Briefly Noted: That “Office of the President-Elect” Thing is a Disgrace (cf. Federalist 70)

This is a rant. Do I think anything bad will actually happen because of this stupid office? Not really. Do I think it is a good thing? NO.

I'm not saying this to be anti-Obama. He will be my President, and I'm happy to have a President.  Furthermore, this terrible idea of an "Office of the President-Elect" has been around a while - he's only using what's already there. But the overly fawning media coverage, coupled with his high-sounding rhetoric - I mean, it was bad before, but now it looks like people really do think this guy is the Messiah - has led to what I suspect is the first real violation of Constitutional form.

It's one thing for the "Office" to be there, it's another to use it like the way he's doing now, as if he's been inaugurated already and his mandate comes with no qualifications. There's a big difference between making a transition and seeming to be the Emperor of the Universe.

Remember all those arguments back in US history class the Founders made? The ones about the Executive power not being divided, since when you had multiple executives you had chaos?

That's what we have now, except there isn't much chaos. All I see is lots of attention favoring one man: Barack Obama. He can stand up there and say everything he likes and talk about "transition" and gloat about his team. Meanwhile, the Bush administration has to do the actual work of day-to-day governing. Obama can simultaneously reject their policies vocally, strike what he thinks are insider deals with other foreign leaders and undermine the day-to-day work, and get all the benefits from a White House that has said it wants to make the transition smoothly.

You might say: "So what, President Bush isn't being treated fairly." If that were all that was the case, I wouldn't be speaking about this. The issue is that Barack Obama is more powerful right now because he's doing damage to the Presidency generally, and this will cost even him down the road. Let's look quickly at Federalist 70.

Hamilton establishes that "energy in the executive" is a good thing -

It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.

Now if you want "energy," the executive needs to have "unity." "Decision, activity, secrecy, and dispatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number." I think you can see how the mere office of a President-elect makes every decision questionable; promotes "activity" counter to the activity currently necessary; endangers "secrecy" (everything you need to tell the President-elect so he can do his job later is liable to slip). "Dispatch" is the only thing not harmed because President-elect Obama is all talk and "change.gov" right now.

Hamilton goes on to describe how "unity" can be destroyed:

This unity may be destroyed in two ways: either by vesting the power in two or more magistrates of equal dignity and authority; or by vesting it ostensibly in one man, subject, in whole or in part, to the control and co-operation of others, in the capacity of counsellors to him. Of the first, the two Consuls of Rome may serve as an example....The Roman history records many instances of mischiefs to the republic from the dissensions between the Consuls, and between the military Tribunes, who were at times substituted for the Consuls. But it gives us no specimens of any peculiar advantages derived to the state from the circumstance of the plurality of those magistrates. That the dissensions between them were not more frequent or more fatal, is a matter of astonishment, until we advert to the singular position in which the republic was almost continually placed, and to the prudent policy pointed out by the circumstances of the state, and pursued by the Consuls, of making a division of the government between them. The patricians engaged in a perpetual struggle with the plebeians for the preservation of their ancient authorities and dignities; the Consuls, who were generally chosen out of the former body, were commonly united by the personal interest they had in the defense of the privileges of their order.

It's always worth it to go back to the Federalist. The strongest argument on the surface is that an "Office of the President-Elect" attacks the Presidency itself. I think given the rhetorical nature of the Presidency today, the "Office of the President-Elect" might as well be the President.

So why can't we have two "Consuls," perhaps one to be all rhetoric and one to actually do stuff? The issue is that having two executives is giving not merely a faction, or two factions, but factional warfare itself the supreme power. The only reason why ancient Rome didn't tear itself apart immediately was that the Consuls were cut from the exact same cloth. The only reason why we're not tearing ourselves apart, perhaps, is that a Harvard MBA and a Harvard Law grad hold the position of current and future President, respectively.

But try this stunt with people who have real grievances against each other and you're asking for someone, as they make the transition, to do very subversive things and exacerbate tensions between the rest of us to fever pitch. The real issue with a divided Executive is that it tells us that we don't have to be united as a people, the result of the vote and our adherence to laws do not matter.

I need to be clear here: I don't think the American people are going to break laws or commit vote fraud because of this "Office of the President-elect." I do think a few very ambitious people within the government are going to try and find new ways to attack the powers of other branches and grab power for themselves. None of this would be bad, even, if it weren't for the fact that properly balancing them out is an issue - as we've noted, the precedent is for one guy to take all the credit and another to do all the work, and that's not a stable balance.

The damage that's being done here, to be most exact, is this: unless Obama's Messiah image continues, the Presidency alone does not have the ability to unite us formally like it needs to. If his image slips a little bit, all those romanticized and glorified members of his "team" in the past few days will be looked at as representing factions we find ourselves closer to. It is possible to undermine yourself by creating rivals within your own cabinet and party you don't need. Given that Obama's stance on FISA is out of lockstep with the netroots, and his NAFTA and campaign finance positions might also be potential sources of conflict, the division of the Executive his newfound office promotes is not a good precedent.

