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Imperial Presidency

Imperial Presidency

Overview
Imperial Presidency is a term that became popular in the 1960s and that served as the title of a 1973 volume by historian Arthur M. Schlesinger, Jr. to describe the modern presidency of the United States. The author wrote The Imperial Presidency
The Imperial Presidency
The Imperial Presidency by Arthur M. Schlesinger, Jr. was written in 1973. Also see thephrase "Imperial Presidency".This book details the history of the Presidency of the United States from its conception by the Constitutional Founders, through the late twentieth century...

out of two concerns; first that the US Presidency was out of control and second that the Presidency had exceeded the Constitutional limits.

It was based on a number of observations.
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Encyclopedia
Imperial Presidency is a term that became popular in the 1960s and that served as the title of a 1973 volume by historian Arthur M. Schlesinger, Jr. to describe the modern presidency of the United States. The author wrote The Imperial Presidency
The Imperial Presidency
The Imperial Presidency by Arthur M. Schlesinger, Jr. was written in 1973. Also see thephrase "Imperial Presidency".This book details the history of the Presidency of the United States from its conception by the Constitutional Founders, through the late twentieth century...

out of two concerns; first that the US Presidency was out of control and second that the Presidency had exceeded the Constitutional limits.

It was based on a number of observations. In the 1930s the President of the United States had few staff, most of them based in the U.S. Capitol, where the president traditionally had an office. The office is no longer used except for ceremonial occasions, but in 19th and early 20th century, presidents were regularly based there with a small staff. However Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , the only U.S. President elected to more than two terms, was a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

's leadership during the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...

 and World War II changed the presidency. His leadership in the new age of electronic media, the growth of executive agencies under the New Deal
New Deal
The New Deal was the name that United States President Franklin D. Roosevelt gave to his complex package of economic programs 1933-36 with the goals of what historians call the 3 Rs, of giving Relief to the unemployed and badly hurt farmers, Reform of business and financial practices, and promoting...

, his Brain Trust advisors
Brain Trust
Brain trust began as a term for a group of close advisors to a political candidate or incumbent, prized for their expertise in particular fields. The term is most associated with the group of advisors to Franklin Roosevelt during his presidential administration...

, and the creation of the Executive Office of the President
Executive Office of the President of the United States
The Executive Office of the President consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently Rahm Emanuel.-History:In 1939, during Franklin D...

 in 1939 led to a transformation of the presidency.

The President has a large executive staff whom are most often crowded in the West Wing
West Wing
The West Wing is the building housing the official offices of the President of the United States. It is the part of the White House Complex in which the Oval Office, the Cabinet Room, the Situation Room, and the Roosevelt Room are located...

, basement of the White House
White House
The White House is the official residence and principal workplace of the President of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., it was built between 1792 and 1800 of white-painted Aquia sandstone in the late Georgian style and has been the residence of every...

, or in the Eisenhower Executive Office Building, which is beside the White House and used by the Departments of Defense and State. Progressive overcrowding in the West Wing led President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....

 to convert the former presidential swimming pool into a press room.

Arguments


Arguments that the United States has an imperial presidency are:
  • As staff numbers increased, many people were appointed who held personal loyalty to the person holding the office of president, and who were not subject to outside approval or control.

  • A range of new advisory bodies developed around the presidency, many of which complemented (critics suggest rivaled) the main cabinet departments, with the cabinet declining in influence. The National Security Council
    United States National Security Council
    The White House National Security Council in the United States is the principal forum used by the President for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the President of the...

     and the Office of Management and Budget are prime examples.

  • The Senate
    United States Senate
    The United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...

     does not "advise and consent" to appointments to the Executive Office of the President
    Executive Office of the President of the United States
    The Executive Office of the President consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently Rahm Emanuel.-History:In 1939, during Franklin D...

     (with only a handful of exceptions), as it does with cabinet appointments. A corollary of this is that EOP personnel may act independent of, without regard for, and without accountability to Congress.


Some have suggested that the range of new agencies, the importance of the Chief of Staff, and the large number of officials created a virtual 'royal court' around the President, with members not answerable to anyone but the President and on occasions acting independent of him also.

