Political Analysis
Introduction
The constitution was framed in way that the three branches of government, the executive, the judiciary and the legislature would limit each other’s power. This paper analyses the constitutional powers of the president. It also highlights the historical developments that have occurred in terms of using institutional and political resources to overcome presidential weaknesses. The last part of the paper is my perspective on the future balance of powers between the president and the congress.
The constitutional powers of the presidency
The president has delegated and implied powers under the constitution. Delegated powers empower the president to ensure that the laws are faithfully implemented. It is the Congress that delegates the power of enacting its will to the executive branch of government. There are also inherent powers which are implied presidential powers, and they are not expressly provided for in the constitution (Module 8, Lecture 1; The Constitution of the United States). The founders of the constitution anticipated a weak presidency due to the fact that the presidential powers enumerated were limited to diplomatic, judicial and military powers. The implied powers are greater, which include administration of the executive branch, legislative and judicial powers (The Constitution of the United States). It has the responsibility to appoint the judiciary and has taken various steps to shape the judiciary.
How 20th century has been able to use institutional and political resources to overcome presidential weaknesses
There are various ways in which the 20th Century has employed institutional and political resources to overcome presidential weaknesses. Presidential powers have not grown merely on the basis that the nation has grown. Presidential powers have grown because the presidents have continued to understand and appreciate the nature of the powers and how they can be extended to solve important issues. From the mid 19th Century to the 19th Century, the United States presidents were quacks and they performed their functions and responsibilities at the behest of Congress. Some of the presidents tried to transcend this problem by using discretionally, though they could only exercise discretion to the extent that the Congress would consent to the decision. The one exception to the 19th Century view of presidential powers was Abraham Lincoln. During Lincoln’s time, there were some states which sought to secede from the Union and the nation entered into Civil War. Unlike his predecessors, Lincoln transcended beyond the Congress limit by speaking directly to the people on matters of war, peace and later slavery. He was able to act as a national leader by speaking about popular concerns, a model which none of his predecessors had adopted. In the 20th Century, Teddy Roosevelt and Franklin Roosevelt contributed considerably in expanding the president’s scope of power. Teddy went over the heads of the Congress to speak directly to the nation about issues of concern. During Franklin’s time, the nation underwent economic depression. Franklin Roosevelt expanded the federal programs and established entitlement programs. The Congress was pleased with Roosevelt’s move in expanding the federal government, which was justified under the constitution. He also employed the model of speaking directly to the people through the radio (Module 8, Lecture 2).
Presidential powers extended in the late 20th Century as a result of national security concerns. The first military concern was surprises, which included the Pearl Harbor incident and the Soviet Union and the atomic bomb. Presidential powers were expanded during war time, and the Supreme Court restrained itself from checking presidential powers and allowed it for the atonement of Japanese-Americans. Prior to the atomic bomb, there was no need for quick response to military issues, but after the incident, military concerns increased and the President assumed inherent powers as the Commander-in-Chief. The military concern that expanded presidential powers during the late 20th Century was the development of a permanent peace-time military. After World War II, a large standing army remained, and this again reaffirmed the inherent powers of the President as Commander-in-Chief. The third military concern was fear of Communist expansion. For instance, after World War II, there was a division of Korea into South and Northern, and the North was majorly Communist. Due to fear of the expansion of Communism into the South, the Korean president immediately sought the American troops to assist the Korean army without notifying the Congress. The Congress acquiesced, and this gave the president the authority to act (Module 8, Lecture 2).
In addition to expansion of presidential powers during the 20th Century, the Congress also legislated the law to limit the same power (Module 8, Lecture 2). The Congress can limit the presidential powers through the statute. For instance, the War Powers Act (1973) limits the president’s veto power. It requires the president to notify the Congress within 48 hours where he intends to commit armed forces to military action. The president is then supposed to act with these forces as he deems fit for 60 days, and if the Congress refuses to approve military action after 60 days, he must withdraw the military forces within 3 days. This statutory provision was passed during President Nixon’s invasion in the Cambodian war without notification of the Senate.
The modern presidency uses federal programs to create national constituencies. Due to the rise of “plebliscitary” presidency, presidents in the modern United States are able to build popular support, especially in foreign policy (Module 10, Lecture 1). This ability to build popular support is called the rallying effect. For instance, George H.W. Bush was able to build popular support during the Persian Gulf War, which did not hold when Kuwait was invaded (Ginsberg et al, n.d.). However, it is a bit more difficult to build popular support on a domestic policy. The Congress is empowered to limit possible new presidential constituencies, like in the Clinton health care initiative which was not approved by the Congress. In addition, the president also has the power to use the media for speaking to a national constituency. The rise of the 24/7 presidency has led to the need for the president to always be on and take immediate action in cases of emergency concerns (Ginsberg et al, n.d.).