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9 Comments

  • ok…i didn’t read the whole thing.

    but as for the media cov­er­age, the major­ity of amer­i­cans don’t like bush. peo­ple want the media cov­er­age on obama.

    and while it’s a lot of hype, i think you are overex­ag­ger­at­ing a LOT. the only stuff i’ve heard is stuff that it’s good to sort out before you take office. ie brief­ings on…stuff, cab­i­net mem­bers etcetc. my other the­ory would be is that peo­ple are really start­ing to freak about the econ­omy. in ohio, it’s just start­ing to really sink in. the gen­eral thought is that bush will do the whole lame duck thing so obama has to get his act together on the econ­omy now to try to imme­di­ately start enact­ing things once sworn in. it’s the econ­omy that won this elec­tion and it’s going to keep the media focused on him.

    besides the fact that he’s awesome…

  • Navigator7 wrote:

    Sarah nails it!

    ROTFLMAO.

    The Mes­siah has accom­plished less than nearly any politi­cian ever in the his­tory of Amer­ica!
    Every one of his ideas require pro­duc­tive Amer­i­cans to work harder and pro­duce more just to stay at what­ever level they were.

    Obama is the bee keeper and the pro­duc­tive in Amer­ica are the worker bees.…so he can cre­ate a hive of slackers.

    Obama doesn’t inspire the poor, the down­trod­den, the slack­ers, the losers, the lazy, and those who wasted all their time in pub­lic school to great­ness. The Mes­siah is telling them to hold on! .… Help is on the way to bail out their lazy behind.

    Any yet mil­lions like Sarah offer that Obama is “Awe­some” with­out any­thing of sub­stance to back up their argument.

    I agree, how­ever. Obama is awe­some: An Awe­some Deceiver!

  • Eric Carroll wrote:

    Thank you for the article.

    I’ve noticed that the media cov­er­age has increased and I’ll prob­a­bly be watch­ing the news even less than I cur­rently do (unless it’s local). I noticed just last night that Obama smiled and winked at the cam­era in this smug man­ner that just makes you want to cringe. It was like a five year old at a birth­day party. On the other side, I’m sure a lot of peo­ple fainted out of sheer intoxication.

    I agree, Ashok, the whole idea of this President-Elect is divi­sive and mis­lead­ing. He’s not THE pres­i­dent yet so he needs to quit act­ing like it already (although, his pres­i­den­tial seal has been ready for quite some time). I think that the con­cept of President-Elect allows for less account­abil­ity as Obama, like oth­ers, will place blame on the pre­vi­ous admin­is­tra­tion if things went bad and take credit for things that went well (even if there’s no evi­dence to prove it). I’ve already grown weary of hear­ing about “President-Elect Obama” when the media pur­posely calls Pres­i­dent Bush “Mr. Bush.” There’s a com­plete lack of respect towards a con­ser­v­a­tive in office.

    I don’t think there is any way that PEBO (President-Elect Barack Obama) will unite the coun­try as he was dead set on divid­ing it even dur­ing the cam­paign. There’s no way that the most lib­eral sen­a­tor, that votes against bipar­ti­san­ship 100% of the time, will unite any­one unless they agree with him on every­thing. That’s any­thing but bipartisan.

    As my wife pointed out, I think it would be inter­est­ing if we went back to elect­ing only a pres­i­dent with the runner-up becom­ing vice pres­i­dent. Now, that would require true bipartisanship.

  • like Sarah I filed this post as TLDR.

    How­ever from a brief skim, like many Repub­li­cans you want it both ways, the free­dom to run a dirty cam­paign against Obama, while cry­ing foul when your own can­di­date is treated with less than rev­er­ence. The Office of Pres­i­dent Elect is nec­es­sary for strictly prac­ti­cal rea­sons. Unlike most other democ­ra­cies, the U.S. does not have an exten­sive polit­i­cally neu­tral civil ser­vice, and indeed the cur­rent admin­is­tra­tion has politi­cised a far wider range of advi­sors and admin­is­tra­tors on the fringes of gov­ern­ment than any­thing seen pre­vi­ously. This means that a new Pres­i­dent can­not take over the day after the elec­tion, and the OPE is nec­es­sary to ease the tran­si­tion, by enabling the new Pres­i­dent to assem­ble his team and get them briefed by the out­go­ing admin­is­tra­tion. I am afraid that I sus­pect that you only find prob­lems with this, because the you would like as many obsta­cles in the way of the next admin­is­tra­tion as pos­si­ble, and if the sit­u­a­tion was reversed, and it was a Repub­li­can tak­ing over from a Demo­c­rat that you would find no problem.

