Madison's Nightmare
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In recent years, the Bush administration's ambitious - even breathtaking - claims of unilateral executive authority have properly raised concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush's attempts to assert his power are only the latest development in a near-thirty-year assault on the basic checks and balances of the U.S. government - a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in "Madison's Nightmare", threatens to utterly subvert the founders' vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of 'aggressive presidentialism' has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch - and abetted by a complaisant Congress, riven by partisanship - this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions.
The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, "Madison's Nightmare" outlines the disastrous consequences of the unchecked executive - and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University Moritz College of Law. He is coauthor and coeditor of A Little Knowledge: Privacy, Security and Public Information after September 11.