Power, Rhetoric, and the State: A Theory of Presidential Legitimacy
Most studies of presidential power assume that legitimacy is derived from the Constitution. This essay argues that presidents can become authors of their own legitimacy, whether understood in normative or behavioral terms. Specifically, the thesis is that presidential assertions of power, cloaked in an antipower rhetoric which formally honors the dominant values of the culture, have created an American state that has served as an extraconstitutional source of presidential legitimacy. It is widely believed that American constitutionalism undermined the state by destroying sovereignty. Lincoln's interpretation and use of the war power, however, denned a supreme national authority located in the presidency. In addition, his Gettysburg Address provided a paradigmatic metaphor for concealing presidential power rhetorically. Subsequent presidents have taken advantage of both effects by attempting to assert power as revolutionary principle. Linguistically, these concealments are reflected in tropes which constitute legitimizing defenses for exercise of extraordinary power.