The American Presidency: Roles, Powers, and Limitations
The Executive Branch: The Presidency
Introduction to the Presidency
The presidency is a unique office within the bureaucratic apparatus of the executive branch, crucial for the nation's functioning.
The President's election by national vote is highly significant, making them one of the few officials chosen by everyone in the country, conferring a distinct stature.
The presidency is a singular person, unlike the many members of Congress, which influences public perception and assessment of the role.
This discussion will cover the limits of presidential power and how presidents attempt to overcome them, notably through collaboration with Congress and the use of the "bully pulpit."
Requirements for the Presidency
Formal Requirements:
Age: Must be 35 years of age.
Residency: Must have been a resident in the United States for 14 years.
Citizenship: Must be a natural-born citizen.
Term Limits: The 22^{nd} Amendment, enacted after Franklin D. Roosevelt's four terms, limits a president to two terms (a total of eight years in office).
Informal Requirements:
Candidates typically hail from the upper echelons of government (e.g., Secretary of State, Vice President) or hold high-ranking military positions (e.g., General).
Historical Exception: Donald Trump's presidency challenged these expectations as he was a private business person before taking office.
Historically, presidents have been white males, though this has changed with President Obama and nearly with Hillary Clinton, who won the popular vote but lost the Electoral College.
Key Roles of the President
There are four principal roles of the U.S. President:
Commander in Chief:
Controls the military; the president's word is final in military matters.
Military figures can offer advice, warnings, or disagreements, but the president makes the ultimate decision.
Chief Diplomat:
Engages in cultivating peaceful relationships with other countries, serving as the primary contact for other nations.
Aims to forge good deals, agreements, and maintain friendly international relations.
Chief Executive:
Responsible for enforcing laws passed by Congress.
Ensures that federal laws are obeyed and administered.
Head of Government and Head of State:
This dual role encompasses both ceremonial duties and leading the executive branch.
Involves overseeing the pomp, circumstance, casualty, and ritual ceremonies associated with the highest office.
Expansion of Presidential Power
War Powers:
Presidential power has expanded tremendously over decades, particularly concerning war.
While Congress is the only branch that can formally declare war, presidents have initiated military conflicts frequently.
The Constitution's framers acknowledged the president's ability to act in cases of surprise attacks or exceptional crises.
Historically, about 80\% of military conflicts have been initiated based on presidential will alone.
Foreign Policy and Law Interpretation:
Presidents have increased control over foreign policy in general.
They possess significant leeway in interpreting and enforcing laws.
Example (Abortion Funding): Congress may pass funding for "family services." The interpretation of whether this includes abortion funding can differ significantly depending on the president (e.g., Trump prohibited, Biden allowed) due to the law's inherent ambiguity.
Presidents can propose their own laws and veto legislation as they deem fit.
Reasons for Increased Power:
Swift and Energetic Action: The presidency was designed to allow a single strong individual to address threats and harm to the country swiftly and energetically.
National Elections: The president is the only federal official elected by people across all state lines, making them a national figure who can galvanize support and adoration from diverse regions.
1. Singular Figure vs. Fragmented Congress:
The executive branch is embodied by one person, the President, making it easier for the public to focus on and rally behind them compared to the hundreds of members in Congress.
Andrew Jackson noted this unique position of the president as representing "the people," a view not universally shared by other presidents or by Congress.
2. Evolution of Presidential Theories:
Limited President Theory (e.g., Buchanan): Early idea that the president should primarily execute Congress's will, acting as a "chief enforcer" of legislative desires.
Stewardship Theory (e.g., Theodore Roosevelt): Argued that the president's primary duty is to obey the Constitution, not necessarily Congress's specific wishes. As long as constitutional limits are not violated, the president is free to act, even if Congress disapproves.
Roosevelt expanded executive power by appealing to a "larger good," such as supporting the military in various projects.
