The Evolution of the
Presidency
Tidbits About the First President
Washington spent the vast majority of his life
outdoors, and reveled in horse riding and
swordsmanship.
Washington had little formal education, but longed
to be wealthy. His father died when he was eleven,
and he was raised by his aristocratic half-brother,
Lawrence Washington. Lawrence owned much
land, including Mt. Vernon. Lawrence died in 1752
making George the heir.
Before the revolution, Washington married Martha
Custis, a widow and heir to one of the largest
fortunes in America. This made Washington one of
the wealthiest. Washington was also granted
substantial land (about 500,000 acres) by the
Continental Congress after the Revolution.
Washington was 6’2” tall, Martha was about 5’ tall.
Washington never had children of his own, leading
some to believe he was sterile. Fears of a
hereditary monarchy assuaged by his inability to
produce a blood heir.
As president, Washington received a salary of
$25,000, or about a million dollars in todays
money. Of this, he spent an incredible 7 percent on
alcohol. He especially liked Madeira and Port wine.
While president he spent most of his time at Mt.
Vernon. He splurged on a variety of luxuries,
including leopard skin robes for his stable of
matched horses.
Washington did not have wooden teeth, but did
have dentures. His dentures were made of
hippopotamus bone, a very porous material,
resulting in his teeth being black. This is why one
seldom sees him smiling. He never chopped down
a cherry tree or threw a dollar across the
Rappahannock River.
Washington had a VERY hot temper, during the
Revolution “swearing himself blue in the face” and
“cane whipping” his soldiers. Jefferson reported
that Washington went into a rage at a cabinet
meeting: “The president was much inflamed. [He]
got into one of those passions when he cannot
control himself… [yelling] that BY GOD he had
rather be in his grave than in his present situation.”
George Washington died at age 67, in December
1799, about three years after the end of his
presidency.
He died of a cold, or pneumonia, or strep throat, or
??? It is unclear from contemporary accounts.
The men attempting to save him were, like most
18th Century physicians “quacks.” Over Martha’s
protests, the bled him four times, made him drink a
concoction of molasses, vinegar, and butter. They
also filled him with laxatives trying to purge his
foundering system. However, they only succeeded
in forcing the poor man to spend his last hours on
earth on a chamber pot.
Washington was initially buried in a very modest
hillside family mausoleum (a rotten wooden door
today) at Mt. Vernon. He was reinterred at a better
site at Mt. Vernon in 1837. Still, when compared
with the tombs of other great leaders,
Washington’s tomb is very modest.
Mechanisms for Changing the
Presidency
Expansion of the presidency, both the size and
power of the institution, has been enabled by
the vagueness and imprecision of the
Constitution with respect to presidential duties.
Some would argue that this lack of clarity was
precisely what the founding fathers intended
so that the presidency could evolve through
time.
There have been two mechanisms for
changing the presidency through time.
– informal actions on the part of presidents
– formally altering the office through
constitutional amendment, statute, or formal
presidential action such as issuing an
executive order.
We can also make a distinction between
change resulting from presidential action and
the actions of others.
Changing the Presidency by Informal
Presidential Action
Washington probably had more influence over
the shape of the presidency than any other
president. He quickly filled in the “silences” of
the Constitution by establishing precedents.
The Constitution made no provision for an
advisory body to the president. This was left
vague intentionally with the statement
“request the opinion in writing” of those in the
executive branch. Washington turned to his
Department Heads for advice to establish a
“cabinet” like government. He went beyond
the Constitutional charge to “request the
opinion in writing”. He persuaded Congress to
allow him to call for resignations of executive
branch officials.
Washington was not a highly educated man.
However, he understood his limitations, relying
heavily on his cabinet, and particularly on
Treasury Secretary Alexander Hamilton in
both domestic and foreign policy. He had a
long-standing relationship with Hamilton, who
had been is aide-de-camp during the
Revolution.
In this regard, the Constitution invests the
president with authority to “recommend to their
consideration [Congress] such measures as he
shall judge necessary and expedient”. However,
Washington expanded this authority by allowing
his Treasury Secretary Alexander Hamilton to
make such recommendations directly. Hamilton
issued three reports to Congress during
Washington’s first administration.
On January 9, 1790 Hamilton issued the First
Report on Public Credit, proposing that the federal
government assume all debts incurred as a result
of the American Revolution. It was adopted.
On December 13, 1790 Hamilton issued the
Second Report on Public Credit and proposed the
establishment of a national banking system to
support business activities. It was adopted.
