Constitutional Law
Americans Wary of Increased Presidential Power, Poll Finds
Posted Sep 17, 2009 6:27 AM CST
By Debra Cassens Weiss
A new poll on constitutional attitudes finds that Americans are more supportive of the rule of law, even at the expense of public safety, and are increasingly wary of presidential powers used to improve the economy.
Seventy five percent of those polled said they opposed giving the president more power, at the expense of the power of Congress and the courts, if they thought it would improve the economy, according to results (PDF) of a poll by the Associated Press and the National Constitution Center. Last year, 66 percent opposed increased presidential powers to help the economy.
In a related topic, Americans strongly oppose allowing the government to take partial ownership of private enterprise, even if it would prevent them from going out of business (71 percent) or losing jobs (66 percent), or if the failure of the industry would seriously harm the economy (60 percent), according to a press release (PDF).
Americans are increasingly supportive of the rule of law, according to the poll. Sixty-one percent of the respondents said the rule of law should be followed, even if it comes at the expense of public safety, up from 54 percent last year.
Hat tip to the Volokh Conspiracy.

Comments
John
Sep 17, 2009 6:45 AM CST
It is a bit amusing, and a bit sad, that Americans only become wary of government power when it is used in a way intended to help the less fortunate.
However, when it is used to deny citizens constitutional rights, worry over government largesse is minimal.
After all, we have nothing to fear if we’ve done nothing wrong. However, if we’ve only done right, then we should all fear government taking our profit and placing it in the hands of the poor.
This is not to say I prefer either expansion of government power, but that I fear the expansion designed to silence critics and violate liberties more than ill-fated, poorly designed efforts to improve daily life.
Most of America, however, seems to fear the latter more than the former. Ah well. Democracy.
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AndytheLawyer
Sep 17, 2009 9:31 AM CST
John—this wariness doesn’t only arise then. Lots of us decried the Bush/Cheney paradigm that tried to elevate America’s chief executive into its god-emperor.
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associate
Sep 17, 2009 9:55 AM CST
I fear the extra-constitutional expansion of executive power (and legislative power) just as every knowledgable American should. If the govn’t is not bound by the rule of law, then what are they bound by? And what happens when the power given to the govn’t is being wielded by someone (or some group) you disagree with?
PS: We are not a democracy. The founders considered a democracy and decided on a multi-headed republic instead.
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George Patsourakos
Sep 17, 2009 12:14 PM CST
President Obama’s immediate predecessor, President Bush, abused presidential power by using the 9/11 terrorist attacks to frighten Americans and Congress. This was especially true of the unprecedented powers Congress gave President Bush in the Patriot Act.
President Obama is now abusing presidential power by allowing the federal government to give many billions of taxpayers’ dollars to corporations by using the current recession as a scapegoat for his stimulus program. This is setting a very bad precedent for future presidents, as corporations will also expect federal bailouts in the future.
The United States is supposed to be a democracy with a capitalist economic system. Corporations should be able to operate without government bailouts—even if that means that they go out of business. For the government to “throw money” at these corporations in order for them to survive is a clear indication of American socialism.
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Curtis
Sep 18, 2009 11:37 AM CST
A government large enough to provide you with everything you want is powerful enough to take everything you have.
While it might substantially reduce my client base, I would love to have a government that voted for expanding individual liberty and voted against anything that did not. Unfortunately, the only things expanding are the size of government, the size of the deficit, and the number of people who feel that their needs and desires give them the right to confiscate the property and products of those who produce.
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