The President and the Law
The U.S. president’s relationship with American law has become distorted since the nation’s Founding. The U.S. Constitution’s supremacy places a limited, but important, role on the executive. This executive power acts as a double-edged sword. Favorably, the U.S. Constitution narrowly restricts the role of the executive branch; while unfavorably, it broadly grants executive power, without explicitly defining the jurisdiction of these presidential powers. Throughout the twentieth century, the role of the executive branch changed immensely as presidents assembled expansive support in their administrative staff. This distribution of authority has led to consequences previously unintended by our Founding Fathers.
Constitutional Obligations
The Framers intentionally placed Constitutional obligations in the executive branch, thereby reigning in man’s natural propensity to abuse unrestrained centralized authority. The Constitutional obligations placed upon the president are enumerated in Article II of the U.S. Constitution, whereby the executive branch is bound to a system of checks and balances; sharing power while simultaneously retaining the authority to act independently.
Article II, Section 1.
America is a Republic—not a monarchy. America is a Republic built on natural law and inherent morality. The Constitution’s Article II, Section 1.8 notes that the president must take an “oath or affirmation”—either to God or upon his own character—declaring his adherence and allegiance to the best interests of the Republic and its constituency.
Article II, Section 2.
The executive duties are enumerated under Section 2, whereby decreeing that the President shall be Commander in Chief; and grant reprieves and pardons, apart from impeachment. Additionally, the President may make treaties, and appoint judges, officers, and ambassadors to government.
Article II, Section 3.
The President’s communication is depicted in Section 3 of Article 2, whereby proclaiming a State of the Union to “convene both Houses.” And any tyrannical President, Vice President, or civil Officers of the United States’s removal from office by impeachment.
Legal Adherence of Modern Presidents
Modern presidents have abused our Constitutional Republic, exploiting their presidential immunity and U.S. law. As the executive branch expands; new agencies, acts, and programs have gained footing using “pork barrel politics,” quid pro quo with Congress; unlike the Framer’s original intent, (Pfiffner, J., Ch. 6–1).
Twentieth Century
Woodrow Wilson traveled without informing the Senate, “to Europe to negotiate [a] treaty himself;” creating the League of Nations, (Pfiffner, J., Ch. 6–3). Warren Harding’s Administration fell subject to a distortion of powers “in the early 1920s, corruption reached the cabinet” in the Tea Pot Dome Scandal when Secretary of the Interior Albert Fall secretly leased U.S. oil reserves for profit, (Pfiffner, J., Ch 7–1).
Franklin Delano Roosevelt’s Administration set modern precedent for executive presidential powers. Under “[t]he New Deal and World War II, [Roosevelt] expanded the size of the national government and the role of the government in the economy . . . [that ultimately] led presidents to want to pull together the threads of control in the White House,” (Pfiffner, J., Ch 6–1). FDR unfavorably recognized the U.S.S.R. in 1933; and he dissented against Congress, “threatened to ignore a law (concerning price controls) passed by Congress if it were not revised to meet his objections,” (Pfiffner, J., Ch. 6–1a).
Harry Truman’s Administration formed “a new institutional apparatus . . . to coordinate national security policy,” (Pfiffner, J. Ch. 6–3). Thus, the National Security Act of 1947 (amended in 1949) centralized intelligence under the CIA; military services under the Department of Defense (DOD); and regarding foreign policy, established the National Security Council (NSC) as his explicit presidential advisory. These actions portrayed a significant departure from the previous 150 years of reliance on “secretaries of state and war” for policy advisory to the president, (Pfiffner, J., Ch. 6–2). President Truman dissented against the objections of his Secretary of State George Marshall, “to recognize the newly declared state of Israel in 1948,” (Pfiffner, J., Ch. 6–2).
