14.2 The Presidency's Influence on American Democracy

The presidency wields immense influence on American democracy. From expanding executive power to shaping public opinion, presidents have transformed their role far beyond what the Founders envisioned. This evolution has sparked ongoing debates about the proper balance of power in our system.

Presidents use various tools to advance their agendas, like executive orders and the bully pulpit. While checks and balances aim to constrain executive authority, presidents have found ways to push boundaries. Their actions can unite or divide the nation, highlighting the office's profound impact on our democracy.

Presidential Power and Authority

Expansion of Executive Power

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• Presidents have gradually expanded their power and authority over time, often pushing the boundaries of what is constitutionally permissible
• This expansion has occurred through a combination of assertive presidential actions, congressional acquiescence, and judicial deference
• Examples of expanded executive power include the use of executive orders to bypass Congress (Emancipation Proclamation) and the deployment of military force without explicit congressional authorization (Korean War)

Theories of Executive Power

• The unitary executive theory holds that the President has complete control over the executive branch and can direct all executive officials
• This theory is based on a broad interpretation of the Constitution's Article II vesting clause, which states that "The executive Power shall be vested in a President of the United States of America"
• Proponents argue this grants the President expansive powers, while critics contend it must be balanced against other constitutional provisions and principles
• Constitutional interpretation plays a crucial role in defining the scope of presidential power, with different approaches (originalism, living constitutionalism) leading to different conclusions

Tools of Presidential Power

• Executive orders are presidential directives that have the force of law and allow the President to take action without congressional approval
• While not explicitly mentioned in the Constitution, executive orders have been used by every President and have become an established tool of executive power (Executive Order 9066 authorizing Japanese internment during WWII)
• Presidential precedents, where Presidents take actions that set new norms and expectations for future presidents, can also expand executive power over time
• For example, President George Washington's decision to issue the Neutrality Proclamation in 1793 established the precedent of presidential authority over foreign policy

Checks and Balances

Constitutional Checks on Presidential Power

• The system of checks and balances, designed by the Framers to prevent any one branch from becoming too powerful, places important limits on presidential authority
• Congress can check the President through its powers to legislate, appropriate funds, confirm nominations, ratify treaties, and oversight
• The Supreme Court can check the President by ruling executive actions unconstitutional (Youngstown Sheet & Tube Co. v. Sawyer) and interpreting the scope of presidential power

Appointment Power and Judicial Checks

• The President's power to appoint federal judges, including Supreme Court justices, allows them to shape the composition and ideological balance of the judiciary
• However, this power is checked by the Senate's role in confirming judicial appointments, which can lead to political battles and delays (Robert Bork's failed nomination in 1987)
• Once confirmed, federal judges have life tenure and can serve as a long-term check on presidential power by ruling against executive actions they deem unconstitutional

Democratic Norms and Informal Checks

• Democratic norms, unwritten rules and conventions that govern political behavior, also constrain presidential power
• These norms include respect for the rule of law, adherence to established institutional processes, and the peaceful transfer of power
• Violations of democratic norms, such as refusing to comply with congressional subpoenas or undermining faith in elections, can erode the informal checks on presidential power
• The media, civil society organizations, and public opinion can also act as informal checks by scrutinizing presidential actions and holding leaders accountable

Influence on Public Discourse

Shaping Public Opinion

• Presidents have a unique ability to shape public opinion and set the national agenda through their public communications and actions
• The bully pulpit, a term coined by President Theodore Roosevelt, refers to the President's ability to use their platform to advocate for policies and influence public debate
• Presidents can use speeches (State of the Union), press conferences, and other public appearances to rally support for their initiatives and frame issues in favorable terms
• The rise of social media has provided presidents with new tools to communicate directly with the public and shape the narrative around their presidency (President Trump's use of Twitter)

Setting the Policy Agenda

• Presidents play a central role in setting the policy agenda and determining which issues receive national attention and legislative action
• Through their annual budget proposals, State of the Union addresses, and legislative priorities, presidents can signal to Congress and the public what they believe are the most pressing issues facing the country
• Presidents can also use their executive powers, such as executive orders and regulatory actions, to advance their policy goals and force issues onto the national agenda (President Obama's DACA program for undocumented immigrants)

Promoting National Unity

• As the only nationally elected official, the President has a unique responsibility to serve as a symbol of national unity and to bring the country together in times of crisis or division
• Presidents often invoke themes of unity, shared values, and common purpose in their public rhetoric, particularly during inaugural addresses and moments of national tragedy (President Bush's speech after the 9/11 attacks)
• By appealing to the nation's highest ideals and calling for solidarity, presidents can help heal divisions, mobilize collective action, and inspire a sense of national purpose
• However, presidents can also deepen societal divides if they engage in polarizing rhetoric, fail to condemn extremism, or prioritize partisan interests over national well-being