One of the ironies of American
politics is that while the US presidency is arguably the most powerful elected
position in the world, the office is also surprisingly weak. As Donald Trump prepares to take office he may
be surprised that for all that he says he wants to do, he may be less power to
accomplish them than he and his supporters hoped, or his detractors
feared. The truth is that there are
many constraints on US presidential power, dictated by the Constitution and the
reality of American politics, international relations, and the precedents set
by his predecessors.
Richard Neustadt’s 1960 Presidential Power arguably endures as
the single best book every written on the American presidency. It opens with a quote from Harry Truman in
1952, offering advice to the incoming president and former general Dwight
Eisenhower: “He’ll sit here, and he’ll say, ‘Do this! Do that!’ And nothing
will happen. Poor Ike—it won’t be a bit like the Army. He’ll find it very
frustrating.” Neustadt’s use of the
Truman quote was to underscore a reality of the American president who cannot
simply order people about like kings or business CEOs. Instead the power of the presidency is the
power to persuade.
Article II of the US Constitution
defines the formal constitutional powers of the president that have not changed
since George Washington. But as Neustadt
and James David Barber in his President
Character contend, it the personality or character of the person who is
president, along with a host of other factors that define the ability of
presidents to persuade Congress, the media, foreign countries, and the American
people to follow them. These factors
include rhetorical and media skills, margins of political victory, knowledge
and experience of government, public support, the strength of political
opposition, and perhaps the overall likeablity of the persons. Presidential power is to the power to
persuade, but that persuasive power is a form of bargaining power. Some presidents such as Franklin Roosevelt,
Lyndon Johnson, and Ronald Reagan were powerful because of these factors.
From the New Deal until perhaps
recently there was a fear of what Arthur Schlesinger, Jr., termed the “imperial
presidency.” Born of the New Deal
regulatory state and the reality of the Cold War and Vietnam, presidents were
viewed as dangerously powerful and prone to abuse their authority, as did
Richard Nixon. But we are a long way
from days of the imperial presidency and as Stephen Skowronek points out in Presidential Leadership in Political Time:
Reprise and Reappraisal, context too demarcates the limits of presidential
power. Today, as a result of Supreme
Court decisions–many of which clipped Obama’s power when it came to executive
orders and Bill Clinton when it came to issues about legal accountability for
personal behavior–Trump inherits a far weaker office than it was a generation
ago.
Soon if not already Trump is about
to confront this reality. He and his
supporters and his detractors seem to have forgotten that there is this thing
called the Constitution and the Bill of Rights which defines the power of the
presidency. Both contain concepts such
as separation of powers, checks and balances, federalism, and the basic rights
and liberties which presidents cannot violate.
There are some things President Trump cannot do alone with executive
orders or even with legislation. He cannot order states and cities around, he
cannot order citizens to do things that are illegal. And even though Congress is of the same party
as he is and he will get to appoint federal judges and a new Supreme Court
justice, the logic of the political system that the American constitutional
framers designed is one that is resistant to sudden and dramatic change. Congress and the Supreme Court will have
their own institutional identities and interests that will make them resistant
to being ordered around by President Trump.
Moreover, while the attraction of
many to Trump was him being an outsider, yet unskilled in Washington politics
will make it hard to govern. President
Jimmy Carter was an outsider whose presidency was compromised by his lack of
Washington skills even though he was a governor. Trump does not even have that and many of his
senior appointees lack that too. They will soon find themselves out maneuvered
by the federal bureaucracy, the senior executive service, and all the others
who really run the government and know how to make it work.
So long as Trump continues to fight
the reality of American politics he will get nowhere. Conversely, as the confirmation hearings are
starting to show, in areas such as foreign affairs and intelligence gathering
there is a powerful establishment and bureaucracy that will crush Trump if he
does not learn how to work with them.
Presidents really have little freedom to change the course of American
foreign affairs, with the best predictor of what a new president will do is to
look at the previous one. Besides the
constraints of domestic politics, international contexts such as real politics
and the support or opposition of allies and enemies dictate narrow courses of
action for any president.
All of the above suggests that Trump
is about ready to be inaugurated and confront reality. He will have to operate in a context that
would limit any president. But now also
consider that he is a minority president who did not win the popular vote and
had one of the narrowest electoral college victories in history. He was never popular as a candidate with
nearly 60% disapproving of him, and recent polls suggest an approval rating of
37%. Presidents normally are sworn in
with lots of good will, Trump will not have that. He enters a weakened office
as a weakened president, lacking the traits that Neustadt, Barber, and
Skowronek describe as key to presidential success. It is not an imperial presidency located in
Trump Tower that Trump inherits, but a weak office that can do far less to
produce jobs, force Mexico to build a wall and pay for it, and abrogate unilaterally
trade agreements without facing political and legal problems.
He’ll sit here, and he’ll say, ‘Do
this! Do that!’ And nothing will happen. Poor Donald—it won’t be a bit like The Apprentice. He’ll find it very
frustrating.”
Outstanding view of reality, David. Too bad that Trump is not connected to reality. We all will suffer because of his blind spot!
ReplyDeleteDavid, It seems to me that there are analogies between this analysis and Minnesota's experience and history's judgement on the administration of Jesse Ventura: that Jesse ended up with relatively high marks because he could only ride the wave of history.
ReplyDeleteIs there anything here?
Kindly, Hervey