The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960

Western Michigan University ScholarWorks at WMU Dissertations Graduate College 4-2013 Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960 Katherine Elizabeth Ellison Western Michigan University, [email protected] Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the Political History Commons, and the United States History Commons Recommended Citation Ellison, Katherine Elizabeth, "Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960" (2013). Dissertations. 138. https://scholarworks.wmich.edu/dissertations/138 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 by Katherine Elizabeth Ellison A dissertation submitted to the Graduate College in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of History Western Michigan University April 2013 Doctoral Committee: Edwin A. Martini, Ph.D., Chair Sally E. Hadden, Ph.D. Mark S. Hurwitz, Ph.D. Kathleen G. Donohue, Ph.D. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 Katherine Elizabeth Ellison, Ph.D. Western Michigan University, 2013 This project offers a fundamental rethinking of the origins of the imperial presidency, taking an interdisciplinary approach as perceived through the interactions of the executive, legislative, and judiciary branches of government during the 1930s, 1940s, and 1950s. In light of the end of the Cold War and twenty-first century recurrence of the imperial presidency after the September 11, 2001 attacks, the original thesis proposed by historian Arthur M. Schlesinger Jr. in The Imperial Presidency and other works based on the periodization of the Cold War is in need of updating. By utilizing legal theories, political science models, and historical analysis, this project creates a more complete concept of how governmental players and bodies interacted in the post-World War II United States, creating an environment conducive to the construction of an imperial presidency in the future and de-centering the executive overall. A combination of legal realism, rhetorical analysis, the two presidencies theory, rally effect concepts, and political models such as the attitudinal model, cue theory, and distributive politics take this project beyond a simple historical study by focusing on the background, mindset, and behavior of political actors involved, not just their documents. Tying all of this together, I argue, is the concept of continuous warfare, a liminal zone of political malleability between traditional peace and traditional war, which governmental actors utilize for their purposes, prerogatives, and agendas. Stretching beyond the Cold War and into the present day, the ambiguous nature of continuous warfare systematically persuaded Congress and the Supreme Court of the United States to give up their governmental checks on the Commander in Chief during the forties and fifties. This perpetual imbalance of power creates a sturdy structure that might house an imperial president. Additionally, the American people, manipulated by governmental actors within the allowances of continuous warfare, came to accept this liminal zone as a new version of “peace” in the United States, creating the illusion of safety and security, a “house of peace.” The American public’s willingness to accept continuous warfare under the pretense of peace reinforced the structural imbalance of power that continues to house a strong executive. Copyright by Katherine Elizabeth Ellison 2013 ACKNOWLEDGEMENTS In President Harry S. Truman’s memoirs, he noted that “Within the first few months I discovered that being a president is like riding a tiger. A man has to keep riding or be swallowed.” In my own experience, I quickly discovered that writing a dissertation has much of the same thrilling fear as Truman’s take on the presidency. One simply has to keep writing, no matter the other distractions, pitfalls, or bumps that occur along life’s road. Many people and organizations made my own personal “tiger ride” as smooth as possible. Foremost, my advisor Dr. Ed Martini provided valuable insight well beyond the dissertation writing process. Though my topic was at times a learning experience for us both, Martini never failed to give constructive criticism, hopeful praise, and lend direction throughout this project’s inception and completion. Beyond this, I could not have asked for a more ambitious, talented, and all around good guy to be my advisor, serve as a role model, and guide me through the seemingly perpetual turmoil of academia. For this, I am deeply grateful. Along with Dr. Martini, the other members of my dissertation committee, Drs. Mark Hurwitz, Kathleen Donohue, and, Sally Hadden helped to create a perfect forum for the interdisciplinary nature of this project. In particular, Dr. Donohue inspired me not only to continue my graduate education but also to take an interest in the activities of government due to her own research on executive power. Although I never had the ii Acknowledgements—Continued pleasure of taking a course taught by Dr. Hadden, our interactions during this project and beyond, have left me in awe of her almost imperceptible ability to move between the fields of law and history amongst many others. Her critiques continually posed questions that helped to make this project whole. Finally, Dr. Hurwitz allowed me the opportunity to expand my historical viewpoint to the very closely related field of political science, public law in particular. Dr. Hurwitz’s perspective helped me to see the holes in my historical analysis and better understand how the Court and government operate. Beyond my committee, I would like to thank my officemates over the last five years, Chris Jannings, Francis Bonenfant, Bill Watson, Samantha Steele, and Adam Quigley for providing, not least of importance, entertainment, encouragement, and a sometimes-necessary escape from the rigors of academe. Along with the 4419 crew, I owe a debt of gratitude to the Western Michigan University Department of History for providing me with a home for my doctoral study, an opportunity to grow as a student and teacher, and the funding for many of my supplies and excursions that made this project possible. Additionally, the staff and librarians of the Harry S. Truman Library and Museum, Library of Congress, Dwight D. Eisenhower Presidential Library, University of Kentucky Special Collections, University of Louisville Louis D. Brandeis School of Law, Special Collections and Rare Books at the Tarlton Law Library, and Franklin D. Roosevelt Presidential Library deserve thanks for their help in finding documents and iii Acknowledgements—Continued hauling endless cartloads back and forth to the research room for my use. A special mention must go to the Truman Library, which provided a generous research and travel grant to help defray the costs of my trip to Independence, Missouri in search of the foundations of the imperial presidency. Likewise, the Graduate College at Western Michigan University, including especially Dr. Julie Nemire, helped this extensive project get underway and reach completion through the Gwen Frostic Dissertation Fellowship, two graduate research grants, and a Dissertation Completion Fellowship. Lastly, my parents Mary and Allen Temple, my father-in-law Terry Ellison, my friends Adam Engel and John Byczynski along with many other friends and family have provided endless moral and financial support throughout my education for which I could never thank them enough. Most of all, my husband Phil never failed to play devil’s advocate or lend a well-thought out opinion about my work. His constant companionship, encouragement, and unconditional love were key factors in my sanity over the last several years. His own daily work in the legal world provided additional insight and humor that helped to break up the monotony of historical research. I look forward to beginning our life post-student, finally! Katherine Elizabeth Ellison iv TABLE OF CONTENTS ACKNOWLEDGEMENTS .................................................................................... ii LIST OF ABBREVIATIONS ................................................................................. viii CHAPTER INTRODUCTION ...................................................................................... 1 The Executive as Architect ................................................................ 5 Previous Residences........................................................................... 9 Building a House of Peace ................................................................. 14 The Many Rooms ............................................................................... 16 Breaking Ground ................................................................................ 24 I. LAYING THE GROUNDWORK: FROM ROOSEVELT TO TRUMAN ................................................................................................... 26 Skillset...............................................................................................

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