Power without Limits: The Allure of Political Idealism and the Crumbling of American Constitutionalism
Year: 2013

For the framers of the U.S. Constitution no task seemed more important than to limit and tame power. The chief reason why they established a government of divided powers and checks and balances was their view of human nature, which was primarily Christian and classical. It seemed to them self evident that human beings are morally cleft. They are potentially decent, even admirable, but also have darker inclinations that pose a great threat to themselves and others. Human beings cannot be trusted with unrestricted power. The constitutionalism of the framers assumed that the drive for power had to be contained first of all through the self discipline of individuals, but corresponding external restraints, including constitutional checks, were necessary to protect the public. Since the adoption of the Constitution American government and society have changed radically. The Constitution still enjoys a kind of ceremonial respect. It is cited as if it possessed an august authority. In actuality, political practice is today so different from the intent of the framers that, in substance, the original Constitution has been virtually suspended. Over the years sometimes tortuous and highly tendentious constitutional interpretation has combined with powerful political and intellectual trends to produce an enormous expansion and centralization of the federal government and a concomitant erosion of checks and balances. The claim that these developments have realized the hopes of Alexander Hamilton is blatantly anachronistic. The American federal National Security and Welfare State with its presidential system bears little resemblance to the scheme of the framers. The reasons for the change are many and complex. They include the effects of wars, economic and scientific developments, and globalization. The change can also be traced to moral, cultural, and social developments that have had profound, transformative consequences. Briefly put, the way in which Americans today view themselves and the world is very different from what was the case at the time of the framing of the Constitution. That change is far reaching and goes a long way towards explaining the mentioned political change. One major consequence is a muting of the old American fear of power and the creation of vast new opportunities for politicians who desire more power. Although these developments have distinctively American characteristics, they reflect trends throughout the Western world. Those trends have, in fact, been even more pronounced in Europe. Although traditional religion and morality have long been in retreat, moralistic language seems more pervasive in American politics today than ever. Few public policy stands are advanced that are not said to be demanded by "justice" or "fairness." To oppose them is to be "greedy," "callous" or "intolerant" to be morally inferior, even despicable. Moral indignation is, it seems, the favored posture of politicians and pressure groups. But the moralism of today is very different from the notion of morality prevalent at the time of the writing of the Constitution. The purpose of this article is to identify a powerful strain within this new moralism and to elucidate its role in engendering the transformation of American society and politics. While sharply lessening the old American fear of power, the change has facilitated and even stimulated a desire for power. According to the new conception of morality, it is virtuous to want government, almost always the federal government, to expand its reach. In foreign policy, it is common for American leaders to claim, sometimes with great ideological fervor, that America is exceptional and has a moral mission in the world. American leadership is needed to remake insufficiently "free" and "democratic" countries. According to assertive nationalists, neoconservatives, and liberal interventionists in both parties, America should seek armed global hegemony not, of course, to indulge a desire to dominate but to fulfill a morally noble destiny.