The presidency redefined
Obama weakens it where it should be strong and strengthens it where it should be weak

White House/Pete Souza

President Barack Obama and Vice President Joe Biden hold a meeting in the Situation Room of the White House, Jan. 24, 2013.

Article Highlights

  • There is a flaw at the very heart of Barack Obama’s presidency writes @AEI’s John Yoo.

    Tweet This

  • Barack Obama is becoming the anti-president: He is acting on a vision of his office directly at odds with the Framers'.

    Tweet This

  • The white paper on drone strikes is important for what it reveals about Obama: his desire to weaken his own office.

    Tweet This

There is a flaw at the very heart of Barack Obama's presidency. In the 1960s and 1970s, Hollywood created a new type of film protagonist — the anti-hero. He played the leading role, but was the opposite of a hero. Barack Obama is becoming the anti-president: He is acting on a vision of his office directly at odds with the Framers'.

The recent leak of the Justice Department white paper on the targeted killing of Americans by drone warfare is the latest indication of the president's failure to understand the constitutional purpose of his office. Some critics claim that the memo shows that the president is attempting to seize an unchecked, unilateral power to deprive citizens of their most fundamental right: The right to life. Some members of Congress have even unwisely proposed to rein in these attacks on Americans who have joined al-Qaeda, and to establish a special federal court to issue the functional equivalent of death warrants. (President Obama broadly endorsed this idea of judicializing military  strikes in his State of the Union address. "I will continue to engage with Congress to ensure not only that our targeting, detention, and prosecution of terrorists remains consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world," he declared.)

But the white paper on drone strikes is most important for what it reveals about Obama: his desire to weaken his own office's ability to fulfill its constitutional duties. Eighteenth-century Americans understood the executive's powers to focus on two main functions: the protection of national security and conduct of foreign relations, and the execution of the laws. "Energy in the Executive is a leading character in the definition of good government," Alexander Hamilton wrote in Federalist 70. "It is essential to the protection of the community against foreign attacks. It is not less essential to the steady administration of the laws." Most important of all, commanders-in-chief - since the time of the Framing - traditionally have managed war. "Of all the cares or concerns of government," Hamilton wrote in Federalist 74, "the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand."

 

 

Also Visit
AEIdeas Blog The American Magazine
About the Author

 

John
Yoo

What's new on AEI

AEI Election Watch 2014: What will happen and why it matters
image A nation divided by marriage
image Teaching reform
image Socialist party pushing $20 minimum wage defends $13-an-hour job listing
AEI on Facebook
Events Calendar
  • 27
    MON
  • 28
    TUE
  • 29
    WED
  • 30
    THU
  • 31
    FRI
Monday, October 27, 2014 | 10:00 a.m. – 11:30 a.m.
State income taxes and the Supreme Court: Maryland Comptroller v. Wynne

Please join AEI for a panel discussion exploring these and other questions about this crucial case.

Tuesday, October 28, 2014 | 9:30 a.m. – 12:15 p.m.
For richer, for poorer: How family structures economic success in America

Join Lerman, Wilcox, and a group of distinguished scholars and commentators for the release of Lerman and Wilcox’s report, which examines the relationships among and policy implications of marriage, family structure, and economic success in America.

Tuesday, October 28, 2014 | 5:30 p.m. – 7:00 p.m.
The 7 deadly virtues: 18 conservative writers on why the virtuous life is funny as hell

Please join AEI for a book forum moderated by Last and featuring five of these leading conservative voices. By the time the forum is over, attendees may be on their way to discovering an entirely different — and better — moral universe.

Thursday, October 30, 2014 | 2:00 p.m. – 3:00 p.m.
A nuclear deal with Iran? Weighing the possibilities

Join us, as experts discuss their predictions for whether the United States will strike a nuclear deal with Iran ahead of the November 24 deadline, and the repercussions of the possible outcomes.

Thursday, October 30, 2014 | 5:00 p.m. – 6:15 p.m.
The forgotten depression — 1921: The crash that cured itself

Please join Author James Grant and AEI senior economists for a discussion about Grant's book, "The Forgotten Depression: 1921: The Crash That Cured Itself" (Simon & Schuster, 2014).

No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled today.
No events scheduled this day.