The Growth of'residential 'ower

Section PreviewOBJECTIVES WHY IT MATTERS POLITICAL

DICTIONARY1. Explain why Article IIof the Constitutioncan be described as "an outline."

2. List several reasons for the growth ofpresidential power.

3. Explain how Presidents' own viewshave affected the power of the office.

The Constitution e~\ablishes the office of thePresident in Article II. The interpretation ofthat article continues to be a battleground forpeople who want a powerful President andthose who want to curb presidential powers.

* Executive Article* mass media* imperial presidency

I~Jhepresidency is often called "the mostpowerful office in the world." Is this what

the Framers had in mind when they created thepost in 1787? At Philadelphia, they purposelycreated a single executive with broad powers.But they also agreed with Thomas Jefferson,who wrote in the Declaration of Independencethat "a Tyrant is unfit to be the ruler of a free peo-ple." So, just as purposely, they constructed a"checked," or limited, presidency.

Article IIArticle II, the Constitution's Executive Article,begins this way:

• President Reagan met with Sovietleader Mikhail Gorbachev in Geneva,Switzerland, in 1985.

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liThe.•",.••••-...;a.,;;. executivePower shall be vested ina President of the UnitedStates of America. "

With those few words,the Framers establishedthe presidency. TheConstitution sets outother, somewhat morespecific grants of presiden-tial power as well. Thus,the President is given thepower to command thearmed forces, to maketreaties, to approve or vetoacts of Congress, to sendand receive - diplomaticrepresentatives, to grant

pardons and reprieves, and "to take Care thatthe Laws be faithfully executed."

Still, the Constitution deals with the powersof the presidency in a very sketchy fashion.Article II reads almost as an outline. It has beencalled "the most loosely drawn chapter" in thenation's fundamental law.'

A large part of America's political history hasrevolved around the struggle over the meaning ofthe constitutional phrase "executive power."That struggle has pitted those who have arguedfor a weaker presidency, subordinate toCongress, against those who have pressed for astronger, independent, co-equal chief executive.

That never-ending contest began at thePhiladelphia Convention in 1787. At that time,several Framers agreed with Roger Sherman ofConnecticut, who, according to James Madison,

II considered the executivemagistracy as nothing more

than an institution for carrying the will of thelegislature into effect, that the person orpersons [occupying the presidency] ought tobe appointed by and accountable to thelegislature only, which was the depository ofthe supreme will of the Society. "

-Notes of Debates in the Federal Conventionof 1787, James Madison

1Edward S. Corwin, The President: Office and Powers. Most of thespecific grants of presidential power are found in Article II,Sections 2and 3. A few are elsewhere in the Constitution, such as the vetopower, in Article I, Section 7, Clause 2.

As you know, those who argued for a strongerexecutive-led by Alexander Hamilton, JamesWilson, and James Madison-carried the day.They persuaded the convention to establish asingle executive, chosen independently ofCongress and with its own distinct powers.

Why Presidential Power Has GrownOver time, the champions of a stronger presi-dency have almost always prevailed. Onemajor reason they have is the unity of the pres-idency. The President is the single, command-ing head of the executive branch. The officeand its powers are held by one person. On theother hand, Congress consists of two houses.Both must agree on a matter before Congresscan do anything. Moreover, one of those twohouses is made up of 100 separately electedmembers, and the other has 435 of them.

Several other factors have strengthened thepresidency-not least the Presidents them-selves. The nation's increasingly complex socialand economic life also has influenced thegrowth of presidential power. As the UnitedStates has become more industrialized andtechnologically advanced, the people havedemanded that the Federal Government playalarger role in transportation, labor, civil rights,health, welfare, communication, education, theenvironment, and a host of other fields.Americans have looked especially to thePresident for leadership in these matters.

Another of these closely related factors hasbeen the frequent need for extraordinary anddecisive action in times of national emergency,most notably in times of war. The ability ofthe President-the single, commanding chiefexecutive-to act in such situations has donemuch to strengthen the executive power.

Congress has also strengthened the presiden-tial hand, as it has passed thousands of lawsthat have been an essential part of the historicgrowth of the Federal Government. Congresslacks the time and technical knowledge to pro-vide more than the basic outlines of public pol-icy. It has been forced to delegate authority tothe executive branch to carry out its laws.

The President has a unique ability to attractpublic attention and build support for policiesand actions. Every President since Franklin

Presidents on the Presidency

THOMAS.JEFFERSON

1801-1809"[The presidency]

is a place of) splendid misery."

