Bush has attempted, with the hearty assistance of Cheney, to expand presidential power in a variety of ways. The question posed in this article is whether the effort will lead to a backlash in the next administration. Will we ultimately see a weaker office as a consequence if his actions?
The current dispute is simply the latest manifestation of a ongoing conflict between the political branches.
The struggle for supremacy dates to the nation’s birth. George Washington fought with Congress over its right to investigate a botched military expedition. Abraham Lincoln suspended habeas corpus and freed the slaves, with Congress ratifying his actions only afterward. Franklin D. Roosevelt quarreled so much with Congress and the courts over enacting the New Deal that he tried to pack the Supreme Court with more justices. Congress tried to restrain Dwight D. Eisenhower’s ability to negotiate diplomatic agreements with a constitutional amendment that barely failed. Ronald Reagan tripped up during the Iran-contra scandal by defying a Congressional ban on aid to Nicaraguan rebels. And Bill Clinton was impeached by the House (but acquitted in the Senate) for lying under oath about sexual trysts in the Oval Office.
The modern nadir in presidential power came during the administration of Richard M. Nixon, whose extra-constitutional adventures resulted in his resignation and a burst of Congressional activism intended to constrain the executive’s ability to wage war, conduct intelligence operations and spend money. A young Dick Cheney, chief of staff for the weak, unelected president who followed Nixon, Gerald R. Ford, resolved when he returned to the White House a quarter-century later to do all he could to restore that lost power.
The “unitary executive” theory he embraced held that because the Constitution provides for only one executive branch, Congress cannot intrude upon the president’s duties to manage the government. “Congress has by nicks and cuts over the last 30 years done a lot to limit presidential authority,” said Shannen W. Coffin, Mr. Cheney’s counsel until last year. “The president and vice president did put their foot down to Congress. A lot of the things the president stood up to have been happening since the Nixon White House.”
With the acquiescence of a Republican Congress and a public eager to fight terrorism, Mr. Bush and Mr. Cheney advanced their cause for years — the secret deliberations of an energy task force; the Patriot Act; “signing statements” that express reservations about enforcing a bill; warrantless surveillance; unrestricted detention of terrorism suspects; the reinterpretation of the Geneva Conventions.
But as Mr. Bush’s sky-high approval ratings collapsed, so did his capacity to preserve that newfound power. Lawmakers and judges began forcing him to seek legislative approval for military commissions and eavesdropping, proscribing interrogation techniques and trimming back some investigative powers.
