The Myth of the Modern Presidency
Uploaded by jamie83 on Oct 26, 2011
This paper summarizes the book by David Nichols, in which he examines the office of President of the United States.
David Nichols takes as his basic tenet the idea that it is time to examine the notion that the power of the modern Presidency is so vast that it has outgrown the limits imposed on it by the Constitution. (P. 2). The result of this growth is the myth of the modern Presidency. But there are problems: “Like most myths, the myth of the modern Presidency is not without foundation … [B]ut like most myths it is ultimately unsatisfying because it distorts reality … [and] it has been accepted largely on faith.” (P. 2). Nichols’ book approaches the modern Presidency from a more scholarly viewpoint.
He begins with this observation:
“The myth of the modern Presidency prevents us from seeing the theory of the constitutional Presidency. It severs the connection between effective presidential leadership and the idea of a constitutional government. The purpose of this book is to restore an appreciation of that connection.” (P. 10).
Nichols begins by examining the Presidencies that he considers “modern”—and his list includes not only Franklin Delano Roosevelt (FDR) (the President some scholars consider the first truly “modern” President in the terms which are defined in the book), but also Lincoln and Washington. (P. 13).
Perhaps the most important observation Nichols makes is that the beginnings of the “modern” Presidency can actually be found in the Constitution. He says that both Progressives and “restraintists”—a term for those who seek to restrain the power of the Presidency, labor under a false premise: “They share the belief that the constitutional Presidency is a weak Presidency.” (P. 34). The belief is untrue, says Nichols: “… the authors of the Constitution intentionally established a strong Constitutional Presidency.” (P. 34). But there is something that comes into play here that cannot easily be predicted, and that is public opinion. Such opinion cannot be legislated or controlled, and as such it acts as both a check on Presidential authority, and a source of that same authority. When a President is popular, he can often expand his powers and enact legislation that he could not hope to pass if his popularity lessened.
Nichols carefully examines Article II of the Constitution, which specifically describes...