Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com The Presidency Is the executive branch too powerful? resident Trump’s governance style has heightened long-standing concerns that presidents have been asserting more power, through executive orders and other means, than the Constitution intended. PFor instance, no president has asked Congress for a declaration of war since World War II even though the Constitution reserves war-making power to the legislative branch. Some historians date the growth of presidential control to the New Deal-era expansion of the federal government, and others to the end of the Cold War and a decline of foreign policy expertise in Congress. Critics of President Trump boards Air Force One at Joint Base Andrews in Maryland on Nov. 5, 2018. Trump’s Trump, pointing to his mounting executive orders and criticism leadership style has exacerbated long-standing concerns that presidents — both Republican and Democratic — of the justice system, worry that the American system of checks have been asserting more power, through executive orders and other means, than the Constitution intended. and balances could be in peril. Others see Trump’s overturning of standing policies as the inevitable result of rising presidential power under both Republicans and Democrats. Trump’s support- ers say he is doing exactly what he was elected to do: disrupt I THIS REPORT Washington’s traditions. Whether future presidents will follow N THE ISSUES ............................ 971 Trump’s example remains an open question. S BACKGROUND ...................... 977 I CHRONOLOGY ...................... 979 D CURRENT SITUATION .......... 984 CQ Researcher • Nov. 16, 2018 • www.cqresearcher.com E Volume 28, Number 41 • Pages 969-992 AT ISSUE ................................ 985 OUTLOOK .............................. 987 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE ◆ AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD BIBLIOGRAPHY ..................... 990 THE NEXT STEP ................... 991 THE PRESIDENCY Nov. 16, 2018 Volume 28, Number 41 THE ISSUES SIDEBARS AND GRAPHICS EXECUTIVE EDITOR: Thomas J. Billitteri [email protected] • Are the checks and balances Clinton Issued Most 971 on presidential power still 972 Executive Orders in ASSISTANT MANAGING EDITORS: Kenneth Fireman, [email protected], working? First Year Kathy Koch, [email protected], • Will President Trump’s Obama issued the least. Scott Rohrer, [email protected] nontraditional behavior alter the presidency for good? 973 Americans Leery of Greater ASSOCIATE MANAGING EDITOR: Val Ellicott • Has the office of the Presidential Power CONTRIBUTING WRITERS: Sarah Glazer, president grown too big for They overwhelmingly oppose Alan Greenblatt, Reed Karaim, one person? expanding it. Barbara Mantel, Patrick Marshall, Tom Price SENIOR PROJECT EDITOR: Olu B. Davis Parties Trade Control of 976 Congress EDITORIAL ASSISTANT: Natalia Gurevich BACKGROUND Democrats and Republicans PROOFREADER: Michelle Harris have shared power in six of Checks and Balances the last 19 Congresses. FACT CHECKERS: Eva P. Dasher, 977 The Founders limited execu- Betsy Towner Levine, Robin Palmer tive branch power. Chronology 979 Key events since 1789. 978 Expanding Authority Abraham Lincoln broadened War Declarations Not presidential powers during 980 Sought in Modern Times the Civil War. Presidents dislike “having to go to Congress and fight An Imprint of SAGE Publications Inc. The “Imperial” Presidency that out.” 981 Richard M. Nixon said he had SENIOR VICE PRESIDENT, the power to defy Congress. GLOBAL LEARNING RESOURCES: Is Trump Violating the Karen Phillips 982 Emoluments Clauses? 984 Age of Gridlock The president’s properties ASSOCIATE VICE PRESIDENT, Critics say Congress’ partisan could invite special treatment, LIBRARY EDITORIAL: divide has rendered it inef- critics say. Todd Baldwin fective. 985 At Issue: Copyright © 2018 CQ Press, an Imprint of SAGE CURRENT SITUATION Does a U.S. president have Publications, Inc. SAGE reserves all copyright and the authority to pardon other rights herein, unless previ ous ly spec i fied in writ- himself? Russia Probe ing. No part of this publication may be reproduced 984 The investigation’s future is electronically or otherwise, without prior written uncertain. permission. Un au tho rized re pro duc tion or trans mis- FOR FURTHER RESEARCH sion of SAGE copyright ed material is a violation of federal law car ry ing civil fines of up to $100,000. 