12.1 The Design and Evolution of the Presidency

The presidency, a cornerstone of American democracy, was designed as a single executive role to ensure decisive leadership. The Founders created an indirect election process through the Electoral College, aiming to balance democratic ideals with safeguards against potential tyranny.

Over time, presidential powers have expanded significantly. This growth stems from the increasing complexity of government, national crises, and public expectations for strong leadership. However, constitutional checks, public opinion, and practical limitations continue to constrain presidential authority.

The Presidency: Design and Evolution

Original design of executive branch

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• Single executive (president) instead of multiple executives or executive council
  • Feared plural executive would lead to conflict and inefficiency
  • Believed single leader could act with greater energy and decisiveness
• Indirect election of president through Electoral College
  • Founders distrusted direct democracy and feared mob rule
  • Electors originally chosen by state legislatures (later changed to popular vote)
• Alternative proposals considered:
  • Executive council with rotating chairmanship
  • President selected by Congress
  • Direct election of president by the people (rejected due to fear of demagoguery)
• President's term of office set at four years
  • Eligible for reelection
  • Some argued for single, longer term to reduce political pressures
• Impeachment process established as check on presidential power
  • Allows for removal of president for "treason, bribery, or other high crimes and misdemeanors"
  • Designed to prevent abuse of power and provide accountability

Executive Branch Structure and Functions

• Cabinet: advisory body of department heads appointed by the president
• Executive branch: implements and enforces laws, led by the president
• Presidential succession: established order of succession if president is unable to serve
• State of the Union address: annual speech to Congress on the country's condition and policy agenda

Expansion of presidential powers

• Growth of federal government and administrative state expanded presidential responsibilities
  • Increased scope and complexity of government
  • Presidents assumed more control over executive branch
• Presidential war powers expanded over time
  • Presidents took more active role in initiating and conducting military operations (Vietnam War)
  • War Powers Resolution (1973) attempted to limit president's ability to commit troops without congressional approval
• Increased use of executive orders and agreements to bypass Congress
  • Allowed presidents to implement policies unilaterally (FDR's New Deal programs, Obama's DACA, Trump's travel ban)
• Rise of "rhetorical presidency"
  • Presidents now communicate directly with public to shape opinion and pressure Congress
  • Utilize mass media and public appearances to rally support for policies
  • Use of the "bully pulpit" to advocate for policies and shape public opinion
• Reasons for expansion of powers:
  • Responses to national crises and emergencies (Great Depression, World Wars, 9/11)
  • Gridlock and partisan polarization in Congress
  • Public expectations for presidential leadership and problem-solving
  • Ambiguity of Article II powers and lack of clear constraints

Limitations on presidential authority

• Constitutional limitations:
  • Separation of powers and checks and balances
    • Congress can override vetoes, reject nominations, withhold funding
    • Courts can strike down executive actions as unconstitutional
  • Federalism and states' rights
    • President's authority limited to enumerated federal powers
    • States retain significant autonomy and can resist federal policies (marijuana legalization)
  • Bill of Rights protections
    • President must respect individual rights and liberties
    • Examples: due process, freedom of speech and religion, privacy rights
• Practical limitations:
  • Public opinion and electoral pressures
    • Presidents must maintain public support to advance agenda
    • Unpopular policies can lead to midterm losses and reelection challenges
  • Media scrutiny and investigative reporting
    • Press acts as watchdog, exposing scandals and abuses of power (Watergate)
    • Negative coverage can erode presidential credibility and influence
  • Bureaucratic resistance and inertia
    • Career officials may resist or slow-walk presidential directives
    • Leaks and whistleblowers can undermine presidential control
  • International constraints and alliances
    • Presidents must navigate complex global relationships and treaties
    • Unilateral actions can strain alliances and provoke backlash (withdrawal from Paris Climate Agreement)
• Executive privilege: president's right to withhold certain information from Congress and courts
• Presidential pardon: power to grant clemency for federal crimes, often controversial