Who’s in charge donald trump v congresswhen it comes t
1. Who’s in charge?
Donald Trump v Congress
When it comes to domestic policy, the president is less powerful
than he seems
I
Jan 17th 2019
Print edition | United States
n 1989 william barr, then a White House lawyer, wrote a memor
andum warning the president to be mindful of
attempts by Congress to encroach on his authority. Thirty years
on Mr Barr, who will shortly become America’s attorney-
general, has had to defend himself in his Senate con�rmation he
arings against the charge, which stems partly from the
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3. n stalemate. In Latin America, Linz observed, the deadlock
was often broken by the army taking power. “The only president
ial democracy with a long history of constitutional
continuity is the United States,” he concluded in 1990.
Since then, America’s government has su�ered three prolonged
shutdowns, and is therefore looking a bit less exceptional
than it once did. When the two political parties were a jumbled
collection of interest groups, con�ict was easier to manage.
Ronald Reagan could usually �nd enough like-
minded Democrats to work with. Since then each party has beco
me more
ideologically uniform, with little overlap between them. The cur
rent president cannot �nd a single member of the House
Democratic caucus who thinks that giving him $5.7bn for his wa
ll so the shutdown can end is a reasonable deal.
The dominant view of the presidency has long been that in the c
on�ict with the legislature there is only one winner. Arthur
Schlesinger argued in “The Imperial Presidency” that America h
ad already passed the point of no return in the 1970s: the
accretion of presidential power could not be undone, nor the o�
ce returned to something resembling what the founders
intended. Bruce Ackerman, writing in 2010, echoed this in “The
Decline and Fall of the American Republic”. Neomi Rao,
whom President Donald Trump has nominated to be a judge on t
4. he dc circuit, published a paper in 2015 on “administrative
collusion”, by which she meant the spineless tendency of lawma
kers to give away powers to the executive. Yet the shutdown
is a reminder of how powerful Congress remains.
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/go-between
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In some ways the presidency is less powerful domestically than
it was 50 years ago. The White House has built up its own
legal sta�, suborning the Justice Department and pushing the li
5. mits of presidential authority wherever possible. Judged by
spending, though, the executive branch is actually less imperial
than under Eisenhower or Kennedy. The part of the budget
that the executive actually spends (non-
defence discretionary spending), accounts for a lower share of g
dp now than in the
1960s. Congressional deadlock, which has been a feature of gov
ernment since the mid-1990s, empowers the president in
one way, inviting him to attempt rule by decree. It has also wea
kened the whole system that the president sits on top of.
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Jan 17th 2019
Print edition | United States
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The concern that an overmighty potus is a threat to the republic
is a staple of American politics. It is often accompanied by
a side-
order of hypocrisy. Thomas Je�erson insinuated that the �rst a
nd second presidents harboured monarchical
ambitions and then, when he held the o�ce himself, concluded a
deal doubling the territory of the republic without �rst
6. asking Congress. Conservatives have tended to put up most resis
tance to presidential overreach, but �nd their party is now
led by a president who has closed down a quarter of the federal
government rather than bow to Congress, and wants to make
extensive use of eminent domain to build his wall.
Progressives cheered the expansion of presidential power in the
20th century up to the Vietnam war and Watergate. Since
then they have worried more about circumscribing the powers of
the White House. Before he published “The Imperial
Presidency”, Schlesinger held a conventionally progressive vie
w of the presidency, which during his lifetime had
vanquished the Depression, the Nazis and Jim Crow. When Nixo
n left the White House, Democrats in Congress then set
about codifying what presidents can and cannot do, to prevent f
uture abuses. The �rst bill introduced by the new
Democratic majority in the House is designed to accomplish a si
milar cleanup for the post-Trump era.
That would be a sensible prophylactic. But it is also worth reme
mbering that after Democrats lost their majority in the
House in 2010, Barack Obama spent the remaining six years of
his presidency issuing executive orders, most of which were
then undone by his successor. Brendan Nyhan, a political scienti
st at the University of Michigan developed what he called
7. the Green Lantern theory of the presidency, named after a dc Co
mics character. Mr Nyhan described this as, “the belief that
the president can achieve any political or policy objective if onl
y he tries hard enough or uses the right tactic.” Progressives
who lamented the limitations of Mr Obama’s domestic power fo
rgot all about this when Mr Trump took o�ce, and assumed
he could govern by force of will. He cannot, and so the shutdow
n goes on.
This article appeared in the United States section of the print ed
ition under the headline "Lovin’ it"
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