Executive Powers Quotes
The drafters of the Constitution were well aware of this view of Montesquieu’s which was one of the main bases of separation of powers and checks and balances in America.
This concept of Presidential powers greatly expanded the traditional power of the Presidency. To one degree or another this became the view of every president who followed until George W. Bush who went one large step further. He maintained that the President could do that which was specifically prohibited by law if the purpose was to perform a Constitutional duty.
President George W. Bush had ordered NSA agents to bug the phones and email of American citizens who might have been talking with an overseas party or e-mailing them out of the country. The administration thought that American citizens might be part of terrorist sleeper cells or unwittingly were aiding terrorists. The law prohibited such activity—where American citizens were involved—without getting a court order. However, the President claimed that he had the inherent power as commander in chief of exempting the court requirement. Others maintained that even the President is not above the law. What was the big puzzle was that there was a secret court Congress had established just for such cases, but the administration instead decided to bypass the court.
Lippmann was the most influential pundit of the time. Roosevelt had just been elected but had not yet assumed office. The country was in the midst of the Great Depression and many communities had 80% unemployment. Banks had failed, people were starving, and many people thought that democracy was just not suited to deal with such severe problems. Roosevelt, however rejected the advice and always worked through the Congress and in so doing saved democracy in America.
Vidal, a staunch liberal held this view along with many ultra conservatives end extreme liberals. The constitution requires the Congress to declare war, but they have not done so for any of the wars since WWII. The President assumed the war power. And the only coherent budgets began.
