Federalist #69 and the Mueller Report

FederalistDanielle Allen of Harvard University makes the connection in a piece at The Washington Post. Here is a taste:

The Mueller report has finally brought us face-to-face with the need to address the “delicate and important circumstance of personal responsibility” in the nation’s chief executive, as Alexander Hamilton put it in Federalist 69.

To quote the Mueller report: “The President has no more right than other citizens to impede official proceedings by corruptly influencing witness testimony.” In addition, the president bears a second burden of personal responsibility — not merely to execute the powers of his office (for instance, hiring and firing) but also to execute those powers “faithfully.”

That question of faithfulness is what Hamilton had in mind when he referred to the “delicate and important circumstance of personal responsibility.” The constitutional apparatus gave to Congress the power and responsibility of addressing that delicate matter. The most important question now before us is whether Congress will use its power — and indeed, rebuild it after a period of decline — to reinforce two core principles of the Constitution: that the president is not above the law and that he or she should be held to a standard of faithfulness.

Read the rest here.

Here is Hamilton in Federalist 69:

The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a national revolution. In this delicate and important circumstance of personal responsibility, the President of Confederated America would stand upon no better ground than a governor of New York, and upon worse ground than the governors of Maryland and Delaware.

Presidential Historian: “Trump has none of the traits the founders thought essential for presidents”

george-washington1Here is Jeffrey Engel, director of Southern Methodist University’s Center for Presidential History:

This willingness to put country before self is why Washington’s presence lent legitimacy to the controversial convention, why delegates immediately voted him the presiding chair and why they ultimately designed the presidency with him in mind. Put simply, they trusted him and knew he would put America first.

Not every president would. “The first man put at the helm will be a good one,” Pennsylvania’s Benjamin Franklin assured the convention, probably nodding in Washington’s direction as he spoke. “Nobody knows what sort may come afterwards.”

So delegates designed a mechanism for removing a dangerous president, one who did what Washington never would: impeachment for “treason, bribery, or other high crimes and misdemeanors.”

That pesky phrase, “high crimes and misdemeanors” has befuddled Americans ever since. It shouldn’t. The Constitution’s authors understood that impeachable treachery need not, in fact, be a literal crime at all, but rather a demonstration that a president’s presence harmed the body politic, the people, either through maliciousness or selfishness.

For example, any president “who has practiced corruption” to win election, a Pennsylvania delegate argued, should be impeached. So, too, in the eyes of Virginia’s James Madison, should any president who “might pervert his administration into a scheme of peculation or oppression,” or any who “betray[ed] his trust to foreign powers.”

And what of a president who used his immense pardon power to conceal his guilt, perhaps by promising a pardon to subordinates he ordered to break the law? They thought of that, too. “If the President be connected, in any suspicious manner, with any person,” who schemed against the republic, Madison argued during ratification debates, “and there be grounds to believe he [the president] will shelter him,” impeachment should follow. No one debated the point.

Read the entire piece here.

Mount Vernon CEO Doug Bradburn Explains What It Was Like Giving Donald Trump a Tour

Bradburn and Trump

Doug Bradburn, the CEO of Mount Vernon, gave Donald Trump and French president Emmanuel Macron a tour of George Washington’s estate in April 2018.

Now Bradburn is talking about the Trump visit.  Here is a taste of an article at Politico on Bradburn’s attempts to keep Trump interested on the tour:

During a guided tour of Mount Vernon last April with French president Emmanuel Macron, Trump learned that Washington was one of the major real-estate speculators of his era. So, he couldn’t understand why America’s first president didn’t name his historic Virginia compound or any of the other property he acquired after himself.

“If he was smart, he would’ve put his name on it,” Trump said, according to three sources briefed on the exchange. “You’ve got to put your name on stuff or no one remembers you.”

The VIPs’ tour guide for the evening, Mount Vernon president and CEO Doug Bradburn, told the president that Washington did, after all, succeed in getting the nation’s capital named after him. Good point, Trump said with a laugh.

Here is more:

The president’s disinterest in Washington made it tough for tour guide Bradburn to sustain Trump’s interest during a deluxe 45-minute tour of the property which he later described to associates as “truly bizarre.” The Macrons, Bradburn has told several people, were far more knowledgeable about the history of the property than the president.

A former history professor with a PhD, Bradburn “was desperately trying to get [Trump] interested in” Washington’s house, said a source familiar with the visit, so he spoke in terms Trump understands best — telling the president that Washington was an 18th century real-estate titan who had acquired property throughout Virginia and what would come to be known as Washington, D.C.

Trump asked whether Washington was “really rich,” according to a second person familiar with the visit. In fact, Washington was either the wealthiest or among the wealthiest Americans of his time, thanks largely to his mini real estate empire.

“That is what Trump was really the most excited about,” this person said.

Read the entire piece here.

