Section #1 - The Congressmen Who Built Then Broke The Union
Chapter 10: The enumerated powers of the President
With the Electoral College in place, the delegates turn to defining the “enumerated powers” assigned to the President.
The Convention readily supports two that are in the “Virginia Plan” – to “take care that the laws are faithfully executed” and to make a host of “appointments,” such as ambassadors and federal judges, with “consent” required by the Senate. It then layers on a range of additional powers: to approve or veto congressional bills unless overridden; to write government checks; to grant pardons; to make treaties and receive foreign dignitaries; to commission military officers.
But that leaves another potential power much on the mind of the delegates: namely, the role of the President in case of war, especially one involving a sudden invasion. At the time, this prospect is by no means far-fetched, with the hostile British in Canada and Spain still controlling Florida and all land west of the Mississippi. To address this threat, the creation of a “standing army” is discussed – before being rejected by those who remain fearful of a future military coup from within, aimed at establishing a monarchy. As Madison says:
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace.
Still the Revolutionary War veterans in the hall know that timely decisions about military strategy and tactics cannot rest on seeking consensus among Representatives from thirteen different states. Thus while the “power to declare war” will remain with the Congress, the decision is to charge the Executive with deciding how best to fight it.
The President shall be Commander-in-Chief of the Army and Navy of the United States and of the Militia of the several States when called into the actual service of the United States.
At this point the delegates recognize the enormous responsibilities and authority they are about to hand to the President. One statesman-like man with mastery over both governmental and military affairs. One with wisdom, who can be trusted “to preserve, protect and defend the Constitution.” Someone in their minds exactly like George Washington, the towering figure sitting at the front of the room in Philadelphia, a trusted leader and one with no male heirs to foreshadow a future monarchy. In the long arc of history to follow, America will occasionally encounter one who measures up to its first President.
The Enumerated Powers Of The President Circa 1787
| Article I | Power To |
|---|---|
| Section 7, clauses 2-3 | Approve or veto Bills and Resolutions passed by Congress |
| Section 9, Article II | Write checks (via Treasury) pursuant to Appropriations made by Congress |
| Section 1, last clause | Preserve, protect and defend the Constitution |
| Section 2, clause 2 | Serve as Commander-in-Chief when Congress calls the army to service Require Executive department offers to write up their assigned Duties Grant Reprieves and Pardons for offenses against the United States |
| Section 2, clause 3 | Advise the Congress periodically on the State of the Union |
| Section 3 | Recommend to Congress such measures as he deems wise Convene one or both chambers of Congress on Normally, I can help with things like this, but I don’t seem to have access to that content. You can try again or ask me for something else. |
The Federalists are satisfied that the figurehead president existing under the Articles of Confederation will be replaced by a strong Executive with the powers needed to lead the nation in peace and war. The Anti-Federalists – absent several spokesmen like Thomas Jefferson (serving as Minister to France), Patrick Henry and Sam Adams – are less certain about this outcome, but do take comfort from the “checks and balances” built into the system. Thus Congress retains the authority to write laws, lay taxes, declare war, override vetoes and even impeach a president if need be.