Crisis and Command

1. Presidential power evolves to meet national challenges

The Presidency could have evolved into a weak office whose occupants served as the Clerks-in-Chief to Congress.

Adaptive executive power. The scope of presidential authority has expanded over time in response to crises and changing national needs. This evolution was not inevitable, but resulted from presidents interpreting their constitutional powers broadly to address emergencies and pursue the national interest. Key examples include Jefferson's Louisiana Purchase, Lincoln's Civil War actions, and FDR's New Deal programs. These expansions of power allowed presidents to act decisively during critical moments in American history.

Catalysts for expanded power:

• National security threats
• Economic crises
• Technological/social changes
• Global leadership role

Areas of increased authority:

• Foreign policy
• Military affairs
• Economic regulation
• Executive orders

2. Founding Fathers designed a flexible executive branch

The ordeals of the nation's founding, the Napoleonic Wars, the Civil War, or World War II were not overcome without Presidents of the day making use of the very broadest reach of their constitutional powers.

Constitutional flexibility. The Framers intentionally crafted Article II to allow for an adaptable presidency. They rejected a weak executive in favor of a unitary president with undefined "executive power" and roles as Commander-in-Chief and Chief Executive. This flexibility enabled presidents to exercise authority beyond explicitly enumerated powers when necessary to govern effectively and protect national interests.

Key elements of constitutional design:

• Vague "executive power" clause
• Commander-in-Chief authority
• Take Care clause
• Veto power
• Appointment power

The Founders anticipated the need for energetic leadership during crises, drawing lessons from the Articles of Confederation's failures. They sought to balance the benefits of a strong executive with protections against tyranny through checks and balances.

3. Jefferson expanded presidential authority through prerogative

Jefferson's vision of the Presidency was the product of the lessons of experience.

Jeffersonian prerogative. Despite his rhetoric favoring limited government, Jefferson significantly expanded presidential power through his theory of prerogative - the idea that executives can act beyond their normal authority in emergencies to preserve the nation. He applied this concept to justify the Louisiana Purchase despite constitutional qualms. Jefferson believed the president could take extraordinary actions if later ratified by the people, setting a precedent for broad executive discretion in times of crisis or opportunity.

Key aspects of Jeffersonian prerogative:

• Extra-constitutional action permitted in emergencies
• Requires post-hoc popular approval
• Intended for preserving the republic
• Distinct from formal constitutional powers

Jefferson's actions demonstrated the tension between strict constitutionalism and pragmatic governance that would recur throughout American history. His expansion of presidential power, despite his small-government philosophy, highlights how the office shapes its occupants.

4. Jackson democratized and strengthened the presidency

Jackson reconstructed the Presidency. His tenure in the office was every bit as revolutionary as that of Washington or Jefferson.

Jacksonian democracy. Andrew Jackson reimagined the presidency as the direct representative of the people, expanding its popular and institutional power. He claimed a mandate from his election to pursue his agenda, extensively used the veto power, and asserted executive authority in conflicts with Congress and the Supreme Court. Jackson's actions shifted power to the presidency and established it as a co-equal branch with a democratic base of support.

Jackson's key innovations:

• Claimed to represent the popular will
• Expanded use of veto for policy reasons
• Defied Supreme Court rulings
• Directly appealed to the public
• Used patronage to build party loyalty

Jackson's presidency marked a turning point, establishing many practices we now associate with strong presidents. His populist approach and vigorous use of executive power set the stage for further expansions by later presidents.

5. Lincoln's wartime actions set precedents for executive power

Lincoln became America's savior because he preserved the Union, freed the slaves, and launched a new birth of freedom. He set in motion a political, social, and economic revolution, but one that had the conservative goal of restoring the nation's constitutional system of government.

Wartime authority. Abraham Lincoln's bold actions during the Civil War dramatically expanded the scope of presidential power. He claimed broad war powers to preserve the Union, including suspending habeas corpus, imposing martial law, and issuing the Emancipation Proclamation without congressional approval. While controversial, Lincoln justified these moves as necessary to fulfill his constitutional duty to preserve the nation. His actions set important precedents for presidential authority during wartime and national emergencies.

Lincoln's key wartime actions:

• Mobilized military without Congress
• Suspended habeas corpus
• Imposed martial law/military trials
• Issued Emancipation Proclamation
• Suppressed dissent

Lincoln framed his expansive actions as temporary measures required by necessity, not permanent alterations to constitutional balance. His success in preserving the Union while eventually returning to normal governance solidified the president's role as the primary actor in times of crisis.

