Has Presidential Power Expanded Over Time?

Presidential Power Has presidential power expanded over time? Yes, yes it has. Over the years, the president's powers have been expanded a lot, even though the powers are outlined in article II of the constitution. In recent years with each new presidency, there seems to be an expansion of power, but even from the beginning with George Washington the president's powers were expanded. He set the precedent of the president being able to expand his powers when he refused Congresses request for documents pertaining to the Jay Treaty. This set in place the doctrine of executive privilege thus expanding the power of the presidency. Abraham Lincoln also expanded the powers of the presidency, mainly during the civil war. Lincoln had to act on the
civil war while Congress was not in session. Lincoln was supposed to seek approval from Congress before acting, yet he did not. Instead Lincoln used the idea that he was supposed to “preserve, protect and defend the constitution”, an oath that each president takes when entering office. He issued executive orders to call up state militia and also expanded the size of the normal military. On top of this he but a blockade on confederate ports, suspended the writ of habeas corpus, and authorized the borrowing and spending of money in order to pay for defending the union. This was by far more power that any president had used up to that point. On top of this he received an endorsement from congress for his use of executive war powers. This then justified the legality of his actions during the civil war, which again, expanded the power of the presidency. Franklin D.
Roosevelt is another example of a president who expanded presidential power, especially during wartime. During World War 2 Roosevelt decided that is was necessary, for the safety of the United States, to send many Japanese-Americans to internment camps in case they were spies from Japan. This was something that no other president had done and was heavily criticized by many. The internment camps were later deemed constitutional by the Supreme Court, which stated that it was necessary to protect the U.S. This greatly increased the presidential power because it showed that the president had extreme power during war and in time of
crisis.
The president's power has expanded in ways other than just war related power. Many presidents have used executive agreements as a work around to treaties. In Article II, section 2, it is clearly outlined that in order for a president to enact a treaty it must be approved by two thirds of the U.S senate. However the supreme court ruled in United States v. Pink that international executive agreements are constitutional. This granted the president the power to make agreements with other countries without the consent of the senate. Then in the Case Act of 1942 there was a requirement that the president inform the Senate within 60 days of any executive agreement being made. However, there was no restrictions place on the president's power to make these agreements. On top of all of this the president is tasked with the vague power to enforce the law.
There is, however, choice in that. The Controlled Substances Act of 1970 outlawed the use of Cannabis, even for medical use. The drug was put into the same category as heroin. However marijuana is deemed legal in many states, even though it has been deemed illegal by federal government which should be the supreme law of the land. Even though recent presidents have know that this law was in place they have not acted to try to restrict states from legalizing the drug. This is because presidential power has expanded in such a way that they can essentially choose which laws to enforce. This mainly because of the vagueness of Article II, section 3, which states that the president should “take care that the laws be faithfully executed. Each president has the ability to determine the meaning of that, which in turn grants them more
power. Has presidential power expanded too far? No. This country is ever growing both in population and in ideas. As this country grows the powers of the president must grow with it. When the framers first constructed the constitution the country, the population of the U.S was less than a one hundredth of what it is today. The executive branch, unlike the other two branches, is centered around one person. In order for that person to maintain enough control over an ever growing country, there power must expand as it does. Even though presidents have made some questionable choices in the past (I.e internment camps) the overall focus is for the betterment of the country. Roosevelt wanted to eliminate the possibility of U.S. secrets escaping to the enemy in one of the largest wars to ever exist. In order to maintain the union, Lincoln had to go beyond his powers to win the Civil War. So no, Presidential power has not expanded too far. If the safety of the county is in mind, expand away.