''Bad for Democracy: How the Presidency Undermines the Power of the People'' (2008)
is a non-fiction book written by
Vanderbilt professor
Dana D. Nelson
Dana D. Nelson is a professor of English at Vanderbilt University and a prominent progressive advocate for citizenship and democracy. She is notable for her criticism—in her books such as ''Bad for Democracy—''of excessive presidential power ...
. It is notable for its criticism of
excessive presidential power and for her call for substantive political reform. Nelson's focus is not on particular presidents, but she argues that the office of the presidency itself "endangers the great American experiment."
Overview
Nelson argues the United States presidency has become too powerful and that all that citizens seem to do, politically, is vote for a president every four years and not much else.[ In her book, she described how the minimal task of voting blinds people to possibilities for substantive political participation: "The once-every-four-years hope for the lever pull sensation of democratic power blinds people to the opportunities for ]democratic representation
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation ("direct democracy"), or to choose gover ...
, deliberation, activism and change that surrounds us in local election
In many parts of the world, local elections take place to select office-holders in local government, such as mayors and councillors. Elections to positions within a city or town are often known as "municipal elections". Their form and conduct vary ...
s." A reviewer commenting on her book echoed this theme: "We confuse our ... single vote that infinitesimally affects the outcome of a Presidential Election – with the operations of a functioning democracy," and the reviewer suggested that it is illusory that "voting
Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
in presidential elections
A presidential election is the election of any head of state whose official title is President.
Elections by country
Albania
The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public.
Chile
The pr ...
somehow epitomizes democratic civic engagement
Civic engagement or civic participation is any individual or group activity addressing issues of public concern. Civic engagement includes communities working together or individuals working alone in both political and non-political actions to ...
."
Detailed argument
Nelson wrote "Plenty of presidents have worked to increase presidential power over the years, but the theory of the unitary executive
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...
, first proposed under President Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
, has been expanded since then by every president, Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
and Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
alike."[ Nelson elaborated that "the ]unitary executive
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...
promised undivided presidential control of the executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
and its agencies, expanded unilateral powers and avowedly adversarial relations with Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
."[ Nelson blamed the ]Heritage Foundation
The Heritage Foundation (abbreviated to Heritage) is an American conservative think tank based in Washington, D.C. that is primarily geared toward public policy. The foundation took a leading role in the conservative movement during the presiden ...
and the Federalist Society
The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered ...
for providing "a constitutional cover for this theory, producing thousands of pages in the 1990s claiming – often erroneously and misleadingly – that the framers
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
themselves had intended this model for the office of the presidency."[ Nelson wrote that uncheckable presidential power has been expanded by using ]executive orders
''Executive Orders'' is a techno-thriller novel, written by Tom Clancy and released on July 1, 1996. It picks up immediately where the final events of ''Debt of Honor'' (1994) left off, and features now-U.S. President Jack Ryan as he tries to d ...
, decrees, memorandums, proclamations, national security directives and legislative signing statement
A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in ''United States Code Congressional and Administrative News'' (USCCAN). ...
s—that already allow presidents to enact a good deal of foreign and domestic policy without aid, interference or consent from Congress.[ She wrote the ]unitary executive
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...
has been justified by an "expansive reading of Article II of the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
" complaining about congressional inactivity or national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
. Nelson criticized signing statement
A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in ''United States Code Congressional and Administrative News'' (USCCAN). ...
s by presidents Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
, George H. W. Bush
George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
, Clinton, and George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
.[ A signing statement is "the written text they are allowed to give when signing a bill into law in order to explain their position – not simply to offer warnings and legal interpretations but to make unilateral determinations about the validity of the provisions of particular statutes."][ Nelson noted that the ]American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
denounced signing statements as presenting "grave harm to the separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
doctrine, and the system of checks and balances, that have sustained our democracy for more than two centuries." Nelson notes "presidential unilateralism can seem reassuring in times of crisis."[ Once Congress gives powers to the ]executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
, it seldom can get them back.[ Nelson believes future presidents are unlikely to give up power. "History teaches that presidents do not give up power – both Democrats and Republicans have worked to keep it. And besides, hoping the next president will give back some powers means conceding that it is up to him to make that decision."]
