Reflections on The Executive Branch

While in the current status quo, the Executive Branch seems to have the most power, the Founding Fathers of America never intended for it to be that way. The Founding Fathers created the executive, legislative, and judicial branches to check each other and prevent dictatorship, but modern presidencies have not adhered to this principle. Admittedly, the Founding Fathers were broad on purpose to leave flexibility for crisis, but in more recent times, we are seeing the abuse of executive power and the hesitancy of the legislative and judicial branches to check the executive branch. So, without each branch abiding by the precedents set by the Constitution, America is left with unconstitutional and unchecked expansion, usually from the executive branch.

During Donald Trump's first term as President, lasting from 2017 to 2021, Trump expanded executive power, passing laws unilaterally, abusing the National Emergency Act to reallocate funds, and pardoning 237 times. Trump's first term is an example of how, while executive expansion can be driven by war and emergencies, it can also be driven by the President not being checked. Trump's term relied on the unitary executive theory to justify his proactive approach to creating immigration executive orders, abusing his explicit powers to issue 220 executive orders, and even appointed 3 Supreme Court Justices many of his actions without congressional approval. Additionally, in Trump's second term, we have seen the executive branch undermine Congress by ordering military boat attacks that violated international and domestic laws, capturing President Maduro under the pretense of cracking down on drugs, and even seeking to end birthright citizenship. While the President is commander in chief and is responsible for enforcing laws passed by congress, it does mean that it is acceptable for the President to act without Congress.

However, there are still many ways to check executive overreach. Americans have seen during both Trump's first and second term there has been a lot of public pushback and media scrutiny that has motivated Congress, which, according to the Founding Fathers, should be the strongest branch, to act. And with public pressure, Congress even impeached Trump twice for abuse of power and obstruction of Congress, and later for incitement of insurrection. These examples of checks and balances show that it is both possible and necessary for the executive branch's power to be regulated.

Overall, the expansion of the executive power under dire circumstances is both constitutional and necessary when it can be checked, but when executive power is used in the interest of only the President and is unchecked, it becomes unconstitutional. As referenced above, the expansion of executive power, such as after WWII with President FDR expanding executive power for economic controls or during the post-9/11 period with President George W. Bush expanding his power for surveillance of citizens, shows how the Founding Fathers wanted executive power to be broad, to be flexible, but not broad enough to be abused. Modern presidency shows the tensions between the powers of each branch, and while strong executive power can be progressive, without checks and balances, there is a risk of undermining the constitutional balance that the Founding Fathers intended.