The Presidency

The presidency has become the center of American government. The founders didn’t quite intend this.

Constitutional Powers

Article II vests “the executive power” in the president. But what does that mean?

Formal Powers

1. Military: Commander in chief of armed forces. Can deploy troops, though only Congress can declare war
2. Diplomatic: Makes treaties (with 2/3 Senate approval). Appoints ambassadors (with Senate confirmation). Receives foreign ambassadors (implying power to recognize foreign governments)
3. Appointments: Appoints federal judges, cabinet members, and other executive officials (with Senate confirmation)
4. Legislative: Can recommend legislation to Congress. Signs or vetoes bills. Can call special sessions
5. Judicial: Grants pardons and reprieves for federal offenses

Informal Powers

1. Executive orders

   • Directives to executive branch agencies
   • Have the force of law but can be reversed by subsequent presidents or overturned by Congress or courts

2. Executive agreements

   • International agreements that don’t require Senate ratification
   • Used far more often than treaties

3. Signing statements

   • Written comments issued when signing legislation
   • Can express the president’s interpretation of the law or intent not to enforce certain provisions

4. Bargaining and persuasion

   • Richard Neustadt’s famous formulation: “Presidential power is the power to persuade”
   • The president’s formal powers are limited; actual power comes from convincing others to follow

5. Bully pulpit

   • Using the visibility of the office to shape public opinion and pressure Congress

Federalist No. 70: The Case for Energy

Hamilton argued for a strong, unitary executive: “Energy in the Executive is a leading character in the definition of good government.”

A single executive provides:

• Decision: One person can act decisively
• Activity: Quick response to emergencies
• Secrecy: Essential for diplomacy and intelligence
• Dispatch: Speed in execution

Hamilton wanted an energetic president who could act effectively. But he also believed in checks on that power.

Checks on the President

Congressional Checks

• Power of the purse: Congress controls appropriations
• Confirmation: Senate confirms appointments
• Treaties: Senate ratifies treaties (2/3 vote)
• Legislation: Congress can override vetoes (2/3 of both chambers)
• Oversight: Investigations, hearings, subpoenas
• Impeachment: House impeaches, Senate tries

Judicial Checks

• Courts can declare executive actions unconstitutional
• Injunctions can halt executive branch actions
• Criminal prosecution of executive officials (though not the sitting president, under current DOJ policy)

Expansion of Presidential Power

The presidency has grown far more powerful than the founders anticipated.

Sources of Expansion

1. War and crisis

   • Presidents gain power during emergencies
   • Lincoln suspended habeas corpus
   • FDR created the modern administrative state
   • The Cold War made the president the leader of the free world

2. Media

   • Radio, television, and social media put the president at the center of public attention
   • Congress is 535 voices; the president is one

3. Public expectations

   • Americans expect the president to manage the economy, respond to crises, and lead on every issue
   • These expectations exceed formal powers

4. Congressional dysfunction

   • When Congress can’t act, presidents fill the vacuum with executive action

The Twenty-Second Amendment

Ratified in 1951, this limits presidents to two terms. It was a reaction to FDR’s four elections. Some see it as a necessary check; others argue it makes second-term presidents lame ducks.

The Executive Branch

The president doesn’t act alone. A vast apparatus supports presidential power.

The Cabinet

Heads of the 15 executive departments (State, Treasury, Defense, etc.)

• Cabinet members are appointed by the president and confirmed by the Senate
• In theory, the cabinet advises the president
• In practice, presidents often ignore it
• Cabinet members run their departments; collective decision-making is rare

The Executive Office of the President

Created in 1939, the EOP includes the president’s closest advisors:

• White House Office: Personal staff. Chief of staff is often the most powerful person after the president
• National Security Council: Coordinates foreign and defense policy
• Office of Management and Budget: Prepares the budget; reviews agency regulations
• Council of Economic Advisers: Economic analysis and advice

These positions don’t require Senate confirmation (except OMB director), giving presidents more control.

The Vice President

Constitutional role:

• Presides over the Senate (voting only to break ties)
• Succeeds the president if necessary

Historical evolution:

• Historically, the vice presidency was insignificant (“Not worth a bucket of warm spit,” said one VP)
• Modern VPs have become more important as presidential advisors and surrogates

Presidential Communication

The Bully Pulpit

Theodore Roosevelt called the presidency “a bully pulpit” (meaning wonderful, in the slang of his day). The president can command attention like no one else.

State of the Union

Annual address to Congress. Constitutionally required. Used to set the legislative agenda and speak directly to the public.

Media and Social Media

FDR’s fireside chats pioneered direct radio communication. JFK mastered television. Trump demonstrated the power (and risks) of Twitter. Each new medium reshapes how presidents communicate.

Modern presidents have enormous capacity to shape public opinion. But they also face constant scrutiny and criticism from an accelerated media cycle.

Tensions with Congress

Presidents and Congress often clash, even when the same party controls both.

Sources of Conflict

1. Different constituencies

   • Presidents represent the whole nation
   • Members of Congress represent states or districts

2. Different timelines

   • Presidents think in terms of their legacy
   • Members think about the next election

3. Institutional rivalry

   • Each branch protects its prerogatives

4. Policy disagreements

   • Even within parties, there are ideological differences

Executive Orders and Congressional Response

When Congress won’t act, presidents often use executive orders. Congress can respond by:

• Passing legislation that overrides the order
• Defunding implementation
• Investigating and publicizing
• Taking legal action

Executive orders are powerful but reversible. The next president can undo them.

The Takeaway

✅ The presidency is more powerful than the founders designed but still constrained

Formal powers are limited; informal powers depend on persuasion, public opinion, and political context.

Understanding the presidency means understanding:

• The difference between formal and informal powers
• How presidential power has expanded over time
• The relationship between the president and the executive branch apparatus
• The ongoing tension between presidential action and congressional/judicial checks

The president is the most visible figure in American politics, but their power is often more limited than it appears.