In the fabric of the American Republic, woven with the threads of liberty, checks and balances, and separation of powers, there appears a concerning pattern: the gradual aggrandizement of presidential power. This trend, marked by the expansion of executive branch agencies and the proliferation of executive orders, echoes a drift towards a modern quasi-monarchy, contrary to the principles espoused by the Founding Fathers, particularly James Madison and Thomas Jefferson. This article endeavors to explore this phenomenon, grounding our analysis in the original intent of the Constitution as articulated in the Federalist Papers and the spirited debates of the Anti-Federalists.

The Foundational Blueprint

James Madison, in Federalist No. 47, warned of the concentration of power as the very definition of tyranny.

The Constitution meticulously designed a government of enumerated powers, with Article II outlining a restrained executive branch, intended more as the nation’s administrator than its ruler. Thomas Jefferson, advocating for a minimal government footprint, emphasized the importance of constraining executive authority to prevent the rise of a despot.

A Shadow Government

Since the early 20th century, there has been a significant expansion in executive branch agencies, effectively creating a “fourth branch” of government. This proliferation has shifted a considerable amount of power to the President, overseeing a vast administrative state. Agencies like the Environmental Protection Agency (EPA) and the Department of Homeland Security (DHS) wield significant regulatory power, often with little direct oversight from Congress.

Since 1945, the number of executive branch agencies has doubled, with notable additions like the Department of Homeland Security (2002) and the Environmental Protection Agency (1970). The executive branch currently employs about 2.1 million civilians. This expansion dilutes the principle of separation of powers, as the executive branch encroaches upon the legislative and judicial domains.

Governing by Fiat

The utilization of executive orders has morphed into a mechanism for circumventing the legislative branch, positioning Presidents to govern unilaterally in a manner reminiscent of fiat rule. The Constitution vests the President with the responsibility to ensure the faithful execution of laws, yet it stops short of endowing legislative powers. Originally conceived as instruments for the internal administration of the federal government, executive orders are increasingly deployed to introduce significant policy shifts and regulatory measures—domains traditionally reserved for Congressional action. This evolution in their use erodes the foundations of democratic governance and disrupts the Constitution’s carefully balanced system of checks and balances, nudging the executive role perilously close to a monarchical status.

Illustrative Cases of Executive Fiat

• Franklin D. Roosevelt’s New Deal: Roosevelt’s extensive use of executive orders to implement the New Deal programs significantly augmented federal authority, demonstrating an early and profound shift towards executive-centric governance. These orders, although aimed at combating the economic ravages of the Great Depression, effectively sidestepped Congressional deliberation.
• Harry Truman and the Steel Mills: Truman’s Executive Order 10340 to seize steel mills during the Korean War is a stark example of executive overreach. The Supreme Court’s rebuke in Youngstown Sheet & Tube Co. v. Sawyer underscored the limits of presidential power, highlighting the risk of executive actions that venture into legislative territory.
• Barack Obama’s DACA: Faced with Congressional inaction on immigration, Obama’s Deferred Action for Childhood Arrivals (DACA) policy reshaped immigration enforcement through executive action. Critics argue that DACA, while addressing a pressing social issue, bypassed legislative routes, placing policy-making directly in the hands of the executive.

The Dangers of a Quasi-Monarchy

The drift towards a quasi-monarchy under the guise of executive efficiency poses grave risks to individual liberty and the Republic’s foundation. As Madison articulated in Federalist No. 51, the accumulation of all powers in the same hands is the very definition of tyranny. The overreach of executive power, through the expansion of agencies and misuse of executive orders, threatens the balance of powers essential for the protection of citizens’ rights and freedoms.

The Call for a Return to First Principles

To address this drift towards executive overreach, a concerted effort to return to the Constitution’s original principles is imperative. This includes:

• Congressional Reassertion: The legislative branch must reclaim its powers as the primary law-making body, including reining in the executive’s ability to create law through agencies and executive orders.
• Judicial Oversight: The courts must vigorously exercise judicial review to ensure executive actions and agency regulations conform to the Constitution.
• Civic Engagement: Citizens must remain vigilant, knowledgeable, and engaged, holding their elected officials accountable for adhering to constitutional principles.

Conclusion

The specter of a quasi-monarchical presidency, marked by the unchecked expansion of executive power, is anathema to the Republic’s founding ideals. The Constitution, with its emphasis on limited government, separation of powers, and checks and balances, provides the blueprint for correcting this drift. By adhering to the wisdom of Madison, Jefferson, and their contemporaries, we can ensure that the presidency remains a position of public service, not sovereign rule. It is our collective responsibility to safeguard the Republic’s integrity, ensuring that government of the people, by the people, for the people, shall not perish from the earth.

 

Peter Serefine is a Patriot Academy Constitution Coach, Instructor for Institute on the Constitution, Author, Navy Veteran, and PA State Constable

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