"Actions which otherwise would be unconstitutional, could become lawful if undertaken for
the purpose of preserving the Constitution and the Nation." The idea that certain
actions are not illegal if used to preserve the best interests of a nation has drawn
sharp criticism from the time of Lincoln through today. Presidents of the United States
do take a solemn oath in which they promise to " . . . preserve, protect, and defend the
Constitution of the United States", but the means which they have employed to accomplish
these ends have greatly differed and have occasionally sparked great controversy. The
unjustified means which Richard Nixon used to defend this nation and its Constitution
have drawn a great deal of attack not only on his methods but also on the greater notion
of Presidential power.
Many Presidents have faced many different tumultuous challenges and obstacles which have
posed potential threats to American societal stability and security. Yet very few have
used such controversial means to overcome these threats. For example, after the birth of
the nation, Executives faced the threats of political division and the ideas of the many
dangerous paths prescribed for the Union. As the debate over slavery escalated, the
future of the states and of the Union seemed uncertain. Furthermore, as the nation moved
rapidly through the Industrial Revolution, the future of the nation's labor force and of
its general welfare seemed uncertain. As time passed, the nation would encounter the
greatest economic depression of all time, and the challenges would continue. Our nation
would still battle the divisive issues of racism and discrimination. Yet none of the
Presidents who governed during these daring times exploited the authority of their
position in unwarranted manners. The Nixon Administration would however, exploit its
authority and attempt to justify its actions based on the 'similar' actions of Abraham
Lincoln.
During the Civil War, this nation's greatest test of will and spirit, President Lincoln
felt it incumbent upon the President to assume certain authority and responsibility not
specifically granted to the Executive by the Constitution. His rationale stemmed from
his desire and oath to preserve the Constitution and the Union as a whole. On the eve of
the Civil War, Lincoln, fearing a strong Confederate threat, initiated a blockade of all
Southern ports; ordering no vessels in or out of the South. Clearly an act of war,
Lincoln faced immediate challenge from Congress and Confederate leaders. His reasoning,
though, for carrying out such a dangerous and controversial act was his belief that it
would tame the South and prevent massive bloodshed in the future. His concerns would
later prove to be warranted.
Although public resentment and dissatisfaction can be used to provoke government action
at any leader's discretion, Lincoln truly believed that the future of the nation was in
jeopardy. He saw the issue of slavery as one which threatened both the economic and
social balances between the North and South and one that could ultimately destroy the
young nation. Lincoln sought to blockade the Southern states and to suspend the writ of
habeas corpus (a power originally granted to Congress) in order to foster stability and
security in the confused nation. He would continually be challenged by Congress, but the
Supreme Court would ultimately uphold his actions as necessary to the security and
interests of the nation, its people, and its future.
While Lincoln was extremely concerned with public opinion, he was not convinced that the
Presidential elections would be the ultimate check. Rather, Lincoln asserted that the
success of the actions taken by a government to preserve its interest and peace cannot be
measured by the electorate but rather by the final outcome of the actions. Nixon's
opinion, however, differed. Richard Nixon saw the ultimate check not in the result or
consequences of his actions, but rather in the response of the electorate / popular
opinion. This, in my opinion, is the dangerous flaw which lead to Richard Nixon's
decline.
Great danger lies in placing too much value on popular opinion. The opinion of the
electorate, while important for electing a President, should not have a great deal to do
with the process of day to day government decision making. Because people can be too
easily convinced and persuaded into believing dangerous popular opinion, too much value
should not be place on the opinion of the masses. This nation has seen a great deal of
popular support for issues like discrimination, segregation and a refusal to grant women
the right to vote, yet now these issues are seen as wrong; morally wrong. The public has
been wrong on such issues all too often and public opinion has been swayed all too easily
over the years. A dependence on public opinion can prove dangerous for a policy maker
and divisive for a nation. Nixon would sadly discover this.