The presidencies of Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....

 and Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States and the 33rd Governor of California .Born in Tampico, Illinois, Reagan moved to Los Angeles, California in the 1930s...

 were particularly described as surrounded by "courts", where junior staffers acted on occasions in contravention of executive orders or Acts of Congress. The activities of some Nixon staffers during the Watergate
Watergate scandal
The Watergate scandal was a political scandal in the United States in the 1970s. Named for the Watergate office complex in Washington, D.C., effects of the scandal ultimately led to the resignation of Richard Nixon, President of the United States, on August 9, 1974...

 affair are often held up as an example. Under Reagan (1981–1989) the role of Colonel Oliver North
Oliver North
Oliver Laurence North is a retired United States Marine Corps officer best known for his role in the Iran-Contra scandal. Currently, he is a political commentator, host of War Stories with Oliver North on Fox News Channel, and a New York Times best-selling author...

 in the facilitation of funding to the Contras
Contras
The Contras is a label given to the various rebel groups opposing Nicaragua's FSLN Sandinista Junta of National Reconstruction government following the July 1979 overthrow of Anastasio Somoza Debayle...

 in Nicaragua, in explicit contravention of a United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....

ional ban, has been highlighted as an example of a "junior courtier's" ability to act, based on his position as a member of a large White House staff. Howard Baker
Howard Baker
Howard Henry Baker, Jr. is a former Senate Majority Leader, Republican U.S. Senator from Tennessee, White House Chief of Staff, and a former United States Ambassador to Japan.Known in Washington, D.C...

, who served as Reagan's last Chief of Staff, was critical of the growth, complexity and apparent unanswerability of the presidential "court".

House Committee on the Judiciary Report


On January 13, 2009, the House Committee on the Judiciary, led by Chairman John Conyers, Jr. released "Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presidency of George W. Bush" a 486-page report detailing alleged abuses and excesses of the Bush administration and recommending steps to address them.

Criticisms


Those that believe the presidency is not imperial in nature argue that:
  • the Executive Office of the President makes up only a very small part of the federal bureaucracy and the President has very little influence as to the appointment of most members of the federal bureaucracy;

  • the number of people within the EOP is tiny and there is no institutional continuity at all;

  • the organization and functioning of most of the Federal government is determined by federal law and the President has little power to reorganize most of the federal government.


It has also been argued that the concept of the imperial presidency neglects several important changes in the context of governance over the last three decades, all of which tend to restrict the actual power of the President. These include:
  • Growth in the size and complexity of the federal bureaucracy;

  • A battery of post-Nixon controls on executive power, including transparency rules and "watchdog bureaucracies" such as the federal Inspectors General, a strengthened Government Accountability Office, and the Congressional Budget Office;

  • The increased willingness of bureaucrats to protest or "blow the whistle" on policies with which they disagree, and stronger protection for such behavior;

  • Changes in information and communication technologies that amplify the effect of official dissent, and increase the capacity of opponents to mobilize against executive action;

  • Declining public trust in, and deference to, federal authority;

  • Declining executive discretion over the use of federal funds, which are increasingly committed to mandatory programs;

  • Declining capacity to regulate the private sector, as a consequence of the post-Reagan shift to neoliberal policies, economic globalization, and the growth of corporate lobbies.

See also

  • Commander-in-Chief
    Commander-in-Chief
    A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the...

  • Fourth branch of government
    Fourth branch of government
    In the American political system, the fourth branch of government refers to a group that influences the three branches of governance defined in the American Constitution . Such groups can include the press , the people, interest groups. U.S...

  • The Imperial Presidency
    The Imperial Presidency
    The Imperial Presidency by Arthur M. Schlesinger, Jr. was written in 1973. Also see thephrase "Imperial Presidency".This book details the history of the Presidency of the United States from its conception by the Constitutional Founders, through the late twentieth century...

  • Imperilled presidency
    Imperilled presidency
    The theory of the Imperiled Presidency was created by former President of the United States Gerald Ford in contrast to Arthur M. Schlesinger, Jr.'s theory of the Imperial Presidency...

  • Signing statement
    Signing statement
    A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in United States Code Congressional and Administrative News ....

  • Separation of powers under the United States Constitution
    Separation of powers under the United States Constitution
    Separation of powers is the political doctrine under which the executive, legislative and judicial branches of government are kept distinct, to prevent abuse of power. This U.S...

  • Unitary executive theory
    Unitary executive theory
    The unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...