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.
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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.
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.
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 is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, – it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and the Congress has not.”
“The chief instrumentality by which the law of the Constitution has been extended to cover the facts of national development has of course been judicial interpretation, – the decisions of the courts. The process of formal amendment of the Constitution was made so difficult by provisions of the Constitution itself that it has seldom been feasible to use it; and the difficulty of formal amendment has undoubtedly made the courts more liberal, not to say lax, in their interpretation than they would otherwise have been. The whole business of adaptation has been theirs, and they have undertaken it with open minds, sometimes even with boldness and a touch of audacity...”
“The old theory of the sovereignty of the States, which used so to engage our passions, has lost its vitality. The war between the States established at least this principle, that the federal government is, through its courts, the final judge of its own powers... We are impatient of state legislatures because they seem to us less representative of the thoughtful opinion of the country than Congress is. We know that our legislatures do not think alike, but we are not sure that our people do not think alike...
The presidency is presumed to be the embodiment of Rousseau’s general will, with far more power than any monarch or head of state in pre-modern societies. The US presidency is the apex of the world’s biggest and most powerful government and of the most expansive empire in world history. As such, the presidency represents the opposite of freedom. It is what stands between us and our goal of restoring our ancient rights.
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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.
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.
The executive power is better to be trusted when it has no screen. Sir, we have a responsibility in the person of our President; he cannot act improperly, and hide either his negligence or inattention; he cannot roll upon any other person the weight of his criminality; no appointment can take place without his nomination; and he is responsible for every nomination he makes... far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment.
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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.
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