Subsequent presidents like Herbert Hoover favored a limited model, while Franklin D. Roosevelt (FDR) with his "New Deal" era, advocated for expanded power to address growing national problems.
Congressional Limitations and Presidential Strengths:
Today, the executive branch is significantly stronger, comprising thousands of programs and hundreds of agencies, which Congress struggles to oversee effectively.
Congress, being a fragmented institution with 535 members, operates through negotiation, bargaining, and compromise. It is ill-equipped to develop comprehensive policy or oversee the vast government.
In contrast, the president embodies unity and decisiveness, with final authority resting with one person, allowing for large-scale planning and direct action.
As a result, major domestic policy initiatives since the New Deal have predominantly originated from the White House.
Example (Eisenhower): When President Dwight D. Eisenhower took office in 1953, he initially wanted to cede more power to Congress. However, Congress indicated that they expected the president to draft bills for them to revise, shifting more responsibility to the executive.
The Cold War's Impact on Presidential Power:
World War II and the subsequent Cold War (USA vs. USSR) significantly amplified presidential power, particularly in foreign policy.
The United States emerged from WWII as a global superpower, leading the non-communist "free world."
The high stakes and continuous crisis of the Cold War created a special demand for singular, decisive leadership, which Congress could not provide.
The president's authority as chief diplomat and commander in chief, coupled with the need for quick, authoritative action, made them central to Cold War strategy.
Senator Fulbright (Vietnam War Critic): Even critics, like Senator Fulbright, admitted that "circumstances rather than design" granted the executive its "great predominance," primarily due to an "era of crisis" requiring urgent decisions.
Aaron Wildavsky (Political Scientist): Noted the president's preeminence in foreign policy, highlighting a distinction between domestic and foreign policy handling, where presidents consistently hold an advantage.
Upholding America's credibility abroad often compels Congress, even reluctantly, to support the president on foreign policy issues.
Historically, the lion's share of American foreign policy power has fallen to the president.
Trade Policy Delegation:
Congress has effectively handed over significant decision-making power in trade policy to the president.
Through acts like the Trade Expansion Act of 1962 and the Trade Act of 1974, presidents have been granted immense powers to impose tariffs and economic sanctions.
Example (Trump-China Trade War): President Trump utilized this power to initiate a trade war with China, imposing tariffs on various goods. While some members of Congress voiced opposition, no formal action was taken to block the tariffs, and federal courts upheld them as valid.
This demonstrates a trend where Congress, once power is delegated, rarely reclaims it except in extreme circumstances.
The Executive Office of the President (EOP)
Initially, the presidency was sparsely staffed. This has changed dramatically over time.
The EOP is the key organization coordinating and supervising the vast staff that supports the president.
Key Units within the EOP:
White House Office (WHO): Comprises the president's closest advisors. This central unit includes personal assistants, top political advisors, press agents, and legislative affairs personnel. These individuals are crucial for developing political strategies and communicating with the public, media, and other officials.
Office of Management and Budget (OMB): Consists of experts who analyze and administer the federal budget.
National Security Council (NSC): Focuses on military affairs and national security.
National Economic Council (NEC): Deals with economic policy.
These different advisement and staff units ensure the president has ready access to experts, legal analysts, and specialists for various situations.
The EOP's structure allows the president to extend control over the executive branch and provides information for policy formulation, creating a large bureaucracy around the president.
The Vice President (VP)
Historical Evolution:
Originally, the runner-up in presidential elections became the VP. This system became complicated and was changed via amendment.
Now, the president handpicks their VP.
Primary Role: To succeed the president in case of death, resignation, or removal from office, ensuring a quick and efficient transition.
Formal Job: Largely ceremonial, but the VP formally serves as the President of the Senate.
Their only significant power in this role is to cast a tie-breaking vote if the Senate is evenly divided (e.g., 50-50 split on a bill).
Traditionally, the VP had limited power in executive decision-making.