While Truman’s CIA had an intended purpose, its scope quickly transformed during his incumbency; he “soon realized that under the Cold War structure, the agency would become more,” (TrumanLibrary). And Truman failed “to consult Congress” or “ask for its approval to engage in war in Korea;” setting “important constitutional precedent,” (Pfiffner, J., Ch. 6–2).
Dwight D. Eisenhower set precedent for a powerful executive, institutionalizing the National Security Council; thereby establishing “a highly regularized process of policy development,” (Pfiffner, J., Ch. 6–3). Notably, “[t]here was never any doubt that final decisions belonged to the president,” (Pfiffner, J., Ch. 6–3).
John F. Kennedy’s administration centralized its advisory power near the president; “[a]fter the Bay of Pigs invasion . . . he wanted people at the table whom he personally knew,” (Pfiffner, J., 4–1a). President Lydon Johnson’s administration independently escalated “military actions” against Vietnam (Pfiffner, J., 6–1c). President Richard Nixon “distrusted the State Department” among other administrative adversaries; leading to “a number of secret executive agreements” and “significant policy implications” the first two years in office. (Pfiffner, J., Ch. 6–2). Jimmy Carter’s administration in 1978, “terminate[d] the Mutual Defense Treaty of 1954 with the Republic of China (Taiwan)” while he simultaneously, “decided to establish full diplomatic relations with the People’s Republic of China,” (Pfiffner, J., Ch. 6–2). President Ronald Reagan’s administration “decided that it was going to develop parts of its ‘Strategic Defense Initiative’” for “a space-based antimissile system,” (Pfiffner, J., Ch. 6–2). In 1990, Saddam Hussein invaded Kuwait; George Bush, Sr.’s administration “deployed about 200,000 troops in defensive positions along the Saudi-Kuwait border” without Congressional approval.
Twenty First Century
George W. Bush’s Administration expanded the executive branch “[a]fter 9/11, [whereby] President Bush made extraordinary claims to presidential authority,” creating the Department of Homeland Security, (Pfiffner, J., Ch. 6). Barack Obama’s Administration “significantly enlarged the National Security Council,” (Pfiffner, J., Ch. 6–3). Obama initiated a drone strike on Ghaddafi, delegating the murder to Hilary Clinton. The Department of Justice (DOJ) noted that, “[t]he President had the constitutional authority to direct the use of military force in Libya” because he reasonably determined that “such use of force” was a “national interest,” (DOJ).
Joe Biden’s Administration ravaged humanity, demolished small businesses, and imposed mass democide through the delegation of the injection of experimental substances during the SARS-CoV-2 coronavirus pandemic. Additionally, Biden deserted American citizens in Afghanistan, leaving behind billions of dollars in military weapons and technology. Lastly, he siphoned billions of American tax dollars to fund a proxy war with Russia. Not enough space exists to expound on the tyrannical overreach of the despotic Biden administration.
Personal Assessment
The prospects for presidential adherence to law include nominating the correct candidate for constituent representation. Presidents must be held accountable to the U.S. Constitution and remember their impartial requirements of righteous delegation whilst in office. A president’s use of powers directing away from the original intentions of the U.S. Constitution, needn’t be replicated. should consider God’s decree for government to preserve our inherent rights; as “Jesus replied, “[m]y light will shine for you just a little longer. Walk in the light while you can, so the darkness will not overtake you. Those who walk in the darkness cannot see where they are going,” (John 12:35; NLT). Despite the temporal nature of culture, the principal advisor for presidents should be Christ, as Jesus reminds us “[l]et not your hearts be troubled. Believe in God; believe also in me,” John 14:1; ESV). Beyond corruption, many expansions in government may have been benevolently created improve the lives of individuals. But without mindful guidance from Presidents, these administrative institutions become a wasteful burden on the taxpayers.
Bibliography
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DOJ. (Accessed on Sunday February 2nd, 2025). Authority To Use Military Force In Libya. https://www.justice.gov/sites/default/files/olc/opinions/2011/04/31/authority-military-use-in-libya.pdf
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