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The Will of the People: Readings in American Democracy

Executive Branch

At noon on Inauguration Day, a president-elect is required by the Constitution to swear or affirm that he or she will “faithfully execute the office of president,” and will “preserve, protect, and defend the Constitution of the United States.” The text of the Constitution, in Article II, also details the powers and duties the president is to discharge within a system of government where the separate powers of Congress and the Court serve to check and balance those of the president. Something, however, is missing in this spacious picture. The Constitution does not define what is meant by “the best” of a president's abilities, nor does it say how, when, or on what subjects the president can execute power.

This reality has public consequences. No one really knows what to expect of an American president-elect until he or she actually enters the White House. Yet the presidency itself is the vital center of action in our government and is rightly viewed as the foremost invention of the American political mind.

Every U.S. president has been a target for criticism by Congress, the courts, the press, and the people at large – in any or all of the office's interacting roles. Nonetheless, the presidency has had an unbroken 225 years of grappling with events much more successfully than other heads of government the world over. The articles from The Christian Science Monitor noted below provide insights into the way a president performs the office's interacting functions.

Article II (Executive)

President As Head of State

President As Head of Government

Appointive Power of the President

President As Commander in Chief

President As Chief Organ of Foreign Affairs

President As the Course of Pardons

President As Party Leader

President As the Leader of Opinions

President As Head of State

Bush Combines Personal Diplomacy With Caution Marshall Ingwerson

The president's ceremonial functions as head of state merge with those he discharges in his constitutional roles, including head of government, commander in chief, and chief organ of foreign affairs. This article provides an overview of how President George Bush used his position as head of state to press U.S. objectives in encounters with various foreign leaders.

Bush And Fox: Geopolitical Version of the Two Amigos Francine Kiefer and Howard LaFranchi

The nature of the contact between a president as head of state and his counterpart among foreign leaders can reflect their shared or clashing national interests. It can also reflect their mutual trust or suspicion. This article provides a snapshot of the informal relationship between U.S. President George W. Bush and Mexican President Vicente Fox.

President As Head of Government

Backlash Grows Against White House Secrecy Francine Kiefer

The Constitution states that the president “may require the opinion, in writing, of the principal officers in each of the executive departments, upon any subject relating to the duties of the respective offices.” Congressional demands for information about how the president's policies are formulated have often been countered by a presidential claim that privacy is required to ensure that advice is candid. The focus of this article is on the criticism that President George W. Bush invited when he denied Congress access to information about the internal discussions among members of Vice President Richard Cheney's energy task force.

Steady the Privilege Pendulum Pat M. Holt

The term executive privilege is not in the Constitution. But the presidential practice it represents dates from George Washington's presidency – as does the conflict over its rightful use or blatant abuse. The term itself entails a president's claim of right to deny a congressional demand for White House records which, from a congressional point of view, may reveal how a president has discharged the constitutional obligation to see that the laws are faithfully executed. This article, written against the background of President George W. Bush's claim of executive privilege, discusses the need to rethink this issue.

Watergate Reforms Fade, 30 Years Later Francine Kiefer

Most actions of the U.S. government have limited impact on the country. Now and then, however, a major depression, a war, a wrenching tragedy, or a shocking abuse of power can effect major changes. The Watergate scandal, which resulted in the only resignation of a U.S. president, led to significant reforms in the governance of the nation. This article reviews the reforms that have endured in the 30 years since Watergate, as well as those that have been significantly modified or even reversed.

Appointive Power of the President

Bush Puts Friends In High Places Abraham McLaughlin

The “permanent government” of the United States comprises persons who are part of the civil service, the military service, and the diplomatic service. But the executive branch comprises persons who owe their posts to appointments by the president, which are later confirmed by the U.S. Senate. This article reports on how presidents have historically rewarded their financial backers with posts–such as ambassadorships, seats on commissions, and key positions in government departments–though the White House insists people are chosen for their knowledge and expertise.

The Other March Madness – Presidential Appointments Paul C. Light

The Constitution states that the president “shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States” whose posts have been established by law. The Senate's advice and consent, however, can sometimes translate into the right to stall or reject a presidential appointment. This article, whose title recalls the “March madness” of college basketball teams vying with each other for the national championship, notes that the White House could not process more than a handful of its nominees through the Senate.

Federal Bench At Tipping Point Warren Richey

A single appointment by a president can alter the balance of power among the nine judges who sit on the U.S. Supreme Court. But it usually takes years before a new president is in a position to shift the balance of power among judges who serve on the separate federal courts of appeal. This article explains why President George W. Bush was in a unique position to install, or at least significantly bolster, a conservative majority of lifetime-appointed judges in all but two of the 13 U.S. district courts of appeal.

