19.5.2 The imperial presidency.

Imperial Presidency

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Key Methods that Have Expanded Presidential Power

1. Aggressive Foreign Policy Without Declaration of War: The President, as Commander in Chief, has increasingly engaged in military actions without formal declarations of war by Congress. This practice allows the executive to conduct military operations with greater autonomy.
2. Executive Agreements: These are international agreements made by the President that do not require Senate ratification, unlike formal treaties. This method has enabled Presidents to engage in foreign policy actions without congressional involvement.
3. Signing Statements: These are written comments issued by the President when signing legislation. While not legally binding, they are used to express the President's interpretation of the law, sometimes indicating parts they consider unconstitutional or do not intend to enforce. This functions similarly to a line-item veto.

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Diminished Checks and Balances

The imperial presidency is marked by diminished legislative and judicial oversight, where the executive branch increasingly operates with minimal interference from Congress or the courts. This erosion of checks and balances allows the President to act with greater independence and authority.

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Examples of Imperial Presidency

• George W. Bush:

• Barack Obama:
  • Use of Executive Orders: Obama extensively used executive orders to achieve policy goals when Congress failed to act, particularly on immigration reform. After the DREAM Act failed to pass, Obama issued the DACA (Deferred Action for Childhood Arrivals) executive order to protect young undocumented immigrants from deportation.
  • Military Engagement in Libya: Obama engaged in military intervention in Libya without seeking prior congressional approval, demonstrating the growing tendency of Presidents to conduct military operations independently of Congress.
• Donald Trump:
  • National Emergency Declaration: In 2019, Trump declared a national emergency to divert funds for building a border wall after Congress denied the necessary funding. This action highlighted the use of executive power to circumvent legislative opposition.
  • Trade Policy and Tariffs: Trump altered trade policy through executive powers, unilaterally imposing tariffs and renegotiating trade agreements. This exercise of broad economic authority was done without direct legislative involvement, reflecting an imperial approach to executive power.
• Joe Biden:
  • Record Number of Executive Orders: Biden issued a record number of executive orders in his initial days in office, including actions to rejoin the Paris Climate Agreement. This reflects the continued trend of Presidents using executive orders to quickly implement policy changes.
  • Airstrikes in Syria: In early 2021, Biden ordered airstrikes in Syria without prior congressional approval, continuing the pattern of Presidents taking unilateral military action without legislative consent.

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Imperilled Presidency Theory

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Key Methods and Concepts

1. Reliance on Persuasion:

• Significance: Presidents must use their personal influence, negotiation skills, and the "bully pulpit" to persuade Congress, the public, and even international actors to support their policies. Unlike the "imperial presidency" model, which suggests Presidents can act unilaterally, the "imperilled presidency" emphasizes the necessity of compromise and facilitation.

2. Negotiating Compromise:

• Significance: The President's role is often less about making unilateral decisions and more about negotiating compromises to pass legislation. This reality underscores the limitations of presidential power, especially in a divided government.

3. Imperial Actions as a Response:

• Significance: The constraints imposed by the "imperilled presidency" might drive Presidents to act imperially, using executive orders, executive agreements, and other unilateral tools to bypass Congress when their formal powers prove insufficient.

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Examples of Imperilled Presidencies

• George W. Bush:

• Barack Obama:
  • Challenges Post-2010: After his first two years in office, during which he passed significant legislation like the Affordable Care Act, Obama faced considerable difficulty in passing major legislation on issues like the environment, gun control, and immigration. His inability to appoint Merrick Garland to the Supreme Court due to Republican obstruction further highlighted the limits of his power.
  • Reliance on Executive Orders: Unable to pass comprehensive immigration reform, Obama resorted to executive actions like DACA, which faced legal challenges and highlighted his constrained power.
• Donald Trump:
  • Legislative Failures Despite Majority: Even with a Republican majority in both houses during his first term, Trump was unable to achieve key policies, such as the repeal of the Affordable Care Act or securing full funding for his border wall. His attempt to redirect funds for the wall through a national emergency declaration resulted in the construction of only 458 miles, far short of his campaign promises.
  • Judicial Pushback: Trump's effort to reverse DACA was blocked by the Supreme Court, underscoring the judiciary's role in limiting presidential power.
• Joe Biden:
  • Legislative Challenges: Despite having Democratic majorities in Congress, Biden failed to pass the Build Back Better Act, a cornerstone of his domestic policy agenda. His attempt to write off $400 billion in student loans was blocked by the Supreme Court, further illustrating the constraints on his power.
  • Reliance on Executive Orders: Biden has issued a record number of executive orders, reflecting the limitations he faces in passing legislation through Congress.

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Dual Presidency Theory

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Key Points

1. Greater Success in Foreign Policy:

2. Limited Domestic Authority:

• Significance: In contrast, domestic policy often requires extensive negotiation and compromise with Congress, making it more difficult for Presidents to achieve their goals.

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Imperial vs Imperilled Presidency

Foreign Policy:

• Imperial: The President can avoid Congress to authorize military action. For example, Clinton was ready to launch a 20,000 troop invasion of Haiti in 1994, and Biden launched airstrikes on the Houthi rebels.

• Imperilled: Domestic policy initiatives often face more resistance. For instance, Clinton's attempts to reform healthcare were thwarted despite bypassing Congress multiple times. Evaluation:

• Popularity: A President's popularity can affect their effectiveness. For example, Trump had a significant social media following but faced challenges translating executive orders into effective policy and encountered substantial opposition.

• End of Term: Presidents often face increased limitations towards the end of their terms. Obama and Bush both encountered significant obstacles with Congress and struggled with legislative achievements as their terms progressed.