Opinion
Guest Essay
Can Trump
Be a Great President?
Jan. 20,
2025, 5:00 a.m. ET
https://www.nytimes.com/2025/01/20/opinion/trump-great-president.html
By Jack
Goldsmith
Mr.
Goldsmith, a former assistant attorney general under George W. Bush, is a
co-author, with Bob Bauer, of a newsletter about presidential and executive
power.
Donald Trump
enters his second presidency, as he did his first, pledging to wield executive
power in novel and aggressive ways. This is neither new nor necessarily bad.
“Presidents who go down in the history books as ‘great’ are those who reach for
power, who assert their authority to the limit,” the presidential scholar
Richard Pious noted.
But pushing
power to the limit does not guarantee presidential success, much less
greatness, as Mr. Trump is about to discover.
Mr. Trump
ran thrice and won twice on increasingly fervent claims that establishment
institutions and practices were damaged, and on pledges to upend the way
Washington does business. When he is inaugurated as president on Monday, he
will have a second shot at fixing the institutions, policies and ideas that he
has criticized: immigration, the “deep state,” wokeness, suppression of speech,
government inefficiency, free trade, crime and education.
Some critics
claim that Mr. Trump will be acting illegitimately in seeking to reimagine the
nature and operations of the federal government, as if the way things have run
traditionally, or during the post-Watergate period, are invariably good or set
in stone. They are not.
Eminent
presidents acting in new circumstances have since the founding taken a
sledgehammer to the norms and constitutional principles thought to govern the
executive branch and its relationship to other American institutions.
George
Washington acted before there were executive branch precedents. But he
unleashed controversy when he asserted an independent power to interpret the
Constitution, unilaterally proclaimed America’s neutrality in the early wars of
the French Revolution and denied the House of Representatives documents related
to the Jay Treaty. Washington was widely accused of monarchical tendencies in
his day.
As were his
most distinguished successors. Thomas Jefferson changed the presidency to be
openly (and effectively) partisan and agreed to the Louisiana Purchase even
though he believed it was unconstitutional. Andrew Jackson deepened the spoils
system and transformed the veto power. Abraham Lincoln suspended the writ of
habeas corpus, among his many constitutional violations.
Theodore
Roosevelt converted the presidency to a “bully pulpit” and acted on the theory
that the president can do anything not specifically restricted by the
Constitution or Congress. Franklin Roosevelt intensified the president’s direct
connection to Americans, broke the two-term norm and expanded the federal
government and presidential prerogative in unprecedented ways.
In short,
the rules governing the presidency have never been static. The Constitution
created an independent office with vaguely specified powers and few overt
constraints. The office evolved into an immensely powerful institution over the
centuries because domestic and international society grew more complex,
energetic presidents asserted new authorities to meet new challenges, and
Congress and the American people — with occasional exceptions — acquiesced in
the new arrangements.
There is
nothing illegitimate in this pattern. Bold presidential leadership has always
been needed to make American democracy overcome the “perennial gap between
inherited institutions and beliefs and an environment forever in motion,” as
the historian Arthur Schlesinger Jr. put it.
The most
successful presidents anticipated problems others did not see, understood the
inadequacies of inherited institutions and prodded the nation to a new place in
ways that defied prevailing practices and provoked enormous resistance. Think
of Jackson and democracy, Lincoln and freedom, Franklin Roosevelt and equality.
But the
heroic presidency runs the persistent danger of becoming craven or abusive, as
Vietnam and Watergate taught. This is what so many critics worry about with Mr.
Trump — that his transformations will be more resonate of Richard Nixon than of
our most esteemed presidents.
Yet there is
a complementary question that should concern supporters of Mr. Trump: Can he
succeed? He has amassed enormous power in his party and is building an
intensely devoted administration. Those factors will bring him wins in the
short run.
But it takes
extraordinary skill to wield executive power successfully throughout an
administration. If past is prologue, Mr. Trump lacks the acumen to carry out
his ambitious agenda.
The first
problem is management style. In his first term, Mr. Trump was a poor
administrator because of his mercurial, polarizing style and a general
indifference to facts and the hard work of governance. There is no reason to
think this will change in his second term. Mr. Trump also lacks the emotional
intelligence that the great presidents had in various degrees — the
self-awareness, self-control, empathy and ability to manage relationships that
are so vital to steering the ship of state on the desired course.
Second is
the question of whether Mr. Trump knows where he wants to go. “Great presidents
possess, or are possessed by, a vision of an ideal America,” Mr. Schlesinger
noted. Mr. Trump has a powerful slogan, “America first,” a robust agenda, and
many discrete and often insightful political instincts. But he lacks a coherent
sense of the public ends for which he exercises power. This will make it hard
over time for his administration to prioritize challenges, a vital prerequisite
for presidential success. It will also make his administration susceptible to
drift and reactiveness, especially once unexpected events start to crowd the
presidential agenda.
Third,
personal gain was neither a priority of the great presidents nor a guide to
their exercise of power. There is every reason to believe that Mr. Trump’s
personally motivated first-term actions — his insistence on loyalty over other
values, his preoccupation with proclaiming and securing his personal power, and
his indifference to conflict-of-interest norms — will persist. These
inclinations will invariably infect the credibility, and thus the success, of
everything his administration does.
Fourth, Mr.
Trump is unlike any previous president, even Jackson, in broadly delegitimating
American institutions — the courts, the military and intelligence communities,
the Justice Department, the press, the electoral system and both political
parties. This will do him no favors when he needs their support, as he will.
Mr. Trump is
especially focused on eroding the capacity of federal agencies. At the same
time, he has plans to regulate in areas including health, crime, energy and
education, and to deport millions of people, all of which require a robust and
supportive federal work force. Mr. Trump’s twin aims of incapacitating the
bureaucracy and wielding it to serve his ends will very often conflict.
Fifth, Mr.
Trump’s obsession with hard executive power and an extreme version of the
unitary executive theory will be self-defeating. If his stalwart subordinates
carry out his every whim, as he hopes, bad policies will result. If the
loyalists Mr. Trump is putting at the top of the Justice Department do not give
him candid independent advice that he follows, he will violate the law and
often lose in court, as happened in his first term.
The great
presidents used coercive unilateral power when they needed to, but only when
they needed to — none more so than Lincoln and Roosevelt, who faced the most
serious crises in American history. But these presidents also understood that
hard power could go only so far and that persuasion and consent were surer
tools to achieving lasting presidential goals in our democracy. This idea is
lost on Mr. Trump.
Finally, as
Mr. Schlesinger noted, the great presidents all “took risks in pursuit of their
ideals” and “provoked intense controversy.” And, except for Washington, they
all “divided the nation before reuniting it on a new level of national
understanding.”
Mr. Trump is
a risk taker and a divider. But it is hard to see how his approach to the
presidency ends in national reunion.
Jack
Goldsmith (@jacklgoldsmith) is a law professor at Harvard, a nonresident senior
fellow at the American Enterprise Institute and a former assistant attorney
general. He is a co-author, with Bob Bauer, of “After Trump: Reconstructing the
Presidency” and the newsletter Executive Functions.
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