On December 5, 1791 Hamilton issued the Report
on Manufactures, recommending policies to
protect through tariffs and subsidies wealthy
individuals who would expand American
commerce. It was partially adopted after initial
opposition. (Financial panic, scandal, and Indian
Washington established the principle of
supremacy of the national government
and presidency in matters of public order.
Hamilton’s Second Report called for an
excise tax on distilled spirits to provide
funding for the debt and bank plans. This
sparked rebellion. Washington called up
the militias to quell the Whiskey rebellion,
and enlisted the state of Pennsylvania to
inform him of the activities of pirates.
Washington issued the first proclamation,
the observance of Thanksgiving.
Washington established the symbolic
superiority of the presidency and national
government to state governments
receiving state officials but never visiting
state capitols.
Washington also began the practice of
not seeking the advice of the Senate on
appointments and Treaties, but obtaining
the Senate’s consent.
Washington established the informal power of
“executive privilege,” or withholding requested
information from Congress, the courts, or the
public.
Washington established the superiority of the
presidency in matters of foreign affairs. When
France and England began fighting after the
French Revolution started in 1789, he chose to
“declare neutrality”, in spite of France’s
support during the Revolution. This greatly
displeased Southern states and the
Democratic-Republicans who favored France.
A constitutional power to “declare neutrality”?
He negotiated the first executive agreements
(not treaties) with Spain allowing American
ships to navigate the Mississippi river.
He persuaded Congress to build up the navy
to combat pirates raiding American shipping.
He established the precedent of two
presidential terms, though he hadn’t
necessarily intended to. He did not run for a
third term because of health concerns. Died
three years after leaving office.
Washington did not recognize a need for
political parties and warned against
partisanship in his farewell address. However,
he behaved in what some would consider
quite partisan way in the Jay Treaty
controversy. See the first chapter of Wood’s
2009 book, The Myth of Presidential
Representation for an extensive discussion.
Washington went to Alexander Hamilton for
advice on the Jay Treaty, leading Jefferson
and Madison, who had offered opposing
advice to begin forming the first opposition
party, the Democratic-Republicans in 1795.
Corwin estimates that 1 of every 3 presidents has
been responsible for expansion of executive
authority through time. Still some presidencies
have been more expansive than others. Among
the more important changes through time are the
following.
Jefferson used his prerogative power to negotiate
and make the Louisiana Purchase. While Jefferson
was a strict constructionist, there is no
Constitutional power for the president to make
such purchases.
Presidential Veto. Andrew Jackson expanded the
rationale for using the presidential veto. Using the
veto he effectively killed the Second National Bank
which he thought was corrupt.
Executive Orders-Administrative orders from the
president that have the force of law so long as they
are consistent with the Constitution and law.
Executive Agreements- International agreements
that have the same effect as a treaty so long as
the agreement is consistent with the Constitution,
law, and pre-existing treaties. Case Act limits.
Signing Statements - A signing statement is a
written pronouncement issued by the President
of the United States upon the signing of a bill
into law. James Monroe issued the first. Until the
1980s, signing statements were generally
triumphal, rhetorical, or political proclamations
and went mostly unannounced. Until Ronald
Reagan became President, only 75 signing
statements had ever been issued; Reagan and
his successors George H. W. Bush and Bill
Clinton produced 247 signing statements among
the three of them. As of January 30, 2008,
George W. Bush had signed 161 signing
statements challenging over 1,100 provisions of
federal law. See
http://www.coherentbabble.com/listGWBall.htm
On March 9, 2009, President Barack Obama
ordered his executive officials to consult Attorney
General Eric Holder before relying on one of
George W. Bush's signing statements to bypass
a statute. Obama had issued 29 signing
statements as of as of May, 2014. See
http://www.coherentbabble.com/listBHOall.htm
Through the State of the Union address
presidents now present a coherent legislative
agenda for Congress to consider. This started
arguably with Theodore Roosevelt (The Square
Deal) , though some would date it to Woodrow
Wilson (The New Freedom).
The State of the Union was delivered personally
to Congress during the Washington and Adams
administrations. Jefferson discontinued the
practice in 1801, considering it too monarchical.
From 1801 through 1913 these were delivered
as written messages. Woodrow Wilson renewed
the practice of delivery in person in 1913. Read
the addresses here
http://www.presidency.ucsb.edu/sou.php
Moe argues that there is a natural tendency of
presidents to seek greater authority and more
control over administration. The rational choice
argument is that it is a matter of presidential self
interest to want to control the instruments of
power.
