The Presidency Won’t Go Back to How It Was
After years of Donald Trump’s boorish defiance of presidential norms, his incitement of the violence at the Capitol closed his term with a demented rave that shamed American democracy. Tomorrow Joe Biden will return the presidency to a more decorous and honorable choreography. But in important respects, Biden cannot restore normalcy. Trump’s most profound and least recognized contributions to the office he abused are a reorientation of some of the presidency’s important powers and responsibilities. Once-fringe understandings about the role of the president approached acceptance under Trump in ways that Biden cannot dismiss, and they could transform how the great office functions for years to come.
True, Biden’s time in office will witness reversals by conservatives and progressives on some of the uses and limits of presidential power. The Harvard law professor Adrian Vermeule predicted at the dawn of the Trump administration that the sides would reverse their positions about aggressive uses of presidential administration. He compared the pattern to two lines of dancers in a Jane Austen novel who move to opposite sides of the ballroom and then continue dancing as before. “The structure of the dance at the group level is preserved; none of the rules of the dance change; but the participants end up facing in opposite directions.”
In many instances, Vermeule’s prediction was right. Political actors and commentators supportive of Barack Obama’s —his aggressive use of executive orders, law-stretching interpretations of delegated power, and broad conception of
