The Decline and Fall of the American Republic Book

Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. ­Ackerman points to a series of developments that have previously been treated independently of one another—from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century—and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward.

The book aims to begin a new constitutional debate. Americans should not suppose that Barack Obama’s centrism and constitutionalism will typify the presidencies of the twenty-first century. We should seize the present opportunity to confront deeper institutional pathologies before it is too late.

Publishers Weekly

Ackerman (The Failure of the Founding Fathers) makes an academic yet mostly accessible argument against the "triumphalist" (a "Johnny-come-lately to the legal scene") attitude of American constitutionalists on both sides of the political divide and suggests that this signals a dangerous complacency. Ackerman, a triumphalist himself, elaborates on themes developed by Arthur Schlesinger in The Imperial Presidency to warn, "The triumphs of the presidency in the past have prepared the way for a grim future," citing "the decisive triumph of the presidential primacy and caucus system (1972)" for opening the door "for extremists candidates to win major party nominations." Ackerman also tackles more commonly accepted criticisms, like the use of sound bites and polls, and the presidential reliance on signing statements to nullify laws, and sees the de facto inclusion of the military as part of civilian government, as well as the enhanced role of White House staffers (including the National Security Advisor, a position not ratified by the Senate) as symptoms of a government in desperate need of reform. As part of Harvard's "Tanner Lectures on Human Values," Ackerman's effort will appeal most to serious scholars of constitutional law. (Oct.)