Nelson said in a radio interview in January 2009:The problem with presidentialism
A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...
is that it trains citizens to look for a strong leader to run democracy for us instead of remembering that that's our job. And it does this in a number of ways. First of all, I think it infantilizes citizens. It teaches us to see the president as the big father of democracy who is going to take care of all the problems for us and handle all of our disagreements. And so that makes us lazy and a little bit childish in our expectations about our responsibilities for our political system. It credits the president with super-heroic powers. Then, that allows him to operate often extralegally and unilaterally, and it teaches us to always want him always to have more power when things are wrong instead of asking why he has so much.
Nelson criticizes excessive worship of the president which she terms ''presidentialism'', that is, "our paternalistic view that presidents are godlike saviors – and therefore democracy's only important figures."[ People seem to believe a myth that the president can solve all national problems, and she studies how different presidents have encouraged people to think along these lines. She makes an argument that the office of the presidency is essentially undemocratic, and she calls for greater participation by ]citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
at the local level. She joins a group of academics including Larry Sabato
Larry Joseph Sabato (; born August 7, 1952) is an American political scientist and political analyst. He is the Robert Kent Gooch Professor of Politics at the University of Virginia, where he is also the founder and director of the Center for P ...
and Robert A. Dahl
Robert Alan Dahl (; December 17, 1915 – February 5, 2014) was an American political theorist and Sterling Professor of Political Science at Yale University.
He established the pluralist theory of democracy—in which political outcomes are ...
and Richard Labunski
Richard Labunski is an American journalism professor at the University of Kentucky and newspaper columnist who is an outspoken advocate for reforming the United States Constitution in his book ''The Second Constitutional Convention''. He has bee ...
and Sanford Levinson
Sanford Victor Levinson (born June 17, 1941) is an American legal scholar known for his writings on constitutional law. A professor at the University of Texas Law School, Levinson is notable for his criticism of the United States Constitution as ...
as well as writers such as Naomi Wolf
Naomi Rebekah Wolf (born November 12, 1962) is an American feminist author, journalist and conspiracy theorist.
Following her first book '' The Beauty Myth'' (1991), she became a leading spokeswoman of what has been described as the third wave ...
calling for substantive reform of the current Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
.
Reactions and criticism
Reviewer Russell Cole focused on the historical discussion in Nelson's book. He wrote that Nelson suggested that democracy flourished briefly after the American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...
but that "enhanced democratic embodiment" declined after ratification of the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, and argued that "behavioral habits that dispose the citizenry so that they take an active role in the ongoing affairs of government" were more extensive during the Colonial epoch than afterwards.[ When the Constitution established a centralized office, a "trend was set in motion that is comparable to the political transformation undergone by the Roman Republic during the Roman Revolution."][ The presidency was seen as a realization of the ]popular will
Popular Will ( es, Voluntad Popular, abbr. VP) is a political party in Venezuela founded by former Mayor of Chacao, Leopoldo López, who is its national co-ordinator. The party describes itself as progressive and social-democratic and was adm ...
in public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
.[ The presidency became almost paternalistic, "not only during times of uncertainty, peril, and calamity, but during times unmarked by social drama." In short, the president has come to personify democracy, according to Nelson.][ But Nelson sees this quality as harmful since it results in citizens becoming "democratically disinclined."][ Nelson argues that "Americans must learn to acknowledge that the unilateralism of the presidency is antithetical to democratic organization."][ Nelson wrote that Democracy was a "messy affair" needing "an ongoing public dialog" to find new compromises among shifting factions.][ Democracy should not be where a ''Decider'' is endowed with solitary authority.][ Cole criticizes Nelson's book at one point for a "lack of originality" regarding the "breadth of the normative section" of her work," but credits her with working towards a new ]episteme
In philosophy, episteme (; french: épistémè) is a term that refers to a principle system of understanding (i.e., knowledge), such as scientific knowledge or practical knowledge. The term comes from the Ancient Greek verb grc, ἐπῐ́ ...
