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President: Difference between revisions
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The ascendancy of [[Franklin D. Roosevelt]] in 1933 led further toward what historians now describe as the [[Imperial Presidency|Imperial presidency]].<ref>{{Cite book|url=https://archive.org/details/imperialpresiden00schl|title=The Imperial Presidency|last=Schlesinger| first=Arthur M. Jr. |date=1973|publisher=Houghton Mifflin|others=Frank and Virginia Williams Collection of Lincolniana (Mississippi State University. Libraries)|isbn=0-395-17713-8|location=Boston|pages=x|oclc=704887|author-link=Arthur M. Schlesinger Jr.|url-access=registration}}</ref> Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's [[New Deal]] dramatically increased the size and scope of the federal government, including more executive agencies.<ref name=JohnYooFDR>{{cite journal |last1=Yoo |first1=John |title=Franklin Roosevelt and Presidential Power |journal=Chapman Law Review |date=February 14, 2018 |volume=21 |issue=1 |page=205 |ssrn=3123894 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3123894}}</ref>{{rp|211–12}} The traditionally small presidential staff was greatly expanded, with the [[Executive Office of the President]] being created in 1939, none of whom require Senate confirmation.<ref name=JohnYooFDR />{{rp|229–231}} Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in [[World War II]], and the nation's growing economy all helped established the office as a position of global leadership.<ref name=JohnYooFDR />{{rp|269}} His successors, [[Harry Truman]] and Dwight D. Eisenhower, each served two terms as the [[Cold War]] led the presidency to be viewed as the "[[leader of the free world]]",<ref>Tierney, Dominic (January 24, 2017). [https://www.theatlantic.com/international/archive/2017/01/trump-free-world-leader/514232/ "What Does It Mean That Trump Is 'Leader of the Free World'?"]. ''[[The Atlantic]]''.</ref> while [[John F. Kennedy]] was a youthful and popular leader who benefited from the rise of television in the 1960s.<ref>{{cite news |last1=Eschner |first1=Kat |title=A Year Before His Presidential Debate, JFK Foresaw How TV Would Change Politics |url=https://www.smithsonianmag.com/smart-news/what-jfk-had-say-about-tv-politics-180967172/ |access-date=September 12, 2020 |publisher=Smithsonian Magazine |date=November 14, 2017}}</ref><ref>{{cite news |last1=Simon |first1=Ron |title=See How JFK Created a Presidency for the Television Age |url=https://time.com/4795637/jfk-television/ |access-date=September 12, 2020 |publisher=Time |date=May 29, 2017}}</ref> | The ascendancy of [[Franklin D. Roosevelt]] in 1933 led further toward what historians now describe as the [[Imperial Presidency|Imperial presidency]].<ref>{{Cite book|url=https://archive.org/details/imperialpresiden00schl|title=The Imperial Presidency|last=Schlesinger| first=Arthur M. Jr. |date=1973|publisher=Houghton Mifflin|others=Frank and Virginia Williams Collection of Lincolniana (Mississippi State University. Libraries)|isbn=0-395-17713-8|location=Boston|pages=x|oclc=704887|author-link=Arthur M. Schlesinger Jr.|url-access=registration}}</ref> Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's [[New Deal]] dramatically increased the size and scope of the federal government, including more executive agencies.<ref name=JohnYooFDR>{{cite journal |last1=Yoo |first1=John |title=Franklin Roosevelt and Presidential Power |journal=Chapman Law Review |date=February 14, 2018 |volume=21 |issue=1 |page=205 |ssrn=3123894 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3123894}}</ref>{{rp|211–12}} The traditionally small presidential staff was greatly expanded, with the [[Executive Office of the President]] being created in 1939, none of whom require Senate confirmation.<ref name=JohnYooFDR />{{rp|229–231}} Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in [[World War II]], and the nation's growing economy all helped established the office as a position of global leadership.<ref name=JohnYooFDR />{{rp|269}} His successors, [[Harry Truman]] and Dwight D. Eisenhower, each served two terms as the [[Cold War]] led the presidency to be viewed as the "[[leader of the free world]]",<ref>Tierney, Dominic (January 24, 2017). [https://www.theatlantic.com/international/archive/2017/01/trump-free-world-leader/514232/ "What Does It Mean That Trump Is 'Leader of the Free World'?"]. ''[[The Atlantic]]''.</ref> while [[John F. Kennedy]] was a youthful and popular leader who benefited from the rise of television in the 1960s.<ref>{{cite news |last1=Eschner |first1=Kat |title=A Year Before His Presidential Debate, JFK Foresaw How TV Would Change Politics |url=https://www.smithsonianmag.com/smart-news/what-jfk-had-say-about-tv-politics-180967172/ |access-date=September 12, 2020 |publisher=Smithsonian Magazine |date=November 14, 2017}}</ref><ref>{{cite news |last1=Simon |first1=Ron |title=See How JFK Created a Presidency for the Television Age |url=https://time.com/4795637/jfk-television/ |access-date=September 12, 2020 |publisher=Time |date=May 29, 2017}}</ref> | ||
