2.6 Expansion of Presidential Power

TLDR

Presidential power has grown well beyond what the Framers spelled out in the Constitution. Presidents justify both their formal powers, like vetoes and the commander in chief role, and informal powers, like executive orders, signing statements, and executive agreements, by pointing to ideas like the strong single executive in Federalist No. 70.

AP Gov 2.6 Expansion of Presidential Power

AP Gov 2.6 asks how presidents interpret and justify their use of formal and informal powers. The key required evidence is Federalist No. 70, where Hamilton argues that a single energetic executive is necessary for steady law enforcement, national protection, and accountability.

The topic also includes limits and debate. The Twenty-Second Amendment shows concern about too much presidential power by creating term limits, while modern debates compare limited views of presidential authority with more expansive views.

Why This Matters for the AP Gov Exam

This topic is about how presidents interpret and justify their use of power, which connects directly to a major theme of Unit 2: how the branches both compete and cooperate. Unit 2 makes up 25-36% of the multiple-choice section, so understanding how presidents expand their influence shows up often.

Federalist No. 70 is one of the required foundational documents, so you may need to use it as evidence in the Argument Essay (FRQ 4) or analyze it in source-based multiple-choice questions. You can also apply expansion-of-power ideas in Concept Application (FRQ 1) when a scenario describes a president using executive orders or other tools to get around congressional gridlock.

Key Takeaways

• Federalist No. 70 argues a single, energetic executive protects the country, enforces laws steadily, and secures liberty. This is often used to justify strong presidential leadership.
• The Twenty-Second Amendment set a two-term limit, showing concern about presidents holding too much power for too long.
• Formal powers come from the Constitution (vetoes, commander-in-chief, treaties, appointments). Informal powers grew through practice (executive orders, signing statements, executive agreements, bargaining and persuasion).
• Presidents often turn to executive orders and directives to the bureaucracy when Congress will not act on their agenda.
• Debate over a limited versus expansive presidency continues today and connects to current events.

Foundational Justification: Federalist No. 70

In Federalist No. 70, Alexander Hamilton argues for a single executive rather than a group. He claims a strong executive is "essential to the protection of the country against foreign attacks, to the steady administration of the laws, to the protection of property, and to the security of liberty."

Hamilton's main points:

• One executive is more decisive and easier to hold accountable than several.
• A single leader can act quickly when the country needs a fast response.
• Energy in the executive helps protect both liberty and effective law enforcement.

Because Federalist No. 70 is a required document, you should know its core argument well enough to quote or paraphrase it as evidence in an argument about presidential power.

The Twenty-Second Amendment: A Limit on Expansion

After Franklin D. Roosevelt was elected to four terms, many Americans worried about one person holding the presidency for too long. The Twenty-Second Amendment (1951) responded by limiting presidents to two terms.

This amendment matters for this topic because it shows the other side of the story. While presidential power has generally expanded, the Twenty-Second Amendment is direct evidence that people have pushed back against the idea of an overly powerful executive.

Formal vs. Informal Powers

Presidents build influence through both constitutional powers and tools developed through practice and tradition.

Informal powers are especially important when a president faces resistance in Congress. They give the president ways to act on an agenda without waiting for new legislation.

Executive Orders and Directives

Executive orders are directives to federal agencies that manage how the government runs. They come from the president's executive power or from authority Congress has delegated. They do not need congressional approval, but courts can block them and future presidents can reverse them.

When Congress's agenda clashes with the president's, presidents often rely on executive orders and directions to the bureaucracy to advance their own priorities.

Competing Views on Presidential Power

A central idea in this topic is that perspectives on the presidency range from limited to expansive, and that debate continues with each new president and crisis. Several optional readings illustrate these competing views, though they are not required AP content.

Stewardship View (Theodore Roosevelt, example)

In his autobiography, Theodore Roosevelt described the president as a steward of the people who can take action unless the Constitution specifically forbids it. This is an expansive view of presidential power.

Limited View (William Howard Taft, example)

In Our Chief Magistrate and His Powers, William Howard Taft argued the president can only do what the Constitution clearly allows. This is a more limited view that emphasizes strict separation of powers.

Ideological Leadership (FDR's "Four Freedoms," example)

In his 1941 State of the Union, Franklin D. Roosevelt described American goals in terms of freedom of speech, freedom of worship, freedom from want, and freedom from fear. It is often used as an example of a president using the office to shape national and even global priorities.

These readings are useful illustrations of the debate, but the AP requirement is to explain how presidents interpret and justify their use of power, not to memorize each author.

Examples of Expanding Power in Practice

The following are applications of how presidential power has grown, often during crises. They are illustrative, not required AP content, but they help you understand the concept.

• Abraham Lincoln suspended habeas corpus during the Civil War, claiming wartime necessity. This is often cited as an early example of expanded emergency power.
• Franklin D. Roosevelt grew the size and reach of the executive branch during the Great Depression through New Deal programs and new federal agencies.
• Presidents have used the bully pulpit and modern communication to rally public support and pressure Congress.

Use these as evidence or illustration, but in an argument always tie them back to the core idea of how presidents justify formal and informal power.

How to Use This on the AP Gov Exam

These are the most relevant ways this topic shows up, not every possible question type.

MCQ

Expect questions that ask you to identify formal versus informal powers or to read a passage from Federalist No. 70 and connect it to a strong single executive. You may also see scenario questions where a president uses executive orders to get around congressional gridlock.

FRQ 1: Concept Application

A scenario might describe a president acting unilaterally, such as issuing an executive order or directing an agency. You would explain how that reflects expanded presidential power and how it can create tension with Congress.

FRQ 4: Argument Essay

Federalist No. 70 is a required document you can use as evidence in an argument about whether the presidency has too much power or whether a strong executive is necessary. Pair it with the Twenty-Second Amendment to show both expansion and the limits placed on it.

Common Trap

Do not assume that "expansion of power" only means breaking rules or overreach. Many expanded powers, like executive orders, are legal tools rooted in the president's executive authority or delegated by Congress. Focus on how presidents justify their actions, not just whether you think the actions are fair.

Common Misconceptions

• Executive orders are not laws Congress passes. They are presidential directives to the executive branch, and they can be reversed by later presidents or struck down by courts.
• Federalist No. 70 does not argue for unlimited power. It argues for a single, energetic executive who can act decisively and be held accountable.
• The Twenty-Second Amendment limits terms, not the day-to-day powers of the president. It addresses how long someone can serve, not what they can do while in office.
• Informal powers are not the same as unconstitutional powers. Tools like executive agreements and signing statements developed through practice and tradition, not by violating the Constitution.
• A strong presidency is not automatically good or bad. The point of this topic is the ongoing debate between limited and expansive views, not a single correct answer.

Related AP Gov Guides

• 2.1 Congress: The Senate and the House of Representatives
• 2.2 Structures, Powers, and Functions of Congress
• Unit 2 Overview: Interactions Among Branches of Government
• 2.4 Roles and Power of the President
• 2.12 The Bureaucracy
• 2.8 The Judicial Branch