The Decline and Fall of the American Republic

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.)