2- Presidential history Flashcards
What happened to this system since 1787?
Since the adoption of the Constitution in 1787, the system of Checks and Balances although not altered in theory has been transformed in practice
Orignally Congress
Congress was originally conceived as the first branch of the federal government and was seen by most as the dominant power in the American system.
Then, with the unfolding of history, the executive branch increasingly asserted itself to become the dominant power in the modern era.
==> concept of “imperial presidency” (cf Arthur Shlesinger).
American presidency = it is a weak power in theory but strong in practice.
There are several eras in governmental history but the most relevant distinction for these classes
will be before and after the New Deal.
The Constitution when adopted ? how many article ?
7 articles and 27 Amendments
was adopted after a long debate and a great part of it was devoted to the Nature and role of the completely new office, the presidency.
Philadelphia convention of 1787 was divided between
Supporters of a strong executive
Supporters of a weak executive
why executive created?
In fact, the Executive was created because the Legislative power had proved too weak and inefficient to govern the country under the Articles of Confederation ratified in 1781.
Why system of check adn balances
At the same time, many leaders fearing tyranny and dictatorship wanted to divide the power into several branches. Dictatorship was not necessarily executive but it could also result from an abusive legislative government if it was based on a single institution.
So the System of Checks and Balances, dividing powers into 3 branches, the presidency being the only one that had never existed before.
efficiency and safety
Two majors consents prevails : efficiency and safety
→ Supporters of a strong executive favoured efficiency
→While their opponents rather stressed the risk of tyranny as they tended to associate the executive branch with their experience of the british monarchy
The result of efficiency and safety
The result was a constitution based on a compromise. The main principle was checks and balances / the separation of powers but many important powers were actually shared by executive and legislative branches : war powers, appointment, legislative process etc.
BUT Several phrases in the text were deliberately vague or general so that the constitution could be adjusted to evolution of government in practice. Executive powers in particular were not enumerated in detail unlike the legislative ones and the implication of such function as commander in chief were not here.
Position of founding fathers towards presidency & Congress
On the whole most founding fathers initially distrusted the presidency & considered congress as the first and the main branch of government.
Alexander Hamilton
Yet from the beginning, prominent leaders such as Alexander Hamilton believed that the executive was bound to lead the nation because it was by essence more dynamic & more action-oriented than the legislature.
+ Some argued that only Congress could decide on neutrality policy. However, Hamilton supported Washington initiative arguing that the Constitution by vesting the Executive power in the Presidency gave broad powers to the president
Guerre d’indépendance des États-Unis dates
1775-1783
Theory that prevailed through 20th century
BUT
All through the 20th century, theory of congressional / legislative primacy prevailed
BUT a few presidents took historic initiatives that asserted executive authority and set precedents for their successors of the modern era.
Neutrality Proclamation & Jay Treaty
Washington raised issues of presidential powers in foreign policy when he issued his Neutrality Proclamation in 1793 and when he refused participation of the House (of representative) in negotiation of Jay Treaty in 1794. It declared the nation neutral in the conflict between France and Great Britain.
Jay Treaty : date + what it is exactly
Jay Treaty : November, 19th 1794 it was a Treaty of Amity, Commerce and Navigation between his britannic Majesty and the United States of America.
It Averted war
It resolved issues remaining since the Treaty of Paris (1783, ended the American Revolutionary War)
It facilitated 10 years of peaceful trade between the US and Britain in the midst of the French Revolutionary Wars.
Some argued that only Congress could decide on neutrality policy.
What about Hamilton & Maddison ?
Some argued that only Congress could decide on neutrality policy. However, Hamilton supported Washington initiative arguing that the Constitution by vesting the Executive power in the Presidency gave broad powers to the president whereas Maddison argued that the power to decide on war and peace was specifically reserved to Congress.
In the end, Washington and Hamilton prevailed
After Washington, several presidents took unilateral decisions in foreign policy whose legitimacy was not questioned.
→ Jefferson for instance, purchased Louisiana without Congressional authorisation in 1803 from France without Congressional authorisation.
→ Monroe issued the Monroe Doctrine in 1823 [It is a principle of US policy originated by President James Monroe in 1823 that any intervention by external powers in the politics of the Americas is a potientally hostile act against the US]
→ Polke (president from 1824-1829) started the Mexican war in 1846 without the declaration of War and then he forced Congress to recognise the State of War. (1846-1848).
1828
first election by Universal Sufferage (= White and male).
What prevailed in domestic policy ?
In domestic policy however, Congress generally prevailed.
Jackson’s presidency marked a turning point :
Jackson’s presidency marked a turning point : his impact was related to the evolution of the Party System as the State gradually abandoned voting restrictions. 1828 was the first election by Universal Sufferage (= White and male). Unlike his predecessors, Jackson could claim popular legitimacy.
==> This tightened the link between the Presidency and the people at the expense of Congress.
+ Then, he was the first president to use his power of veto in an assertive way as an effective means to block legislation he disapproved of.
Lincoln & Congress
The next step was taken by Lincoln; he used extraordinary powers without consulting the Congress during the Civil War and even suspended the habeas corpus. He conducted the (civil) war alone for months as commander in chief. He then asked Congress to approve, which it did.
⇒ The Historic ascension of Presidential powers is thus justified by emergency circumstances.
20th century paved the way for the modern Presidency : by what this was favoured ?
Then, the turn of the 20th century paved the way for the modern Presidency that change was favoured by the new international context and massive social and economic changes at home.
Changes in the turn of 20th for Modern Presidency
→ With the Victory in the Spanish-American War in 1898 Mc Kinley asserted the Presidential authority as the Commander-in-Chief (he was 25th psdt of US from 1897-1901)
→ Then Theodore Roosevelt (26th psdt of the US from 1901-1909) extended his authority in Domestic & Foreign Policy. He appealed to the people to force Congress to pass legislation. This is rhetorical presidency. He proposed a presidential legislative program, this was the beginning of a new era.
→ The trend was confirmed by Wilson’s Presidency. (Woodrow Wilson, 28th President of the United States, 1913-1921). He won exceptional powers during WW1 especially to regulate the economy, he established Press conferences and ensured passages of progressive legislative.
With who started the Modern Presidency ?
It started with F.D.R (Franklin Delano Roosevelt) : 32nd president of the US from 1933 to 1945
