Review

The Constitutional Basis of the Presidency

The framers, wanting “energy in the executive,” provided for a single-headed office rather than a multi-headed executive council. The presidency has evolved into the single most important office during times of crises and national emergencies (e.g., the Civil War, World War II, and the War on Terrorism). Congress has given presidents significant powers including authority to restrict civil liberties.

I. What were the conflicting views over presidential power of the framers of the Constitution?

• By vesting the executive power in a single president, the framers emphatically rejected collective leadership.
• Most framers hoped to have a president capable of taking quick and decisive action.
• The president is empowered to use the military to protect every state against invasion and domestic violence (Article IV) on request by the governor or state legislature.
• However, the use of the military in support of desegregation was justified on the grounds that the president must see that the laws of the United States are faithfully executed.

II. What factors led to the growth of a more powerful presidency?

• Congress began delegating more power to the president as chief executive beginning in the 1920s and 1930s.
• The national convention method of selecting party nominees gives the president a base of power independent of Congress.
• By adopting a scheme of indirect selection of the president with the Electoral College, the framers hoped to achieve a “republican” solution: a strong President responsible to state and national legislators rather than to the electorate.

The Constitutional Powers of the Presidency

I. What powers does the Constitution provide to the president as head of state? Have presidents used these powers to make the presidency too powerful or even imperial?

• Presidents have powers that are “expressed” in the constitution, “delegated” by Congress, as well as those “inherent” powers that stem from the duties and obligations of the president.
• The president has military powers as commander-in-chief of the armed forces and heads the secret intelligence network. However, the president shares his military powers with Congress and on some occasions must seek their “approval” of his actions.
• The president has the power to grant reprieves, pardons, and amnesties (except for impeachment and conviction).
• The president has diplomatic powers—he can make treaties, enter into executive agreements, recognize the existence of countries, and serve as America’s leader in all aspects of foreign policy.
• The president is chief executive of the largest organization in the world, with approximately 3 million civilian employees, and is empowered to see that the laws of the United States are faithfully executed.
• The president has the power to propose legislation pursuant to his power to issue a “State of the Union” message and recommend such measures as he shall judge to be necessary and expedient.
• Congress sometimes delegates power to the executive by creating executive agencies to administer the laws it has passed, giving the President a great deal of discretion in implementation.

The Presidency As An Institution

I. What institutional resources does the president use to manage the executive branch?

• Presidents have a number of institutional resources at their disposal, including patronage, the Cabinet, the “Inner Cabinet” or National Security Council, the White House Office, the Executive Office of the President, the vice president, and the first lady.
• The Cabinet is the informal designation for the heads of the federal government departments.
• The National Security Council, or Inner Cabinet, was created in 1947 to advise the president on national security issues. In 2001, the Office of Homeland Security became the latest member of the Inner Cabinet.
• Individuals who make up the White House staff, or “Kitchen Cabinet,” are generally the closest advisors to the president.
• The Executive Office of the president is composed of technical advisors, including the Office of Management and Budget, which has responsibility for coordinating the president’s budget proposal.
• The vice president exists to succeed the president and to preside over the Senate—breaking tie votes if necessary; but he is essentially a political resource for the president during the election.
• The role of the first lady has evolved from having a ceremonial positing to being a more involved and active participant in the formation of public policy.
• The president’s powers and institutional resources give the chief executive a substantial voice in the nation’s policy-making processes.

The Contemporary Bases of Presidential Power

I. What political resources can the president draw on in exercising the powers of the presidency?

• In the 19 th century, Congress was dominant in American government, but that has gradually changed over the past 200 years.
• This increase in power has been the result of an ongoing effort by successive presidents to increase the powers of the office, using several tools, including their political parties, popular mobilization and administration.
• The president is the head of his party, but they are not reliable tools
• Franklin D. Roosevelt was the first president to effectively mobilize public support. His public relations approach included his “fireside chats” with America.
  • This use of public relations has now made the presidency into a “permanent campaign” for reelection.
• Contemporary presidents have increased the administrative capabilities of their office by strengthening the power of the Executive Office of the President (EOP), by increasing White House control over the bureaucracy, and by expanding the role of executive orders and other direct presidential governance.

Thinking Critically about Presidential Power and Democracy

I. How has the decline of popular participation in American politics affected American institutions?

• This decline enhances the power of the presidency and reduces congressional influence.
• Congress is the nation’s most representative political institution, and has been ceding power to the President for decades.
• For example, the vote on going to war in Iraq and the War Powers Act in general give the president more authority than the framers would have wanted.