Woodrow Wilson’s Case Against the Constitution
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Woodrow Wilson is best known for expressing his intent, in his April 1917 war message to Congress, to make the world “safe for democracy.” As I say in my commentary, “Woodrow Wilson’s Case Against the Constitution,” published on May 31, by the Washington Times: “Much less known is the key role Wilson earlier played – as a professor of political science and president of Princeton University – in the Progressive Era project to ‘make the United States safe for the modern administrative state.’”
But long before becoming president, as a political science professor and then president of Princeton University, Wilson’s aim was nothing less than establishing the theoretical basis for remaking the American system of government in accordance with p then-emerging Progressive Era ideals. As my piece shows, Wilson “exhibited remarkably little reticence regarding his objective – and the need, in his view, to alter the then-prevailing understanding of the Constitution’s dictates.”
For Wilson – and his Progressive acolytes – traditional understandings of the Constitution, especially those relating to separation of powers and popular consent, were obstacles to be overcome. In their view, “modern government” should be guided by administrative agency “experts” with specialized knowledge beyond the ken of ordinary Americans – and that these experts shouldn’t be unduly constrained by ordinary notions of democratic rule or constitutional constraints.
After explaining how Wilsonian theory and Progressive Era conceptions of government have led to today’s burgeoning administrative state, I pose this question near the end of my essay: “Have Woodrow Wilson and the Progressive Era theorists so thoroughly prevailed that surrender is the only option?”
Although largely a subject for another day, “for starters” I do point the way for at least imposing some constraints on the exercise of overly broad agency discretion.
The entire “Woodrow Wilson’s Case Against the Constitution” Washington Times commentary is here.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.