The Sources of American Legitimacy
Robert W. Tucker and David C. Hendrickson
From Foreign Affairs, November/December 2004

Excerpted from Foreign Affairs

Summary: The 18 months since the launch of the Iraq war have left the country's hard-earned respect and credibility in tatters. In going to war without a legal basis or the backing of traditional U.S. allies, the Bush administration brazenly undermined Washington's long-held commitment to international law, its acceptance of consensual decision-making, its reputation for moderation, and its identification with the preservation of peace. The road back will be a long and hard one.

Robert W. Tucker is Professor Emeritus of American Foreign Policy at Johns Hopkins University. David C. Hendrickson is Robert J. Fox Distinguished Service Professor at Colorado College.

AN ERODED IDEAL

The 18 months since the launching of the second Iraq war have brought home, even to its advocates, that the United States has a serious legitimacy problem. The pattern of the first Iraq war, in which an overwhelming victory set aside the reservations of most skeptics, has failed to emerge in the aftermath of the second. If anything, skepticism has deepened. The United States' approval ratings have plunged, especially in Europe-the cooperation of which Washington needs for a broad array of purposes-and in the Muslim world, where the United States must win over "hearts and minds" if it is to lessen the appeal of terrorism. In both areas, confidence in the propriety and purposes of U.S. power has dropped precipitously and shows little sign of recovery.

Legitimacy arises from the conviction that state action proceeds within the ambit of law, in two senses: first, that action issues from rightful authority, that is, from the political institution authorized to take it; and second, that it does not violate a legal or moral norm. Ultimately, however, legitimacy is rooted in opinion, and thus actions that are unlawful in either of these senses may, in principle, still be deemed legitimate. That is why it is an elusive quality. Despite these vagaries, there can be no doubt that legitimacy is a vital thing to have, and illegitimacy a condition devoutly to be avoided.

How to restore legitimacy has thus become a central question for U.S. foreign policy, although the difficulty of doing so is manifest. At a minimum, restoring international confidence in the United States will take time. The erosion of the nation's legitimacy is not something that occurred overnight. Washington is unlikely to succeed at renewing it simply by conducting better "public diplomacy" to "make the American case" to the world, for world public opinion already rejects the case that has been made. If the United States is going to be successful in recapturing legitimacy, it will have to abandon the doctrines and practices that brought it to this pass.

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This is brainy stuff, but of great interest. It i s not particularly pro- or anti-Bush.

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