Constitutional Theory Vs Presidential Theory

The constitutional theory and the modern theory are two prominent frameworks of presidency seen in American history. The constitutional theory is a framework of presidency that the president confines his powers to ones strictly given in the constitution. The modern theory of presidency is a framework that the president explores the options and gains of power; use of more external factors and less restraint of the constitution. Throughout American history, from first president, George Washington to later presidents, these frameworks covered most of the actual practices implemented by American presidents. The two frameworks, however, at times differ greatly from each other, in terms of practice and focus. Despite their contrasting differences
in actual practice, both showcased its ability to empower presidents in office and explains for the expansion of presidential powers. Constitutional presidencies exploited the most vital powers given in the constitution, including executive rights and expanded their powers off that core, while modern presidencies took advantage of the external factors available such as, the media and conflicts to harness their constitutional powers to its fullest potential; both do provide that limitations of presidential are still vastly in place. The constitutional framework of presidency is best used to explain the expansion of presidential power as early presidents exploited their position as an executive and not a congressional puppet. The constitution proclaimed the president as an executive with certain rights (Kernell et al. 2014, p. 306), ever since the beginning, presidents used those rights to their advantage. George Washington initiated the expansion of presidential power as he uses his executive advantage in conducting foreign relations (Patterson 1976, p. 41). George Washington became the significant anchor to the rise of presidential power, he used his executive right to refuse the request for paper document regarding the Jay Treaty (Patterson 1976, p. 41). Thomas Jefferson continued to expand the growth of presidential power within the constitutional framework by capitalizing on the Washington’s precedent. Jefferson argued the executive privilege to withhold a letter from court despite the demand by then Chief Justice of the Supreme Court, John Marshall (Patterson 1976, p. 42). Washington and Jefferson’s early action significantly increased the president’s power by providing anchor support for future president’s ability to refuse, instead of doing so as congress and the other branches of power demands. Hence, the constitutional theory showed potential expansion of presidential power through the intelligent use of constitutionally granted rights. The constitutional framework elucidates that the expansion of presidential power of early presidents is credited to their strict use of the constitution as it declared the president to be the commander in chief of the army (Kernell et al. 2014, p. 310). Commander in chief of the U.S. army is the most significant power source of early presidents and the constitution theory presidencies made full use of that. Thomas Jefferson deployed the navy against pirates as commander in chief, through mobilizing military forces without any connection to war declaration, he strictly followed his constitution given powers (Patterson 1976, p. 42). President Monroe deployed Andrew Jackson to battle Seminoles in 1817 to showcase his authority as commander in chief (Patterson 1976, p. 45). President James Polk station troop in disputed territory, which end in hostility with Mexico; Polk, however, never personally declared war with Mexico, all he did was hurry Congress to recognize war (Patterson 1976, p. 45). These were action of presidents that strictly followed the restraints of a commander in chief, but they managed to expand their power in influential and forceful terms to impact Congress decisions. The president’s power, however, limited can, in turn, unlimitedly manipulate Congress into complying with president intents. In other words, the constitutional theory explains that early president’s aggressive use of existing power became forceful over congress and expanded presidential power. The modern theory provided a framework that’d explain more of the power expansion as modern presidencies took advantages of occurring events to further harness the potential of power as commander in chief. Aftermath of the September 11th terrorist attacks, President George W. Bush quickly exploited this conflict and invaded Afghanistan in search of Osama bin laden (Kernell et al. 2014, p. 311). Instead provoking conflicts through his own actions, President Bush made quick use of the occurred events to exercise his presidential powers justly. Congress then had no choice but to bear all the consequential criticism after being forced to declare state of war (Kernell et al. 2014, p. 311). The modern theory explains that in recent occurrence that recent president increased presidential power by shifting the public criticism to Congress. The modern presidency theory explains that presidential power expanded due to the contemporary use of many types of media, befitting to increase influential range over the entire country.
The passage of time marked the importance of media, the remedy that enabled presidents to directly promote and present themselves to America (Kernell et al. 2014, p. 331). Theodore Roosevelt was the pioneer of the using the press and mass media, he leaked information, made proclamation to headline newspapers (Patterson 1976, p. 50). The modern theory explains the presidential power rose because Roosevelt use the press to pressure Congress and used the reporters to increase his popularity. Fast-forward into mid-late 20th century and media became more influential with the new technological invention of the television. Media then became more important for presidents to gain power, where they came relied on their popularity to gain support of the nation that overshadows Congress. Minor presidential addresses exponentially increased as Reagan, Carter and Nixon quadrupled the amount of minor addresses that Truman, Roosevelt and Hoover, not to mention triple of that in the past two decades (Kernell et al. 2014, p. 333). Modern presidency provided that presidential power rose significantly as presidents capitalized on the media advancement in past century to gain more public influence over
Congress. The significant rise of presidential power in the past century has yet to maximize president’s power to act above Congress, the constitutional presidency theory provides Congress still checks limitation on presidential power.
The constitutional theory provides that conservatively presidents aren’t full accustomed or adept to use their constitutional power to veto and not using the arguably most formidable remedy against Congress may prove costly (Kernell et al. 2014, p. 325). The consequence is of not maximizing the power to veto is allowing Congress to be less considerate of the president while making decisions (Kernell et al. 2014, p. 326). As it shows that number of average vetoes per year has fluctuated in the past century but on definite decline in past three decades (Kernell et al. 2014, p. 326). The general negative linear correlation in the number of vetoes help explain that the inadequate use of constitutional power, is a limiter the Congress has on the
president. The modern presidency provides that the limitation on president resides in their current over reliance on the public popularity. The reliance of public popularity is currently biggest limitation on modern presidency given a decline in public interest, the State of the Union address viewership percentage has been reduced from 60 percent to less than 25 percent in the past few decades (Kernell et al. 2014, p. 334). The over reliance also exposes the limitation that if a unpopular president makes issues public appeals, people won’t care and president won’t be able to mobilize public support (Kernell et al. 2014, p. 336). The modern theory explains limits simply because the presidency framework exposes the modern president’s immense reliance on public popularity. Overall, both the constitutional presidency theory and modern presidency theory reason for significant expansion of presidential power and influence. The constitutional presidency theory provided the intelligent use of powers strictly granted by the constitution, such as executive privileges and commander in chief of the U.S. armed forces, still effectively increased presidential power. The modern presidency theory proved that presidential power expanded as president exploited the conflict to assert their position as commander in chief and made formidable use of the media. Both also asserted the limitation that still remain, the inadequate use of the power to veto and the over reliance on public popularity.