Here is what I wrote about Trump and American history in Believe Me: The Evangelical Road to Donald Trump:

But the problem with Donald Trump’s use of American history goes well beyond his desire to make America great again or his regular references to some of the darker moments in our past–moments that have tended to divide Americans rather than uniting them.  His approach to history also reveals his narcissism.  When Trump says that he doesn’t care how “America first” was used in the 1940s, or claims to be ignorant of Nixon’s use of “law and order,” he shows his inability to understand himself as part of a larger American story.  As Washington Post columnist Michael Gerson wrote in the wake of Trump’s pre-inauguration Twitter attack on civil rights icon John Lewis, a veteran of nonviolent marches who was severely beaten at Selma: “Trump seems to have no feel for, no interest in, the American story he is about to enter.”  Gerson describes Trump’s behavior in this regard as the “essence of narcissism.”  The columnist is right: Trump is incapable of seeing himself as part of a presidential history that is larger than himself.  Not all presidents have been perfect, and other have certainly shown narcissistic tendencies; but most of them have been humbled by the office.   Our best presidents thought about their four or eight years in power with historical continuity in mind.  This required them to respect the integrity of the office and the unofficial moral qualifications that come with it.  Trump, however, spits in the face of this kind of historical continuity.  This isn’t conservatism; it is progressive thinking at its worst.  Alexis de Tocqueville once said, “Not only does democracy make men forget their ancestors, but also clouds their view of their descendants and isolates them from their contemporaries.  Each man is forever thrown back on himself alone, and there is a danger that he may be shut up in the solitude of his own heart.” 

Sam Wineburg, one of the country’s foremost scholars of historical thinking, writes:

“For the narcissist sees the world–both the past and the present–in his own image.  Mature historical understanding teaches us to do the opposite: to go beyond our own image, to go beyond our brief life, and to go beyond the fleeting moment in human history into which we have been born.  History educates (“leads outward” in the Latin) in the deepest sense.  Of the subjects in the secular curriculum, it is the best at teaching those virtues once reserved for theology–humility in the face of our limited ability to know, and awe in the face of the expanse of history.”

I chatted with Bradburn in this episode of his Mount Vernon podcast and you can listen to our interview with Bradburn in Episode 17 of The Way of Improvement Leads Home Podcast.

Is Jimmy Carter an Antidote to Trump?

David Siders thinks so.  Here is a taste of his recent piece at Politico:

“Carter almost takes us out of the entire realm of what our politics has become,” said Paul Maslin, a top Democratic pollster who worked on the presidential campaigns of Carter and Howard Dean. “He’s the anti-Trump … I mean, we have almost the polar opposite as president, somebody who is so an affront to everything that’s good and kind and decent.”

Maslin said, “I have felt for some time that a candidate who is not just good on the issues but can marshal a moral clarity about what our politics ought to be, in contrast to what it has become, that person … that could be the currency of 2020.”

In fact, Carter has become a constant point of reference early in the campaign for Democrats polling outside of the top tier. John Delaney, the little-known former Maryland congressman who by August 2018 had already campaigned in all 99 counties in Iowa, has likened his focus on the first-in-the-nation caucus state to Carter’s.

And after her pilgrimage to see Carter this year, Klobuchar wrote on social media, “Wonderful lunch with Jimmy and Rosalynn Carter today at their home in Plains. Tomato soup and pimento cheese sandwiches! Got some good advice and helpful to hear about their grassroots presidential campaign (when no one thought they could win but they did)!”

Read the entire piece here.

I still think Carter’s 1979 “malaise speech” is one of the best presidential speeches I have heard in my lifetime.

  • Notice that Carter used the phrase “I feel your pain” before Bill Clinton popularized it.
  • The speech has a streak of populism in it.
  • It is deeply honest and humble. Can you imagine a president today reading criticism of his presidency before a national audience?
  • Carter identifies the loss of national purpose and a “crisis of confidence” as a “fundamental threat to American democracy.”  It is a forward-looking message of hope and progress.  Carter speaks with conviction, often raising his fist to strengthen his points.
  • Carter says that self-indulgence, consumption, and materialism undermines citizenship. According to historian Kevin Mattson, this comes directly from historian and cultural critic Christopher Lasch and his best-selling The Culture of Narcissism.
  • Carter points to the many ways the country has gone astray–Vietnam and Watergate and economic dependence on Middle East oil.
  • Carter offers “honest answers” not “easy answers.”  Of course no one wants to work hard and make sacrifices, they want individualism and freedom instead.  A little over a year after this speech Ronald Reagan defeated Carter with just such a message of individualism and freedom.
  • Carter warns us about the path of self-interest and fragmentation.  This is what America got with Reagan.  See Daniel T. Rodgers’s The Age of Fracture.
  • Carter sees the national discussion of energy as way of bringing a divided nation together.  This seems more relevant than ever today.  Green New Deal aside, a green solution to energy would create jobs and strengthen the economy.
  • When Carter talks about foreign oil and America’s dependence upon it, he is invoking founding fathers such as Alexander Hamilton who worked tirelessly to make the nation economically independent.
  • Interesting that in the 1970s Democrats still saw coal as a vital energy source.  He also champions pipelines and refineries.
  • Carter calls for a strengthening of public transportation and local acts of conservation.  This kind of self-sacrifice, Carter says, “is an act of patriotism.”  This reminds me of the non-importation agreements during the American Revolution.    To stop drinking tea or buying British goods was seen as a similar act of patriotism. See T.H. Breen, The Marketplace of Revolution.  Carter says “there is no way to avoid sacrifice.”
  • As I have noted above, this speech hurt Carter politically.  But it is deeply honest and, in my opinion, true.

