielding far more unbridled power than George III did when the Founding Fathers rebelled against him 250 years ago. Go to fareedzakhariya.com for a link to my Washington Post column this week. Coming up on gps, we'll dig into different aspects of democracy in America and around the world, starting with the revolutionary idea that begat an revolution that men are endowed with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
