The Evolution of the Executive Branch

Development and Purpose

JUSTIN REID
Since the Declaration of Independence was signed in 1776 the United States has been developing as a nation and an economy. The democratic-republic form of government proposed early in the nation's history was eventually adopted and a Constitution written to outline this governing body. This institution and its outline have since been the subject of controversy and debate among politicians and citizens alike. The controversy exists not around the proposed validity of said document but around the intent and interpretation one derives from the implicit meaning contained therein. As circumstances change opinions and implicit statements take on new meaning. This new meaning has led to different evolutions in the American government, especially the executive branch. As the role of government changed in the US so did the executive branch change to meet the needs of its people. Being the most solitary and individual appropriation of power in the government the executive has been a center of American politics since the first president George Washington. Beginning with the original presidency there have been three major stages in the executive branch; these stages, in chronological order, are the Constitutional, Partisan, and Modern Presidencies. These three stages are defined by their shift in previously adapted policy, the interpretation of the executive role in US government through the Constitution, and the shift in focus on public opinion and the role it plays in a Democratic-Republic. While these stages are very different it can be said that each met the needs of the American populace in its own unique way. Thus the stages herein described are logical adaptations to the ever-changing American society and provide a key explanation to the role the executive branch plays in the US government.

The Constitutional presidency took place in a time of fear and uncertainness; fear of a new form of government that could possibly led to tyranny or despotism and uncertainness in what the future would hold for such a new nation. It is important to take into account the events, which led to the formation of new government. The American colonies had recently rebelled against British rule and formed a loose confederation of states with a weak national legislature. Soon after the defeat of Cornwallis the states saw no common foe to stand against and turned away from the unity they had recently prescribed. After a number of national crises ensued, namely the currency problem and the national debt created during war, a Constitutional Convention was called to negotiate a Federal Constitution by which a national government could manage the union. After much debate the delegates declared their support for a plan in which the powers of the government would be divided among three separate braches. One of these branches, the executive, was the topic of much debate. The debate was centered on the power vested in the executive itself and the specific nature of such a position. Given the small amount of detail with which the executive branch was illustrated in the Constitution a wide range of interpretation could be achieved. It was left to the first president to create out of that lack of meaning an office and administration through which the peoples will would be channeled. This method of administration was exhibited during George Washington's tenure. Being the first executive he was met by an apprehensive Congress, but they trusted in his ability and were faithful in his willingness to relinquish power if requested. Washington did not seek to gain political favor by abusing the authority vested in him to appoint members of the executive branch:

His appointments were made with little regard to party loyalty, personal relations, or family connections. The president's appointments were, in fact, only partisan in the sense that he chose persons 'of known' attachment to the Constitution.

The president unconsciously took a non-partisan role in the office as no formal political parties had been established. Even so, the president made his best efforts to appoint only the qualified and experienced as apposed to the politically useful. In light of his anti-favoritism it should be noted that any other behavior would ultimately have undermined the unity he was trying so hard to preserve. Another distinct characteristic of Washington's presidency was the restraint he exhibited in light of all the power that was presented to him. While a legislature was securely in place to prevent a runaway executive branch the first president could have easily exercised a more aggressive policy when dealing with Congress. Instead Washington chose to gain the trust of the legislature by sticking to the primary function of the executive, which he believed, was to execute the laws. Washington firmly believed that the people must accept the new form of government or else no progress could be made. He never lost sight of the people he served and recognized the importance of maintaining public support. The constitutional presidency is marked by a solitary figure that, through the guidance of his peers and esteemed colleagues, tries to develop a successful executive branch of government that could sustain the American people through time.