Did Lincoln Offer a “verbal cake and ice cream” to slaveowners?

Who was responsible for the Emancipation Proclamation?  Was it Lincoln?  The Republican Party? The slaves themselves?  Gettysburg College Civil War scholar Allen Guelzo makes a case for Lincoln in his recent piece in The Wall Street Journal.  Here is a taste:

In an age when rocking century-old statues off their pedestals has become a public sport, no historical reputation is safe. That includes Abraham Lincoln, the Great Emancipator.

It is “now widely held,” Columbia historian Stephanie McCurry announced in a 2016 article, that emancipation “wasn’t primarily the accomplishment of Abraham Lincoln or the Republican Party, but of the slaves themselves, precipitated by the actions they took inside the Confederacy and in their flight to Union lines.” Ebony editor Lerone Bennett put this argument forward in his 2000 book, “Forced Into Glory: Abraham Lincoln’s White Dream.” The Zinn Education Project, which distributes Howard Zinn’s “A People’s History of the United States” to students, claims that Lincoln offered “verbal cake and ice cream to slaveowners,” while slaves themselves did “everything they could to turn a war for national unity into a war to end slavery.”

The case against Lincoln is a lot less energizing than it seems. Slavery, as it emerged in American life and law, was always a matter of state enactments. There was no federal slave code, and Madison had been particularly eager to ensure that the Constitution gave no federal recognition to the idea that there could be “property in man.” But there was also no federal authority to move directly against slavery in the states.

The attempt by the Southern slave states to break away in 1861 seemed to offer several ways to strike at slavery. Some U.S. Army officers attempted to declare slaves “contraband of war,” and therefore liable to seizure like any other military goods. But the “contraband” argument fell into the error of conceding that slaves were property, and, anyway, no legal opinions on the laws of war regarded such property seizures as permanent.

Congress tried to put a hand on slavery through two Confiscation Acts, in 1861 and 1862. But “confiscating” slaves wasn’t the same thing as freeing them, since the Constitution (in Article I, Section 9) explicitly bans Congress from enacting “bills of attainder” that permanently alienate property. Confiscation would also have had the problem of ratifying the idea that human beings were property.

Lincoln tried to dodge the constitutional issues by proposing, as early as November 1861, a federal buyout of slaves in the four border states that remained loyal to the Union—Delaware, Kentucky, Maryland and Missouri. But the representatives of those states rebuffed the offer, telling Lincoln that they “did not like to be coerced into Emancipation, either by the Direct action of the Government, or by indirection,” as a Maryland congressman reported.

Many slaves didn’t wait on the courts or Congress, and instead ran for their freedom to wherever they could find the Union Army. But the Army wasn’t always welcoming, and there was no guarantee that the war wouldn’t end with a negotiated settlement including the forced return of such runaways. Fugitive slaves were free, but their freedom needed legal recognition.

If you can get past The Wall Street Journal paywall, you can read the rest here.

What Do Millard Fillmore, Franklin Pierce, and Andrew Johnson Have in Common?

carter_kennedy_was_drinking_before_1980_snub

Fillmore, Pierce, and Johnson were sitting presidents seeking reelection who failed to win the nomination of their political party.  And it almost happened in 1980 as Ted Kennedy challenged Jimmy Carter for the Democratic Party nomination.

Could it happen in the GOP in 2020?

Jon Ward of Yahoo News discusses Kennedy’s challenge to Carter in his piece “Ted Kennedy, Jimmy Carter and a lesson from history for President Trump.”  Here is a taste:

The heightened anxiety of the time—from gas lines, to rising costs for basic goods, to unemployment—was reflected in the public’s desire for a stronger form of leadership in the White House. More than half of the country—55 percent—still thought Carter was honest in a June CBS News/New York Times poll. But 66 percent said they wanted someone “who would step on some toes and bend some rules to get things done.” Democrats in the poll overwhelmingly said they wanted Kennedy to be their nominee in 1980, with 52 percent for Kennedy to 23 percent for Carter, and 8 percent for California Gov. Jerry Brown.

Beyond economics, Americans were worried that their country was “in deep and serious trouble” because of “moral threats which cut right through the social fabric,” according to one survey by Democratic pollster Peter Hart in Wisconsin. Hart’s results showed widespread concern over “a lack of morality and religion and the breakdown of the family structure.” People said they were “afraid that people have become too selfish and greedy, that the people are apathetic and just don’t care.”

