Prof says executive power will grow

Executive power has expanded significantly in the modern era, and little can be done to slow the trend, politics professor David Lewis said in a dinner discussion yesterday in Frist Campus Center.

The Constitution, Lewis said, does not specify the limits of presidential power, leaving much open to debate. "The actual powers of the president can be interpreted narrowly or interpreted broadly," he said, noting that while William Howard Taft, the only president to later serve as chief justice of the Supreme Court, advocated limited powers, Theodore Roosevelt believed the president could do anything not explicitly prohibited by the Constitution.

Lewis noted that since the New Deal, Roosevelt's view of presidential power has become dominant, leaving it up to the legislative and judicial branches to keep the president in check. Both of these branches, however, face obstacles that prevent them from restricting the president's actions, he added.

In Congress, representatives "get reelected by doing what's good for [their] district," Lewis said. "Tangible particular benefits are better than these vague ideas about foreign policy." Also, since half of Congress is from the president's party, it is hard to garner the two-thirds majority needed to override a presidential veto.

The judicial system is not ideally situated to prevent the president's actions either, Lewis added. Courts are "reactive," he said. "They have to wait for someone to bring them a case."

Judges are also often pro-executive, he said, citing recent Supreme Court appointees John Roberts and Samuel Alito '72 as examples. "The presidents are the ones who are putting people on the courts."

Ruth Metzel '10 asked whether the public could act as a check against executive power.

Lewis replied that the public is often the reason presidents exercise increased power. "The president is held accountable for the performance of the whole government," he said. "We see presidents seeking more power to meet these immense expectations."

"It's too big a temptation to expand their powers to accomplish what they are held accountable to accomplish," he added.

Lewis spoke briefly about the current administration, saying it has set a precedent for even greater expansion of presidential power. "The Bush administration has a very stark interpretation of the separation of power ... He has expanded the powers of the office in a way that will benefit future presidents."

When asked what Bush's legacy will be, Lewis answered, "Iraq."

"If in 15 years Iraq is democratic and stable, people will evaluate his presidency heroically," he said. "If it turns out badly, that is going to undoubtedly color his legacy."

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The discussion, titled "President Bush and the Changing Concept and Powers of the Presidency," was the last event in this year's Whig-Clio speakers program.