Lawfare Daily: Lindsay Chervinsky on ‘Making the Presidency’
Sep 23, 2024
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Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon and the author of a celebrated book on John Adams's presidency. She discusses how Adams navigated conflicts while establishing presidential norms and defended his authority amid opposition. The conversation explores the intricate dynamics of presidential power, the challenges of military and diplomatic strategies, and the historical implications of the presidential pardon. Chervinsky sheds light on how these foundational elements shaped today's governance.
Adams reinforced the norm of peaceful power transitions, showcasing the viability of nonviolent governance amidst political turbulence.
He faced internal cabinet struggles that challenged his authority, forcing him to define the presidency's role in American politics.
Adams navigated foreign policy tensions with France, emphasizing diplomacy over military conflict despite significant partisan pressures for war.
Deep dives
The Role of John Adams in Peaceful Transitions of Power
John Adams played a crucial role in establishing the norm of peaceful transitions of power in U.S. governance. As part of the first and second peaceful transfers following George Washington's presidency, Adams's actions reinforced the idea that power could change hands without resorting to violence. He encouraged cooperation with his successor and sought to maintain stability in the cabinet, despite facing significant challenges in asserting his authority. By navigating the difficulties of his administration and ensuring a nonviolent transition, Adams set a precedent that has become integral to American democracy.
Challenges of Executive Authority in Adams's Presidency
The presidency faced significant challenges as the cabinet attempted to assert more control in the absence of Washington's unquestioned authority. Adams found himself in a power struggle with cabinet members who believed they should have equal say in governance, often undermining his decisions. This dynamic created tension between the president and his advisors, particularly as Adams tried to establish that the presidency held ultimate authority in matters of governance. Through this struggle, Adams had to navigate the complexities of executive power and work to define the role of the presidency in American political history.
Diplomatic Efforts in the Face of Partisan Conflicts
Adams's presidency was marked by the contentious foreign policy landscape dominated by tensions with France and internal partisan divides. The quasi-war with France exemplified the difficulties faced by Adams as he worked to balance aggressive cabinet pressures for war while pursuing peaceful diplomatic solutions. His decision to send a diplomatic mission to France became controversial and highlighted the intense scrutiny he faced from political adversaries who sought to frame him as too militaristic. Ultimately, Adams's diplomatic efforts successfully prevented military conflict and allowed for continuity in U.S. foreign relations.
Establishing the Power of Presidential Pardons
Adams's use of the presidential pardon power played a significant role in shaping the executive's authority and reinforcing its legitimacy in American governance. Unlike previous presidents, Adams exercised this power amid considerable opposition, demonstrating that the presidency could act independently despite challenges from Congress and his cabinet. His clemency towards those convicted during the Freeze Rebellion showcased that the president had discretion in matters of justice, effectively broadening the established understanding of executive power. This precedent laid the groundwork for future administrations to utilize the pardon power as an autonomous executive function.
The Importance of Executive Privilege in Governance
Adams’s assertion of executive privilege during his diplomatic dealings with Congress illustrated the ongoing struggle between the executive and legislative branches over sensitive information. By delaying the release of reports from his diplomats in France, Adams protected his administration's interests while demonstrating the necessity of discretion in foreign affairs. This tactical use of executive privilege was not uncommon but reflected the ongoing tensions inherent in interbranch relationships during his presidency. Ultimately, Adams established protocols that emphasized the need for confidentiality in diplomacy while navigating the pressures from Congress.
Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential power while it was under assault by both his Jeffersonian foes and the radicals of his own Federalist party.