Hart’s survey in Wisconsin showed a desire for “a reemergence of the more traditional approach to life and a turning away from the more publicized free-wheeling attitudes of the 1960’s and 70’s.” This should have given the Carter White House some reassurance that Kennedy, whose life bore all the hallmarks of excess and privilege, might not be as formidable a foe as the polls showed. But when things are going badly and you’re getting blamed, it’s hard to think clearly, and the Carter White House was spooked.

The New York Times columnist Tom Wicker noted that many of those polled about Kennedy supported him despite holding less liberal views than he did on health care and government spending. “He is a glamorous figure with a great name,” Wicker wrote. “Those who are trying to draft him are looking for a winner.”

Carter remained publicly defiant about his political future, despite his tanking popularity. One day after the June numbers appeared, he hosted several dozen congressmen at the White House for a briefing on the Panama Canal treaty, which was struggling to gain support. The House members were seated at round tables, in groups of ten or so. Carter went from table to table. While he spoke to one group, he was asked by Representative Toby Moffett of Connecticut how he felt about the 1980 election. Carter claims that Moffett asked him if he was even going to run for reelection, “which was kind of an insult to an incumbent president.”

“Of course I am,” Carter told Moffett.

Moffett persisted. “What about Ted Kennedy?” he asked.

“I’m going to whip his ass,” Carter said.

Representative William Brodhead, a Michigan Democrat, was taken aback.

“Excuse me, what did you say?” he said.

Moffett cut him off. “I don’t think the president wants to repeat what he said,” he told Brodhead.

Read the entire piece here.  And check out Ward’s new book Camelot’s End: Kennedy vs. Carter and the Fight That Broke the Democratic Party

“approving, condoning, acquiescing in, and counselling witnesses with respect to…false or misleading testimony in duly instituted judicial and congressional proceedings.”

nixon

Here is Richard Nixon’s first article of impeachment. (In case anyone is interested today).

In his conduct of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:

On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.

The means used to implement this course of conduct or plan included one or more of the following:

  1. making false or misleading statements to lawfully authorized investigative officers and employees of the United States;
  2. withholding relevant and material evidence or information from lawfully authorized investigative officers and employees of the United States;
  3. approving, condoning, acquiescing in, and counselling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employees of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings;
  4. interfering or endeavouring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force, and Congressional Committees;
  5. approving, condoning, and acquiescing in, the surreptitious payment of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities;
  6. endeavouring to misuse the Central Intelligence Agency, an agency of the United States;
  7. disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employees of the United States, for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability;
  8. making or causing to be made false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation had been conducted with respect to allegations of misconduct on the part of personnel of the executive branch of the United States and personnel of the Committee for the Re-election of the President, and that there was no involvement of such personnel in such misconduct: or
  9. endeavouring to cause prospective defendants, and individuals duly tried and convicted, to expect favoured treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Historian Yoni Appelbaum Makes a Case for the Impeachment of Donald Trump

If you are a fan of The Way of Improvement Leads Home Podcast, you will remember our interview in Episode 3 with Yoni Appelbaum, historian and IDEAS editor at The Atlantic.  In this piece, Appelbaum makes a case for the impeachment of Donald Trump.  Here is a taste:

The oath of office is a president’s promise to subordinate his private desires to the public interest, to serve the nation as a whole rather than any faction within it. Trump displays no evidence that he understands these obligations. To the contrary, he has routinely privileged his self-interest above the responsibilities of the presidency. He has failed to disclose or divest himself from his extensive financial interests, instead using the platform of the presidency to promote them. This has encouraged a wide array of actors, domestic and foreign, to seek to influence his decisions by funneling cash to properties such as Mar-a-Lago (the “Winter White House,” as Trump has branded it) and his hotel on Pennsylvania Avenue. Courts are now considering whether some of those payments violate the Constitution.

More troubling still, Trump has demanded that public officials put their loyalty to him ahead of their duty to the public. On his first full day in office, he ordered his press secretary to lie about the size of his inaugural crowd. He never forgave his first attorney general for failing to shut down investigations into possible collusion between the Trump campaign and Russia, and ultimately forced his resignation. “I need loyalty. I expect loyalty,” Trump told his first FBI director, and then fired him when he refused to pledge it.

Trump has evinced little respect for the rule of law, attempting to have the Department of Justice launch criminal probes into his critics and political adversaries. He has repeatedly attacked both Deputy Attorney General Rod Rosenstein and Special Counsel Robert Mueller. His efforts to mislead, impede, and shut down Mueller’s investigation have now led the special counsel to consider whether the president obstructed justice.