The Partisan Presidency stage of American government began before Washington ever left office; the bitter arguments and differing opinions of Thomas Jefferson and Alexander Hamilton led to a split legislature in a time where unity was essential to the government. These two developed entirely different views of the executive branch and would spend the better part of three decades trying to mold the office into their appropriate model of government. At the outset, "partisanship was still not considered respectable in American politics; indeed, candidates for president were not expected to seek office actively." This view was held mainly because of the lingering fears of British monarchy and led to a method of rallying support for individuals behind closed doors. Thus the party process got off to a slow start. A central characteristic that defines the Partisan presidency is the effort devoted to the election process. The members of individual parties and their respective electors were formally associated, but there was still no election process in place to support a joint ticket when running for the executive office. Thus by 1800 a formal party organization had been developed to choose its nominees for president and vice president; this created a more politically powerful and influential team in the executive branch. Party affiliates and heads also helped coordinate voting alliances with its organizations in other states in an effort to remain in power. Thus campaigning and party affiliation became an invaluable part of controlling power in American government. This collaboration of politicians and government officials would mark a permanent change in the election process and the image of the White House. The importance of popular support became apparent through Jefferson's administration and his view that, although the presidency should be upheld because of its Constitutionality, it should also be revered as an instrument of the people's voice. Such an example was made when Jefferson purchased the Louisiana territory and received an overwhelmingly favorable reaction from the American public. Although Jefferson maintained a popular leadership there were limits to such a form of governing. In spite of his best efforts he could not purge the remaining opposing party members from the executive branch due to their own popular support. While the Constitutional Presidency was an appropriate model for the executive branch to follow it created an almost fearful tone as to what would happen next. Thus the Democratic-Republicans would retain power in the initial stage of partisan politics that would be its defining period. Another precedent set in the Partisan stage of executive government was the election of Andrew Jackson to the office of president. Jackson was the first running president to "...appeal to the people over the heads of their legislative representatives." Jackson was a prime example of what partisan politics could do in a branch so unitary as the executive. Jackson was supported in every part of the country, and an almost national unity was formed in an attempt to elect him as president. This collective effort of the people demonstrated to Jackson the purpose of his office in a way that could not have been clearer. Jackson:

It was the people, he believed, acting through the state ratifying conventions, who had formed the Union, and the president- not Congress or the states- embodied the will of the people.

Jackson was a perfect example of how important public opinion and notoriety are when running for and acting as president. He created a strong relationship between the populace and the office by focusing on what he deemed to be the public's voice, namely his office.

The Modern Presidency gave way to the rise of a new leader. Beginning with Franklin Roosevelt's term in office, significant policy changes were made in the creation of such a more modern presidency. The national crises being suffered from the depression gave Roosevelt the chance to secure and exercise a new form of presidential power. This power would be wide sweeping and exclusive only to his office. From the enactment of the Bank holiday Proclamation, which declared a specific suspended transaction period for all banks in the United States, to introduction of the welfare state into our society and government, Roosevelt broke down the barriers of old policy in favor of his own form of governing. Roosevelt:

...wanted to show his party and the nation that he would not hesitate to break even revered traditions that stood in the way of his vision of progress.

He believed that if Congress failed to adequately meet the needs of the American public then it was his personal responsibility to attain the necessary power to correct the situation and restore confidence in the government. A notable change in the executive branch occurred with the creation of the Executive Office of the President (EOP). This office helped achieve a more focused and energetic office where agendas could be set and results could be monitored directly by the president. This form of administration not only gave the president more direct power over his office but allowed, "...a more competent day by day administration of what the nation has decided to do." This expansion of the executive branch only hinted at the power gained by Roosevelt in his office. Roosevelt always relied upon the absence of detail in Article II of the Constitution, to vindicate him of accusation that he was hoarding power or unnecessarily tipping the scales of government in favor of the executive. With this power also came a great amount of accountability on the president's part. After Roosevelt died in 1945 the executive office became a shaky position to hold. Party politics had reared its ugly head and the American people became distrustful of big government. The movement away from a strict partisan policy began with John Kennedy's run for office in 1960. The American public loved Kennedy; he was charismatic, a war hero, and a family man. These attributes proved to important in his role as, "a chief executive that is the vital center of action in our whole scheme of government." Public opinion became the most important factor in attaining the executive office. Now that television and mass media are being utilized to convey political messages party affiliation became secondary to individual promotion. Meaning, that candidates for president were less concerned with the traditions of their party than with the changing wave of public opinion that would, if they rode it correctly, land them directly in the most powerful office in the world. This deterioration of party politics served the American people by creating an environment where politicians pay more attention to constituents than to political favor and party affiliation. The Modern Presidency is one marked by drastic changes in policy and a domination of the people's voice over American government.

Through each stage of the evolving executive branch one can see the necessary adaptations made by their respective presidents. Each change in policy led to a different understanding of what the executive's role in the United States government is. Each new role of the executive led to different interpretations of what the Constitution implies that office should be. Every shift in policy, Constitutional interpretation, or focus of public opinion, was essential to represent the changing needs of such a complex nation. The Modern and Partisan presidencies differ greatly from the Constitutional, in their approach to such a dignified and influential office, but each evolved with the United States in its attempt to maintain a Democratic-Republic.

Sidney Milkis, The American Presidency (Washington D.C.: Congressional Quarterly Books 1999) 6,8, 73,81,74,76,68,70,89,94,99,100,101,119,118,265,264,270,270,271,300,373

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