Power and the Presidency, From Kennedy to Obama
For the past 50 years, the commander in chief has steadily expanded presidential power, particularly in foreign policy
- By Robert Dallek
- Smithsonian magazine, January 2011, Subscribe
(Page 5 of 6)
While most Americans were ready to applaud Nixon’s initiatives with China and Russia as a means of defusing cold war tensions, they would become critical of his machinations in ending the Vietnam War. During his 1968 presidential campaign, he had secretly advised South Vietnamese President Nguyen Van Thieu to resist peace overtures until after the U.S. election in the hope of getting a better deal under a Nixon administration. Nixon’s action did not become public until 1980, when Anna Chennault, a principal figure in the behind-the-scenes maneuvers, revealed them, but Johnson learned of Nixon’s machinations during the 1968 campaign; he contended that Nixon’s delay of peace talks violated the Logan Act, which forbids private citizens from interfering in official negotiations. Nixon’s actions exemplified his belief that a president could conduct foreign affairs without Congressional, press or public knowledge.
Nixon’s affinity for what Arthur Schlesinger would later describe as the “imperial presidency” was reflected in his decisions to bomb Cambodia secretly in 1969 to disrupt North Vietnam’s principal supply route to insurgents in South Vietnam and to invade Cambodia in 1970 to target the supply route and to prevent Communist control of the country. Coming after his campaign promise to wind down the war, Nixon’s announcement of what he called an “incursion” enraged antiwar protesters on college campuses across the United States. In the ensuing unrest, four students at Kent State University in Ohio and two at Jackson State University in Mississippi were fatally shot by National Guard troops and police, respectively.
Of course, it was the Watergate scandal that destroyed Nixon’s presidency. The revelations that he had deceived the public and Congress as the scandal unfolded also undermined presidential power. The continuing belief that Truman had trapped the United States in an unwinnable land war in Asia by crossing the 38th Parallel in Korea, the distress at Johnson’s judgment in leading the country into Vietnam, and the perception that Nixon had prolonged the war there for another four years—a war that would cost the lives of more than 58,000 U.S. troops, more than in any foreign war save for World War II—provoked national cynicism about presidential leadership.
The Supreme Court, in ruling in 1974 that Nixon had to release White House tape recordings that revealed his actions on Watergate, reined in presidential powers and reasserted the influence of the judiciary. And in response to Nixon’s conduct of the war in Southeast Asia, Congress, in 1973, passed the War Powers Resolution over his veto in an attempt to rebalance its constitutional power to declare war. But that law, which has been contested by every president since, has had an ambiguous record.
Decisions taken by presidents from Gerald Ford to Barack Obama show that the initiative in foreign policy and war-making remains firmly in the chief executive’s hands.
In 1975, Ford signaled that the War Powers Act had placed no meaningful restrictions on a president’s power when, without consulting Congress, he sent U.S. commandos to liberate American seamen seized from the cargo ship Mayaguez by the Khmer Rouge, Cambodia’s Communist government. When the operation cost 41 military lives to rescue 39 sailors, he suffered in the court of public opinion. And yet the result of Ford’s action did not keep Jimmy Carter, his successor, from sending a secret military mission into Iran in 1980 to free American hostages held at the U.S. Embassy in Tehran. Carter could justify the secrecy as essential to the mission, but after sandstorms and a helicopter crash aborted it, confidence in independent executive action waned. Ronald Reagan informed Congress of his decisions to commit U.S. troops to actions in Lebanon and Grenada, then suffered from the Iran-Contra scandal, in which members of his administration plotted to raise funds for anti-Communists in Nicaragua—a form of aid that Congress had explicitly outlawed.
George H.W. Bush won a Congressional resolution supporting his decision to oust Iraqi forces from Kuwait in 1991. At the same time, he unilaterally chose not to expand the conflict into Iraq, but even that assertion of power was seen as a bow to Congressional and public opposition to a wider war. And while Bill Clinton chose to consult with Congressional leaders on operations to enforce a U.N. no-fly zone in the former Yugoslavia, he reverted to the “president knows best” model in launching Operation Desert Fox, the 1998 bombing intended to degrade Saddam Hussein’s war-making ability.
After the terrorist attacks of September 2001, George W. Bush won Congressional resolutions backing the conflicts in Afghanistan and Iraq, but both were substantial military actions that under any traditional reading of the Constitution required declarations of war. The unresolved problems attached to these conflicts have once again raised concerns about the wisdom of fighting wars without more definitive support. At the end of Bush’s term, his approval ratings, like Truman’s, fell into the twenties.
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Comments (13)
Hi Robert Dallek Thanks for your diamond short on the 'Power of the President of US'. It is useful for students and upcoming lawyers as in an International. Kaakarla R Murthy Advocate India.
Posted by Kaakarla R Murthy on December 30,2012 | 01:41 PM
Excluding commander in chief, which of the presidents role do you think has the most influnce?why?
Posted by bobby on November 19,2011 | 04:15 AM
Republic v. Empire Robert Dallek’s scholarly and evenhanded essay on the “Power and the Presidency” made me harken back to a period when I attended an unnatural number of government and history courses that included texts dealing with the growing power of the presidency, the federal government and the United States in such a way that, unlike Dallek, almost unfailingly power-sprayed the narrative with a triumphant celebratory gloss. Maybe today we are arriving at a time when increasing numbers of Americans are increasingly suspicious that this never-ending growth in the power of a republic is inexorably leading to empire and to an empire’s end.
