Expansion of Presidential Power

Introduction

• Focus: Expansion of presidential power since Franklin Roosevelt.
• Objective: Explain how presidents have interpreted and justified their use of formal and informal powers.

Formal and Informal Powers

• Formal Powers: Explicitly granted in Article 2 of the Constitution (e.g., the veto, appointing federal judges).
• Informal Powers: Not explicitly mentioned but exercised nonetheless (e.g., bargaining, persuasion, executive agreements).
• Over time, presidents have increasingly used both formal and informal powers.

Historical Concerns

• Anti-federalists feared an overly powerful executive branch during the ratification debates.
• Alexander Hamilton argued for a single executive in Federalist 70 as a protection against power consolidation.
  • Arguments by Hamilton:
    • A single executive acts decisively.
    • A single executive is accountable and thus careful with power.

Interpretations of Executive Power

• Teddy Roosevelt's View: Presidents should act on behalf of the people unless restricted by the Constitution.
• William Howard Taft's View: Presidents should only act if power is explicitly granted by the Constitution.

Historical Examples

• George Washington: Deferred to Congress.
• Andrew Jackson: Expanded executive power, seeing himself as a representative of the people (vetoed 12 bills).
• Abraham Lincoln: Expanded power during the Civil War (suspended habeas corpus).
• Franklin Roosevelt: Greatly expanded executive power during the Great Depression.
  • New Deal policies, use of veto, elected four times, attempted to reorganize the Supreme Court.

Post-FDR Era

• Presidential power has expanded and contracted but never returned to pre-FDR levels.
• Ongoing debates on the size of government.

Checks on Presidential Power

• Impeachment as a check (e.g., Donald Trump, Bill Clinton, Andrew Johnson).
• 22nd Amendment: Limits president to two terms.

Conclusion

• Presidential power has grown since the time of FDR, influenced by differing interpretations of the executive role.
• Despite increased power, checks and balances remain in place to limit presidential authority.