3.3 Expansion of Presidential Power Over Time
4 min read•august 7, 2024
Presidential power has expanded significantly over time, reshaping the balance of power in the US government. From to , presidents have found ways to assert authority beyond their original constitutional role.
This expansion has been particularly pronounced in foreign policy and national security. War powers, , and have given presidents increasing control over military actions and international relations, often sidestepping Congress.
Presidential Powers
Unitary Executive Theory and Executive Orders
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- holds that the President has complete control over the executive branch
- Stems from the in Article II of the Constitution which states "The executive Power shall be vested in a President of the United States of America"
- Presidents have used this theory to justify issuing executive orders without Congressional approval
- Executive orders are directives issued by the President that have the force of law and are used to manage the operations of the federal government ()
- Controversial because they allow the President to bypass Congress and make unilateral decisions
Signing Statements and Executive Privilege
- Signing statements are written comments issued by the President when signing a bill into law
- Used to express the President's interpretation of the law and how it will be enforced by the executive branch
- Can also be used to challenge the constitutionality of certain provisions in the law
- is the right of the President to withhold information from Congress, the courts, and the public
- Based on the separation of powers doctrine and the need for confidentiality in executive branch decision-making
- Has been invoked by Presidents to resist subpoenas and prevent executive branch officials from testifying before Congress ()
Presidential Prerogative
- refers to the inherent powers of the President to act in the absence of explicit constitutional or statutory authority
- Justified by the need for the President to respond quickly and decisively to emergencies and unforeseen circumstances
- Examples include the by Thomas Jefferson and the Emancipation Proclamation by Abraham Lincoln
- Critics argue that presidential prerogative can lead to abuse of power and undermine the system of
Foreign Policy and National Security
War Powers and Executive Agreements
- The was passed by Congress in 1973 to limit the President's ability to commit U.S. forces to armed conflict without Congressional approval
- Requires the President to consult with Congress before introducing troops into hostilities and to withdraw forces after 60 days unless Congress authorizes an extension
- Presidents have often bypassed the War Powers Resolution by using executive agreements instead of treaties
- Executive agreements are international agreements made by the President without the advice and consent of the Senate ()
- Controversial because they allow the President to conduct foreign policy without
National Security Directives
- National security directives are executive orders issued by the President that pertain to national security and foreign policy
- Used to establish policies, set priorities, and direct the actions of executive branch agencies involved in national security ()
- Classified and not subject to public disclosure, which raises concerns about transparency and accountability
- Critics argue that national security directives can be used to circumvent Congressional oversight and engage in covert operations
Expanding Presidential Influence
The Imperial Presidency
- The refers to the expansion of presidential power beyond its constitutional limits
- Term coined by historian in his 1973 book of the same name
- Characterized by the centralization of power in the executive branch, the use of executive orders and presidential directives, and the assertion of executive privilege
- Critics argue that the Imperial Presidency undermines the system of checks and balances and threatens individual liberties
- Examples include the Nixon administration's abuses of power during the Watergate scandal and the Bush administration's use of warrantless wiretapping after 9/11
The Administrative State
- The refers to the growth of federal agencies and regulatory bodies that exercise quasi-legislative and quasi-judicial powers
- Emerged in the early 20th century as a response to the increasing complexity of modern society and the need for specialized expertise in policymaking
- Includes agencies such as the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC)
- Critics argue that the administrative state is unaccountable to the public and undermines the separation of powers by concentrating power in the executive branch
- Presidents have used the administrative state to advance their policy agendas and bypass Congress through the use of executive orders and agency rulemaking
Key Terms to Review (19)
Administrative State: The administrative state refers to the complex of governmental agencies and bureaucracies that implement and enforce laws and policies enacted by elected officials. It embodies the expansion of executive power, where the president and federal agencies gain significant authority to regulate various aspects of society, economy, and public welfare, thereby reshaping the relationship between citizens and government.
Arthur Schlesinger Jr.: Arthur Schlesinger Jr. was an influential American historian and social critic known for his work on the American presidency and his examination of the role of the executive branch in shaping U.S. policy. His writings, particularly on presidential power, have provided insight into how that power has expanded over time, especially during pivotal moments in American history, such as the New Deal and the Cold War.
Checks and balances: Checks and balances is a system that ensures no one branch of government becomes too powerful by providing each branch with the ability to limit the powers of the others. This framework promotes accountability and prevents abuse of power, ensuring that the executive, legislative, and judicial branches work within their designated authorities.
Congressional Oversight: Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs, and policies by the United States Congress. This process is crucial for ensuring that the executive branch is implementing laws effectively and adhering to legislative intent, often leading to a balance of power between the legislative and executive branches.
Emancipation Proclamation: The Emancipation Proclamation was an executive order issued by President Abraham Lincoln on January 1, 1863, declaring the freedom of all enslaved people in Confederate-held territory during the American Civil War. This landmark decision not only aimed to weaken the Confederacy but also redefined the purpose of the war, shifting it towards a fight for human freedom.