After Lyndon B. Johnson lost popular support due to the | After Lyndon B. Johnson lost popular support due to the Vietnam War and [[Richard Nixon]]'s presidency collapsed in the [[Watergate scandal]], Congress enacted a series of reforms intended to reassert itself.<ref>{{cite news |last1=Wallach |first1=Philip |title=When Congress won the American people's respect: Watergate |url=https://www.legbranch.org/2018-4-25-when-congress-won-the-american-peoples-respect-watergate/ |access-date=September 12, 2020 |publisher=LegBranch.org |date=April 26, 2018}}</ref><ref>{{cite news |last1=Berger |first1=Sam |last2=Tausanovitch |first2=Alex |title=Lessons From Watergate |url=https://www.americanprogress.org/issues/democracy/reports/2018/07/30/454058/lessons-from-watergate/ |access-date=September 12, 2020 |publisher=Center for American Progress |date=July 30, 2018}}</ref> These included the [[War Powers Resolution]], enacted over Nixon's veto in 1973,<ref>{{USStat|87|555}}, 559–560.</ref><ref>{{cite news |last1=Madden |first1=Richard |title=House and Senate Override Veto by Nixon on Curb of War Powers; Backers of Bill Win 3-Year Fight |url=https://www.nytimes.com/1973/11/08/archives/house-and-senate-override-veto-by-nixon-on-curb-of-war-powers.html |access-date=September 12, 2020 |work=The New York Times |date=November 8, 1973}}</ref> and the [[Congressional Budget and Impoundment Control Act of 1974]] that sought to strengthen congressional fiscal powers.<ref>{{cite news |last1=Glass |first1=Andrew |title=Budget and Impoundment Control Act becomes law, July 12, 1974 |url=https://www.politico.com/story/2017/07/12/budget-and-impoundment-control-act-becomes-law-july-12-1974-240372 |access-date=September 12, 2020 |publisher=Politico |date=July 12, 2017}}</ref> By 1976, [[Gerald Ford]] conceded that "the historic pendulum" had swung toward Congress, raising the possibility of a "disruptive" erosion of his ability to govern.<ref>{{cite news |last1=Shabecoff |first1=Philip |title=Presidency Is Found Weaker Under Ford |url=https://www.nytimes.com/1976/03/28/archives/presidency-is-found-weaker-under-ford-curbs-on-exerting-power-seen.html |access-date=September 9, 2020 |work=The New York Times |date=March 28, 1976}}</ref> Ford failed to win election to a full term and his successor, [[Jimmy Carter]], failed to win re-election. [[Ronald Reagan]], who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology.<ref>{{cite news |last1=Edwards |first1=Lee |title=What Made Reagan a Truly Great Communicator |url=https://www.heritage.org/conservatism/commentary/what-made-reagan-truly-great-communicator |access-date=September 12, 2020 |publisher=The Heritage Foundation |date=February 5, 2018}}</ref><ref>{{cite news |last1=Brands |first1=H. W. |title=What Reagan Learned from FDR |url=https://historynewsnetwork.org/article/159389 |access-date=September 12, 2020 |publisher=History News Network}}</ref> | ||
With the Cold War ending and the United States becoming the world's undisputed leading power,<ref>{{cite journal |last1=Sorensen |first1=Theodore |title=America's First Post-Cold War President |journal=Foreign Affairs |date=Fall 1992 |volume=71 |issue=4 |pages=13–30 |doi=10.2307/20045307 |jstor=20045307 |url=https://www.foreignaffairs.com/articles/1992-09-01/americas-first-post-cold-war-president}}</ref> [[Bill Clinton]], [[George W. Bush]], and [[Barack Obama]] each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the [[1994 United States elections|1994 mid-term elections]] that saw Republicans control the House for the first time in 40 years, and the rise of routine [[Filibuster in the United States Senate|filibusters]] in the Senate in recent decades.<ref>Barber, Michael; McCarty, Nolan (2013), [https://www.apsanet.org/portals/54/Files/Task%20Force%20Reports/Chapter2Mansbridge.pdf Causes and Consequences of Polarization] {{Webarchive|url=https://web.archive.org/web/20210114193351/https://www.apsanet.org/portals/54/Files/Task%20Force%20Reports/Chapter2Mansbridge.pdf |date=January 14, 2021 }}, American Political Science Association Task Force on Negotiating Agreement in Politics report, at 19–20, 37–38.</ref> Recent presidents have thus increasingly focused on [[executive order]]s, agency regulations, and judicial appointments to implement major policies, at the expense of legislation and congressional power.