As for the liberties guaranteed by the Constitution, Trump has repeatedly trampled upon them. He pledged to ban entry to the United States on the basis of religion, and did his best to follow through. He has attacked the press as the “enemy of the people” and barred critical outlets and reporters from attending his events. He has assailed black protesters. He has called for his critics in private industry to be fired from their jobs. He has falsely alleged that America’s electoral system is subject to massive fraud, impugning election results with which he disagrees as irredeemably tainted. Elected officials of both parties have repeatedly condemned such statements, which has only spurred the president to repeat them.

These actions are, in sum, an attack on the very foundations of America’s constitutional democracy.

Read the entire piece here.

Interpreting Slavery at James Monroe’s Plantation

Monroe

Highland, the Virginia home of James Monroe from 1799-1823, is coming to grips with its history of slavery.  Here is a taste of Jordy Yager’s piece at National Public Radio:

Today the area is surrounded by wineries and other tourist draws, like Thomas Jefferson’s nearby plantation, Monticello. In fact, Jefferson helped Monroe buy the Highland property, which is now run as a historic site, hosting weddings, concerts, and thousands of visitors each year.

Until recently, however, the enslaved weren’t much talked about. Guides at Highland knew only that some of the enslaved had been sold and sent to Florida. And then, about two years ago, George Monroe, Jr. paid Highland a visit. He approached a staff member at the visitor’s center and said, “My last name is Monroe and my family comes from off this plantation.”

Since then, George Monroe, Jr. has been working with Highland’s Executive Director Sara Bon-Harper to build relationships with more than a dozen descendants in the immediate area and across Virginia. Bon-Harper wants them to tell the story of Highland.

“The theme of having one’s eyes opened to reality that one was completely ignorant of, I think, goes through race relations in Virginia,” said Bon-Harper. “And my response is to be completely open to learning the things that I have not known and Highland is really, really, excited to have these contacts now and having the willing collaboration of the descendant communities is tremendous.”

Read the entire piece here.

Can a Presidential Administration Run on Loyalty Alone?

jackson-portrait

Over at The Washington Post column “Made by History, Cumberland University history professor Mark Cheathem reflects historically on the idea of “loyalty” in presidential administrations.  Here is a taste of his piece on Andrew Jackson’s presidency:

Chaos seems to dominate President Trump’s White House. From Omarosa Manigault Newman’s secret audio recordings to the anonymous New York Times op-ed, reports from White House officials highlight the dysfunction that has plagued the Trump administration in its first 20 months.

Nearly 200 years ago, Democratic President Andrew Jackson’s White House witnessed a similar situation: a president consumed by conspiratorial thinking, a Cabinet feeling the brunt of the president’s paranoia and accusations of an ambitious vice president waiting to step in for a president who failed to deliver on his promise of democratic populism.

The thread that links the chaos in both administrations is the emphasis on loyalty. Throughout his life, Jackson held positions that demanded loyalty — from the soldiers he led, the enslaved people he owned and the relatives and friends he mentored. Disloyal actions led Jackson to cast aside members of his inner circle. And the political consequences of these falling-outs were significant, helping to shape the two-party system and contributing to the regional strife that eventually produced the Civil War. Similar situations in the Trump orbit also could have serious long-term ramifications.

Read the rest here.

Also check out our recent Author’s Corner interview with Cheathem on his book The Coming Democracy: Presidential Campaigning in the Age of Jackson.

The President Who Made it Illegal to Criticize the Presidency

Adams and Trump

Donald Trump?  Not yet.  I think he’d like to make it illegal to criticize him, but he hasn’t been able to pull it off yet.

We are talking about John Adams and the Alien and Sedition Acts.  Here is a taste of Ronald Shafer’s piece at The Washington Post:

The thin-skinned president of the United States was furious at his critics — like the congressman who wrote that the president was “swallowed up in a continual grasp for power, in an unbounded thirst for ridiculous pomp, foolish adulation and selfish avarice.”

The peeved president wasn’t Donald Trump. He was America’s second commander in chief, John Adams.

Though Adams was a Founding Father of the United States’ democracy, he couldn’t abide personal scorn. In July 1798, he signed the Alien and Sedition Acts that, among other things, made it illegal to “write, print, utter, or publish . . . any false, scandalous and malicious writing or writings” against the president and other executive branch officials.

While the laws no longer exist today, modern presidents have also called for stricter laws to suppress criticism of their office, as President Trump did this week in the wake of journalist Bob Woodward’s new White House tell-all and an anonymous opinion piece by a senior administration official in the New York Times. Trump called for a change in libel laws and also demanded the Times turn over the anonymous author “for National Security purposes.”

Read the rest here.

The 25th Amendment

 

Ford

Yesterday’s anonymous op-ed in The New York Times noted that some of Trump’s senior staff have talked about the 25th Amendment in the context of his inept presidency.

If you are unfamiliar with the 25th Amendment, I recommend this piece at National Public Radio.

