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Thursday, November 22, 2018

Thanksgiving Proclamations

Richard Samuelson at Law and Liberty:
George Washington set the tone for the office in many ways, none more so than in his Thanksgiving Proclamation, given in October, 1789, seven months after he took the oath of office. Why have such a proclamation at all? Where in Article I, Section 8 (the section that lists the powers the people gave the federal government) is the power to proclaim a federal holiday? In 1791 James Madison would criticize Alexander Hamilton’s assertion that the U.S. government has the authority to create a national bank, for nowhere in the Constitution did the people give the federal government the right to create a bank or to create a corporation (an entity that had traditionally been regarded as a “person” in the eyes of the law). And fourteen years later, the Louisiana Purchase would tie President Jefferson in knots, for nowhere did the people give the U.S. government the right to acquire territory. Yet Madison lost the national bank argument in 1791 and by 1816 he had changed his mind about its constitutionality. Meanwhile, Jefferson didn’t stop the Senate from ratifying the Louisiana Purchase. In other words, he and Madison implicitly accepted that there are some powers that belong to government due to the nature of the thing, and when the people created the U.S. government they, of necessity, allowed it those powers without which no government can function.
The authority to proclaim a Thanksgiving might seem trivial to us—mere words, and an idle declaration. But it is, in fact, fraught with meaning, for the assumption of such authority highlights the degree to which a President is, by nature, much like a monarch—albeit an elected one. Similarly, it points us to the limits of secular nationalism.
Consider President Washington’s Thanksgiving Proclamation. He begins with the universal “duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor.” But then he stops, as if he knew some might ask why the President is involved. Washington goes on, “Whereas both Houses of Congress have, by their joint committee, requested me ‘to recommend to the people of the United States a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a a form of government for their safety and happiness.’” Congress asked Washington to proclaim the day. An interesting request. Congress did not pass a law proclaiming a day of Thanksgiving. Such an act may, according to some constructions of the Constitution, have crossed over into an establishment of religion. Instead, they have merely asked the President to “recommend” such an observance to the people. But if it’s not a law, wherefore does the authority come from? It must adhere in the nature of the thing.