.[ He noted that Nelson sees benefits in ]decentralized
Decentralization or decentralisation is the process by which the activities of an organization, particularly those regarding planning and decision making, are distributed or delegated away from a central, authoritative location or group.
Conce ...
political structures such as democracy, including resilience.[
]William Greider
William Harold Greider (August 6, 1936 – December 25, 2019) was an American journalist and author who wrote primarily about economics.
Early life and education
Greider was born in Cincinnati, Ohio on August 6, 1936, to Harold William Greider ...
of ''The Nation
''The Nation'' is an American liberal biweekly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper tha ...
'' wrote "Dana Nelson argues provocatively and persuasively‚ that the mythological status accorded the presidency is drowning our democracy. The remedy will not come from Washington. It starts with people rediscovering‚ then reclaiming‚ their birthright as active citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
, restoring meaning to the sacred idea of self-government."
David Bollier
David Bollier is an American activist, writer, and blogger who is focused on the commons as a paradigm for re-imagining economics, politics, and culture. He is a director of the Reinventing the Commons Program at the Schumacher Center for a New E ...
wrote "If democratic practice is going to flourish in the United States, the American people are going to have to roll up their sleeves and take on the hard work of self-governance. Dana Nelson offers an astute historical analysis of how the presidency, far from advancing this goal, has actually impeded it."[
Minnesota critic Rachel Dykoski (now Rachel Lovejoy) found the book's writing style "long winded."] She wrote that Nelson's book "makes the case that we've had 200+ years of propagandized leadership, which has systematically stripped away the checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
put in place by our nation's forefathers
An ancestor, also known as a forefather, fore-elder or a forebear, is a parent or (recursively) the parent of an antecedent (i.e., a grandparent, great-grandparent, great-great-grandparent and so forth). ''Ancestor'' is "any person from whom ...
."[ Since ]Franklin Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
, "every president has worked to extend presidential powers in ways that the Constitution's framers would likely have viewed as alarming and profoundly compromising ... The Bush
Bush commonly refers to:
* Shrub, a small or medium woody plant
Bush, Bushes, or the bush may also refer to:
People
* Bush (surname), including any of several people with that name
**Bush family, a prominent American family that includes:
*** ...
administration ... brazenly partisan ... is not inventing new maneuvers."[ Nelson argues that there's a "mesmerizing power surrounding the office."][
Critic ]Alexander Cockburn
Alexander Claud Cockburn ( ; 6 June 1941 – 21 July 2012) was a Scottish-born Irish-American political journalist and writer. Cockburn was brought up by British parents in Ireland, but lived and worked in the United States from 1972. Together ...
described Nelson's work as a "useful new book" and agreed that the "founders
Founder or Founders may refer to:
Places
*Founders Park, a stadium in South Carolina, formerly known as Carolina Stadium
* Founders Park, a waterside park in Islamorada, Florida
Arts, entertainment, and media
* Founders (''Star Trek''), the ali ...
produced a Constitution that gives the president only a thin framework of explicit powers that belong solely to his office."
References
*
* {{cite news, last=Nelson , first=Dana D. , title=The 'unitary executive' question: What do McCain and Obama think of the concept? , work=Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
, date=2008-10-11 , url=http://www.latimes.com/news/opinion/sunday/commentary/la-oe-nelson11-2008oct11,1,6182307.story , accessdate=2009-03-16 , url-status=dead , archiveurl=https://web.archive.org/web/20121026145433/http://www.latimes.com/news/opinion/sunday/commentary/la-oe-nelson11-2008oct11%2C1%2C6182307.story , archivedate=October 26, 2012 Editorial by the author.
* Interview with Dana D. Nelson in Rorotoko. http://www.rorotoko.com/index.php/article/nelson_dana_book_interview_bad_for_democracy/
2008 non-fiction books
American non-fiction books
Books about presidents of the United States
Books about democracy