David Boaz

The U.S. ambassador to the United Nations, Nikki R. Haley, told George Stephanopoulos on ABC’s “This Week” yesterday that “the president is the CEO of the country,” and thus “he can hire and fire whoever he wants. That’s his right.” Leaving aside the question of whether the president can fire everyone in the federal government, she is wrong on her main point. The president is not the CEO of the country. He can reasonably be described as the CEO of the federal government. The Constitution provides that in the new government it establishes, “The executive Power shall be vested in a President of the United States of America.”

Meanwhile, too many people keep calling the president—this president and previous presidents—”my commander in chief” or something similar. Again it’s important for our understanding of a constitutional republic to be clear on these points. The president is the chief executive of the federal government. He is the commander in chief of the armed forces, not of the entire government and definitely not of 320 million U.S. citizens. Article II, Section 2 of the Constitution provides:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.

Too many people who should know better keep getting this wrong. The highly experienced former first lady, senator, secretary of state, and presidential nominee Hillary Clinton for instance, who declared last year on the campaign trail, “Donald Trump simply doesn’t have the temperament to be president and commander in chief of the United States.” (She had also used the term a year earlier, and in her previous campaign she expressed a determination to be the “commander in chief of our economy,” so this wasn’t just a slip of the tongue.)

And also third-generation Navy man, senator, and presidential nominee John McCain who declared his support for President George W. Bush in 2007, saying, the Washington Post reported: “There’s only one commander in chief of the United States, and that’s George W. Bush.”

Now Donald Trump is getting the same treatment. Perhaps it’s no surprise that the Daily Mail, a popular newspaper in a country still headed by a monarch, would write

President Donald Trump sent a message to ex-FBI director James Comey and his detractors as he told Liberty University graduates that ‘nothing is more pathetic than being a critic’ during his first commencement address as the commander-in-chief of the United States.

But how about Democratic strategist Maria Cardona, writing in a Capitol Hill newspaper to mock President Trump’s historical ignorance:

How apropos that this famous and very fitting quote was likely used by the Abraham Lincoln, the president who actually was the commander-in-chief of the United States when the Civil War happened.

Oops.

And here also Tim Weiner, a Pulitzer Prize-winning reporter and author of “Legacy of Ashes: The History of the CIA”: “Our commander-in-chief has made a serious miscalculation.”

The Military Times should know better than to write, “Business mogul Donald Trump was sworn as the nation’s 45th commander in chief on Friday, promising to return government to the people and return American might to the international stage.”

Even Joy-Ann Reid, who hates Trump, gives him a title he doesn’t possess, declaring that Trump’s “greed and neediness and vaingloriousness have made our commander in chief a national security threat.”

In this time when we worry about threats to the Constitution and our liberal republican order, we need to remember the basics. 

This is a constitutional republic, and we don’t have a commander in chief. 

That’s an important distinction, and it’s disturbing that even candidates for the presidency miss it. Hillary Clinton may well have wanted to be commander in chief of the whole country, of you and me, and to direct us and our economic activities the way the president directs the officers and soldiers of the armed forces. But if so, she would have needed to propose an amendment to the Constitution—an amendment that would effectively make the rest of the Constitution irrelevant, since it was designed as a Constitution for a limited government of a free people.

Donald Trump is not my commander in chief. Neither was Barack Obama. Each was elected president, charged with leading the executive branch of the federal government.

Two front-page stories in the Washington Post today tell a depressing story:

President Trump’s most senior military and foreign policy advisers have proposed a major shift in strategy in Afghanistan that would effectively put the United States back on a war footing with the Taliban…more than 15 years after U.S. forces first arrived there.

Seventeen years and $10 billion after the U.S. government launched the counternarcotics and security package known as Plan Colombia, America’s closest drug-war ally is covered with more than 460,000 acres of coca. Colombian farmers have never grown so much, not even when Pablo Escobar ruled the drug trade. 

There are high school students about to register for the draft who have never known a United States not at war in Afghanistan and Iraq. And of course the policy of drug prohibition has now lasted more than a century, though the specific Colombian effort began only under President Clinton around 1998, getting underway in 2000.

