The American Political System – POLI 102 Spring 2019 Critical Analysis Essay Assignment #2 150pts
Due 5/23 (different than syllabus) . Maximum 5 single space pages. Submit via email if you will not be in class
because you are not taking the final exam.
The purpose of this assignment is to explain and critically reflect upon the debate about what William Howell calls
“unilateral” presidential power and how this affects the checks and balances which are the foundation of our
political system.
Read:
1) William Howell excerpt from Power Without Persuasion 2003
2) Richard Neustadt excerpt from Presidential Power and the Modern Presidents 1960, 1990 (revised)
3) The account of how presidential unilateral power arises from the president’s administrative responsibilities (in AG
Chapter 7, the section called “The Administrative State” – you can skip the “analyzing the evidence” pages as well as the
subsection called “signing statements”)
4) Overview of recent happenings described in the CRS report – (the pdf is included on blackboard homepage)
5) summary of “unilateral” actions by current president (focus on DELEGATED POWER used on Affordable Care Act
and environmental policy)
https://www.bbc.com/news/world-us-canada-38695593
6) battle with congress over national emergency powers (INHERENT POWER)
https://www.nytimes.com/2019/03/14/us/politics/senate-vote-trump-national-emergency.html
https://www.nytimes.com/2019/02/14/opinion/trump-national-emergency.html
https://thehill.com/homenews/senate/433773-mcconnell-opens-door-to-changing-presidents-emergencypowers
Write an essay in which you:
a) Explain what Howell means by “unilateral” power, including the Constitutional sources and historical background of
such power, and contrast his account to Neustadt’s idea that presidential power is limited to the “power to persuade.”
Make sure you carefully explain WHY Howell thinks Congress is partially responsible for the fact that this kind of power
has become more common.
AND
b) looking at the current presidency, describe at least one policy on which the president has used DELEGATED POWER
and also describe the battle over the emergency declaration which is an example of INHERENT POWER, and how these
relate to Howell and Neustadt’s claims
AND
c) Given recent events, explain whether you would describe the current president as “powerful” or not. Which version of
“powerful” (Howell’s and/or Neustadt’s) are you using? Do you think the presidency has become TOO powerful?
Option for those who missed turning in Critical Essay #1 (adds up to 125 points to this essay grade):
Extend this essay by writing a summary and critical analysis of 3 different suggestions for recalibrating the balance
between Congress and the President:
Where do we go from here? Options that have been considered:
1) More Congressional power- regulatory review and legislative veto
https://www.brookings.edu/research/losing-hold-of-the-reins/
https://www.justsecurity.org/63201/congress-rein-presidents-national-emergency-power-rehabilitating-legislativeveto/
2) make presidential power less accidental
Howell and Moe
http://bostonreview.net/politics/william-howell-terry-m-moe-why-president-needs-more-power
3) Less Presidential power –limited by courts
Non delegation
https://slate.com/news-and-politics/2018/03/supreme-court-may-revive-non-delegation-doctrine-in-gundy-v-unitedstates.html
https://fedsoc.org/commentary/publications/party-like-it-s-1935-gundy-v-united-states-and-the-future-of-the-nondelegation-doctrine
https://www.aei.org/publication/the-judiciary-can-restore-the-power-of-congress/