Academic

Halberg on Anti-Federalist Fears of Lengthy Presidential Terms

By Lawrence Solum

Caleb J. Halberg (DePaul University - College of Law) has posted Power and Time: Why Anti-Federalists Feared Lengthy Presidential Terms on SSRN. Here is the abstract:

Although they have often been pushed aside by academia, the fears of the Anti-Federalists remain legitimate, even in modern times. In particular, this paper takes another look at the Anti-Federalist concerns with respect to lengthy Presidential terms of office. The Anti-Federalist argument was based on four basic pillars: (1) reelection concerns, (2) aristocracy concerns, (3) distrust of rulers, and (4) stability concerns. Given that the relevant fears of the Anti-Federalists are just as legitimate as they were in the eighteenth century, this article argues that twenty-first century Presidents should only serve a single term. At the very least, the phrase ?one-term President? should not be associated with a ?failed Presidency.? Although the Twenty-second Amendment provides for an upper limit on the length of the Presidential term, it does not need to stand for any sort of desirable status quo.

Full post as published by Legal Theory Blog on December 29, 2010 (boomark / email).