Examples of Congressional Devices: Terms and Qualifications

Political Scientists Jack Greenberg (Yale University) and John Dearborn (Vanderbilt University) have a new book that focuses on the idea of presidential self-restraint and the ways in which the U.S. Congress has tried to design Executive positions with an eye towards making real this dimension of presidential norms. The concept of presidential self-restraint is a component of how the president uses his/her executive powers: that the president has a certain expanse of power and chooses, based on a variety of reasons or outcomes, to husband some of that power, or restrain its use. Because presidential self-restraint is particularly hard to divine, especially in how presidents think about the execution of their powers, Greenberg and Dearborn turned to congressional considerations that essentially take into account this idea. Congress has spent quite a lot of time over the past fifty years (since Watergate) in designing appointed positions within the Executive branch in such a way as to flesh out a kind of restraint on the president’s part. In so doing, Congress has attempted different means to insulate individuals/positions from potential abuse by a president.

Congressional Expectations of Presidential Self-Restraint integrates a number of case studies of congressional action on presidential appointments to examine this push and pull between the legislative and executive branches. As the issue of self-restraint has become more pressing, Greenberg and Dearborn sketch out three foundational shifts that provides the framework for the way that Congress has tried to insulate executive positions, and the ways in which Congress has acknowledged the tension around depending on presidential self-restraint. The issues of political polarization, especially as demonstrated by congressional co-partisans with the president, the Supreme Court’s growing commitment to constitutional formalism and unilateralism in the Executive, and Congress’s unwillingness to defend its own powers and assert those powers all contribute to this conundrum of a reliance on presidential self-restraint that is often caught up in an expansion of the use of executive powers. The case studies provided demonstrate this conundrum and help us to see just how Congress tried to structure self-restraint into a number of different appointments and how presidents have tried to work around those constraints, some more successfully than others.

This is a brief but complex analysis of the current dynamic between the president and Article II powers, the U.S. Congress’s evaporating powers, and the Supreme Court’s complicit role in fortifying an expansive understanding of presidential power.

Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe Volume I: The Infinity Saga (University Press of Kansas, 2022) and The Politics of the Marvel Cinematic Universe Volume II: Into the Multiverse (University Press of Kansas, 2025) as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social

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