Here is the text of the amendment:

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

“It just never had been my ambition to be rich”

Plains

Check out Kevin Sullivan’s and Mary Jordan’s Washington Post piece on Jimmy Carter’s simple life in Plains, Georgia.  A taste:

Carter costs U.S. taxpayers less than any other ex-president, according to the General Services Administration, with a total bill for him in the current fiscal year of $456,000, covering pensions, an office, staff and other expenses. That’s less than half the $952,000 budgeted for George H.W. Bush; the three other living ex-presidents — Clinton, George W. Bush and Obama — cost taxpayers more than $1 million each per year.

Carter doesn’t even have federal retirement health benefits because he worked for the government for four years — less than the five years needed to qualify, according to the GSA. He says he receives health benefits through Emory University, where he has taught for 36 years.

The federal government pays for an office for each ex-president. Carter’s, in the Carter Center in Atlanta, is the least expensive, at $115,000 this year. The Carters could have built a more elaborate office with living quarters, but for years they slept on a pullout couch for a week each month. Recently, they had a Murphy bed installed.

Carter’s office costs a fraction of Obama’s, which is $536,000 a year. Clinton’s costs $518,000, George W. Bush’s is $497,000 and George H.W. Bush’s is $286,000, according to the GSA.

Read the entire piece here.  Carter calls Trump “a disaster.”

What Mike Pence Said Twenty Years Ago About Character and the Presidency

Pence Show

CNN found several Mike Pence columns written in the 1990s.  Get the context here.

One of these columns, published at the website of Pence’s old radio show, was titled “Two Schools of Thought on Clinton.”  Here is a taste of that piece:

With the news on August 17th that the President of the United States lied to the American people (and very likely under oath) about an illicit relationship with a college student, readers are no doubt wondering “where to from here?” The two schools of thought can be summed up in the choices presented through various and diverse sources, namely, move on or move out.

The “move on” crowd’s argument goes something like this; ‘the President admitted he made a mistake, you have your pound of flesh, now let’s move on with the serious issues facing the country’. While this approach is appealing even to some of us who have little regard for the policies of this Administration, it’s just not as simple as all that. The ‘Move On Crowd’s argument is predicated on the notion that presidents, just like the rest of us, ought to be entitled to a little privacy. This argument fails on two grounds; (A) President Clinton made this issue public when he denied it eight months ago and (B) President Clinton is not, by definition, ‘like the rest of us’.

On the first count, the President has admitted to having taken advantage of a college intern working at the White House (that’s a public building) who was on the White House Staff (that’s public employment) on many occasion in and around the Oval Office (again a public building). Also, the President lied about the affair in public and (very likely) under oath in Jones vs Clinton. He also may have used the power of his PUBLIC office to cover up the whole sordid matter. This was not a private matter and cannot legitimately be argued as such. A truly private matter in this realm might be an affair between the President and a friend not working in the White House for whom no favors were granted and no cover-up attempted. That, it seems to me, could be argued as part of one’s (immoral) private life. Ms. Lewinski is a part of the President’s public life not his private life.

On the second count, that the President is ‘just like the rest of us’, he is the most powerful man in the world. If you and I fall into bad moral habits, we can harm our families, our employers and our friends. The President of the United States can incinerate the planet. Seriously, the very idea that we ought to have at or less than the same moral demands placed on the Chief Executive that we place on our next door neighbor is ludicrous and dangerous. Throughout our history, we have seen the presidency as the repository of all of our highest hopes and ideals and values. To demand less is to do an injustice to the blood that bought our freedoms.

So we get to the other, and in my view, only school of thought remaining. For America to move on, and we must, the Clintons must move out of the White House. Either the President should resign or be removed from office. Nothing short of this sad conclusion will suffice to restore the institution of the presidency to its former and necessary glory.”

Pence, of course, is not the first pro-Trumper who wanted Bill Clinton removed on the grounds that his character was not befitting of the office.  I chronicle a few more of them in Believe Me: The Evangelical Road to Donald Trump.

Trump Beleive me

Mount Vernon Names Kevin Butterfield Director of the George Washington Presidential Library

Smith library

Here is the press release:

MOUNT VERNON, VA—The Mount Vernon Ladies’ Association today tapped a noted American historian, Dr. Kevin Butterfield, to serve as the executive director of The Fred W. Smith National Library for the Study of George Washington (Washington Library), the premier center for the study of our first President.  As the executive director of the Washington Library, Butterfield will foster serious scholarship about George Washington and his era while also developing new and furthering existing cutting-edge academic and public programs, as well as growing the library collection.

“Kevin brings a fresh set of bold ideas and vision to take the Library to the next level—He’s a great scholar, but also has the rare gift of leadership,” said Mount Vernon president Doug Bradburn. “Our first five years were exceptional; I can’t wait to see what Kevin does in the coming years. The country needs George Washington’s wisdom and example as much as ever.”

Butterfield comes to Mount Vernon from the University of Oklahoma, where he serves as Director of the Institute for the American Constitutional Heritage and Constitutional Studies Program and holds an appointment as Wick Cary Professor and Associate Professor of Classics and Letters.  A specialist in the founding era, he boasts a lengthy list of publication and teaching credits on topics related to the founding period, including one prize-winning book about early American legal history and several articles.