<ref>{{cite journal |last1=Rudalevige |first1=Andrew |title=The Letter of the Law: Administrative Discretion and Obama's Domestic Unilateralism |journal=The Forum |date=April 1, 2014 |volume=12 |issue=1 |pages=29–59 |doi=10.1515/for-2014-0023 |s2cid=145237493 |doi-access=free }}</ref> Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and [[Donald Trump]], winning in the Electoral College while losing the popular vote.{{efn-ua|See [[List of United States presidential elections by popular vote margin]].}} | With the Cold War ending and the United States becoming the world's undisputed leading power,<ref>{{cite journal |last1=Sorensen |first1=Theodore |title=America's First Post-Cold War President |journal=Foreign Affairs |date=Fall 1992 |volume=71 |issue=4 |pages=13–30 |doi=10.2307/20045307 |jstor=20045307 |url=https://www.foreignaffairs.com/articles/1992-09-01/americas-first-post-cold-war-president}}</ref> [[Bill Clinton]], [[George W. Bush]], and [[Barack Obama]] each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the [[1994 United States elections|1994 mid-term elections]] that saw Republicans control the House for the first time in 40 years, and the rise of routine [[Filibuster in the United States Senate|filibusters]] in the Senate in recent decades.<ref>Barber, Michael; McCarty, Nolan (2013), [https://www.apsanet.org/portals/54/Files/Task%20Force%20Reports/Chapter2Mansbridge.pdf Causes and Consequences of Polarization] {{Webarchive|url=https://web.archive.org/web/20210114193351/https://www.apsanet.org/portals/54/Files/Task%20Force%20Reports/Chapter2Mansbridge.pdf |date=January 14, 2021 }}, American Political Science Association Task Force on Negotiating Agreement in Politics report, at 19–20, 37–38.</ref> Recent presidents have thus increasingly focused on [[executive order]]s, agency regulations, and judicial appointments to implement major policies, at the expense of legislation and congressional power.<ref>{{cite journal |last1=Rudalevige |first1=Andrew |title=The Letter of the Law: Administrative Discretion and Obama's Domestic Unilateralism |journal=The Forum |date=April 1, 2014 |volume=12 |issue=1 |pages=29–59 |doi=10.1515/for-2014-0023 |s2cid=145237493 |doi-access=free }}</ref> Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and [[Donald Trump]], winning in the Electoral College while losing the popular vote.{{efn-ua|See [[List of United States presidential elections by popular vote margin]].}} | ||
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One of the most important of executive powers is the president's role as [[Powers of the president of the United States#Commander-in-chief|commander-in-chief]] of the [[United States Armed Forces]]. The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that the Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority.<ref>{{Cite web |url=https://constitutioncenter.org/interactive-constitution/articles/article-ii/commander-in-chief-clause-ramsey-and-vladeck/clause/25 |title=Common Interpretation: Commander in Chief Clause |last1=Ramsey |first1=Michael |last2=Vladeck |first2=Stephen |website=National Constitution Center Educational Resources (some internal navigation required) |publisher=National Constitution Center |access-date=May 23, 2017}}</ref> The framers of the Constitution took care to limit the president's powers regarding the military; [[Alexander Hamilton]] explained this in [[Federalist No. 69]]:{{blockquote|The President is to be commander-in-chief of the army and navy of the United States.{{nbsp}}... It would amount to nothing more than the supreme command and direction of the military and naval forces{{nbsp}}... while that [the power] of the [[Monarchy of Great Britain|British king]] extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which{{nbsp}}... would appertain to the legislature.<ref>[[Alexander Hamilton|Hamilton, Alexander]]. [http://www.constitution.org/fed/federa69.htm ''The Federalist'' #69] (reposting). Retrieved June 15, 2007.</ref> [Emphasis in the original.]|sign=|source=}} | One of the most important of executive powers is the president's role as [[Powers of the president of the United States#Commander-in-chief|commander-in-chief]] of the [[United States Armed Forces]]. The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that the Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority.<ref>{{Cite web |url=https://constitutioncenter.org/interactive-constitution/articles/article-ii/commander-in-chief-clause-ramsey-and-vladeck/clause/25 |title=Common Interpretation: Commander in Chief Clause |last1=Ramsey |first1=Michael |last2=Vladeck |first2=Stephen |website=National Constitution Center Educational Resources (some internal navigation required) |publisher=National Constitution Center |access-date=May 23, 2017}}</ref> The framers of the Constitution took care to limit the president's powers regarding the military; [[Alexander Hamilton]] explained this in [[Federalist No. 69]]:{{blockquote|The President is to be commander-in-chief of the army and navy of the United States.{{nbsp}}... It would amount to nothing more than the supreme command and direction of the military and naval forces{{nbsp}}... while that [the power] of the [[Monarchy of Great Britain|British king]] extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which{{nbsp}}... would appertain to the legislature.<ref>[[Alexander Hamilton|Hamilton, Alexander]]. [http://www.constitution.org/fed/federa69.htm ''The Federalist'' #69] (reposting). Retrieved June 15, 2007.</ref> [Emphasis in the original.]|sign=|source=}} | ||
