Constitutional dictatorship
Encyclopedia
A Constitutional dictatorship is a form of government in which dictatorial powers are exercised during an emergency. The dictator is not absolute and the dictator's authority remains limited by the constitution.
The early Roman Republic made provision for a dictator who could govern for a period of time but whose actions remained subject to review at the conclusion of the dictator's term.
The United States Constitution
has a similar dictator clause stating that the President "may adjourn [congress] to such Time as he shall think proper".
Abraham Lincoln
, President of the United States during the American Civil War, exercised extraordinary powers to preserve the Union. Lincoln's dictatorial actions included directly ordering the arrest and detention of dissenters and the suspension of the right to writs of Habeas Corpus. Yet Lincoln remained subject to Congressional oversight, judicial review and periodic elections.
The German Republic that succeeded the Imperial German government at the close of the First World War, otherwise known as the Weimar Republic
, adopted a constitutional provision expressly enabling the President to rule by decree and without consultation with the legislative branch. This provision was used by Adolf Hitler
to consolidate his powers upon his selection as Chancellor by President Hindenburg.
Franklin D. Roosevelt
, President of the United States during the Great Depression
and the Second World War, also exercised extraordinary powers in response to both emergencies. Roosevelt's actions included the temporary suspension of the right of contract
, in violation of the United States Constitution, as well as the closing of banks and a moratorium on foreclosure
s. Later, meeting a perceived threat by Japanese nationals and Japanese-Americans, Roosevelt ordered their relocation to internment camps.
In the 21st century, John Yoo
, attorney and legal theorist, has offered a theory of the unitary executive supporting virtually unconstrained authority to be wielded by the United States President in his capacity as commander in chief of the armed forces. The Yoo theory provides the intellectual foundation for many of the actions undertaken by the administration of George W. Bush since the attacks of September 11, 2001.
From Classical Rome through Lincoln, Weimar, and Roosevelt to John Yoo's theory of the unitary executive, the idea of a Constitutional dictatorship remains viable.
The early Roman Republic made provision for a dictator who could govern for a period of time but whose actions remained subject to review at the conclusion of the dictator's term.
The United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
has a similar dictator clause stating that the President "may adjourn [congress] to such Time as he shall think proper".
Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
, President of the United States during the American Civil War, exercised extraordinary powers to preserve the Union. Lincoln's dictatorial actions included directly ordering the arrest and detention of dissenters and the suspension of the right to writs of Habeas Corpus. Yet Lincoln remained subject to Congressional oversight, judicial review and periodic elections.
The German Republic that succeeded the Imperial German government at the close of the First World War, otherwise known as the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
, adopted a constitutional provision expressly enabling the President to rule by decree and without consultation with the legislative branch. This provision was used by Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
to consolidate his powers upon his selection as Chancellor by President Hindenburg.
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
, President of the United States during the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
and the Second World War, also exercised extraordinary powers in response to both emergencies. Roosevelt's actions included the temporary suspension of the right of contract
Freedom of contract
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
, in violation of the United States Constitution, as well as the closing of banks and a moratorium on foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
s. Later, meeting a perceived threat by Japanese nationals and Japanese-Americans, Roosevelt ordered their relocation to internment camps.
In the 21st century, John Yoo
John Yoo
John Choon Yoo is an American attorney, law professor, and author. As a former official in the United States Department of Justice during the George W...
, attorney and legal theorist, has offered a theory of the unitary executive supporting virtually unconstrained authority to be wielded by the United States President in his capacity as commander in chief of the armed forces. The Yoo theory provides the intellectual foundation for many of the actions undertaken by the administration of George W. Bush since the attacks of September 11, 2001.
From Classical Rome through Lincoln, Weimar, and Roosevelt to John Yoo's theory of the unitary executive, the idea of a Constitutional dictatorship remains viable.
Sources
- Rossiter, Clinton, Constitutional Dictatorship: Crisis Government in Modern Democracies (Princeton University Press 1948; Reprinted by Rossiter Press 2007)
- Yoo, John, The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11 (University of Chicago Press 2005)