Unchecked Power: The Looming Threat of a Presidential Dictatorship
Vulnerabilities in the American political system and increase the potential risks of a charismatic dictator rising to power.
The Facts:
The office of the President of the United States has long been a coveted position, with the country’s founders initially considering grand titles such as “His Elective Majesty” or “His Highness, the President of the United States and Protector of their Liberties.” However, the House of Representatives ultimately rejected these grandiose appellations, and George Washington opted for a more modest approach to dispel any claims of monarchical ambitions. As Washington himself stated, “I had rather be on my farm than be emperor of the world.”
Despite these efforts, the accusation of the president harboring dictatorial tendencies has persisted, with various novelists, imagining the overthrow of American democracy by a charismatic dictator, such as President Buzz Windrip in Sinclair Lewis’s “It Can’t Happen Here, “Charles Lindbergh in Philip Roth’s “The Plot Against America,” and Nehemiah Scudder in Robert Heinlein’s “If This Goes On,” a more recent fictionalization where a preacher from the backwoods wins the election and subsequently cancels the next one. As one former Trump administration cabinet secretary observed, “The constitution works because it’s employed with rules and norms that we all abide by.” However, the former president, Donald Trump, has been accused of eroding these rules and norms, making him “a threat to democracy as we know it.” Trump himself has entertained the idea of becoming a dictator, stating, “You can’t have a president without immunity.”
As the November 2024 Presidential election draws near, it is not just novelists who are imagining similar scenarios. Democrats view Donald Trump as a would-be tyrant due to his attempts to remain in office after losing the 2020 election, while Trump claims that Biden is a usurper who is trying to destroy American democracy.
It is extremely clear that power of the presidency has vastly increased over time, with the federal government growing from a handful of cabinet members to over 2.5 million employees by the end of World War II, all while the legal constraints have not grown proportionally. There have been only two significant constitutional amendments that might curb a president running amok: the 22nd Amendment (limiting presidents to two terms) and the 25th Amendment (regarding presidential incapacity). In recent times the 2020 election and its aftermath have fueled concerns about the fragility of American democracy.
The US has been somewhat “dictator-proof” not because of the constitution, but despite it. Copying the US system has not prevented authoritarianism in other countries. While other countries have adopted replicas of America’s constitution, they have often failed to prevent tyrants from seizing power. For instance, in the 19th century, Latin American republics copied the constitutional template, but their democracies were overthrown by armed individuals. Similarly, in the 20th century, the Philippines adopted America’s constitution, yet Ferdinand Marcos undermined democracy and ruled as a strongman for over two decades.
The Supreme Court is currently weighing the question of when and under what circumstances a president can be prosecuted, with some justices seemingly inclined to accept Trump’s view that a president is immune from prosecution while performing their official duties. This raises concerns about the potential for a determined and administratively dexterous leader to undermine the constitution and subvert American democracy. The Founders did not anticipate the rise of partisanship, which has weakened the impeachment process as a check on presidential power. Additionally, the president has been granted various statutory powers, including the ability to declare national emergencies, which can be used to freeze Americans’ bank accounts, shut down the internet, and justify other drastic measures. These emergency powers have been increasingly exploited by presidents to circumvent the legislative process, with both Trump and Biden utilizing them for their own policy goals. The Brennan Center has identified 135 statutory powers that accrue to the president when he declares a national emergency, some of which can be used even when the threat to the nation is remote.
Despite the concerns, nothing like the dictatorships imagined by novelists has happened in the United States, largely due to the fact that no one like the fictional dictators has been elected president. The constitution, the independent courts, the diffuse press, and the military’s determination to stay out of politics have been important restraints on presidential power. However, these restraints depend on democratic habits and norms rather than just what is written in the law, and these norms can change over time.
The View:
The American presidency has long been a source of concern, with the potential for a charismatic dictator to seize power and undermine the very foundations of democracy. This is not merely the stuff of fiction, as the events surrounding the 2020 election have demonstrated. The former president’s attempts to overturn the results and his musings about becoming a dictator have laid bare the vulnerabilities of the American system.
The notion that the president is immune from prosecution while performing their official duties is particularly troubling. If this view is upheld by the Supreme Court, it would effectively place the president above the law, undermining the very principles of accountability and the rule of law that are essential to a healthy democracy. The constitution, while a remarkable document, is not as dictator-proof as many have believed. The rise of partisanship has hollowed out the impeachment process, rendering it an ineffective check on presidential power. The most explicit check on the president, impeachment, has not worked to remove a president from office, and the legal system’s capacity to limit presidential power is uncertain.
Moreover, the various statutory powers granted to the president, including the ability to declare national emergencies and deploy the military under the Insurrection Act, provide a concerning escape hatch for a determined and malicious leader to subvert the democratic process. Presidents have access to a significant number of statutory powers that can be used in times of emergency, which they have sometimes exploited to bypass legislative constraints. Ultimately, the American system’s reliance on democratic norms and habits, rather than explicit constitutional safeguards, is a cause for deep concern. As the people in office change, so too can these norms, leaving the constitution and the courts as a tenuous backstop against the rise of authoritarianism.
The sobering reality is that America is not as dictator-proof as many have believed. The actions of the former president, and the willingness of his party to accept his transgressions, have exposed the fragility of American democracy. It is time for a critical examination of the system and a renewed commitment to strengthening the institutions and safeguards that protect against the subversion of democratic rule.
TLDR:
- The American presidency has long been a coveted position, with concerns about the potential for a charismatic dictator to seize power.
- Novelists have imagined scenarios of the overthrow of American democracy, and these concerns have resurfaced in recent times.
- The power of the presidency has vastly increased over time, while the legal constraints have not grown proportionally.
- The 22nd and 25th Amendments are the only significant constitutional amendments that might curb a president running amok.
- The Supreme Court is weighing the question of when and under what circumstances a president can be prosecuted, raising concerns about the potential for a determined leader to undermine the constitution.
- The rise of partisanship has weakened the impeachment process as a check on presidential power.
- The president has been granted various statutory powers, including the ability to declare national emergencies, which can be used to circumvent the legislative process.
- The constitution, the independent courts, the diffuse press, and the military’s determination to stay out of politics have been important restraints on presidential power, but these depend on democratic habits and norms.
- The actions of the former president Donald Trump and the willingness of his party to accept his transgressions have exposed the fragility of American democracy, and a critical examination of the system is necessary.