Changing the Presidency by Formal Means
Constitutional Amendments-Seven amendments
pertain in whole or in part to the presidency.
http://avalon.law.yale.edu/18th_century/amend1.asp
– 12th Amendment (1804) changed the mode of
electing the president to take account of
political parties.
– 14th Amendment (1868) restricted former
Confederates from serving as president or
presidential electors. The due process clause is
also a constraint on presidential action.
– 20th Amendment (1933) changed the period of
service of the president from March 4 to
January 20th and provided for presidential
succession.
– 22nd Amendment (1951) provided for term
limits.
– 23rd Amendment (1961) provided
representation for the District of Columbia in
presidential elections.
– 24th Amendment (1962) provided voting rights
in presidential elections free of taxation.
– 25th Amendment (1967) elaborated on
presidential succession and defined
presidential disability.
Changing the Presidency by Statute: Expanding
Presidential Power, some examples.
– Budget and Accounting Act of 1921
– Reorganization Act of 1939
– Administrative Procedure Act of 1946
– Employment Act of 1946
– National Security Act of 1947
Changing the Presidency by Statute: Restricting
Presidential Power , some examples.
– The Pendleton Act of 1883 providing for a merit
system. This restricted the president’s ability to
remove officials.
– Case Act of 1972 required the president to
report international agreements to Congress.
– The War Powers Resolution of 1973 was
passed over President Nixon’s veto and limited
the president’s ability to commit American
troops to foreign soil.
– Congressional Budget and Impoundment Act of
1974 limited presidential budget power.
– Habeas Corpus Restoration Act of 2007granted habeas corpus rights to Guantanamo
detainees.
Changing the Presidency by Executive
Order
– Various executive orders have been used
to create federal agencies, such as the
Environmental Protection Agency (Nixon).
– EO 12291 providing for cost-benefit
analysis of new rules promulgated by
federal agencies.
– See
http://www.presidency.ucsb.edu/executive_
orders.php
Changing the Presidency by Court
Decision
– Ex Parte Milligan (1866) - President Lincoln and
trials under martial law when there were
functioning civil courts deemed illegal.
– Humphrey’s Executor vs. U.S. (1935) Restricted president’s removal power
– Youngstown Sheet and Tube Co. vs. Sawyer
(1952) -Nullified Truman’s seizure of the steel
mills
– U.S. vs. Nixon (1974) -Restricted executive
privilege
– Hamdan vs. Rumsfeld (2006) -Denied
Congress and president power to strip civil
courts of jurisdiction over cases involving
detainees at Guantanamo.
Presidential Power Has Increased Through
Time. Why?
Wars
Larger Society and Economy Meant Larger
Government and Stronger Presidency
Growth of Corporate Power in the Nineteenth
Century Increased Presidential Leadership
Changing Public Expectations for Government
and the Presidency after the New Deal
Interest Group Politics Meant Greater
Demands on the Presidency
Changing Judicial Doctrines Implied
Presidential Policymaking
Congressional Demands on the Presidency
Bureaucratic Inertia Implied Growth the
Presidency
Presidential Thrust for Centralization
Pre and Post Modern Presidencies
It can be argued that the modern presidency
began in the 20th century with the Franklin D.
Roosevelt administration.
However, the date of the transition to
expanded presidential power is a matter for
debate. A good case can be made that it
began with Theodore Roosevelt or with
Woodrow Wilson.
Four factors distinguish the modern
presidency from all past presidencies.
– A greater presidential role in policy making
– A stronger presidential relationship with the
mass public
– A greater presence in the realm of
international politics
– Expanded presidential staff
Only the last of these came with the Franklin
D. Roosevelt administration.
Teddy Roosevelt was the first president since
Washington to attempt cultivating a direct role with
the mass public. However, growth of the mass
media has made this more important. F. D.
Roosevelt and radio. J.F. Kennedy and television.
World politics-Teddy Roosevelt sent the navy on a
“world tour”, and Woodrow Wilson was an active
and some would say the primary force in
negotiating the Treaty of Versailles that ended
World War I. However, the U.S. became dominant
world player after World War II.
Arguably,Wilson was the first president to send
Congress a comprehensive legislative agenda. By
1953 the tradition had become so entrenched that
Eisenhower was soundly criticized for not
submitting one.
Expansion of presidential staffing did not occur
until the Franklin D. Roosevelt administration and
the recommendation of the Brownlow Commission
for creating the Executive Office of the President.
