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The Precedent Problem in U.S. – The Cipher Brief

by Ryan Simons
February 14, 2026
in World
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OPINION — Greater than a century in the past, Elihu Root warned that American energy was outrunning the establishments meant to manipulate it. Root held distinctive authority on this query. As each Secretary of Conflict and Secretary of State below Theodore Roosevelt, he helped design the establishments and doctrines that carried america from a continental republic into the function of a world actor. He professionalized the Military after the Spanish-American Conflict, imposed civilian and authorized construction on an increasing army, and spent a lot of his profession trying to bind America’s energy to sturdy norms earlier than behavior hardened into entitlement.

That venture issues once more. In January, the Trump administration carried out an operation that resulted in Venezuelan President Nicolás Maduro being taken into U.S. custody and transferred to Florida to face federal narcoterrorism expenses. The motion was legally defensible below present statutes and drew intense consideration at dwelling, dividing home opinion. It was additionally the form of operation Root would have acknowledged as harmful—not as a result of it violated the legislation, however as a result of it normalized the usage of army pressure as an instrument of coverage as soon as authorized justification may very well be established.


Root confronted this downside instantly in 1906, when he provided a sentence that has since been quoted much more typically than it has been examined: “The US is virtually sovereign on this continent, and its fiat is legislation upon the themes to which it confines its interposition.” Learn in isolation, the road can sound jingoistic, a blunt declaration of nationwide entitlement. Root meant one thing narrower and extra cautionary. He was describing a situation of energy, not endorsing it. The sentence mirrored his concern that American dominance exercised with out self-discipline would weaken its personal legitimacy. For Root, it all the time mattered that America acted inside the legislation—however legality couldn’t substitute for judgment. As soon as legislation turned a post-hoc justification slightly than a governing constraint, it might serve energy as a substitute of limiting it.

Root understood this hazard as a result of he had helped construct the system he was warning towards. The Monroe Doctrine, as initially conceived in 1823, was framed as a barrier towards European intervention within the Western Hemisphere. It was defensive in character. The Roosevelt Corollary, which Root helped assemble in 1904, reworked that posture into an assertion of U.S. authority to intervene when Washington judged instability insupportable. The logic was that disciplined American supervision was preferable to both European intervention or regional chaos. In observe, this produced a system of ongoing intervention that stopped wanting formal empire whereas exercising a lot of its capabilities—army occupations in Haiti and the Dominican Republic, repeated interventions in Nicaragua and Cuba, and coercive diplomacy justified within the language of order and stability.

The implications of that association quickly turned seen. Root spent the latter a part of his profession arguing for worldwide arbitration, multilateral establishments, and authorized frameworks that might constrain American energy even because the nation grew stronger. He gained the Nobel Peace Prize in 1912 for that work. However his warning proved simpler to admire than to heed. Over time, his analysis of American dominance flattened into justification and prolonged nicely past its unique hemispheric body.

I acknowledge the enchantment of that logic as a result of I as soon as believed in it. In my twenties, working in Washington on nationwide safety points on the finish of the Chilly Conflict and into the early 2000s, I believed that the freedoms we loved in america had been a privilege that shouldn’t be unique, and that American energy might and needs to be used to defend and prolong the political circumstances that made these freedoms attainable. I typically imagined an America much less burdened by the expectation that each use of energy required an ethical narrative alongside it—extra brazenly transactional, much less apologetic. I used to be a neocon earlier than it mattered, and even perhaps MAGA earlier than it was born. Iraq compelled a reckoning, partly as a result of it revealed how simply energy justified by necessity might outrun foresight, legitimacy, and accountability for what adopted.

Within the Maduro case, the controversy in Washington rapidly narrowed as to whether the seizure may very well be defended legally. That query is important, however incomplete. The rule of legislation is the inspiration of democratic authority, but legality alone can’t carry the burden of clever judgment. A authorities can act inside the legislation and nonetheless act unwisely, weakening the norms it depends upon as soon as energy alone is not ample. American energy needs to be used to confront injustice, and non-military instruments are sometimes preferable to pressure. The query just isn’t whether or not to behave, however how routinely energy is utilized as soon as legality turns into its personal justification.

The Maduro episode is unlikely to be the final software of this logic. Consideration contained in the administration has already shifted towards Cuba, the place Washington is making use of strain by gas interdiction, secondary sanctions, and emergency authorities framed as enforcement slightly than intervention. These measures are calibrated, legally grounded, and wanting struggle. They characterize managed intervention slightly than unconstrained energy.

That distinction issues—but it surely doesn’t resolve the underlying threat. The Caracas operation concerned the direct use of army pressure towards a sitting head of state. Cuba entails financial strain and interdiction. Root would have acknowledged the distinction. He additionally would have understood how the previous creates permission constructions that make escalation from the latter extra probably. The logic that validates measured coercion in Cuba is identical logic that justified seizing Maduro. Every motion establishes precedent for the subsequent. The query just isn’t whether or not any single measure crosses a line, however whether or not the buildup of incremental steps creates a system through which restraint turns into elective slightly than structural.

There’s a deeper rigidity at work. If america treats spheres of affect as an appropriate norm in its personal hemisphere, it turns into more durable to reject comparable claims elsewhere. Vladimir Putin’s arguments about near-abroad authority relaxation on a logic america weakens when it asserts particular prerogatives rooted in energy slightly than precept. The circumstances aren’t morally equal. Putin’s interventions in Ukraine and Georgia contain territorial conquest and the erasure of sovereignty in methods American actions within the hemisphere don’t. However the construction of the argument is analogous sufficient that adversaries will exploit the parallel and allies will discover the inconsistency.

Root understood that sovereignty with out self-discipline invitations decay. The query earlier than us just isn’t whether or not America can act this fashion. Clearly, it might probably. The query is whether or not doing so strengthens the order it claims to steer or erodes it by amassed precedent. Energy exercised with out restraint hardly ever stays distinctive.

Root’s warning was by no means about weak point. It was concerning the distinction between authority and dominance, between management that endures and energy that exhausts itself. A century later, we’re testing that distinction once more.

The Cipher Temporary is dedicated to publishing a variety of views on nationwide safety points submitted by deeply skilled nationwide safety professionals.

Learn extra expert-driven nationwide safety insights, perspective and evaluation in The Cipher Temporary as a result of nationwide safety is everybody’s enterprise.



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