Recently, I finished an interesting book by Mike Duncan called The Storm before the Storm; a history of the last years of the Roman Republic, before the Caesars turned it into an empire. It is a fascinating period of history, with a number of cautionary messages for our own current political reality: a deep fear of the rising influence of immigrants, rapidly widening wealth disparity, and the disintegration of societal and political mores.
Of particular note however, on this unusually temperate February night, is the issue of executive power. The White House has just announced that President Trump will sign the federal budget without the monies for his border wall. But they also announced that he would additionally sign a declaration of national emergency, which would — arguably illegally — give him the powers to siphon off other monies to pay for his pet project.
In the year 81 BCE, the Roman general Lucius Cornelius Sulla also declared a national emergency (largely caused by himself), as he marched his army on his own capital. At the point of a sword, he forced the Senate to declare him dictator — a role that the Roman constitution had instituted for national emergencies (and which was limited to a term of six months) — giving him the power to establish any laws he chose and free reign to massacre his enemies with impunity.
After eliminating all those enemies, Sulla did eventually lay down his dictatorship after a year, and moved back into the traditional roles of Roman government, becoming consul in 80 BCE. But the damage to the institutions of government had been done: and it was little more than 30 years later when Julius Caesar would again take up the title, eventually having himself declared dictator for life.
Throughout the past two years, we have seen the President chaffing at any limitations on his authority. He undermines the judiciary (https://abcnews.go.com/Politics/chief-justice-john-roberts-rebuts-trump-obama-judge/story?id=59344259), he misuses the military (https://www.nytimes.com/2019/01/14/us/troops-border-wall.html?smprod=nytcore-ipad&smid=nytcore-ipad-share), he bullies congress. I do not really worry about Donald Trump becoming a dictator (though I have little doubt that it is a roll he would love): he lacks the intelligence and military support necessary. But I do worry about the toll his actions will take on our balance of powers in the long run.
The Roman historian Velleius Paterculus wrote, “precedents do not stop where they begin, but, however narrow the path upon which they enter, they create for themselves a highway whereon they may wander with the utmost latitude; and when once the path of right is abandoned, men are hurried into wrong in headlong haste, nor does anyone think a course is base for himself which has proven profitable to others.”
My worry is that at some point in the not-too-distant future someone will become President who does have the intellect and power base to change the way that our republic operates. And having seen the success of Donald Trump at undermining those institutions, he or she will follow in his footsteps, and our democracy will be at an end.
Unless Congress moves quickly to counter Mr. Trumps executive over-reach, the precedent will be set, and there will be no going back. While the structures of our Republic are strong, I fear that we have become complacent in assuming that they will stand forever without needing defense. The structures of the Roman Republic were also strong — lasting for nearly 500 years. And then came Sulla. And then came Caesar.