Presidential Powers: An Essay

In examining the powers that the Constitution grants to the office of the presidency, I believe that modern day presidents exceed the limitations placed upon them by the Constitution in many ways. There are other circumstances where I feel that modern day presidents are more limited in power than past presidents. This essay will give several examples to support both the increased powers and the more limited powers.Increased Powers

The Constitution granted to Congress the authority to declare war. Article II of the Constitution appoints the president as "Commander in Chief of the Army and Navy of the United States." This power has now been expanded to include the Air Force, the marines, and all other armed forces operating under the command of the United States (p. 75). Since Abraham Lincoln was president many presidents have used the commander-in-chief clause to wage war. Congress passed the War Powers Act in 1973 to limit the president's powers to deployment of troops overseas for a period no longer than sixty days and only during peacetime. In spite of this limitation, leniency has been granted in several cases. In 2001 President George W. Bush sought authorization to use force against those responsible for the September 11 attacks. Both houses of Congress approved. Then again, in October of 2002 President Bush declared Iraq a threat to peace, and was granted by Congress the authority to use force that he deemed to be "necessary and appropriate" (p. 249).

The authority of the president is limited to the powers defined in Article II of the Constitution and also by the Supreme Court's interpretations. At times presidents have circumvented the powers laid out in the constitution. A primary example is Abraham Lincoln. During the Civil war Lincoln suspended the writ of habeas corpus, closed the U.S. mails, and had southern ports blockaded. By blockading the ports Lincoln was initiating war without the approval of Congress. Lincoln argued that he was making sure that the laws of the United States were faithfully executed and therefore; his actions were constitutional (p. 253).

A third way that the modern presidency has increased in powers is the executive agreement. The Constitution maintains that all treaties must be approved by 2/3^rd vote of the Senate. To get around Congress approval presidents enter into executive agreements - which are entered into by the president with foreign nations, and do not need the advice and consent of the senate. Executive agreements were used starting with George Washington, but not on the scale they have been used in modern times. Between 1789 and 1839 60 treaties were entered into and only 27 executive agreements were made. President Bill Clinton made 209 treaties, but 2,047 executive agreements between 1993-2000 when he was in office (p. 248, Table 7.2). In a seven year span, President Bill Clinton entered into 2,020 more executive agreements than were entered into in the 50 years between 1789 and 1839.

The framers of the Constitution intended for Congress to make laws. Franklin D. Roosevelt broke this tradition by sending a legislative package to Congress. He is quoted as saying, "It is the duty of the president to propose and it is the privilege of the Congress to dispose" (p. 259). Now the executive office executed laws as well as suggesting them. In 1994 an attempt was made for Congress to reassert itself into the lawmaking process, but the bill failed to pass.

The executive office is also more powerful is through executive orders. Executive orders allow presidents to make policy without the approval of Congress. President Truman used an executive order to put an end to segregation in the military. Ronald Reagan used an executive order to stop federal funding to groups providing abortion counseling. President Bill Clinton rescinded this order when he was elected. President George W. Bush immediately reversed Clinton's orders on the issue when he was elected (p. 262).

A final way in which the executive office has increased in power is in the creation of the Office of Management Budget. The Office of Management and Budget is the office that prepares and reviews the president's annual budget as well as supplying economic forecasts and analysis of proposed bills. Franklin D. Roosevelt was the first president to take an active role in the budget process, which was intended to be solely a responsibility of Congress when the Constitution was written (p. 262).Decreased Powers

A major way that presidents are more limited in modern times is through the many technological advances. The president is no longer a mystery as speeches, news and other events are instantly accessible to citizens through TV and the internet. Presidents are expected to act quickly and decisively in times of crisis.

The framers of the Constitution didn't set a limit to the amount of terms that a president could serve. President Franklin D. Roosevelt successfully ran for four terms. Even though he was well liked, it made people uncomfortable. On February 27, 1951 the Constitution was amended for the 22^nd time to limit presidents to two terms in office or no more than a total of ten years (in the case of a vice president becoming president upon the death of the current president) (p. 96).

Another way in which modern presidents are more limited in power is in executive privilege. The executive privilege says that a president may withhold court requested information in matters relating to his office. As a result of the Watergate scandal the Supreme Court ruled in 1974 that a president could not use executive privilege to refuse to give information requested by the court in a criminal trial (p. 244).

This essay has discussed six ways in which the powers of the executive office have increased since the Constitution was first written. I have also given three ways in which the office of the presidency has decreased in powers since the framing of the Constitution. Overall, I think the executive office has grown and adapted with the changes of the modern world.