3.1 Founding Fathers' Vision of the Presidency
4 min read•august 7, 2024
The Founding Fathers grappled with how to structure the presidency, balancing the need for a strong leader with fears of tyranny. They created a system of , granting the president significant powers while limiting their scope.
Key figures like Washington, Hamilton, and Madison shaped the early presidency through their actions and writings. Their differing visions of continue to influence debates over presidential authority to this day.
Constitutional Framework
Separation of Powers and Checks and Balances
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- The Constitutional Convention of 1787 established the framework for the U.S. government
- The Constitution created a system of checks and balances to prevent any one branch from becoming too powerful
- Legislative branch (Congress) makes laws, but the executive branch (President) can veto them
- Executive branch enforces laws, but the judicial branch (courts) can rule laws unconstitutional
- Judicial branch interprets laws, but the legislative branch can impeach judges
- The Constitution grants the President executive power to enforce laws and manage foreign affairs
- The holds that the President has complete control over the executive branch (all federal agencies)
Debates over Executive Power
- Delegates at the Constitutional Convention debated how much power to give the President
- Some feared a too-powerful executive could become a monarch
- Others argued a strong executive was needed to effectively govern
- Ultimately, the Constitution established the President as commander-in-chief of the military
- The President was also given the power to make treaties and appoint ambassadors and judges with Senate approval
- But the Constitution left the scope of executive power somewhat vague, leading to ongoing debates
- For example, debates over the President's war powers and ability to act without Congressional approval
Key Founders
George Washington's Precedents
- , as the first President, set important precedents that shaped the office
- Washington established the Cabinet system of executive department heads to advise the President
- He set a two-term limit precedent by declining to run for a third term
- This two-term tradition lasted until Franklin D. Roosevelt in the 1940s and was then codified in the 22nd Amendment
- Washington's restrained use of power and willingness to share authority with Congress set the tone for a balanced government
Alexander Hamilton's Strong Executive Vision
- , Washington's Treasury Secretary, advocated for a strong executive branch
- In the , Hamilton argued the President needed "energy" and "unity of purpose" to effectively administer the government
- Hamilton favored an expansive interpretation of the Constitution's vesting of executive power in the President
- He supported Washington's power to remove Cabinet members without Senate approval in order to control the executive branch
- Hamilton's views laid the groundwork for more expansive exercises of presidential power in the 20th century
James Madison's Checks on Executive Power
- , considered the "Father of the Constitution," took a more restrained view of executive power
- In the Federalist Papers, Madison emphasized the Constitution's limits on each branch of government
- He argued the and system of checks and balances would prevent tyranny
- As a member of the first Congress, Madison supported the creation of the Bill of Rights to further limit government power
- Later as President, Madison exercised restraint, seeking Congressional approval before leading the country into the War of 1812
Federalist Vision
Federalist Papers and Strong National Government
- The Federalist Papers were 85 essays written by Alexander Hamilton, James Madison, and John Jay to promote ratification of the Constitution
- Published in 1787-1788, the essays explained how the Constitution's structure would create an effective federal government while preventing tyranny
- Federalist No. 70 argued for a strong, unitary executive, while Federalist No. 51 explained how checks and balances would constrain each branch
- Overall, the Federalist vision called for a strong national government with an energetic executive at the helm to provide national
- This contrasted with the Anti-Federalists who favored retaining more power in the states
Electoral College System for Choosing the President
- The Constitution created the Electoral College system for electing the president
- Rather than a direct popular vote, each state gets a number of electors based on its total number of representatives in Congress
- In most states, the candidate who wins the popular vote wins all that state's electoral votes (winner-take-all system)
- The Federalist Papers defended this system, arguing it would produce higher quality presidents
- Electors, as distinguished citizens, could prevent a demagogue from winning based on passions of the moment
- The Electoral College also gave extra influence to smaller states, since even the least populous states get a minimum of 3 electoral votes
- In modern times, the Electoral College has been criticized as undemocratic, with 5 elections (including 2000 and 2016) where the Electoral College winner did not win the national popular vote
Key Terms to Review (19)
Accountability: Accountability refers to the obligation of an individual or organization to explain, justify, and take responsibility for their actions and decisions. It is essential in governance as it ensures that leaders are answerable to the public, thereby promoting transparency and trust in the political system. In the context of executive privilege, accountability challenges the extent to which leaders can operate without oversight, while in the vision of the presidency, it highlights the balance between authority and responsibility.
Alexander Hamilton: Alexander Hamilton was a Founding Father of the United States, serving as the first Secretary of the Treasury and playing a pivotal role in shaping the nation's financial system. He was a strong advocate for a powerful central government, which influenced the creation of the Electoral College and established the Cabinet as a key component of executive governance.
Bicameralism: Bicameralism refers to a legislative system that divides the legislature into two separate chambers or houses, each with its own powers and responsibilities. This structure is designed to ensure checks and balances within the legislative process, promoting thorough deliberation and preventing hasty decisions by requiring agreement from both chambers before laws can be enacted. Bicameralism plays a significant role in the balance of power between branches of government and reflects the Founding Fathers' intent to create a more representative and deliberative political system.
