Q1) Discuss the constitutional basis of presidential power, including the office’s expressed and implied powers.
Three types of powers make up presidential power: constitutional, inherent, and delegated powers. All powers that the Constitution or law allows to be executed are constitutional powers. The powers that Congress grants are delegated powers. As the Constitution states, the president “shall take Care that the Laws be faithfully executed.” Lastly, inherent powers are all those powers over which the president, as chief of the government’s executive branch, specifically holds control and that the Constitution does not explicitly state.
The two types of powers, constitutional and delegated, fall under the ambit of expressed powers since they are explicitly stated for the president to follow without much room for interpretation of the law (“The Powers Of The Presidency | Boundless Political Science”). However, inherent powers can be interpreted by presidents. This capacity to interpret the law has provided great and, to some extent, different powers depending on the interpretation.
The following are some powers that can be categorized as expressed powers:
Executive powers: The executive powers of the president are expansive. The president manages the federal government, primarily national affairs. Executive orders, rules, and regulations to be followed fall under the president’s control too. Similarly, the president appoints the heads of executive departments and other important officials (“The Powers Of The Presidency | Boundless Political Science”). These powers may widen to greater extents in the case of a national emergency.
Legislative powers: The president has the power to veto any bill passed by Congress; thus, the president has an important role in formulating public policy.
Military powers: The president is the commander-in-chief and can direct troops and engage in strategic military planning; however, the president does not hold the power to declare war.
Diplomatic powers: The president has a major role in diplomatic affairs with other countries. Ambassadors and ministers posted in foreign countries are appointed by the president with confirmation from the Senate. These officials report to the Secretary of State, who manages communication between governments.
Judicial powers: The president can nominate judges to the Supreme Court, subject to confirmation by the Senate.
The following are some powers that can be categorized as inherent powers:
Emergency Powers: In cases of emergency such as wars, natural disasters, or financial decline, the president can take measures that would not be allowed if the situation were normal (“The Powers Of The Presidency | Boundless Political Science”). One of these emergency powers can be the suspension of certain rights or laws in order to maintain order in the state.
Executive Orders: These are orders issued according to executive power and under certain circumstances, such as on issues within the executive branch. These orders can be used to enforce the Constitution, statutes, and laws and to establish new rules. They indicate how stringently or leniently federal law is being enforced by the president.
In the case of inherent powers, there is always a chance of abuse of power because these orders, even though executed under certain circumstances, are at the president’s discretion. These powers are derived from reinterpretations of the Constitution that many modern presidencies have undertaken. However, the president is subject to charges and impeachment if the House of Representatives believes the president has misused these powers. Despite the availability of impeachment, these powers may push the United States toward becoming a somewhat oppressive or authoritarian state like those from which it had earlier sought freedom.
Q2) What sort of president did the “framers” want? How was presidential selection supposed to produce this president? How was the selection process suited to a mixed, republican government?
The main concern of the framers in the United States was the formation of an executive branch that they wanted to be quite strong and powerful. They wanted one person designated to head it, which would guarantee the branch’s strength. Before the United States had a formal Constitution, the government followed the Articles of Confederation, and this particular document was used for less than ten years. The structure it gave to the government lacked such an executive branch, so it was replaced by the Constitution. In contrast, the kind of government created by the Constitution has a separate body made up of people in positions of power, which was given the name of the executive branch. The president was made the head of this executive branch, which was exactly according to the demands and requirements of the framers (‘The Framers wanted a strong President, 2014’).
The framers were very satisfied with this variation in the system because they were aware of the fact that, due to the powers the Constitution bestowed on the president, the president would be required to make sure that laws, rules, and regulations were implemented and executed appropriately. This task is quite demanding and would require the president to be constantly engaged in service, as opposed to the previous system under which the president was only supposed to meet once a year with Congress or when called for a meeting (‘The Framers wanted a strong President, 2014’).
There are various reasons why the framers wanted a presidential system and a strong executive branch. First and foremost, since they were the framers and authors of the Constitution, they wanted the system drafted by them to work; for this purpose, they wanted a form of government that could function effectively. They wanted it to be strong and to have not just power but authority. For this particular purpose, they wanted a president to be given substantial powers while still operating within the constitutional system. These features are characteristic of the presidential system, and it is precisely for this reason that the framers preferred the presidential system over a parliamentary one (‘Why did the Framers set up a governmental system where the relationship between Congress and the president is “an invitation to struggle? 2018’).
In a presidential system, the president’s office is given substantial power compared with other offices in government institutions. The president is head of the executive branch, one of the three main branches of government. The three major branches are the judiciary, the legislature, and, of course, the executive. All three of these branches are separate and operate within a system of checks and balances(‘What is the Presidential System? 2016’). The president is responsible for enforcing the laws, the legislature is responsible for making them, and the judiciary is responsible for interpreting them. Another key feature of the presidential system is that the president is selected through an electoral process involving the people. This makes the system appear more democratic and makes the public feel that they have a greater say in the way they want to be governed, since they participate through their votes in choosing the person who holds substantial power and authority (‘What is the Presidential System? 2016’).
Q3) Describe any 3 perspective theories of presidential power: stewardship, prerogative, and literalist. Discuss an example of each type of president.
The perspective theories of presidential power are discussed below:
Stewardship: The stewardship theory of presidential power is based on Theodore Roosevelt’s idea that the president can do anything in the nation’s interest unless the Constitution forbids it. The notion is that since the president is responsible for the people, the president can exercise whatever power is necessary to maintain the nation’s well-being. (“The Stewardship Theory – Presidential Power”) This theory emphasizes the assertiveness and centrality of the presidency because it is one of the most significant offices in the federal government.
