The new book by Jane Mayer (writer for the New Yorker called The Dark Side asserts that President Reagan issued a secret executive order sometime in the 1980’s that “established a means of re-creating the executive branch” that violates the accepted (and legal) order of succession. Bruce Ackerman asks a pertinent question in a recent article on Slate.com, Does the Bush Administration have a similar executive order in place?

If Ms. Mayer’s book is correct and President Reagan did issue an executive order that bypasses the Presidential Succession Act of 1947 then we may have a true constitutional crisis on our hands. Especially in an era where there is the palpable threat of a terrorist attack that just might succeed in taking out the current executive branch.

Now, that being said, would it be hard to believe that an administration that has played fast and loose with Constitutional doctrine over the last 7 years might have a contingency plan to prevent a democratic Congress from taking over the Executive branch should such a disaster occur? It certainly wouldn’t be a very conservative move (if we’re speaking in terms of conservative political doctrine), it would be a revolutionary act that would be the final stroke of an administration that sometimes appears to care very little for the rule of law embodied by the Constitution.

As I have no idea if such an order actually exists, this is all speculation, but, somehow I would not be surprised. It has nothing to do with party politics (I have no party) or red state v. blue state fervor, for me this has serious implications about the stability of our system of government. President Bush II has issued 278 executive orders since 2001 (not to mention hundreds of “signing statements”), 17 of those executive orders have defined orders of succession in the Department of Defense, the Department of State, the Department of Homeland Security and many others. Is it possible that there is a “secret executive order” for the Executive Branch, and if so, does it hold any weight?

I am not one for conspiracy theory (well, aside from loving the theories as a form of entertainment) but this administration is one of the most secretive we’ve ever had, and when these kind of theories are presented, sometimes you just have to wonder. The real question may be, will the next president rescind such an order if it exists?