Butterfield has been honored with many fellowships to support his research from institutions such as the American Antiquarian Society, Winterthur Museum, the National Endowment for the Humanities, the Andrew W. Mellon Foundation at the Huntington Library, the Robert H. Smith International Center for Jefferson Studies at Monticello, and many others. In his role as the head of the Institute for the American Constitutional Heritage at the University of Oklahoma, he engaged multiple public audiences in exploring current affairs with a historical approach focused on the Constitution and civic engagement.

“Kevin Butterfield is a superb choice to be the new Executive Director of the Fred W. Smith National Library for the Study of George Washington,” said Pulitzer Prize-winning historian Gordon S. Wood.  “He combines excellent administrative experience with a deep understanding of history, precisely the talents needed for this important position.”

Butterfield will become the second historian to lead the Washington Library, replacing its founding director, Dr. Douglas Bradburn, who was named president of George Washington’s Mount Vernon in January 2018. Since its opening in 2013, the Washington Library has rapidly established itself as the premier center for the study of George Washington, a leading institution fostering scholarship and education in the history of the founding era of the U.S., and an innovative leader in the creation and dissemination of historical learning to a variety of audiences.

The Washington Library has held impactful conferences with prominent institutions in early American history, created a popular research fellowship program, and hosted more than 24,000 people at public events, teaching institutes, and leadership programs. The Washington Library has produced award-winning documentaries on the founding era, created ground-breaking educational experiences both on-site and across the country, and established the George Washington Leadership Institute as a top program for leadership studies.

A completely private and independent research library, the Washington Library is owned and maintained, along with Mount Vernon, the historic estate of George Washington, by the Mount Vernon Ladies’ Association. Butterfield holds a B.A. in History from the University of Missouri, an M.A. in History from the College of William and Mary, and a PhD in History from Washington University in St. Louis. He will begin his duties as Executive Director on August 1, 2018. 

It’s Official: Monticello Affirms Thomas Jefferson Fathered Children with Sally Hemings

2c666-monticelloflickr

It was announced on June 6, 2018.  Here is the press release:

The issue of Jefferson’s paternity has been the subject of controversy for at least two centuries, ranging from contemporary newspaper articles in 1802 (when Jefferson was President) to scholarly debate well into the 1990s. It is now the Thomas Jefferson Foundation’s view that the issue is a settled historical matter.

A considerable body of evidence stretching from 1802 to 1873 (and beyond) describes Thomas Jefferson as the father of Sally Hemings’s children. It was corroborated by the findings of the Y-chromosome haplotype DNA study conducted by Dr. Eugene Foster and published in the scientific journal Nature in November 1998. The DNA study did prove paternity of a Jefferson family member and corroborated the ample documentary and oral history evidence. Other evidence supports Thomas Jefferson’s paternity as well, including his presence at Monticello during Sally Hemings’s likely windows of conception, the names of Hemings’s surviving children, and the fact that all of her children were granted freedom – they were either allowed to leave the plantation, or legally emancipated in Jefferson’s will, a unique occurrence among Monticello’s enslaved families. The summary of the most important evidence proving Jefferson’s paternity is listed below.1

