Our society was one of the first to write a Constitution. This reflected the confident conviction of the Enlightenment that explicit written arrangements could be devised to structure a government that would be neither tyrannical nor impotent in its time, and to allow for future amendment as experience and change might require.
Lloyd N. Cutler is currently Counsel to the President. From 1962 to 1979 he was a partner in the Washington law firm of Wilmer, Cutler & Pickering, and served also on various public commissions. This article is adapted from the Strasburger Lecture delivered at the University of Texas Law School in April 1980. The views expressed are personal to the author. They were formed in large part before he assumed his present position.
[On May 10, 1940, Winston Churchill was summoned to Buckingham Palace.] His Majesty received me most graciously and bade me sit down. He looked at me searchingly and quizzically for some moments, and then said: "I suppose you don't know why I have sent for you?" Adopting his mood, I replied: "Sir, I simply couldn't imagine why." He laughed and said: "I want to ask you to form a Government." I said I would certainly do so.
-Winston S. Churchill
The Gathering Storm (1948)
Our society was one of the first to write a Constitution. This reflected the confident conviction of the Enlightenment that explicit written arrangements could be devised to structure a government that would be neither tyrannical nor impotent in its time, and to allow for future amendment as experience and change might require.
We are all children of this faith in a rational written arrangement for governing. Our faith should encourage us to consider changes in our Constitution-for which the framers explicitly allowed-that would assist us in adjusting to the changes in the world in which the Constitution must function. Yet we tend to resist suggestions that amendments to our existing constitutional framework are needed to govern our portion of the interdependent world society we have become, and to cope with the resulting problems that all contemporary governments must resolve.
A particular shortcoming in need of a remedy is the structural inability of our government to propose, legislate and administer a balanced program for governing. In parliamentary terms, one might say that under the U.S. Constitution it is not now feasible to "form a Government." The separation of powers between the legislative and executive branches, whatever its merits in 1793, has become a structure that almost guarantees stalemate today. As we wonder why we are having such a difficult time making decisions we all know must be made, and projecting our power and leadership, we should reflect on whether this is one big reason.
This is a premium article
You must be a Foreign Affairs subscriber to continue reading. If you are already a print subscriber, click here to activate your online access.
Log In
Buy PDF
Buy a premium PDF reprint of this article.Related
Those who serve in government, especially when under attack, are likely to be conscious--somewhat defensively perhaps--of the spirit of the old Spanish proverb: "It is not the same to talk of bulls, as to be in the bullring." The memory of that sentiment has had some bearing on my observations from the safe distance of private life. It has commended a focus on institutional problems--those that transcend partisanship.
By the early to mid-1980s, the United States will be unable to repose confidence in the ability of all save a small fraction of its silo-housed missile force to ride out a Soviet first nuclear strike. The possible implications of this early predictable development, and the policy choices that it poses for the U.S. government, are the subjects of this article.
Once again we have reached a major turning point in American foreign policy. On this, at least, there is widespread agreement. The conviction that the nation has come to a critical juncture in its foreign relations is broadly shared by those who may disagree on virtually everything else. Everywhere the signs point to the conclusion that for the third time in the post-World War II period we are in the throes of far-reaching change in the nation's foreign policy. What these signs do not divulge are the eventual scope and magnitude of the change.