    I would take your high minded con­cern about the abil­ity of the Pres­i­dency to unite the nation rather more seri­ously, if the Repub­li­cans had not run the most divi­sive and intran­si­gently par­ti­san admin­is­tra­tion in US his­tory, just one of the rea­sons GWB is regarded by many as the worst Pres­i­dent in liv­ing mem­ory. National unity will only come when the Repub­li­cans are able to show as much flex­i­bil­ity intel­lec­tual curios­ity and open mind­ed­ness as Pres­i­dent Elect Obama has already done. In Reagan’s time the Repub­li­cans were the party of ideas which chal­lenged the ortho­doxy, while now you have become much more ortho­dox and rigidly ide­o­log­i­cal than the con­sen­sus you replaced, while suf­fer­ing from a para­noid per­se­cu­tion com­plex, believ­ing you can­not get your ideas dis­cussed, or point of view across to the major­ity. You need to get back to your Rea­gan roots, which means exam­in­ing many of your core beliefs with as much detach­ment and intel­lec­tual dar­ing, as you had about that tired post war con­sen­sus, and com­ing up with new ideas about how to build a bet­ter world. Sadly though I sus­pect that like the Con­ser­v­a­tive Party in the UK, you are far more likely to take refuge in that strict ortho­doxy, and will only begin to acknowl­edge your prob­lems after a lot more pun­ish­ment at the polls.

  • Wow, why am I not sur­prised, a bunch of Obam­i­na­tion sup­port­ers who didn’t even — in Sarah’s case — to read the whole argu­ment! Then they con­tinue to use names and smears to “spice up” their igno­rance. I mean, when did tol­er­ance equal stereo­typ­ing? Oh yeah that’s right when we are talk­ing about conservatives.

    The whole Office of the Pres­i­dent Elect thing, in gen­eral, isn’t bad — as alluded to by our author. What’s bad is the way that Obama is car­ry­ing on as if he is the Com­man­der in Chief. He isn’t, at least not yet, not until he takes the oath. What Obama is doing, in fact what he has been doing this whole time — dur­ing his cam­paign (I’ll spell it out for our slower friends here) — has been under­min­ing the office of the pres­i­dency, the very office that he seeks. He has acted from the get go as if he can go around the world and make pol­icy deci­sions as a can­di­date and now as the pres­i­dent elect.

    I sug­gest that the com­menters here take the time to actu­ally read this post, and our authors other posts, before lev­el­ing some very seri­ous accu­sa­tions and insults.

  • Eric Carroll wrote:

    Joshua, you’ve hit the nail on the head.

    The Lib­eral Response typ­i­cally looks like this:
    1) Make an unfounded accu­sa­tion (with­out reading/listening to the actual con­tent and con­text)
    2) Use vul­gar lan­guage and call names to start off the per­sonal attack(s)
    3) Make base­less com­ment to dis­tract from what the con­tent and orig­i­nal intent truly was
    4) Repeat

    That’s what I’ve learned this elec­tion year.

  • @ Eric Carroll,

    Those 4 steps sound a bit Rov­ian, no?

    I read the arti­cle and found it inter­est­ing, but not half as inter­est­ing as the comments.

    Obama ran a divi­sive cam­paign? Really? Even when com­pared to the McCain/Palin ticket?

    Amaz­ing.

    RHM

  • Unfor­tu­nately you can’t get some peo­ple to address the issue. The sub­ject here is not hate for Obama, but ner­vous­ness over an unnec­es­sary and poten­tially harm­ful– over­step­ping in the gov­ern­ment. We don’t need two peo­ple rep­re­sent­ing this coun­try to the rest of the world or act­ing in this capac­ity and it’s true there’s not a whole lot of dif­fer­ence between these two par­tic­u­lar men, but that doesn’t mean that will always be the case. Obama– or the news media, whomever you pre­fer to blame– is set­ting prece­dent for really using this thing that really shouldn’t be there.

  • I thought the arti­cle was well writ­ten and raised sev­eral good points. You also did a good job explain­ing why some of those points were not big issues, while oth­ers were. You have the same prob­lem with your writ­ing that I have with my art: Lib­er­als have an emo­tional reac­tion, refuse to read the full text, then attack you on a per­sonal level. To be fair, Con­ser­v­a­tives do this on cer­tain sub­jects as well, but that is not the cur­rent topic.
    The main prob­lem these peo­ple are hav­ing is a lack of under­stand­ing. If they can’t grasp that Amer­ica is a Repub­lic, rather than a Democ­racy, they can’t be expected to under­stand someone’s behav­ior can affect the checks and bal­ances estab­lished by the Con­sti­tu­tion.
    Any­one who argues the point by say­ing some­one is awe­some, inval­i­dates their opin­ion. Even if she per­son­ally knows Obama, his per­son­al­ity has noth­ing to do with his qual­i­fi­ca­tion for the job. He might be the nicest man in the world, but he’s a Social­ist, and no amount of feel good will repair the dam­age of his agenda.
    There is noth­ing you can say to these peo­ple, and no amount of doc­u­men­ta­tion you can give to change their minds. I recently learned as much with one of my blog posts. We will see how it all plays out. I sus­pect they will love him no mat­ter what happens.

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