Staffing the Executive
George Washington established a cabinet of four
men to provide advice on the core affairs of
government. He chose Thomas Jefferson as
Secretary of State. Jefferson was a natural choice,
since he had been ambassador to Paris at the time
of the convention. There were three other Cabinet
members, all of whom were strong Federalists.
Alexander Hamilton was Secretary of Treasury,
Henry Knox was Secretary of War, Edmund
Randolph was Attorney General.
Washington’s vice president was John Adams,
also a strong Federalist.
In 1791 when Washington prepared to leave the
capitol city, he instructed the Vice President, Chief
Justice, Secretaries of State, Treasury, and War to
consult on governmental matters during his
absence. These were the primary advisors to the
president and their offices were quite small.
The principal officers in each of the executive
departments" are mentioned in Article II, Section 2,
Clause 1 of the Constitution. However, there is no
specific authorization for a cabinet in the
Constitution.
The presidency has evolved through time
from a tiny office with no support staff to a
very large bureaucracy.
From Stillman an account from a foreign
visitor at the War Department-" The
government officials were as simple in
their manners as ever. I had occasion to
call upon McHenry, the Secretary of War.
It was about 11 o'clock in the morning
when I called. There was no sentinel at
the door, all the rooms, the walls of which
were covered with maps, were open, and
in the midst of solitude I found two clerks
each sitting at his own table, engaged in
writing. At last I met a servant, or rather
the servant, for there was but one in the
house, and asked for the Secretary. He
replied that his master was absent for the
moment, having gone to the barber's to
be shaved. Mr. McHenry's name figured
in the State Budget for $2,000, a salary
quite sufficient in a country where the
secretary of War goes in the morning to
his neighbor, the barber, at the corner, to
get shaved. I was as much surprised to
find all the business of the War Office
transacted by two clerks, as I was to hear
the the Secretary had gone to the
barber's."
For the first 70 years Congress did not even
provide the president with secretarial support.
Wrote their own speeches and answered their
own correspondence. Most employed aides
and paid them out of their own pockets.
Frequently they were related to the president.
Were usually young and undistinguished.
In 1857 Congress enacted a special
appropriation for a personal secretary to the
president, but the position was of little
importance at the time.
In the 20th Century, beginning with Theodore
Roosevelt the role of secretary increased in
importance. Dealt with the press and planned
the presidents schedule. Also, the size of the
White House staff began to increase.
Benjamin Harrison (1889-1893) housed his
entire staff on the second floor of the White
House; separate offices were constructed
during McKinley’s administration (1897-1901;
the West Wing of the White House was
completed in 1909 to house the staff. Of
course, this was at the end of the Theodore
Roosevelt administration.
Herbert Hoover doubled the number of
administrative aides from 2 to 4 and was
also helped by more than 40 others,
including clerks, typists, messengers, etc.
Roosevelt expanded it still further.
In 1939, Franklin Roosevelt appointed
the Brownlow Commission to advise the
president on how to efficiently and
effectively deal with a bureaucracy that
had grown quite large through time.
Following the Brownlow Commission’s
recommendation, the president created
the Executive Office of the President by
executive order to assist in running the
government.
Note that the Brownlow Commission
consisted of three members. Louis
Brownlow, Charles Merriam, and Luther
Gulick. All were prominent political
scientists of the time. Go to the hot links
to explore their areas of expertise.
Some of the most important committee
recommendations were creating presidential aides
to deal with the administrative tasks assigned to
the President. It also suggested that the President
should have direct control over the administrative
departments. In its third suggestion, the committee
said that the managerial agencies - The Civil
Service Administration, the Bureau of the Budget,
and the National Resources Board - should be part
of the Executive Office. Read a summary of the
report here.
Only two of the committee’s recommendations
were adopted by Congress through the
Reorganization Act of 1939. However, the Act
gave President Roosevelt executive authority to
make changes so that most of the various
agencies and government corporations were
organized within various cabinet level
departments, greatly improving accountability
among the various agencies.
By executive order, the president acted to create
the Executive Office of the President and also
created an advisory group of six executive level
assistants.
The current White House staff consists of
around 460 people, with another 100-150
detailed to it for specific assignments. See
who these people were in 2014 by clicking
here.
The Executive Office of the President now
consists of around 4,000 people, the number
varying across different administrations and as
new offices come and go.
Click here for the current organization of EOP.