I wrote an op-ed, “Let’s Quit the Drug War,” in the New York Times in 1988. Cato scholars and authors have been writing about the seemingly endless war(s) in the Middle East for years now. Maybe it’s time for policymakers to start considering whether endless war is a sign of policy failure.

And maybe one day, a generation from now, our textbooks will not tell our children, We have always been at war with Eastasia.

At the recent Cato40 celebration, Cato’s David Boaz, Ian Vasquez and Roger Pilon discussed Cato’s history and its role in promoting liberty.

I heard a report this morning on BBC Newshour on the shortage of dentists in Ivory Coast (Cote d’Ivoire). I can’t find the report at the Newshour website, but here’s something similar from CNBCAfrica, coauthored by a Unilever representative. It’s a sad story of disease, pain, and school absenteeism.

But stories like this miss the point. Why does Ivory Coast have so few dentists? Why does the Gates Foundation need to buy mosquito nets for African countries? It’s not because there’s something special about dentists and mosquito nets. It’s because African countries are poor. And they’re poor because they lack freedom, property rights, markets, and the rule of law.

Take Cote d’Ivoire. In the 2016 Economic Freedom of the World Report, Cote d’Ivoire ranks 133rd in the world for economic freedom. On page 66 of this pdf version, we see that it rates particularly badly on “Legal System and Property Rights.” You can’t generate much economic growth if you don’t have secure property rights and the rule of law. It also rates badly on regulatory barriers to trade and capital controls. 

On the broader Human Freedom Index, we see on page 63 that Cote d’Ivoire also rates low for freedom of domestic movement, political pressure on the media, and procedural, criminal, and civil justice.

African countries have severe tariff and nontariff barriers to free trade, reducing the benefits they can gain from specialization and the division of labor, even among sub-Saharan countries themselves.

The long-term way to get more dentists and mosquito nets in Africa is not Western aid or charity, it’s freedom and growth. Those who want Africa and Africans to have better lives need to encourage African countries to move toward the rule of law, free trade, property rights, and open markets. 

The Washington Post reports:

Del. David B. Albo … (R-Fairfax) surprised his party by announcing Wednesday that he won’t seek a 12th term [in the Virginia legislature].

Really? After 12 terms in office it’s a surprise when a politician doesn’t run for a 13th term? Or it’s “shocking” when an 80-year-old U.S. senator doesn’t seek to add to her 40 years in Congress?

Maybe it’s time to limit terms. The American Founders believed in rotation in office. They wanted lawmakers to live under the laws they passed—and wanted to draw the Congress from people who have been living under them. And polls show that contemporary Americans agree with them.

Only 15 percent of Americans approve of Congress’s performance. Yet in almost every election more than 90 percent of incumbents are reelected. In fact, the most common reelection rate for House members over the past 30 years is 98 percent. Even when voters are angry, it’s hard to compete with the power of incumbency.

Americans don’t want a permanent ruling class of career politicians. But that’s what the power of incumbency and all the perks that incumbents give themselves are giving us.

We want a citizen legislature and a citizen Congress—a government of, by, and for the people.

To get that, we need term limits. We should limit members to three terms in the House and two terms in the Senate. There must be more than one person in San Francisco capable of making laws. And more than one family in Detroit.

Term limits might result in the election of people who don’t want to make legislation a lifelong career.

Some say that term limits would deprive us of the skills of experienced lawmakers. Really? It’s the experienced legislators who gave us a $20 trillion national debt, and the endless war in Iraq (and Yemen and Syria), and a Veterans Affairs system that got no oversight, and massive government spying with no congressional oversight, and the Wall Street bailout.

Politicians go to Washington and they forget what it’s like to live under the laws they pass. As we’ve seen in some recent elections, they may not even keep a home in the district they represent.

When journalists and political insiders are surprised and shocked by the retirement of legislators who have served for decades, it’s time for new blood.

Political scientists say the evidence on the effect of term limits is mixed. But the evidence on the effects of the permanent congressional class is pretty clear.

For more on term limits, see the Cato Handbook for Congress, Ed Crane’s 1995 congressional testimony, or this very thoughtful article by Mark Petracca, “The Poison of Professional Politics.”