Constitutional Powers of the Presidency

Constitutional Origins and Powers of the Presidency

• The constitutional origins and powers of the presidency are a key aspect of understanding the role of the president.
• The chapter outline includes expressed, delegated and inherent powers.

Expressed Powers

• Expressed powers include military, domestic defense, judicial, diplomatic, executive, and legislative powers.
• The veto is a significant legislative power held by the President.

Delegated Powers

• Many Presidential powers today come from congressional statutes.

Inherent Powers

• Inherent powers are asserted by the president, not expressly mentioned in the Constitution or delegated by Congress.
• The authority to issue executive orders or enter into executive agreements is an example of inherent power.

Rise of Presidential Government

• Presidential power has greatly expanded from the 19th to the 21st century.
• Presidents tended to be weak in the 19th century due to weak public connections and a lack of institutional strength.
• Strong 19th-century presidents like Jefferson, Jackson, and Lincoln brought strength to the office.
• Presidential power increased in the 20th century alongside the growth of the federal government and bureaucracy.
• Franklin Delano Roosevelt and the New Deal were a key turning point.
• Modern war making and the permanence of foreign policy crises increased presidential strength in the 20th century.
• Presidential power has increased into the 21st century, as presidents have developed greater institutional power.
• Presidential staff has grown from under 50 under Franklin Roosevelt to over 500 in contemporary White Houses.
• The White House is organized into units providing specialized services like congressional relations and media outreach.
• Simultaneous expansions in the broader executive branch have empowered the chief executive.
• The growth of the executive branch has offered presidents opportunities to influence policy.
• Presidents use appointment powers, executive reorganization plans, executive orders to gain leverage.

Presidential Leadership

• Instances of presidential strength and constraints mark the history of presidential leadership
• Presidential success depends on personalities and political skills.
• Franklin Roosevelt's leadership in crisis helped create the modern presidency.
• Lyndon Johnson's understanding of the legislative process made him one of the most successful presidents in leading Congress.
• Ronald Reagan's communication skills solidified his political strength by using television to pressure other political elites.
• Presidential power is linked to popular support.
• The framers' ambivalence toward executive power has created a gray area in determining presidential strength.

Formal Resources of Presidential Power

• Key tools include the Cabinet and White House staff.
• Other resources include the Executive Office of the President and the Vice Presidency.

Contemporary Bases of Presidential Power

• Political parties can be a source of power for the President.
• Presidents can "go public" to gain support.
• There are limits to how much influence a president can have by going public.

The Administrative State

• Presidents can use appointments, regulatory review, executive orders, and signing statements.
• Using the administrative strategy has advantages.

Limits of Presidential Power

• The are certain limits to the amount of power a President can wield.

Presidential Powers - Myths and Realities

• Belief in executive superiority in national emergencies is a myth.
• Superior presidential responsiveness to the public interest is a myth.
• The concept of the presidency as more democratic than Congress is a myth.