Modern Expansion of Duties:
Jimmy Carter (1977): Redefined the vice presidency by assigning important duties to his VP, Walter Mondale.
Subsequent presidents continued this trend (e.g., Trump tasking Pence with COVID-$19$ response, Biden tasking Harris with immigration and voting rights).
Dick Cheney (George W. Bush Administration): Arguably the most powerful modern VP, playing a huge role in significant decisions like the invasion of Iraq, the treatment of combatants in Iraq and Afghanistan, and legal interpretations that at times clashed with the Supreme Court (regarding violations of U.S. law and the Geneva Convention).
It is often speculated that Cheney was the "power behind the throne" during Bush's presidency.
Contrast (Trump and Pence): While Trump and Pence met frequently, Trump often preferred his own counsel or that of a few trusted individuals outside his immediate cabinet, such as talk show host Sean Hannity, indicating varying levels of reliance on the VP for advice.
The Presidential Cabinet
Definition: Composed of the heads of the executive departments (e.g., Department of Defense, Energy, Transportation).
Role: Originally an advisory board, the cabinet has expanded with the growth of departments and bureaucracy.
Challenges:
Divided Loyalty: While cabinet secretaries work for the president, their departments often have close ties to Congress, leading to potential tensions or divided loyalties.
Appointments: The president also appoints top deputies, ambassadors, and other officials.
There are over 2,000 full-time presidential appointees, a much larger number than in other democracies.
About one-third (1/3) of these appointees are subject to Senate confirmation.
Control Issues: Despite the advantages, these numerous appointees are hard to control, with loyalties potentially clashing with the president's agenda or department heads sometimes disagreeing based on congressional or departmental interests.
Bureaucratic Layers: Most low-level bureaucrats are not chosen or directly supervised by the president, meaning much can occur without the president's direct knowledge.
Limitations on Presidential Power
Timing and Opportunity: Great presidential achievements (e.g., FDR's New Deal, Lyndon Johnson's Civil Rights Act, Ronald Reagan's fiscal changes) often require unique circumstances where "the stars align." Most presidents serve during times not opportune for radical change.
Constitutional Division of Power:
The president's constitutional authority is often insufficient to meet all demands.
While the president can propose legislation, it remains a "piece of paper" without congressional approval.
Congress retains final lawmaking authority; without their agreement, presidential aspirations are often unmet.
"Power to Persuade" (Richard Neustadt): Given the president's inability to coerce Congress, persuasion becomes a multi-faceted and complex necessity in bridging the gap between formal authority and expectations.
Presidential Strategies to Bridge the Power Gap:
Public Influence: Presidents leverage their national sway to persuade Congress by appealing to the public.
Party Leadership: The president is the de facto leader of their party, influencing congressional members to support their policies.
Unified vs. Divided Government:
Unified Government: When the president's party controls both houses of Congress, legislative success rates are significantly higher.
Example (Trump's First Two Years): During his first two years with a Republican-controlled House and Senate, 95\% of bills he supported became law. This dropped sharply once Democrats gained control of the House.
Divided Government: When different parties control the presidency and Congress, it significantly hampers legislative success due to "arithmetic" – the lack of sufficient votes.
The Bully Pulpit
Core Idea: The president is at the center of national attention due to the singular nature of the executive branch.
Definition: A communication platform that allows the president to influence the national agenda.
Origin: Coined by Theodore Roosevelt, who used his position to "preach" about his bills and doctrines, leveraging public pressure on Congress.
Permanent Campaigning: Modern technology (radio, television, social media) enables presidents to be in a state of "permanent campaigning." They continuously use polls, rallies, and other campaign-like tactics to build public support for their agendas.
Weakness: Dependent on the president's speaking skills. Strong oratory (e.g., Reagan) can be highly effective, while weaker communication (e.g., Biden, though the transcript notes Biden had 'less' speaking skills implying a comparison to Reagan) can reduce effectiveness.