In the modern era, pursuant to the [[War Powers Resolution]], Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual.<ref name="miller-center">{{Cite web |url=http://millercenter.org/policy/commissions/warpowers/report |title=The National War Powers Commission Report |last1=Christopher |first1=James A. |last2=Baker, III |date=July 8, 2008 |publisher=The Miller Center of Public Affairs at the University of Virginia |format=PDF |url-status=dead |archive-url=https://web.archive.org/web/20101126165009/http://millercenter.org/policy/commissions/warpowers/report |archive-date=November 26, 2010 |access-date=December 15, 2010 |quote=No clear mechanism or requirement exists today for the president and Congress to consult. The War Powers Resolution of 1973 contains only vague consultation requirements. Instead, it relies on reporting requirements that, if triggered, begin the clock running for Congress to approve the particular armed conflict. By the terms of the 1973 Resolution, however, Congress need not act to disapprove the conflict; the cessation of all hostilities is required in 60 to 90 days merely if Congress fails to act. Many have criticized this aspect of the Resolution as unwise and unconstitutional, and no president in the past 35 years has filed a report "pursuant" to these triggering provisions. }}</ref> Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war,<ref name="tws12novef">{{Cite news |url=http://www.time.com/time/magazine/article/0,9171,878290,00.html |archive-url=https://web.archive.org/web/20080107101712/http://www.time.com/time/magazine/article/0,9171,878290,00.html |url-status=dead |archive-date=January 7, 2008 |title=The Law: The President's War Powers |date=June 1, 1970 |magazine=Time |access-date=September 28, 2009 }}</ref><ref name="tws8nov102">{{Cite news |last=Mitchell |first=Alison |url=https://www.nytimes.com/1999/05/02/weekinreview/the-world-only-congress-can-declare-war-really-it-s-true.html |title=The World; Only Congress Can Declare War. Really. It's True |date=May 2, 1999 |work=The New York Times |access-date=November 8, 2009 |quote=Presidents have sent forces abroad more than 100 times; Congress has declared war only five times: the War of 1812, the Mexican War, the Spanish–American War, World War I and World War II.}}</ref> but critics have charged that there have been several conflicts in which presidents did not get official declarations, including [[Theodore Roosevelt]]'s military move into [[Panama]] in 1903,<ref name="tws12novef" /> the [[Korean War]],<ref name="tws12novef" /> the | In the modern era, pursuant to the [[War Powers Resolution]], Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual.<ref name="miller-center">{{Cite web |url=http://millercenter.org/policy/commissions/warpowers/report |title=The National War Powers Commission Report |last1=Christopher |first1=James A. |last2=Baker, III |date=July 8, 2008 |publisher=The Miller Center of Public Affairs at the University of Virginia |format=PDF |url-status=dead |archive-url=https://web.archive.org/web/20101126165009/http://millercenter.org/policy/commissions/warpowers/report |archive-date=November 26, 2010 |access-date=December 15, 2010 |quote=No clear mechanism or requirement exists today for the president and Congress to consult. The War Powers Resolution of 1973 contains only vague consultation requirements. Instead, it relies on reporting requirements that, if triggered, begin the clock running for Congress to approve the particular armed conflict. By the terms of the 1973 Resolution, however, Congress need not act to disapprove the conflict; the cessation of all hostilities is required in 60 to 90 days merely if Congress fails to act. Many have criticized this aspect of the Resolution as unwise and unconstitutional, and no president in the past 35 years has filed a report "pursuant" to these triggering provisions. }}</ref> Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war,<ref name="tws12novef">{{Cite news |url=http://www.time.com/time/magazine/article/0,9171,878290,00.html |archive-url=https://web.archive.org/web/20080107101712/http://www.time.com/time/magazine/article/0,9171,878290,00.html |url-status=dead |archive-date=January 7, 2008 |title=The Law: The President's War Powers |date=June 1, 1970 |magazine=Time |access-date=September 28, 2009 }}</ref><ref name="tws8nov102">{{Cite news |last=Mitchell |first=Alison |url=https://www.nytimes.com/1999/05/02/weekinreview/the-world-only-congress-can-declare-war-really-it-s-true.html |title=The World; Only Congress Can Declare War. Really. It's True |date=May 2, 1999 |work=The New York Times |access-date=November 8, 2009 |quote=Presidents have sent forces abroad more than 100 times; Congress has declared war only five times: the War of 1812, the Mexican War, the Spanish–American War, World War I and World War II.