Executive Agreements: Executive agreements are international agreements made by the president of the United States without the need for Senate approval. These agreements are often used to manage routine or less formal arrangements with foreign governments, enabling swift diplomatic actions that align with the president's agenda. They connect to the broader scope of presidential powers, illustrating both enumerated and implied powers as presidents utilize these agreements to assert authority in foreign relations while bypassing the traditional legislative process.
Executive Orders: Executive orders are official directives issued by the President of the United States to manage the operations of the federal government and implement laws. These orders have the force of law and can shape policy, allocate resources, and govern the actions of federal agencies without needing congressional approval.
Executive privilege: Executive privilege is the right of the president and other high-ranking executive branch officials to withhold information from Congress, the courts, and the public. This concept serves as a means for the president to protect sensitive information related to national security, diplomacy, and other executive functions, creating a balance between the need for transparency and the necessity of confidentiality in governance.
Imperial Presidency: The term 'imperial presidency' refers to a U.S. presidency that has exceeded its constitutional powers, particularly in foreign policy and military matters, leading to a concentration of power in the executive branch. This concept highlights how the president can act independently of Congress, often resulting in unilateral actions that stretch the limits of authority. The evolution of this phenomenon has been shaped by historical events and political practices that have altered the balance of power between the branches of government.
Louisiana Purchase: The Louisiana Purchase was a significant land acquisition made by the United States from France in 1803, which doubled the size of the nation and greatly expanded its territory. This deal, involving approximately 828,000 square miles of land, not only opened up vast regions for settlement and agriculture but also raised important questions about presidential powers and federal authority in relation to land acquisition. The purchase is a pivotal event that illustrates both the use of implied powers by the presidency and the expansion of executive authority over time.
National Security Directives: National Security Directives are official documents issued by the President of the United States that outline specific policies, actions, or strategies related to national security and foreign affairs. These directives play a crucial role in the expansion of presidential power over time, as they allow the president to unilaterally shape U.S. policy in response to perceived threats or challenges, often bypassing traditional legislative processes.
NSC-68: NSC-68 was a key policy document created by the United States National Security Council in April 1950 that outlined the strategy for combating the Soviet Union during the Cold War. This document significantly expanded the role and power of the presidency, emphasizing a proactive and militarized approach to foreign policy, which reshaped American national security priorities and presidential authority over time.
Presidential Prerogative: Presidential prerogative refers to the inherent powers and authority that the President of the United States possesses, which allow for decisive action in times of national need or crisis. This concept emphasizes the idea that the president can act independently, especially in areas related to national security and foreign affairs, even if those actions may not be explicitly authorized by Congress or the Constitution. The notion of presidential prerogative has evolved significantly, reflecting changes in the political landscape and public expectations of presidential leadership over time.
Signing Statements: Signing statements are written declarations made by the president at the time of signing a bill into law, outlining their interpretation of the legislation and how they intend to enforce it. These statements can affect the implementation of laws and reflect the president's perspective on specific provisions, impacting the relationship between the executive and legislative branches.
Unitary executive theory: Unitary executive theory is the idea that the President of the United States holds the ultimate authority over the executive branch and can control all aspects of its functions. This theory asserts that the President has the power to direct federal agencies, make decisions on policy, and take unilateral actions without interference from Congress or the judiciary, shaping the evolution and understanding of presidential power throughout American history.
Vesting Clause: The Vesting Clause is a provision in the United States Constitution that grants the executive power to the President. It establishes the foundation for presidential authority and has been crucial in the expansion of presidential power over time. This clause, found in Article II, Section 1, not only defines the presidency but also sets the stage for how presidential powers have evolved and expanded through historical precedents and interpretations.
War Powers Resolution: The War Powers Resolution is a federal law enacted in 1973 that aims to limit the president's ability to engage U.S. forces in armed conflict without congressional approval. It establishes a framework for the president to consult with Congress before military action and requires the president to notify Congress within 48 hours of deploying troops, while also mandating that military engagement must cease after 60 days unless Congress authorizes further action.
Watergate Scandal: The Watergate Scandal was a major political scandal in the 1970s involving a break-in at the Democratic National Committee headquarters and the subsequent cover-up by members of the Nixon administration. This scandal led to widespread investigations that exposed abuses of power and ultimately resulted in President Richard Nixon's resignation, highlighting the importance of checks and balances in American governance.
Yalta Agreement: The Yalta Agreement was a pivotal accord reached in February 1945 between the leaders of the Allied powers—Franklin D. Roosevelt, Winston Churchill, and Joseph Stalin—during World War II. This agreement aimed to shape post-war Europe, addressing issues such as the reorganization of Europe, the establishment of the United Nations, and the fate of Germany after the war. The Yalta Agreement exemplifies the expansion of presidential power over time, as it showcased the U.S. president's significant role in international diplomacy and negotiations, as well as the reliance on executive agreements rather than formal treaties.