  1. Madison Hemings provided an account of his mother’s life that was published in an Ohio newspaper in 1873. The basic outline of Madison Hemings’s account, including his mother’s “treaty” with Jefferson and the freedom granted to him and his siblings, was well known to his community before it was published. His narrative is the most important extant evidence and much of the corroborating evidence supports the outline of his narrative.
  2. The Foster et al. (1998) DNA study revealed that male-line descendants of Eston Hemings (a son of Sally Hemings) and male-line descendants of Field Jefferson’s father (who was Thomas Jefferson’s grandfather), shared the same Y-chromosome haplotype.  This demonstrates that Eston’s father was a Jefferson male. This result not only corroborates Madison’s account in the Pike County Republican, it definitively refutes the claims by Jefferson grandchildren, including Ellen Randolph Coolidge and her brother Thomas Jefferson Randolph, that either Peter or Samuel Carr (they could not agree on which one) was the father of Sally Hemings’s children.
  3. Madison Hemings was described by a U.S. census taker as the son of Thomas Jefferson in 1870.
  4. Israel Gillette Jefferson, formerly enslaved at Monticello, corroborated Madison Hemings’s claim in the same newspaper, referring to Sally Hemings as Thomas Jefferson’s “concubine.”
  5. Eston Hemings changed his racial identity to white and his surname to Jefferson after moving from Ohio to Wisconsin in 1852.  Newspaper accounts in Chillicothe, Ohio, in 1887 and 1902 recalled that Eston resembled Thomas Jefferson.
  6. The two oldest surviving children of Sally Hemings, Beverly Hemings (a male) and Harriet Hemings, were both allowed to leave Monticello without pursuit and were described as “run away” in Jefferson’s inventory of enslaved families. In an 1858 letter to her husband Joseph Coolidge, Jefferson’s granddaughter, Ellen Wayles Randolph Coolidge, (while denying Jefferson’s paternity) described Sally Hemings’s children as “all fair and all set free at my grandfather’s death, or had been suffered to absent themselves permanently before he died.”
  7. Jefferson’s records of his travels and the birthdays of Sally Hemings’s children reveal that he was present at Monticello during the estimated dates of conception for all six of Hemings’s documented offspring. Statistical modeling shows the likelihood of this coincidence for any other male (if we assume that Thomas Jefferson is not the father) as 1 percent, or 1 chance in 100 — strong evidence of Thomas Jefferson’s paternity.2
  8. Oral tradition connecting the Hemings and Jefferson families was transmitted among the descendants of both Madison Hemings and Eston Hemings over many generations. Madison Hemings calls Jefferson his “father” in his 1873 recollections, a fact repeated by his descendants.  Eston Hemings’s descendants altered their family history to state that they were related to one of Thomas Jefferson’s relatives in order to hide Eston Hemings’s decision to change his racial identity when he moved to Wisconsin.
  9. Jefferson freed all four surviving Hemings children (in accordance with the terms of his negotiation with Sally Hemings, as reported by her son Madison). He did not grant freedom to any other enslaved nuclear family.
  10. The names of Sally Hemings’s four surviving children — William Beverly Hemings, Harriet Hemings, James Madison Hemings, and Thomas Eston Hemings — suggest family ties to Thomas Jefferson. Annette Gordon-Reed outlines these naming connections in her book, Thomas Jefferson & Sally Hemings: An American Controversy (1997).  A man named William Beverly accompanied Jefferson’s father on an expedition through Virginia in 1746, and he was connected to Jefferson’s mother’s family by blood and marriage. There were multiple Harriets in the Randolph family, including a sister and a niece of Thomas Mann Randolph, Jefferson’s son-in-law. Madison Hemings was named at the request of Dolley Madison, whose husband, James Madison, was one of Jefferson’s close friends. Historian and biographer Fawn Brodie offered two possible explanations for Eston Hemings’s name: Eston was the birthplace of Jefferson’s maternal ancestor, William Randolph, in Yorkshire, England. Thomas Eston Randolph was also a first cousin of Jefferson; Jefferson described their two families as being “almost as one.”3Furthermore, it was convention for Jefferson to be involved in the naming of family members. His children with Martha Jefferson were given the names of his sisters and mother, and he personally named each of his grandchildren.4

Why Remove the Qualifiers?

As the Thomas Jefferson Foundation began planning The Life of Sally Hemings, an exhibit that relies on the account left by her son, Madison Hemings, it became apparent that it was time to reexamine how to characterize Jefferson’s paternity. For nearly twenty years, the most complete summary of evidence has remained the report authored by the Foundation in January 2000. While there are some who disagree, the Foundation’s scholarly advisors and the larger community of academic historians who specialize in early American history have concurred for many years that the evidence is sufficiently strong to state that Thomas Jefferson fathered at least six children with Sally Hemings.

In the new exhibit exploring the life of Sally Hemings, her choices, and her connection to Thomas Jefferson, as well as in updates to our related online materials and print publications, the Foundation will henceforth assert what the evidence indicates and eliminate qualifying language related to the paternity of Eston Hemings as well as that related to Sally Hemings’s three other surviving children, whose descendants were not part of the 1998 DNA study. While it remains possible, though increasingly unlikely, that a more comprehensive documentary and genetic assemblage of evidence could emerge to support a different conclusion, no plausible alternative with the same array of evidence has surfaced in two decades.

  • 1.All the evidence enumerated comes from the unpublished Report on Thomas Jefferson and Sally Hemings, TJMF, January 2000, section IV, pp. 6-8, and Appendix F, “A Review of the Documentary Evidence,” pp. 1-7. The entire report and other resources are available online at https://www.monticello.org/site/plantation-and-slavery/jefferson-hemings….
  • 2.Bayes’ theorem allows us to measure just how strong. To take advantage of it, we need to be willing to summarize the strength of evidence that Jefferson was the father, based on other evidence (say the DNA result and Madison’s testimony), as a “prior” probability. Bayes’ theorem allows us to rationally update this prior probability, using the 1 percent likelihood, to yield a posterior probability that Jefferson was the father of all six children. Given a prior probability of 50%, Bayes’ theorem yields a posterior probability of 99%: 99 chances out of 100 that Jefferson was the father of all six children.
  • 3.Fawn M. Brodie, Thomas Jefferson: An Intimate History (New York: Norton, 1974).
  • 4.Annette Gordon-Reed, Thomas Jefferson & Sally Hemings: An American Controversy (Charlottesville: University of Virginia Press, 1999) pp. 196-201.