6. FDR transformed the presidency to combat Depression and war

FDR ought to be praised for trying every reasonable idea, including this transformation of executive-legislative relations, to reverse the sickening drop in economic activity.

New Deal expansion. Franklin D. Roosevelt fundamentally altered the role of the federal government and the presidency in American life. To combat the Great Depression, he vastly expanded federal power and positioned the president as the driving force for domestic policy. During World War II, he further concentrated authority in the executive branch to mobilize the nation. FDR's long tenure and activist approach permanently enlarged the scope of presidential power.

Key aspects of FDR's transformation:

• Extensive use of executive orders
• Creation of new federal agencies
• Expansion of federal economic regulation
• Centralization of war powers
• Direct appeals to the public via radio

FDR's presidency marked a turning point, with a far more activist federal government led by an empowered chief executive. While controversial, his actions set new baselines for presidential authority that largely endured after his tenure.

7. Cold War presidents expanded authority in foreign affairs

Presidents from Harry Truman to Ronald Reagan inherited the world that FDR made.

Cold War powers. The Cold War era saw further growth in presidential power, particularly in foreign affairs and national security. Presidents from Truman to Reagan claimed broad authority to conduct foreign policy, deploy military forces, and engage in covert actions with minimal congressional input. The perceived need for swift, decisive action against the Soviet threat justified this concentration of power in the executive branch.

Areas of expanded presidential authority:

• Committing troops abroad
• Conducting covert operations
• Negotiating executive agreements
• Imposing economic sanctions
• Developing nuclear strategy

Cold War presidents argued that the complex, fast-moving nature of superpower competition required expanded executive discretion. While Congress occasionally pushed back, it largely acquiesced to presidential initiative in foreign affairs during this period.

8. Broad executive power is essential for effective governance

A President who viewed his constitutional authorities as narrowed to executing the will of Congress might well have lost World War II.

Necessity of strong executive. The book argues that a robust presidency with significant discretionary power is crucial for effective national governance, particularly in foreign affairs and during crises. It contends that many of America's greatest achievements and successful navigations of perilous times were only possible because presidents claimed and exercised broad authority. The alternative - a weak executive subservient to Congress - would leave the nation dangerously hamstrung.

Benefits of strong presidency:

• Swift action during emergencies
• Coherent foreign policy
• Ability to seize fleeting opportunities
• National leadership during crises
• Check on congressional gridlock

The author suggests that while limits on executive power are important, an excessively constrained presidency would be unable to meet the challenges facing a global superpower. The flexibility of presidential power allows the government to adapt to changing circumstances.

9. Critics often mischaracterize expansions of presidential power

To say that the Constitution did not permit the acquisition of new territory or its incorporation into the Union as new states. The Constitution has no express provision providing for the addition of territory.

Misunderstood authority. The book argues that many critics of expanded presidential power misunderstand or misrepresent the constitutional basis for executive authority. It contends that actions often decried as overreach or unconstitutional are actually within the president's remit when properly understood. The author suggests these criticisms often stem from policy disagreements rather than genuine constitutional concerns.

Common mischaracterizations:

• Ignoring constitutional ambiguity
• Overstating congressional authority
• Misreading judicial precedents
• Conflating policy and constitutional issues
• Neglecting historical practice

The book emphasizes the need to distinguish between genuinely unconstitutional actions and controversial but lawful exercises of presidential discretion. It argues for a nuanced understanding of executive power grounded in constitutional text, structure, and historical practice.

10. The Constitution empowers presidents to act decisively

For those matters properly classified as executive in nature, the President would govern, subject to the explicit exceptions and power sharing set out in the Constitution.

Constitutional empowerment. Contrary to claims that expanded presidential power violates the Constitution, the book argues that the Framers intentionally crafted a flexible executive branch capable of energetic action. It contends that the Constitution's vesting of "executive power" and Commander-in-Chief authority, combined with the Take Care clause, provides a solid foundation for robust presidential action. This design allows presidents to address unforeseen challenges and protect national interests.

Sources of constitutional authority:

• Article II Vesting Clause
• Commander-in-Chief power
• Take Care clause
• Appointment power
• Foreign affairs responsibility

The author argues for understanding presidential power through the lens of the Constitution's structure and purposes, not just narrow textualism. This approach recognizes the Framers' intent to create an effective, adaptable executive while maintaining ultimate accountability to the people through elections.

Last updated: August 8, 2024