With about 2.7 million civilian employees, the
Federal Government, excluding the Postal
Service, is the Nation's largest employer.
Interestingly, the size was larger (about 3
million) during the Reagan-Bush I era, but
declined during Clinton and later (about 2.7
million). See here for a time series from 1962.
About 85 percent of Federal employees work
Salary Scales for Federal Civilian Employees
A more complete picture of the
characteristics of federal employees is here.
Paul Light reported (click here) that the true size
of the federal government was about 12.1 million
people in 2002, including everyone who draws a
salary paid for by the federal government. This
includes the postal service (875,000), the military
(1,456,000), contractors (5,168,000), and
grantees (2,860,000). However, his figure does
not include state and local employment mandated
by federal law. Of course, that was 14 years ago,
so what is it now?
Here is a Congressional Research Service Report
from 2011 that informs on change since 2002 and
current characteristics.
http://assets.opencrs.com/rpts/RL34685_2011041
9.pdf
At this link you can see the current organization
of the entire federal government of which the
presidency is a part.
http://www.firstgov.gov/Agencies/Federal/Executi
ve.shtml
History of Department Level Change
1789- Department of State, Department
of Treasury, Department of War, Post
Office, Attorney General
1798- Department of Navy
1849-Department of Interior
1862-Department of Agriculture
1903-Department of Commerce and
Labor
1913-Department of Commerce,
Department of Labor
1947-Department of Defense
1953-Department of Health, Education,
and Welfare
1965-Housing and Urban Development
1966-Transportation
1977-Energy
1980-Health and Human Services
1980-Education
1988-Veteran’s Affairs
2002-Department of Homeland Security
Each presidency has seen expansion in the
EOP as a function of both presidential and
congressional interests.
The Bureau of the Budget was created in 1921
to help the president with the budgeting
function. It is now called the Office of
Management and Budget. This very important
office helps the president with budgeting,
efficiency management, legislative clearance,
rulemaking oversight, and a variety of other
functions.
The Council of Economic Advisors was
created in 1946 to assist the president with
implementation of the Employment Act of
1946.
The National Security Council was created in
1947 to advise the president on matters of
national security.
The Office of Personnel Management
was created in 1980 to help the president
with staffing the large federal
bureaucracy.
Various presidents have also expanded
EOP as a result of more personal
interests. For example, George H.W.
Bush established the Office of National
Drug Control Policy in response to
campaign promises to control the drug
trade. George W. Bush created the Office
of Faith Based Initiatives in response to
promises made to the Christian right.
Discussion
Pre-modern presidencies are often thought of
as clerks. Woodrow Wilson’s book entitled
Congressional Government.
Post modern presidencies are characterized
by increased expectations for presidential
leadership and increased presidential capacity
to lead. Presidents are held accountable for
their leadership and policies.
There are at least two views of the president’s
ability to satisfy the increased expectations.
Neustadt argues that there is an “expectations
gap” between what people expect of a
president and the presidents ability to deliver.
The president’s ability to lead is grounded in
skill, reputation, and prestige which determine
the president’s power to persuade. The
president is highly constrained
In contrast, Moe sees the presidency as
possessing significant resources for
leadership. Structural advantages relative
to Congress. Information and expertise
advantages. Unilateral initiative and
actions. Politicization of the bureaucracy
through appointments. Centralized
decision making processes such as
regulatory review.
Context may be important to presidential
power.
The stage of the electoral cycle. Power and
the ability to accomplish things is greater at
the beginning of the president’s term.
Congressional elections impede presidential
power as members of Congress become more
responsive to constituents. First term/second
term effects. Lame ducks.
Steve Skowronick suggests that there is a
concept that crosses multiple administrations
called “political time”. Political time relates to
the alignment of forces facing the presidency
and his relation to those forces.
– Reconstruction presidencies- Here the ruling order is
vulnerable and the president opposes that ruling
order. (Jefferson, Jackson, Lincoln, FD Roosevelt.
– Articulation presidencies- Here the ruling order is
resilient and the president is affiliated with the ruling
order.(Monroe, Polk, Lyndon Johnson, George H.W.
Bush.)
– Disjunctive presidencies- Here the ruling order is
vulnerable and the president is affiliated with the
ruling order.(John Adams, John Quincy Adams,
Pierce, Hoover, Carter)
– Preemption presidencies- Here the ruling order is
resilient and the president is an opponent of that
ruling order. (Tyler, Andrew Johnson, Woodrow
Wilson, Richard Nixon, William J. Clinton)