President Roosevelt justified many of his actions under the stewardship theory of the presidency. For example, he supported continuing the war in the Philippines and placing forceful leaders in command. It caused heavy casualties; however, Roosevelt thought that this was imperative for the welfare of his nation. Similarly, he added a corollary to the Monroe Doctrine when he believed that Latin America’s independence was vulnerable to European intervention.
Prerogative: The prerogative view of presidential power states that the president should be given power to act in the interest of the nation without a specific prescription of law. This theory is based on the idea that law cannot provide a remedy for every unforeseen situation and that, if such a situation occurs, then the person with executive power should be given freedom to act on behalf of the people for their well-being. An example of the exercise of this particular type of presidential power is Abraham Lincoln’s “Emancipation Proclamation,” in which enslaved people in rebelling states were ordered to be set free from subjection (“Prerogative, Executive Power And The Rule Of Law”). Despite legal controversy, Lincoln acted under asserted wartime authority. Similarly, during the Civil War, Abraham Lincoln asserted the Commander-in-Chief Clause and Take-Care Clause to claim broad war powers for the president.
Another example is President George W. Bush, who changed the interpretation of laws given by Congress by reinterpreting them. Bush authorized surveillance of American citizens without warrants by bypassing requirements of the Foreign Intelligence Surveillance Act.
Literalist: This theory, put forward by William Howard Taft, refers to the view that the president’s powers are confined to powers specified by law. The foundation of this theory stems from the idea that no power exists if there is no Constitution or law regarding it. Moreover, it is unsafe to allow limitless power to the president despite the fact that the people choose the president. Exercise of immeasurable powers can cause infringement of private rights. This restrictive view was observed during the presidency of Taft. He did not veto legislation passed by Congress unless he believed it was clearly against the Constitution of the United States of America.
Most presidents have employed the prerogative and stewardship perspectives of the presidency because these approaches give their time in office a unique character distinct from that of other presidents. As mentioned above, presidents are not given unlimited power, even in cases of emergency or reinterpretation of the law. They can be impeached through constitutional procedures if they are found to be doing something unacceptable. Thus, a regulatory mechanism ingrained in the government system is always operational, safeguarding the well-being of citizens.
Q4) Discuss the study of “presidential character” or psychology in explaining presidential behaviour. Evaluate where President Trump fits in this analysis of presidential character.
According to a survey conducted in America, members of the general public choose whom to vote for based on a candidate’s personality, moral values, and behaviour. About 27% of voters agreed that they do this. However, historical evidence regarding presidents of the United States suggests that candidates who possess certain admired characteristics are not necessarily the most effective presidents. According to Steven J. Rubenzer, who has a PhD in psychology and is a clinical psychologist in Houston, a person’s tendency to tell the truth can actually adversely affect their chances of becoming president (‘A Presidential Personality, 2004’).
What is required for a president to be successful is intelligence and a politically skillful nature. President Abraham Lincoln provides a useful example here. Despite the fact that he is known to have had an honest, trustworthy, and truthful character, there is historical evidence of him being extremely flexible when it came to making important decisions. He, for example, skillfully changed his positions and stances regarding various important issues to appeal to particular groups of people. To please farmers, for example, he adjusted his stance on certain policies. This was done to keep them pacified in an attempt to keep the entire country united and strengthened (‘A Presidential Personality, 2004’).
According to Rubenzer, the best presidents in the history of the United States have been those who were the most intelligent, smart, goal-oriented, and far-sighted. They were determined and motivated to achieve their goals and were able to adapt the way they presented their positions. They could say the same things in multiple ways to make them appeal to different sectors and segments of the public, which is not an easy task.
A psychologist named Signer interviewed President Donald Trump to analyze his personality and character. When he asked Trump what he saw when he looked at himself in the mirror and Trump seemed confused, he rephrased his question. He asked him, “Do you consider yourself ideal company?” To this, Mr. Trump responded by saying that he considers “total piece of ass” good company.
This sentence alone manages to draw a fairly clear picture of the president as portrayed by the source. He is described as a very self-centered, narcissistic, radical, and extremely confident person. Out of all the negative things attributed to his personality, perhaps his confidence helped him reach the position he held (‘The Mind of Donald Trump, 2006’). Moreover, there is one thing that Trump needs to be appreciated for: his intelligence. He appears to be a very smart person who is always aware that he is being watched; thus, he often seems to be performing for an audience. He paints a picture of himself in front of the world as someone with great power and the ability to do what he wants. That, in some sense, may be true, but humility does not appear prominently in this portrayal. He often seems to know what he is doing and somehow manages to get things done his way (‘The Mind of Donald Trump, 2006’). It is hard to determine what goes on in his mind and how he makes important decisions because any psychological interpretation is necessarily uncertain and should not be treated as a clinical diagnosis.
Works Cited
“The Stewardship Theory – Presidential Power.” Americanforeignrelations.com. N.p., 2018. Web. 24 Feb. 2018.
“Prerogative, Executive Power And The Rule Of Law.” Intro to Political Theory Blog. N.p., 2018. Web. 24 Feb. 2018.
“The Powers Of The Presidency | Boundless Political Science.” Courses.lumenlearning.com. N.p., 2018. Web. 24 Feb. 2018.
McAdams, Dan. “The Narcissist.” The Atlantic. N.p., 2018. Web. 24 Feb. 2018.
“Why did the Framers set up a governmental system where the relationship between Congress and the president is “an invitation to struggle?”.” Enotes.com, Enotes.com, www.enotes.com/homework-help/short-paragraph-explain-why-framers-our-381749.
Monitor on Psychology, American Psychological Association, www.apa.org/monitor/nov04/presidential-personality.aspx.
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