Law professor Dan Farber discusses the evolving powers of the US president, from historical context to modern debates. Topics include the importance of checks and balances, presidential authority after World War II, fears of election violence, and the delicate balance between democracy and authoritarianism.
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Quick takeaways
Presidential powers have expanded significantly over time, shifting the focus of the US government towards the presidency.
Checks and balances along with legal safeguards are crucial in maintaining the balance of presidential power.
Deep dives
Evolution of Presidential Powers
Presidential powers have expanded significantly since the country's founding, with a notable shift toward the presidency becoming the focal point of the U.S. government. The Constitution did not initially provide a clear picture of presidential powers, with early debates focusing more on election processes rather than executive authority. Key moments in history, such as World War II and subsequent presidencies, have marked significant expansions in executive authority, especially regarding national security matters.
Checks and Balances on Presidential Power
The balance of presidential power is a nuanced issue with various checks and balances in place to prevent potential abuses. While norms and societal expectations play a crucial role in restraining presidential power, legal safeguards such as the 22nd Amendment, imposing term limits, and congressional oversight serve as formal restraints. Emergency powers and executive orders present complexities in maintaining this balance, highlighting the ongoing tug of war between Congress and the president.
Threats to Democratic Norms
Concerns arise regarding potential threats to democratic norms and constitutional principles, particularly in the face of uncertainties surrounding elections and presidential powers. The possibility of exploiting legal loopholes, expanding executive authority, and challenging established norms raises apprehensions about the endurance of democratic institutions. The delicate balance between empowering the president to act decisively in emergencies and preventing authoritarian tendencies underscores the need for vigilant adherence to democratic values and the rule of law.
The US government was built on a system of checks and balances. But there’s always been a tug of war over just how much power the president has — on paper and in practice.
Law professor and author Dan Farber joins Big Take DC host Saleha Mohsin on the powers and limits of the US president, how they’ve evolved since the country’s founding, and what’s at stake if a Commander-in-Chief ignores the office’s unwritten rules and precedents.