The President may have a great many powers given to him by the Constitution and may have certain powers under certain laws which are given to him by the Congress of the United States; but the principal power that the President had is to bring people in and try to persuade them to do what they ought to do without persuasion.
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The presidency is seemingly bound by law, but in practice it can do just about anything it pleases. It can order up troops anywhere in the world, just as Clinton bragged in his acceptance speech at the Democratic convention. It can plow up a religious community in Texas and bury its members because they got on somebody’s nerves at the Justice Department. It can tap our phones, read our mail, watch our bank accounts, and tell us what we can and cannot eat, drink, and smoke. The presidency can break up businesses, shut down airlines, void drilling leases, bribe foreign heads of state or arrest them and try them in kangaroo courts, nationalize land, engage in germ warfare, firebomb crops in Colombia, overthrow any government anywhere, erect tariffs, round up and discredit any public or private assembly it chooses, grab our guns, tax our incomes and our inheritances, steal our land, centrally plan the national and world economy, and impose embargoes on anything anytime. No prince or pope ever had this ability.
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How is it with the President? Is he powerless? He is felt from one extremity to the other of this vast Republic. By means of principles which he has introduced, and innovations which he has made in our institutions, alas! but too much countenanced by Congress and a confiding people, he exercises, uncontrolled, the power of the State.
I appreciate how impossible it is to convey an adequate realization of the office of President. A few short paragraphs in the Constitution of the United States describe all his fundamental duties. Various laws passed over a period of nearly a century and a half have supplemented his authority. All of his actions can be analyzed. All of his goings and comings can be recited. The details of his daily life can be made known. The effect of his policies on his own country and on the world at large can be estimated. His methods of work, his associates, his place of abode, can all be described. But the relationship created by all these and more, which constitutes the magnitude of the office, does not yield to definition. Like the glory of a morning sunrise, it can only be experienced it cannot be told.
The report made a science fiction-like case that the president was within his constitutional rights to reinterpret congressional legislation to conform more closely to his own desires, or to simply refuse to carry out laws with which he did not agree, or that, the report harrumphed, “unconstitutionally encroach on the executive branch.” In sum, anything the president doesn’t want to do he doesn’t have to do; anything he wants to do, consider it done.
Practically all the civil and military authorities of the government, except the Congress and the courts, hold their office at [the President's] discretion. He appoints, and he can remove. The billions of dollars of government revenue are collected and expended under his direction. The Congress makes the laws, but it is the President who causes them to be executed. A power so vast in its implications has never been conferred upon any ruling sovereign. Yet the President exercises his authority in accordance with the Constitution and the law. He is truly the agent of the people, performing such functions as they have entrusted to him.
The President so fully represents his party, which secures political power by its promise to the people, and the whole government is so identified in the minds of the people with his personality that they make him responsible for all the sins of omission and of commission of society at large. This would be ludicrous if it did not have sometimes serious results. The President cannot make clouds to rain and cannot make the corn to grow, he cannot make business good; although when these things occur, political parties do claim some credit for the things that have happened in this way. He has no power of state legislation, which covers a very wide field and which comes in many respects much closer to the happiness of the people than the Federal Government.
Now, on other hand, as President, I cannot just impose my will on Congress -- the Congress of the United States -- even though sometimes I wish I could. The legislative branch has its own powers and its own prerogatives, and so they check my power and balance my power. I appoint some of our judges, but I cannot tell them how to rule, because every person in America -- from a child living in poverty to me, the President of the United States -- is equal under the law. And a judge can make a determination as to whether or not I am upholding the law or breaking the law. And I am fully accountable to that law.
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There are one or two things, which you can directly do in very critical times. But otherwise, this indirect influence that you can exercise on the affairs of the State is the most important role he can play. And, he can play it successfully only if he is, his ideas and his nature of functioning are seen by the public in tune with their standards. The President has to be a citizen and there must be some equation between the people and the President, and if some advice or something is to be given to the executive, it would be received with grace, it would be sometimes accepted, if it is known that the public opinion is on the side of the kind of advice the President is giving. Otherwise, he cannot exercise much influence.
[H]owever busy or essential a presidential aide might be, and whatever their proximity to sensitive domestic and national-security projects, the President does not have the power to excuse him or her from taking an action that the law requires. Fifty years of say so within the Executive branch does not change that fundamental truth. Nor is the power of the Executive unfairly or improperly diminished when the Judiciary mandates adherence to the law and thus refuses to recognize a veto-like discretionary power of the President to cancel his subordinates’ legal obligations.
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