986 Congress vs. the Presidency For More Information Democrats say they will in- 989 Organizations to contact. CQ Press is a registered trademark of Congressional vestigate Trump’s finances. Quarterly Inc. Bibliography CQ Researcher (ISSN 1056-2036) is printed on acid- Going to Court 990 Selected sources used. free paper. Published weekly, except: (March wk. 986 Trump so far has won only one lawsuit filed against his 4) (May wk. 4) (June wk. 5) (Aug. wks. 2, 3) (Nov. administration. The Next Step wk. 4) and (Dec. wks. 3, 4). Published by SAGE 991 Additional articles. Publications, Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. Annual full-service subscriptions start at UTLOOK Citing CQ Researcher $1,131. For pricing, call 1-800-818-7243. To purchase O 991 Sample bibliography formats. a CQ Researcher report in print or electronic format (PDF), visit www.cqpress.com or call 866-427-7737. Bully Pulpit 987 Single reports start at $15. Bulk purchase discounts Trump’s style is reshaping and electronic-rights licensing are also available. the nature of the office. Periodicals postage paid at Thousand Oaks, California, and at additional mailing offices. POST MAS TER: Send ad dress chang es to CQ Re search er, 2600 Virginia Ave., N.W., Suite 600, Wash ing ton, DC 20037. Cover: AFP/Getty Images/Mandel Ngan 970 CQ Researcher The Presidency BY SARAH GLAZER Since the Cold War ended in 1991, Congress has been THE ISSUES losing its willingness and n his first year in office, capacity “to rein in the presi- President Trump over- dents,” particularly on foreign I turned more than 100 policy, according to Goldgeier Obama-era policies on issues and Saunders. Moreover, they ranging from immigration to and other experts say, growing the environment. party polarization and changes He also withdrew the United in Congress since the 1970s, States from international agree- including the weakening of ments to limit climate change committees, has exacerbated and curb Iran’s nuclear ambi- the situation. 4 tions and said he has the power During Obama’s first two to pardon former advisers years in office, his Democratic ensnared by special counsel Party controlled both houses Robert S. Mueller’s investigation of Congress. But Republicans of Russian election interference took control of the House in — and even to pardon himself. 1 2011, and Democrats held only Recently, Trump said he a tiny majority in the Senate. wanted to amend a long- Facing an increasingly resistant established interpretation of the Congress, Obama began to AFP/Getty Images/Jim Watson Constitution’s 14th Amendment President Barack Obama signs two presidential exert his authority through by declaring that it does not memoranda in his office on Air Force One in November executive action rather than automatically grant citizenship to 2014. Presidents increasingly have been using seek legislation. For example, noncitizens’ U.S.-born children. 2 executive orders, memoranda, proclamations and letters instead of entering into official to agencies to enact policies. Obama issued more Trump’s actions have stirred executive memoranda than any previous president. treaties on curbing climate new questions about where the change and limiting Iran’s limits of presidential power lie nuclear bomb-making capacity, — questions that have persisted through- whether he is permanently reshaping the Obama signed international agreements out the nation’s 242-year history but that very norms and customs of the office. on those issues. This was necessary, have grown more pronounced during The White House under Trump is an argued Obama’s Secretary of State John recent presidencies as political polariza- “unchained, unconstrained” presidency, Kerry, because it had “become physically tion has increasingly gripped the nation. wrote James M. Goldgeier, a professor impossible” to obtain the two-thirds In some ways, say historians and of international relations at American (67) vote of the Senate required by the presidential experts, Trump has merely University, and Elizabeth N. Saunders, Constitution to ratify a treaty. 5 continued a long-standing trend toward associate professor in the Georgetown As a result, however, the next presi- broadening executive authority, whether University School of Foreign Service. The dent could reverse those international by claiming war-making powers or con- phenomenon “didn’t start with Trump,” agreements with the stroke of a pen, ducting foreign policy without congres- they wrote in an article describing what which is what Trump did. sional approval. Checks and balances they see as Congress’ abdication of power “Obama left a loaded gun in the on the presidency have been eroding in foreign policy, “but it has exploded Oval Office” in the form of executive for decades, experts say, as presidents since he took office.” 3 orders, says Sidney Milkis, a professor increasingly have asserted more author- Presidential experts say traditional of politics at the University of Virginia. ity than the Founders intended. brakes on