Presidential Actions for Change
Veto: The president can reject a bill, preventing it from becoming law.
Excessive use of the veto can signal weakness or a stalemate with Congress.
Executive Order: A directive from the president that manages operations of the federal government.
Crucially, an executive order must be based on existing law.
Orders not rooted in law will be struck down by courts.
Executive Agreements: International agreements made by the president with other nations.
Similar to treaties but require less congressional hassle.
They must not conflict with congressional wishes or existing laws.
Unilateral Military Action: Presidents often initiate military action without a formal declaration of war from Congress.
Since WWII, the U.S. has engaged in military action approximately 150 times, with presidents initiating most solely on their authority.
Examples: Trump's cruise missile attack on Syria, Obama's bombing campaign in Libya, Clinton's air attack on Serbia, George H.W. Bush's invasion of Panama.
Secrecy: In some cases (e.g., Reagan's 1983 invasion of Grenada), presidents have kept plans from top congressional leaders until operations were underway, simply informing them rather than seeking advice.
Checks on Presidential Power
Impeachment: The formal process to remove a president from office for "treason, bribery, or other high crimes and misdemeanors."
House of Representatives: Decides by a majority vote whether to impeach (accuse) the president, sending them to trial.
Senate: Conducts the trial. A two-thirds (2/3) vote (over 66 out of 100 Senators) is required to remove the president.
Historical Cases:
Andrew Johnson (1868): Came within one Senate vote of removal due to his opposition to Reconstruction policies.
Bill Clinton: Impeached for lying about a sexual relationship but acquitted by the Senate (55-45 vote).
Donald Trump (2020): Impeached by the House on two articles (abuse of power, obstruction of Congress) related to withholding military assistance to Ukraine, but acquitted by the Senate.
Presidential removal via impeachment is extremely rare and has never successfully occurred.
Legislation by Congress:
Budget Impoundment Control Act of 1974: Passed to prevent the president (e.g., Nixon, who withheld funds for welfare programs he disliked) from indefinitely impounding funds appropriated by Congress.
War Powers Act: Requires the president to inform Congress of military actions within 48 hours and provide ongoing information.
Judicial Review: Courts can invalidate executive orders not based on existing law, deeming them unconstitutional.
Presidential Popularity and the "Honeymoon Period"
Initial Support: Most newly elected presidents experience a "honeymoon period" during their first few months, where Congress, the press, and the public offer support and give the president the "benefit of the doubt."
Legislative Success: Political scientist Paul Light found presidents are twice as likely to pass bills in the first half of their first year than in the second half.
Decline in Support: Few presidents maintain high public approval throughout their term, often declining from an initial high point (e.g., Truman, starting at 63\% and ending at 35\%$%).
Exceptions: Bill Clinton started at 50\% approval and ended with 60\%$$, bucking the trend.
Reasons for Decline:
Policy decisions inevitably create enemies.
Presidents are often blamed for factors beyond their control, such as the economy. When the economy is strong, approval is high; when weak, the president is blamed, even though they lack direct control over commerce. This creates an "illusion of control."
Irony of the Presidency: Presidential power is heavily tied to public support. As problems mount, public support often declines, leading to a weakening of presidential power precisely when strong leadership is most needed.
Conclusion
The presidency has grown stronger than the framers initially intended, largely due to unique national and international situations.
The modern presidency relies heavily on advisers, policy experts, and managers within the EOP and cabinet, enabling expansive control over the executive branch and providing essential information for policy.
Despite formal authority, presidents operate within a system of divided powers and must bridge gaps through persuasion, public appeal (the "bully pulpit"), and continuous "permanent campaigning."
As the nation's chief executive and top elected leader, the president's actions invariably receive attention, but their ultimate success hinges on sustained public backing.
While presidents frequently use media to build public support, maintaining it proves difficult because the public often expects more from the president than can realistically be delivered.