The Disturbing Paradox of Presidential Power

WE MAY HAVE SPENT TOO MUCH ENERGY POLICING THE MARGINAL POWERS OF THE PRESIDENCY RELATIVE TO THE ENERGY WE HAVE SPENT POLICING ITS DISCRETIONARY CORE.

shall be vested in a President of the United States of America.” Debates over executive authority generally take place at the margins of the president’s powers. Our collective understanding of the limits of executive power flows from an iterative process: Presidents test the boundaries of their authority and either successfully expand those boundaries in the process or get batted back by other branches of government. Other branches encroach on presidential authority and either get away with it—and