.JAMES A.GARFIELD

1881"What is there in

this place thata man should ever

want to getinto it!"

WARREN G.HARDING

1921-1923"[The presidency

is] a prison."

1963-1969"No one

can experiencewith the President

of the UnitedStates the glory

and agony ofhis office."

JOHN QUINCYADAMS

1825-1829"The four most

miserable years ofmy life were myfour years in the

presidency. "

1897-1901"I have had all the

honor there isin this place and

have hadresponsibilitiesenough to kill

any man."

1945-1953"There is no

exaltation in theoffice of the

President of theUnited States-

sorrow is theproper word."

RUTHERFORDB. HAYES

1877-1881"Nobody ever left

the presidencywith less regret."

1909-1913"I'm glad to be

going-this is theloneliest place in

the world."

DWIGHT D.EISENHOWER

1953-1961"Ot; that lovely

title, ex-president."

Interpreting Charts Not everyone who occu-pied the Oval Office has always enjoyed the job.(a) In the quotations above, what is the com-mon message? (b) What do you think aresome of the good and bad aspects of serv-ing as President?

The Presidency in Action 391

Roosevelt has purposely used the mass media-forms of communication, including printed pub-lications, radio, television, and, most recently, theInternet-to that end.

The Presidential ViewThe nature of the presidency depends on howeach President views the office and exercises itspowers. Historically, Presidents have held one oftwo contrasting views. The stronger and moreeffective of them have taken a broad view oftheir powers-a view that Theodore Rooseveltcalled "the stewardship theory":

••. ... II My view was that every

;. . '. executive officer ... in highposition, was a steward of the people boundactively and affirmatively to do all that hecould for the people .... I declined to adoptthe view that what was imperativelynecessary for the Nation could not be doneby the President unless he could find somespecific authorization to do it. My belief wasthat it was not only fa President's] right buthis duty to do anything that the needs of theNation demanded unless such action wasforbidden by the Constitution or by thelaws .... I did not usurp power, but I didgreatly broaden the use of executive power.In other words, I acted for the public welfare... unless prevented by direct constitutionalor legislative prohibition. "

-Theodore Roosevelt,Theodore Roosevelt: An Autobiography, 1913

AssesslDentKey Terms and Main Ideas1. Why is Article II often called the Executive Article?2. Give three reasons for the growth of presidential power.3. Summarize the two competing views of the constitutional

phrase "executive power."4. Why do some people worry about an imperial presidency?

Critical Thinking5. Understanding Point of View Give two examples of how a

President might use the mass media to influence publicopinion. Do you think there are legitimate reasons for aPresident to do so? Explain.

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Ironically, the strongest presidential statementof the opposing view came from Roosevelt'shandpicked successor in the office, WilliamHoward Taft. \

".

' .. ". ,II My judgment is that the view_ . of Mr. Roosevelt, ascribing an

undefined residuum of power to the President, isan unsafe doctrine.... The true view of the (Executive function is, as I conceive it, that tHePresident can exercise no power which cannot befairly and reasonably traced to some specificgrant of power or justly implied and includedwithin such express grant.... Such specific grantmust be either in the Federal Constitution or inan act of Congress passed in pursuance thereofThere is no undefined residuum of power whichhe can exercise because it seems to him to be inthe public interest. "

-William Howard Taft,Our Chief Magistrate and His Powers, 1916

In recent decades, critics of strong presiden-tial power have condemned what is called theimperial presidency. The term paints a picture ofthe President as emperor, taking strong actionswithout consulting Congress or seeking itsapproval-sometimes acting in secrecy to evadeor even to deceive Congress. Critics of the impe-rial presidency worry that Presidents havebecome isolated policymakers who are unac-countable to the American people through theirrepresentatives in Congress. The term imperialpresidency has been used frequently in referenceto President Richard Nixon and the political tac-tics that brought about his downfall.

6. Making Comparisons Compare and contrast the quotationsfrom Presidents Roosevelt and Taft on this page. (a) Whoseview do you favor? Why? (b) Which view do you think mostmodern Presidents have favored? Explain.

~ Take It to the Net

7. Read about the President's various roles as chief execu-tive. Then write an opinion column on how the President'spower has increased or decreased over time. Use thelinks provided in the Social Studies area at the followingWeb site for help in completing this activity.www.phschool.com