Presidential Power Grabs: Their Causes and Cure | Bruce Ackerman

Presidential Power Grabs: Their Causes and Cure | Bruce Ackerman

The president's new round of executive orders is generating
another cycle of debate over the imperial presidency. Just as Senator
Obama condemned President Bush for overreaching, Republican leaders are
denouncing present initiatives as lawless. On both occasions, some of
these charges were substantial; and some were merely partisan sound
bites. Is there a good way for ordinary Americans to tell which is
which?

The answer is no, but it wasn't always that way.

Until
Richard Nixon entered the White House, long-time professionals in the
Justice Department played a central role in providing solid legal advice
to the executive.

But when Nixon appointed John Dean as his White
House counsel, this up-and-comer broke with precedent and created a
small legal staff in the White House to provide independent advice to
the president. This group has grown to include about 30 outstanding
lawyers -- but all gain their jobs through political connections. This
is also increasingly true of the 25 lawyers who serve in the Office of
Legal Counsel, a special division of the Justice Department that
continues its traditional advisory role.