Example Image
Civitas Outlook
Topic
Constitutionalism
Published on
May 27, 2025
Contributors
Richard M. Reinsch II
Photo by Edoardo Cuoghi on Unsplash

The Progressive Presidency Envelops American Politics

Contributors
Richard M. Reinsch II
Richard M. Reinsch II
Editor-in-Chief, Civitas Outlook
Richard M. Reinsch II
Summary
One does not need to revisit the drastic consequences that ensued from COVID-19 policies to be reminded of the failures and mistakes of the progressive constitutional framework that issued them.
Summary
One does not need to revisit the drastic consequences that ensued from COVID-19 policies to be reminded of the failures and mistakes of the progressive constitutional framework that issued them.
Listen to this article

For better and for worse, the progressive conception of executive power has become almost definitive for the presidency in the twentieth and twenty-first centuries. We judge presidents by their grand actions, their command of politics, and how they shape opinion with rhetoric and gestures. They tell us they feel our pain as we boldly move forward together to claim the unruly future. President Trump has even suggested that our children’s Christmas presents are part of his prerogative. For all this, the American people welcome strident presidents, only turning on them under certain conditions, which are themselves notable. The rulemaking authority that has accumulated in the executive branch in generous transfers of power by Congress since Woodrow Wilson’s groundbreaking progressive presidency now makes it more formidable than it has ever been.

All of this is happening, with only the vaguest of directions from Congress, the branch of government that the Constitution easily accords the widest berth of powers. We seem destined to live out the folly that Publius warned about when he defined tyranny in The Federalist as the combination of legislative, executive, and judicial power in one set of hands.

Progressive constitutionalism finds its objectives in egalitarian social and economic change, aggressive regulation of business, a vast bureaucratic sector, and, most importantly, an executive who leads the people to accept the changes foisted on them in the name of progress. This unbalanced form of government breaks down under the weight of menacing events, emergencies, or forecasts that lead Americans of any belief to look to the federal government for direction and competence.

Continue reading at Public Discourse: The Journal of the Witherspoon Institute

10:13
1x
10:13
More articles

How Reading Augustine Dispels Ideological Illusions

Pursuit of Happiness
May 30, 2025

Rise of the AI Oligarchy?

Economic Dynamism
May 29, 2025
View all

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Constitutionalism

Religious Exemptions?: What the Free Exercise Clause Means

A conversation among three religious liberty scholars on the Free Exercise Clause’s original meaning.

Andrew Koppelman, Michael McConnell, Vincent Phillip Muñoz
Constitutionalism
Apr 28, 2025
Rational Nondelegation

The nondelegation doctrine, which forbids Congress from transferring excessive power to the executive branch, has risen from the dead.

John Yoo
Constitutionalism
Feb 27, 2025
What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz reviews a new book about the Establishment Clause.

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024
Test article

Constitutionalism

Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

View all
** items
Trump, Lincoln and a ‘Habeas Corpus Threat’

Prof. John Yoo replies to William Galston.

John Yoo
Constitutionalism
May 18, 2025
The Originalist Case for Birthright Citizenship

A Supreme Court guided by originalist principles should affirm the constitutionality of birthright citizenship.

John Yoo, Robert Delahunty
Constitutionalism
May 9, 2025
Burnham’s Counterrevolution

Richard Reinsch reviews David T. Byrne's new biography of James Burnham.

Richard M. Reinsch II
Constitutionalism
Mar 28, 2025
How Not to Run the World

John Yoo examines Straussian approaches to foreign policy.

John Yoo
Constitutionalism
Mar 23, 2025

Yuval Levin on How the Constitution Unified our Nation – and Could Again

Constitutionalism
Mar 27, 2025
1:05

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism
Mar 11, 2025
1:05

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
1:05

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
1:05

John Yoo: President Trump Is Trying to Restore Energy to the Executive

Constitutionalism
Feb 19, 2025
1:05
No items found.
No items found.
President Trump Has to Obey the Constitution, But So Does Chief Justice Roberts

Every vote Chief Justice Roberts casts is viewed through the lens of nearly two decades of balancing acts and political compromises.

Josh Blackman
Constitutionalism
May 28, 2025
Will SCOTUS Greenlight the Nation’s First Religious Charter School?

Is Oklahoma's refusal to recognize a religious charter school a violation of the Free Exercise Clause of the First Amendment?

S. Ernie Walton, Mark David Hall
Constitutionalism
May 22, 2025
Is There Still a Republic?

What will it take to recover the American Republic?

Ben R. Crenshaw
Constitutionalism
May 21, 2025
SALT Spoils Federalism

If state and local governments are to be accountable to the people, the SALT deduction should be strictly capped or eliminated.

Thomas Savidge
Constitutionalism
May 21, 2025
No items found.