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THE GROWTH OF PRESIDENTIAL POWER AND HOW IT’S CHECKED

JARED HALUPNIK

BELL 6

FED GOV 1120

Mr. MICHAEL SUNDERHAUS

1 NOVEMBER 2020
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Throughout the history of the United States’ government, the main focus of the country

was to keep the power to the governed. However, a structured system of leaders is required to

keep the people in check and allow the country to run systematically. To keep leaders from

becoming too powerful, the founders constructed the Constitution in such a way to allow the

three branches to check each other. This prevents one branch of government from becoming

tyrannical and taking complete control of the other branches. Nonetheless, new policies and

interpretations have been introduced throughout the life of the United States government,

allowing the different branches to develop. The power of the executive branch has steadily and

slowly grown since the beginning of the branch, tilting the balance in their favor. It has long

been debated how much power should be granted to the executive branch and this power is still

being evolved. The relationship between the branches has changed as the power of the president

has increasingly developed through several policies and loopholes, but the other branches of the

government attempt to maintain the several checks and balances granted in the Constitution.

In the initial creation of the government, the founders had to decide how the executive

branch would run. Some wanted to break up the power into several presidents, preventing one

person from becoming too powerful. However, it was decided to only select one president, due to

the fact that there will be the issue of different opinions with multiple presidents. Having just one

president allows the single executive to focus on their agenda and get things done. If multiple

people were to be involved with the decision-making of the executive branch, it would be

difficult to get things done quickly and effectively.1 This power is granted to one person, but this

one executive is able to be checked by the other branches. Multiple presidents would make it

increasingly difficult to watch and monitor the actions of the executive branch. Respectively,

1 “Federalist Papers No. 70,” March 8, 2015. https://billofrightsinstitute.org/founding-documents/primary-source-

documents/the-federalist-papers/federalist-papers-no-70/.
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having only one president makes it significantly easier for the other two branches to narrowly

watch and suspect.2 While the executive is granted further power by being granted all the power

as the head of the branch, they are narrowly watched by other branches. This develops the

internal power that the president has in the executive branch, but the relationship with the other

branches still is held with a checks and balances system.

Furthering the development of the executive branch, the president is able to navigate their

power around the legislative process. The process for a bill takes a significant amount of time

and has to pass through both houses of Congress before reaching the executive. However, there

is a legal part of the Constitution that allows the president to skip this process through the use of

executive orders. The President has the full ability to write law without the consent of Congress,

which in turn changes the existing balance of power in the government.3 Not only does this

quicken the process of implementing regulations, but it also revokes the power granted to

Congress to pass or decline a bill. This further pushes more power towards the executive branch,

skewing the balance that was initially established. However, the Supreme Court and Congress

have the ability to overrule these orders, which returns some of the legislative processes to

Congress.4 While this is possible, it is not likely that the President will give up their ambitions

and the other branches will not be able to stop them.5

Another development that establishes further power in the executive branch also relates

to the legislative process, which is the ability to use the veto. The President has the power to veto

2 “Federalist Papers No. 70,” March 8, 2015. https://billofrightsinstitute.org/founding-documents/primary-source-

documents/the-federalist-papers/federalist-papers-no-70/.
3 “Unilateral Action and Presidential Power: A Theory.” Accessed October 30, 2020.
http://home.uchicago.edu/~whowell/papers/UnilateralAction.pdf.
4 “Executive Orders.” The Heritage Foundation, January 1, 1970. https://www.heritage.org/political-
process/heritage-explains/executive-orders.
5 “Unilateral Action and Presidential Power: A Theory.” Accessed October 30, 2020.
http://home.uchicago.edu/~whowell/papers/UnilateralAction.pdf.
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a bill, which sends it back to Congress. This bill then must be supported by two-thirds of the vote

to overrule the veto, which is virtually impossible. The executive can move unilaterally through

the use of the veto because it forces Congress to make legislation that agrees with the President’s

agenda. If Congress moves in a way that the President does not support, the President can veto

the bill, which gives the executive branch power over the legislative branch.6 This relationship

further tilts in the direction of the executive branch, leaving the legislative branch with less

power and checks over the President. Another type of veto, the pocket veto, forces the legislative

branch to create laws that support the executive agenda. The President has ten days to review

legislation passed by Congress, and a pocket veto is when the President does not sign the bill. If

Congress adjourns within the ten days, the bill does not become a law.7 This creates leverage for

the President over Congress and therefore growing the power of the executive branch.

A strong method used by the legislative branch to check the power of the executive is

through the use of appropriations. Congress can limit the funding of the executive, meaning that

the executive branch is dependent on the legislative branch. Through the limits set by Congress,

the President can only be successful if the legislative grants further funding. This allows

Congress to establish leverage over the executive branch and can control what gets done.8

However, referring back to the veto, the President must sign or reject the appropriations bill that

is created by Congress. This gives the executive influence over the bill, therefore removing a

portion of the leverage granted to the legislative branch.9

6 “Unilateral Action and Presidential Power: A Theory.” Accessed October 30, 2020.
http://home.uchicago.edu/~whowell/papers/UnilateralAction.pdf.
7 “Glossary Term: Pocket Veto.” U.S. Senate: Glossary Term | Pocket Veto, January 19, 2018.
https://www.senate.gov/reference/glossary_term/pocket_veto.htm.
8 “Unilateral Action and Presidential Power: A Theory.” Accessed October 30, 2020.
http://home.uchicago.edu/~whowell/papers/UnilateralAction.pdf.

9 “Appropriations 101.” Committee for a Responsible Federal Budget, July 8, 2020.

http://www.crfb.org/papers/appropriations-101.
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Over the course of the United States, the development of the executive branch has

changed the way the branches are run in conjunction with each other. The balance of power that

was established has slowly transitioned to the executive branch taking control. While the judicial

and legislative branches have the power to maintain a system of checks and balances, the

President has delegated powers by Congress that grants further leverage. Through the uses of

these loopholes and strategies that are granted to the executive branch, the President is able to

effectively and efficiently accomplish their agenda. Also, the executive branch is run by one

person, who is granted all of the presidential power, making executive decisions quicker without

disagreements. The executive branch has grown in such a way that the initial goals of the

founders have been abolished. The balance of power that was successfully established with the

Constitution has developed to the extent that the executive branch has further leverage over the

other branches.

WORKS CITED

“Federalist Papers No. 70,” March 8, 2015. https://billofrightsinstitute.org/founding-

documents/primary-source-documents/the-federalist-papers/federalist-papers-no-70/.
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“Unilateral Action and Presidential Power: A Theory.” Accessed October 30, 2020.
http://home.uchicago.edu/~whowell/papers/UnilateralAction.pdf.

“Executive Orders.” The Heritage Foundation, January 1, 1970.

https://www.heritage.org/political-process/heritage-explains/executive-orders.

“Glossary Term: Pocket Veto.” U.S. Senate: Glossary Term | Pocket Veto, January 19, 2018.
https://www.senate.gov/reference/glossary_term/pocket_veto.htm.

“Appropriations 101.” Committee for a Responsible Federal Budget, July 8, 2020.

http://www.crfb.org/papers/appropriations-101.