For Nixon to rely upon an election as the ultimate check for the electorate is in my
opinion irrational. A great deal of decision making takes place between every election
and a great deal of information regarding the actions of an Administration remains
confidential. Nixon would then have us believe that the electorate should make a
decision based on only some of the facts. An idea strongly frowned upon by the founding
fathers.
Yet, the matter which I have the greatest disagreement with is Nixon's attempt to
present the political activity of a select few Americans as being on a considerable par
with the events leading up to the Civil War. Furthermore, Nixon's attempt at portraying
himself as being remotely comparable to Lincoln is not well taken. The challenges that
the two men faced were entirely different. The problems plaguing the nation under the
two leaders were extremely different. And the tactics used by one leader were bold and
courageous while the other's were deceitful and deliberate. Nixon's actions were clearly
not essential to national security.
Nixon attempts to validate his argument by stating that the nation was torn apart during
his term of office by the tumultuous times of the Vietnam War era. He attempts to
compare the Civil War, the most difficult time in the history of this country, to the
social protests and challenges of the Vietnam era. The differences are immense. Lincoln
witnessed the very nation that he governed dissolve before him. He witnessed the issue
of slavery eat away at the moral fabric of this nation as it shouldered the economy of
the South and he questioned the future of this nation. Richard Nixon, however, faced no
such threats. He encountered opposition to the Vietnam War and to the American
government shortly after becoming President and he attempts to convince us that the
nation was ideologically "torn apart".
Also, Nixon's attempt to portray the President as somehow being above the law is in
complete contradiction to the principles of the Constitution. Article II, Section 4 to
the Constitution clearly states that " The President . . . shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors."; illustrating that the President is required to abide by a standard of law
and jurisprudence. However, in his interview with David Frost, Nixon states, "well, when
the President does it, that means it is not illegal." This idea that any man or any
elected official is somehow above the reach of the law not only disgraces the electorate
and our Constitution, it also disgraces the office of the Presidency.
Also, later in the same interview, Nixon stated, "I wanted to discredit that kind of
activity which was despicable and damaging to the national interest." While his
intention to discredit actions which may pose a threat to nation security is appreciated,
one has to closely examine the actions themselves and the means by which Nixon chose to
combat them. Nixon no doubt faced a great deal of opposition and potential political
threats during the controversial Vietnam War era, but his use of intelligence agencies to
investigate and infiltrate these protest political operations lowers his actions to a
level equally clandestine and erroneous as that of the protesters and opposition
movements. His doings are no doubt comparable to that of a totalitarian government, not
a democracy.
Additionally, Nixon also mentions in the same interview that although he has not read
the entire Constitution, a disgrace for any United States President, he knows of no law
that places the President above the law of the land; somewhat of a contradiction to his
original statement that if the "President does it, that means its not illegal." Also,
Nixon does say that in times of emergency / war, the President has assumed greater
responsibilities and authority, a practice upheld by the Supreme Court during the Civil
War and the Great Depression. However, unlike the Civil War, the Great Depression or any
other major challenge this nation has faced, Nixon's challenges were not comparable.
They did not warrant illegal investigation and they did not constitute a threat to this
nation's security.
Finally, the notion of Presidential power has been one of responsibility, of morality,
and of Constitutional supremacy. The Constitution grants a great deal of responsibility
to the Executive but it also sets clear requirements and legal guidelines. It clearly
states that no man is above the law, and although a President must face an electorate
every four years, it states that the law is the ultimate check, not the people. Over the
years, the meaning of the Constitution and the interpretation of the Constitution have
changed, yet the responsibility and respect associated with this office have remained
similar. Richard Nixon's practice of investigating individuals, who have never been
suspected of violating the law, whom he believes to be a threat to national security is a
violation of our nation's trust in democracy. Their 'questionable' practices cannot be
compared to the deadly threat of the Civil War and his means of response cannot be
compared to that of Lincoln. His actions are, in essence, a violation of his solemn oath
to faithfully execute the office of President of the United States.
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