CREATORS
May 27, 2025
The dominance of the executive in American government today
was set in motion nearly two centuries ago.
Former President Andrew Jackson was the first president to
suggest that being the only official elected by all the people bestowed on the
office a mandate from the American people.
Sound familiar? President Donald Trump claimed a mandate
from the American people. He said during a speech to the FBI, "The
American people have given us a mandate, a mandate like few people thought
possible."
Jackson won 56% of the popular vote in 1828. With his
"mandate," he expanded the power of the presidency. In doing so, he
incurred the wrath of his political opponents. Jackson beat Adams, who four
years earlier had bested Jackson in a controversial election that was thrown to
the House of Representatives to resolve.
Passions in the early 19th century were high, not unlike today.
Then Secretary of State, and later U.S. Senator, Henry Clay told Senator, and
future Secretary of State, Daniel Webster, the election of Jackson was
"mortifying and sickening to the heart of the real lovers of this
government."
A close examination of Jackson's presidency reveals many
similarities to the controversial issues we read and hear about today. Jon
Meacham's book "American Lion: Andrew Jackson in the White House"
provides such an examination.
Jackson had his battles with the U.S. Supreme Court. When
Chief Justice John Marshall ruled in favor of the Cherokees in a dispute with
the federal government, Jackson was reported to have said, "Well, John
Marshall made his decision now let him enforce it."
Although Meacham thought the quote was "historically
questionable," he believed it was philosophically accurate. Jackson
believed that a president should not just defer to the wishes of the courts or
Congress but should make his own independent interpretation of important issues
and rulings.
Today, the president is also at odds with the courts. He has
called for the impeachment of judges who rule against the interests of his
administration and his administration has defied orders of the court.
There was even discussion of Jackson's impeachment. He was considered
a radical president, and an impeachment was a radical solution. Although
Jackson was never impeached, he was censored by the U.S. Senate and fought for
years to have the stain on his record expunged from the annals of the Senate.
When Jackson's subordinates refused to carry out his
directions, he was not above replacing them. He orchestrated a mass resignation
from his cabinet during his first term — and fired his Secretary of the
Treasury when he refused to defund the National Bank during his second term.
According to data from the Brookings Institution, Trump had
14 cabinet secretaries resign during his first term. More than any modern
president.
Just as the Trump administration has deployed federal troops
to the southern border, Jackson pushed for a "Force Bill" when South
Carolina teetered on the brink of succession in 1833. The Force Bill would have
permitted Jackson to use federal troops against American citizens to enforce
federal law, which some describe as a "Jacksonian dictatorship."
Jackson's use of the bully pulpit, as Theodore Roosevelt —
an admirer of Jackson — called it, seems more benevolent than the current
president. Jackson's priority was to keep the union together. Thirty years
before the Civil War, the threat of "nullification" was hanging over
the country. The South, led by South Carolina, was threatening to leave the
Union.
In a message following an adverse ruling by the Supreme
Court, Jackson wrote, "The authority of the Supreme Court must, therefore,
not be permitted to control the Congress or the Executive when acting in their
legislative capacities."
He was called a despot and emperor, but Meecham pointed out
that his message concluded with, "I have now done my duty to my country
... If sustained by my fellow-citizens, I shall be grateful and happy; if not,
I shall find in the motives which impel me ample grounds for contentment and
peace."
Would we be naive to expect to hear such magnanimity from
today's White House?
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly
& George P.C. His book The Executioner's Toll, 2010 was released by
McFarland Publishing. You can reach him at www.mattmangino.com and follow him
on Twitter @MatthewTMangino
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