Executive Authority Quotes
Dodd observed that FDR expanded the power of the Presidency to deal with the emergency of the Great Depression, and like most Americans hoped that these measures would succeed. The Supreme Court limited some of the power expansion to the Executive Branch, but was the start of the huge Presidential power expansion that would continue through the Cold War and the War on Terror by Presidents of both parties.
In the early 1900's there were major labor disputes between Colorado miners and the mine owners (the Colorado Mining Wars). Colorado Governor James H. Peabody ordered in a thousand troops under the command of Bell. Replying to the charge that his treatment of the miners was unconstitutional:
The Prime Minister was visiting the United States and was staying at the White House. President Roosevelt had a spontaneous thought and wheeled himself into Churchill's room. The Prime Minister was stark naked, having just emerged from the bath. Roosevelt apologized but Churchill was unfazed and known for his nudity in his private quarters. He even used what might have been an awkward moment into an opportunity to make a political point.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
The drafters of the Constitution were well aware of this view of Montesquieu’s which was one of the main bases of separation of powers and checks and balances in America.
In 1953 the Senator had proposed a Constitutional amendment that would severely curtail the treaty making powers of the President. President Eisenhower actively opposed Bricker and the right wing of his own party. The Senator was outraged. Despite Bricker’s complaining, the public and the Congress sided with the President.