Posted by Thomas Michael Andres on November 8,2011 | 11:53 PM
Wow, some rather vitriolic commentary in the comments. I don't believe Smithsonian was attempting to endorse any president, or make any political statement pro or con. As to the comments about LBJ. Please, the man was no saint, but he also did some incredible good. The war on hunger and expanding medicare just to name 2! Then there's the opening comment conspiracy theory. I'll just leave that one be, though it's a shame this very good article has to be clouded by such ignorance and short term memory.
Posted by Leslie C on September 27,2011 | 05:58 PM
This country crashed off coarse and derailed when the government murder of JFK was accomplished without the culprits being held accountable.Conspiracy at the highest levels is a fact, the ONLY explanation for the pristine bullet was that it was a plant.It pointed the guilty finger at Oswold and failed every other test.The Warren Commission was put in place as a shame to put a rubber stamp on the story. From that point on the entire attitude of the government is we can do whatever we want whenever we want to do it as long as we can manipulate the public in going along with it.The charade that we have A Democratic Republic based on the rule and fear of punishment of law has been dispensed with. That's why Nixon got by with Watergate, sending Kissinger to parlay with the Viet Cong, Ford pardoning Nixon,Reagen selling weapons for hostages,Clinton pardoning contributor criminals,Chaney lying about the Iraqi Aluminum tubes ,going so far as selling torture. Abramoff was selling slavery and government extortion of gambling licenses and got a slap on the wrist.So from the Coup De'etat on things have gotten nothing but worse.Imagine the House Committee on Assassinations saying there was probably an organized bunch of assassinations but we lack the courage or dedication to do anything about it.Everyone in this country knows it in their gut and is powerless to do anything about it.
Posted by Lee Stevens on September 9,2011 | 06:09 PM
The Photograph on p. 38, will forever be emblazened in my mind as the most disgusting and despicable photograph the Smithsonian every printed. Granted, it happened, as those of us who lived through that demonic period of American History can attest, however, did we really have to see it again. Many people claim the unlimited power of the presidency shuld be reined in, simply because of the history that one photograph gives truth to. LBJ, despicable, Vietnam disgusting and despicable; and the 60000 plus young American lives that were destroyed because of LBJ and his willingness to satisfy his campaign donor's by continuing to wage that War will go down as the most disgusting thing any president of this nation in history did. 60,000 plus human beings lost their lives and over 200,000 others lost their ability to live a normal life. Just because of LBJ and his demonic need to keep and retain power and satisfy his campaign donors. Makes me proud to be an American. NOT
Posted by Jean Bennett on June 2,2011 | 02:48 PM
A good piece of work.
If space had permitted, reference to Grenada and Panama would have been interesting. And to my taste, a weak moment in the Johnson era was not so much the Dominican Republic episode as the Johnson Administration's handling of that bald Israeli attack on the Liberty.
Nor was the Pueblo a triunph as the months dragged on.
India was part of the LBJ personal foreign policy for sure. That dropping of a loaded atomic weapon off Spain is worth a mention. And the catastrophe of Czechoslovakia, where there were high hopes that were dashed with that Soviet crackdown....
The author knows all this; but mentioning all this helps the Johnson reputation and also hurts it.
Posted by vaughn davis bornet on February 24,2011 | 06:56 PM
The Robert Dallek article entitled, "Power and the Presidency," concerns the assumed war making power of the American presidents. It is indeed informative about the actual uses of the assumed war making power, but does not address the issue if it is constitutional. The power is deemed to be derived from the Commander in Chief clause and is perceived to be a tool in the conduct of foreign affairs. In my book, REPUBLIC LOST, (available on www.Amazon.com) this assumed war making power is discussed and debunked. The Founding Fathers did not give the President war making powers; indeed, they winched at the giving of such power to the President. The notes of James Madison on the debates of the Constitutional Convention clearly show the power to declare war was to be in the legislative branch --the President was not to be trusted to make war. Madison and Elbridge Gerry are the ones who proposed the use of the word "declare" rather than the word "make" war. This would allow the President to repel a sudden attack --remember Pearl Harbor. Madison summarized the sense of the delegates observing: "In time of actual war, great discretionary powers are constantly given to the Executive Magistrate. Constant apprehension of war has the tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence ag[ainst] foreign danger have been always the instruments of tyranny at home." Constitutional limitation, --not the fickle lady, politics-- is what safeguards American liberty.
Posted by Jack A. Wilson on February 17,2011 | 02:11 PM
Have to say that our good president Obama has done our contry quite well considering the organized political innuendo railed up against him just because some of his relatives were born in Kenya. Obama is a good Christian man that is stearing this country in a good direction. He deserves good credit for his good work. He has done more work in less than one year than most presidents. Kennedy was good but the only good thing on him was he was honest and good in dealing with circumstances. More people are soon considering Obama for another term as president since he has done so well. That is good news for America!
Posted by American Revolution on January 6,2011 | 03:56 PM
Surely the CIA had a larger role in this story than Dallek has acknowledged.
Posted by James Juhnke on December 29,2010 | 03:58 PM
I also would like to see a map of the attendees at President Kennedy's inauguration in 1961, if one is available. After looking over the magazine article last night, I wondered just how many of the people attending are still alive today.
Posted by ANDREW LISENBY on December 29,2010 | 03:28 AM
Is there somewhere one can go on the Internet to find a list of names of the people in Frank Scherschel's photograph of JFK's inaugural assembly?
Posted by K DIse on December 27,2010 | 12:47 PM
JFK, a great man, a legend never to be forgotten.
Everyone believes to be murdered to the state.
If Obama can even come close he will prove to be one of Americas finest.
Beermatman
http://www.beermatsadvertising.com
Posted by Beermatman on December 24,2010 | 03:15 PM