Checks and balances: Checks and balances is a system that ensures no one branch of government becomes too powerful by providing each branch with the ability to limit the powers of the others. This framework promotes accountability and prevents abuse of power, ensuring that the executive, legislative, and judicial branches work within their designated authorities.
Emancipation Proclamation: The Emancipation Proclamation was an executive order issued by President Abraham Lincoln on January 1, 1863, declaring the freedom of all enslaved people in Confederate-held territory during the American Civil War. This landmark decision not only aimed to weaken the Confederacy but also redefined the purpose of the war, shifting it towards a fight for human freedom.
Executive Power: Executive power refers to the authority vested in the president of the United States to enforce laws, direct national defense, and conduct foreign relations. This power is critical in shaping policy and governance, allowing the president to lead the executive branch, implement legislation, and respond to national crises, which connects to the overall structure of the American government.
Federalist Papers: The Federalist Papers are a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the United States Constitution. These writings articulate the principles of American government and provide insight into the intentions of the Founding Fathers regarding the structure and powers of the new national government, particularly emphasizing a strong executive branch.
George Washington: George Washington was the first President of the United States, serving from 1789 to 1797. He is often referred to as the 'Father of His Country' due to his pivotal role in the founding of the nation and setting many precedents for the presidency, influencing how the office would function in the future.
James Madison: James Madison was the fourth President of the United States, serving from 1809 to 1817, and is often referred to as the 'Father of the Constitution' due to his pivotal role in drafting and promoting the U.S. Constitution and the Bill of Rights. His vision for the presidency emphasized a balanced government, separation of powers, and checks and balances, which were crucial to ensuring that no single branch of government could dominate.
Leadership: Leadership refers to the ability to guide, influence, and inspire individuals or groups towards achieving common goals. In the context of the presidency, it embodies the president's role in shaping policy, rallying public support, and fostering unity during challenging times. Effective leadership is essential for navigating the complexities of governance and responding to both domestic and international challenges.
Legislative oversight: Legislative oversight refers to the authority and responsibility of legislative bodies to monitor, review, and supervise the actions and activities of the executive branch. This process ensures that the executive is implementing laws as intended and is held accountable for its actions. By maintaining a check on the executive, legislative oversight plays a critical role in safeguarding democratic governance and upholding the principles envisioned by the nation's founders.
Presidential vs. Parliamentary Systems: Presidential and parliamentary systems are two distinct forms of government that define how executive power is structured and exercised. In a presidential system, such as that of the United States, the president is both the head of state and the head of government, elected separately from the legislative branch, providing a clear separation of powers. In contrast, a parliamentary system, like that in the United Kingdom, combines the executive and legislative branches, with the prime minister serving as both leader of the government and a member of the legislature, creating a different dynamic in governance and accountability.
Separation of Powers: Separation of powers is a governance model that divides the responsibilities and powers of government into distinct branches to prevent any one branch from becoming too powerful. This framework is essential to understanding the dynamics between the executive, legislative, and judicial branches, ensuring a system of checks and balances that protects individual liberties and maintains order within the state.
Twelfth Amendment: The Twelfth Amendment is a constitutional change ratified in 1804 that established the procedure for electing the President and Vice President of the United States. This amendment was created to refine the electoral process, particularly following the election of 1800, which highlighted flaws in the original system, such as the possibility of a tie and the unintended elevation of a candidate to the presidency who was not intended for that role. It requires electors to cast separate ballots for President and Vice President, ensuring that the two offices are filled by candidates who are intended to serve together.
Twenty-Second Amendment: The Twenty-Second Amendment to the United States Constitution limits the president to two elected terms in office. Ratified in 1951, this amendment was a response to Franklin D. Roosevelt's unprecedented four-term presidency, reflecting a concern for the concentration of power and ensuring democratic principles in the leadership of the nation.
U.S. Constitution: The U.S. Constitution is the foundational legal document that outlines the framework of the federal government of the United States, establishing the separation of powers among the legislative, executive, and judicial branches. It embodies the principles of democracy and serves as the supreme law of the land, providing a blueprint for governance while protecting individual rights through its amendments.
Unitary executive theory: Unitary executive theory is the idea that the President of the United States holds the ultimate authority over the executive branch and can control all aspects of its functions. This theory asserts that the President has the power to direct federal agencies, make decisions on policy, and take unilateral actions without interference from Congress or the judiciary, shaping the evolution and understanding of presidential power throughout American history.
Veto power: Veto power is the authority of the President to reject legislation passed by Congress, preventing it from becoming law. This power is a key part of the checks and balances system, ensuring that no single branch of government can dominate the legislative process.
Whiskey Rebellion: The Whiskey Rebellion was an armed uprising that took place in the United States from 1791 to 1794, primarily in western Pennsylvania, against the federal excise tax on whiskey. It represented one of the first significant tests of federal authority and highlighted the tension between the newly formed government and rural citizens who felt the tax unfairly targeted their livelihoods, showing how the Founding Fathers envisioned a strong central government capable of enforcing laws.