Presidential power has expanded significantly over time, reshaping the balance of power in the US government. From executive orders to signing statements, presidents have found ways to assert authority beyond their original constitutional role.

This expansion has been particularly pronounced in foreign policy and national security. War powers, executive agreements, and national security directives have given presidents increasing control over military actions and international relations, often sidestepping Congress.

Presidential Powers

Unitary Executive Theory and Executive Orders

• Unitary Executive Theory holds that the President has complete control over the executive branch
• Stems from the Vesting Clause in Article II of the Constitution which states "The executive Power shall be vested in a President of the United States of America"
• Presidents have used this theory to justify issuing executive orders without Congressional approval
• Executive orders are directives issued by the President that have the force of law and are used to manage the operations of the federal government (Emancipation Proclamation)
• Controversial because they allow the President to bypass Congress and make unilateral decisions

Signing Statements and Executive Privilege

• Signing statements are written comments issued by the President when signing a bill into law
• Used to express the President's interpretation of the law and how it will be enforced by the executive branch
• Can also be used to challenge the constitutionality of certain provisions in the law
• Executive privilege is the right of the President to withhold information from Congress, the courts, and the public
• Based on the separation of powers doctrine and the need for confidentiality in executive branch decision-making
• Has been invoked by Presidents to resist subpoenas and prevent executive branch officials from testifying before Congress (Watergate scandal)

Presidential Prerogative

• Presidential prerogative refers to the inherent powers of the President to act in the absence of explicit constitutional or statutory authority
• Justified by the need for the President to respond quickly and decisively to emergencies and unforeseen circumstances
• Examples include the Louisiana Purchase by Thomas Jefferson and the Emancipation Proclamation by Abraham Lincoln
• Critics argue that presidential prerogative can lead to abuse of power and undermine the system of checks and balances

Foreign Policy and National Security

War Powers and Executive Agreements

• The War Powers Resolution was passed by Congress in 1973 to limit the President's ability to commit U.S. forces to armed conflict without Congressional approval
• Requires the President to consult with Congress before introducing troops into hostilities and to withdraw forces after 60 days unless Congress authorizes an extension
• Presidents have often bypassed the War Powers Resolution by using executive agreements instead of treaties
• Executive agreements are international agreements made by the President without the advice and consent of the Senate (Yalta Agreement)
• Controversial because they allow the President to conduct foreign policy without Congressional oversight

National Security Directives

• National security directives are executive orders issued by the President that pertain to national security and foreign policy
• Used to establish policies, set priorities, and direct the actions of executive branch agencies involved in national security (NSC-68)
• Classified and not subject to public disclosure, which raises concerns about transparency and accountability
• Critics argue that national security directives can be used to circumvent Congressional oversight and engage in covert operations

Expanding Presidential Influence

The Imperial Presidency

• The Imperial Presidency refers to the expansion of presidential power beyond its constitutional limits
• Term coined by historian Arthur Schlesinger Jr. in his 1973 book of the same name
• Characterized by the centralization of power in the executive branch, the use of executive orders and presidential directives, and the assertion of executive privilege
• Critics argue that the Imperial Presidency undermines the system of checks and balances and threatens individual liberties
• Examples include the Nixon administration's abuses of power during the Watergate scandal and the Bush administration's use of warrantless wiretapping after 9/11

The Administrative State

• The administrative state refers to the growth of federal agencies and regulatory bodies that exercise quasi-legislative and quasi-judicial powers
• Emerged in the early 20th century as a response to the increasing complexity of modern society and the need for specialized expertise in policymaking
• Includes agencies such as the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC)
• Critics argue that the administrative state is unaccountable to the public and undermines the separation of powers by concentrating power in the executive branch
• Presidents have used the administrative state to advance their policy agendas and bypass Congress through the use of executive orders and agency rulemaking