President As Commander in Chief

Backlash Builds On Quiet Hill Gail Russell Chaddock

The Constitution clearly states that the president “shall be the commander in chief of the army and navy of the United States, and of the miptia of the several states, when called into the actual service of the United States.” But what the president can or cannot do as commander in chief is far from clear. Controversy over this issue has taken a new turn in the context of the current war on terrorism. This article deals with the growing concern of Congress about the steps President George W. Bush is taking to expand the war-making powers of the presidency without consulting Congress.

Declare War Before Going to War Doug Bandow

While the Constitution empowers the Congress alone to “declare war,” presidents have “waged war” without prior congressional approval on at least 150 separate occasions in American history. The circumstances have ranged from short-run forays to major regional conflicts. This article discusses the pros and cons of a president's claim of the right to wage war without prior congressional approval versus the need for Congress to declare war before a president can proceed to wage one.

President As Chief Organ of Foreign Affairs

Clinton an Isolationist? No. A Politician? Yes. Godfrey Sperling

The phrase that identifies the president as “the chief organ of foreign affairs” is not in the text of the Constitution. Rather, it is a natural outgrowth of the president's constitutional power to “appoint” as well as “to receive ambassadors and other public ministers.” The way a president discharges the role as chief organ of foreign affairs can be influenced by his or her personal temperament as well as by the impact of forces beyond his or her control. This article ascribes President Bill Clinton's cautionary approach to international problems to his sensitivity to domestic factors, especially trends in voter thinking.

At the Table of War, A Trusted Voice of Caution Francine Kiefer

The National Security Act of 1947 provided for a new Secretary of Defense, a new Central Intelligence Agency (CIA), and a new National Security Council staff, among other things. The head of that staff can be a pivotal adviser to the president regarding matters related to both military issues and foreign policy. This article draws a portrait of the close relationship between President George W. Bush and his national security adviser, Condoleezza Rice.

For Bush, A Bigger Personal Role in Mideast Howard LaFranchi

The vast theater of action open to a president of the United States simply reflects the fact of America's power and place in the world arena. If the United States had remained a small nation isolated from other nations, the president would either have been spared the need or denied the means to be a generative force on the world scene. This article recounts how President George W. Bush, who first appeared to be a reluctant diplomat, came to engage the personal prestige of his office in the Middle East crisis.

President As the Course of Pardons

Inside the Decline in Christmas Eve Clemency James N. Thurman

The Constitution empowers the president “to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” Throughout each year, the staff of the Office of the Pardon Attorney in the Department of Justice sorts through hundreds of clemency requests from obscure and infamous federal felons alike. The staff makes its recommendations to the president, who then decides whether or not to invoke his constitutional power to grant a pardon. Pardons, when granted, have traditionally occurred at the end of the year, especially around the holiday season. This article draws attention to a trend that shows presidents have cut back on “Christmas Eve” dispensations of forgiveness.

Pardon My Pardon? Editorial

Though President Bill Clinton granted fewer pardons while in office than any president since Richard Nixon, his last minute pardon of the fugitive financier Marc Rich caused a storm of criticism. This editorial recognizes how the discretionary presidential pardon can serve to redeem individuals as well as serve the public welfare. But the editorial also argues that a president should avoid granting one to individuals who appear to have wielded money, power, and influence over the nation's highest office.

President As Party Leader

Balancing Statesmanship and Partisanship Francine Kiefer

Though the Constitution makes no reference to political parties, the history of the presidency since John Adams tells of the recurrent tensions between the acts of a president as a political partisan and the statesmanship expected of him in his constitutional roles. This article analyzes President George W. Bush's tricky balancing act as commander in chief and as leader of a Republican party anchored to a conservative agenda.

The Way We Will Always Be Daniel Schorr

The complex relationship between a president and the leaders of Congress can be complicated further when the president belongs to one party and the leaders of the congressional majority belong to an opposing party. This situation results from the outcome of a congressional election, coupled with the fact that the Constitution empowers the Senate “to choose their other officers” (other than the Vice President), and the House to “choose their Speakers and other officers.” This article focuses on the jockeying between President George W. Bush, also head of the Republican party, and Democratic Senate majority leader Tom Daschle on “hot-button” issues such as governmental deficits, tax cuts, and economic recession.

President As the Leader of Opinion

Great Presidents and the National Idea Everett Carll Ladd

The president's role as the leader of opinion is rooted in the constitutional provision that the president "shall from time to time give to the Congress information on the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient." This article suggests that Presidents Washington and Lincoln exhibited effective leadership by linking their actions to the ideal of equal justice for all men, as enunciated in the Declaration of Independence. The article also questions whether their methods would be equally effective today.

How A Presidential Speech Is Crafted Rod MacLeish

Whenever a president of the United States says anything–whether while wide-awake or suffering from jet lag–people weigh the significance of those utterances. What is more, a president is judged as much by what he says and how he says it as by what he actually does. This article discusses the ways in which presidents have relied on advisers and speechwriters for help in identifying topics and wording calculated to shape a favorable public opinion of their administration.