}}</ref> but critics have charged that there have been several conflicts in which presidents did not get official declarations, including [[Theodore Roosevelt]]'s military move into [[Panama]] in 1903,<ref name="tws12novef" /> the [[Korean War]],<ref name="tws12novef" /> the Vietnam War,<ref name="tws12novef" /> and the invasions of [[Grenada]] in 1983<ref name="tws8nov101">{{Cite news |last=Mitchell |first=Alison |url=https://www.nytimes.com/1999/05/02/weekinreview/the-world-only-congress-can-declare-war-really-it-s-true.html |title=The World; Only Congress Can Declare War. Really. It's True |date=May 2, 1999 |work=The New York Times |access-date=November 8, 2009 |quote=President Reagan told Congress of the invasion of Grenada two hours after he had ordered the landing. He told Congressional leaders of the bombing of Libya while the aircraft were on their way.}}</ref> and [[Panama]] in 1989.<ref name="tws8nov100">{{Cite news |last=Gordon |first=Michael R. |url=https://www.nytimes.com/learning/general/onthisday/big/1220.html#article |title=U.S. troops move in Panama in effort to seize Noriega; gunfire is heard in capital |date=December 20, 1990 |work=The New York Times |access-date=November 8, 2009 |quote=It was not clear whether the White House consulted with Congressional leaders about the military action, or notified them in advance. Thomas S. Foley, the Speaker of the House, said on Tuesday night that he had not been alerted by the Administration.}}</ref> | ||
The amount of military detail handled personally by the president in wartime has varied greatly.<ref>Andrew J. Polsky, ''Elusive Victories: The American Presidency at War'' (Oxford University Press, 2012) [https://www.h-net.org/reviews/showrev.php?id=37003 online review]</ref> George Washington, the first U.S. president, firmly established [[civilian control of the military|military subordination under civilian authority]]. In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the [[Whiskey Rebellion]], a conflict in [[Western Pennsylvania]] involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian [[Joseph Ellis]], this was the "first and only time a sitting American president led troops in the field", though [[James Madison]] briefly took control of artillery units in [[Burning of Washington|defense of Washington, D.C.]], during the [[War of 1812]].<ref>{{Cite web |url=http://www.history.org/foundation/journal/summer12/george.cfm |title=George Washington and the Evolution of the American Commander in Chief |publisher=The Colonial Williamsburg Foundation}}</ref> Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War, 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as [[Ulysses S. Grant]].<ref>James M. McPherson, ''Tried by War: Abraham Lincoln As Commander in Chief'' (2009)</ref> | The amount of military detail handled personally by the president in wartime has varied greatly.<ref>Andrew J. Polsky, ''Elusive Victories: The American Presidency at War'' (Oxford University Press, 2012) [https://www.h-net.org/reviews/showrev.php?id=37003 online review]</ref> George Washington, the first U.S. president, firmly established [[civilian control of the military|military subordination under civilian authority]]. In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the [[Whiskey Rebellion]], a conflict in [[Western Pennsylvania]] involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian [[Joseph Ellis]], this was the "first and only time a sitting American president led troops in the field", though [[James Madison]] briefly took control of artillery units in [[Burning of Washington|defense of Washington, D.C.]], during the [[War of 1812]].<ref>{{Cite web |url=http://www.history.org/foundation/journal/summer12/george.cfm |title=George Washington and the Evolution of the American Commander in Chief |publisher=The Colonial Williamsburg Foundation}}</ref> Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War, 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as [[Ulysses S. Grant]].<ref>James M. McPherson, ''Tried by War: Abraham Lincoln As Commander in Chief'' (2009)</ref> | ||