Some see our governmental system as sclerotic and in need of a push. Others are concerned about consequences that could result if pushed too hard. That’s why it is crucial for us to consider what history reveals about presidents who have pushed the system and some of the tools they have used – from Abraham Lincoln’s suspension of habeas corpus to Franklin Roosevelt’s court-packing plan to Richard Nixon’s assertion of executive privilege. More recently, Donald Trump has tested the limits of executive power in unprecedented ways.
Understanding these moments in history helps us navigate our country’s ongoing tension between strong leadership and the constitutional limits designed to prevent an imperial presidency.
The president’s powers are often unclear, with limited direct constitutional authority. Article II of the Constitution, which addresses the presidency, was written to be deliberately vague. The authors of the Constitution knew they wanted a president because the Articles of Confederation weren’t working. They needed a head of state who could exert executive power. But they also knew they didn’t want a king. To strike a balance, they left it largely up to the discretion of the office holders to define the office over time.
We have a system of government with checks and balances, shared powers, and federalism (the division of the powers between the states and the federal government). As Congress has given away more and more power to the presidency, states have increasingly used the federal courts to block presidents’ actions. Trump’s quick use of executive orders in the first week of his second term generated numerous and nearly immediate challenges in the federal courts.
All of these potential roadblocks can make things difficult for a president trying to exert power. As presidential scholar Richard Neustadt noted, unlike the specific authority grated to congress in the Constitution, a president’s true influence lies in the ability to persuade, achieved through bargaining and even personal pressure. A perfect example is the famous photo of Lyndon B. Johnson’s giving his signature “treatment” to Senator Theodore Green of Rhode Island, a display of power and persuasion from Johnson’s days as Senate majority leader.
LBJ continued to use his powers of persuasion in the White House to push his legislative agenda effectively. Other less direct avenues for persuasion and pressure exist through mass media (exemplified by Ronald Reagan) and social media (exemplified by Donald Trump), whereby the public is rallied to pressure the president’s targets.