The White House and the executive branch have tried to manage the media and use it in shaping federal policies. In the modern times, it has become more difficult to ensure news management due to the fact that there have emerged numerous news outlets, especially the internet. Today, news is broadcasted all the time and the White House is expected to be at the top of it in presenting the ideas of the president and spinning current events. In addition, the presidents have been able to utilize new technologies to present their ideas to the people. Nonetheless, it is difficult for the presidents to shape their media image. For instance, President Nixon’s image got out of hand when he unleashed the ‘enemy list’ comprising those people who criticized him. He was perceived by the media as a leader who did not respect civil liberties. There are various ways in which the presidential powers with regards to the influence of the plebiscite. All presidents in the modern era have been faced with the challenges of revelation, investigation and prosecution. Revelation is the use of media to show mismanagement, wrongdoing or errors in administration. This is normally initiated by interest groups looking for intervention by the Congress. With regards to investigation, the Congressional oversight authority is used in investigating errors reported via the media. Prosecution involves court involvement in prosecuting wrongdoers. The revelation, investigation and prosecution requirements are often enough to undermine the popular support of the president and even weaken him more. These processes are important because they help in keeping the president within his constitutional limits by the Congress [Module 10, Lecture 2]. However, most revelations and investigations are usually political and undermine political power as well as reduce public trust in governance. President Obama has faced the challenge of low approval ratings by the Congress which have damaged his initiatives (Module 8, Lecture 4). Since the Republicans have larger numbers in the Congress, and they have been unwilling to work with Obama administration, the Congress pushed several revelations through the media in order to damage Obama’s political image. In addition, the Congress has been striving to empower Congressional committees to investigate any slight scandals in public hearings (Module 8, Lecture 1). There is a probability of future presidential prosecutions during Obama’s administration which will undermine his powers and public trust. Therefore, future presidents will face the challenge of diminished trust in governance as a whole (Module 8, Lecture 3).
The judiciary is the foundation of institutional powers of the presidency. The judiciary is characterized by two views, that is, as “the least dangerous branch” and “the imperial branch”. The Federalist Papers refer to the judiciary as the least dangerous branch to personal liberties than other branches. On the other hand, the “Imperial Judiciary” perceives the judiciary as placing itself at the center of contentious national concerns (Module 9, Lecture 1). The Supreme case is very selective in the cases that it hears. Most issues concerning the constitutionality of the legislation is taken to the Supreme Court, though it is always careful not to interfere with the powers of the Congress to enact laws (Module 9, Lecture 2).
The likely future balance of power between presidents and Congress
The Congress will have stronger powers than the Presidency, due to the fact that the Congress are able to manipulate the media to report politically instigated scandals which in turn lead to investigations and prosecutions that weaken the president’s power and diminish the public trust in the administration. The evidence shows a diminishing trend of public support for presidential initiatives without notification of the Congress. The Congress is more strong compared to the president and the executive branch, and as such, the presidential powers will continue to weaken due to the influence of the Congress on the media and its ability to enact laws which suit the interests of majority of its members. Presidents who go against the Congress will continue to be undermined and their public trust will diminish as a result, and the government will not be able to perform efficiently and effectively to meet the concerns of people.
Conclusion
The president has delegated and implied powers under the constitution. The founders of the constitution anticipated a weak presidency due to the fact that the presidential powers enumerated were limited to diplomatic, judicial and military powers. Presidential powers have grown because the presidents have continued to understand and appreciate the nature of the powers and how they can be extended to solve important issues. Presidents have learnt to use institutional and political resources to overcome the weaknesses of the presidency. However, the Congress has been ensuring that the President does not go beyond his powers by limiting the powers through legislation. With the current trend, it is worth noting that the Congress has stronger powers than the Presidency, and the powers will even increase in future. This is due to the ability of the Congress to use the media to politically fight the president by spoiling his public image and thus undermining the public trust.
References
Can American Government Govern? Introduction to American Government. [Module 10, Lecture 2]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_10_Lecture_2_-_MP4_with_Smart_Player_%28Large%29_-_20130722_03.33.52PM.html
Ginsberg, B., Lowi, T. J., Weir, M., & Spitzer, R. J., (n.d.). We the People: An Introduction to American Politics (Seventh Essentials Edition).
Nixon’s Enemies List. http://www.youtube.com/watch?v=Ih22WUKyCaM
Policymaking (Domestic and Foreign): Introduction to American Governance. [Module 10, Lecture 1]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_10_Lecture_1_-_MP4_with_Smart_Player_%28Large%29_-_20130719_05.17.38PM.html
Powers and Resources: Introduction to American Politics. [Module 8, Lecture 1]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_8_Lecture_1_-_MP4_with_Smart_Player_%28Large%29_-_20130712_02.28.33PM.html
President and the Congress in the Obama Years: Introduction to American Government [Module 8, Lecture 4]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_8_Lecture_4_-_MP4_with_Smart_Player_%28Large%29_-_20130712_04.46.02PM.html
The Constitution of the United States (pp. A11-A30)
The Courts: The Foundations of Institutional Power: Introduction to American Government. [Module 9, Lecture 1]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_9_Lecture_1_-_MP4_with_Smart_Player_%28Large%29_-_20130719_02.43.18PM.html
The Federal Courts Organization and Membership: Introduction to American Government. [Module 9, Lecture 2]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_9_Lecture_2_-_MP4_with_Smart_Player_%28Large%29_-_20130719_03.49.18PM.html
The Federalist Papers.
The Modern President and the Public: A Twin-Edged Sword- Introduction to American Government. [Module 8, Lecture 3]. Retrieved from: http://replay.uci.edu/media/public/summer2013/21_–_Module_8_Lecture_3_-_MP4_with_Smart_Player_%28Large%29_-_20130712_03.52.57PM.html
The Presidency- Expanded Powers in the Mid-20th Century: Introduction to American Government. [Module 8, Lecture 2]. http://replay.uci.edu/media/public/summer2013/21_–_Module_8_Lecture_2_-_MP4_with_Smart_Player_%28Large%29_-_20130712_01.29.25PM.html
Use the order calculator below and get started! Contact our live support team for any assistance or inquiry.
[order_calculator]