Lecture Notes: Expansion of Presidential Power

Introduction

• Speaker: Jeffrey Rosen, head of the National Constitution Center, Philadelphia.
• Topic: Changes in presidential powers since the ratification of the Constitution.

Initial Concerns of the Framers

• Framers feared Congressional power more than Presidential power.
  • Created a bicameral legislature (House and Senate) to divide Congressional power.
• They underestimated the potential expansion of Presidential power over time.

Expansion of Presidential Power

• Hypothesis: President today is considered twice as powerful as Congress.
  • Powers to deploy troops without Congressional approval.
  • Ability to issue executive orders.
  • Target and kill American citizens abroad.

Dynamics Allowing Expansion

• Political Culture:
  • President as the focus of national power and culture.
  • Individual presidency attracts public hopes and expectations.
• Executive Branch Precedents:
  • Successive presidents assert more executive power.
  • Office of Legal Counsel provides justifications for expanded powers.

Historical Perspectives

• William Howard Taft's View:
  • President should only act within explicit constitutional authorization.
  • Contrasts with Theodore Roosevelt’s view of doing anything not forbidden by the Constitution.

Broader Factors

• Expansion of Federal Government and Agencies:
  • Growth of executive agencies (e.g., EPA, FTC) post-New Deal.
  • President appoints heads of these agencies, influencing legislation.
• Speed of Modern Communication and Emergencies:
  • Quick reactions needed to emergencies and attacks.
• Rise of Partisan Politics:
  • Congress members often prioritize party allegiance over constitutional duties.
  • Increased judicial intervention in legislative-executive disputes.

Constitutional Dynamics

• Presidential Veto Power:
  • Historically used on constitutional grounds.
  • Modern times: used based on policy disagreement.
• Departmentalism Theory:
  • Initial view that all branches should assess constitutionality.
  • Modern trend: Supreme Court as the arbiter of constitutional issues.

Conclusion

• Presidential powers have expanded significantly, influenced by cultural, political, and administrative developments.
• The shift from a balanced evaluation of constitutional powers among branches to reliance on the judiciary has further enabled this expansion.