State University of New York Press Through the Constitution's Eyes: A Historical Analysis of the President's Article II Powers and Duties (SUNY series in American Constitutionalism)

Today we confront a potential constitutional crisis, with the presidency dominating the other branches of government. A basic question is how has the presidency become so powerful and does the Constitution present any limits on presidential power? While the Constitution's words have not changed since they were written in 1787, today's presidents, based on the Unitary Executive Theory, find a vast degree of power in clauses that originally provided limits on presidential authority. In Through the Constitution's Eyes Richard W. Waterman examines the historical transition of each of the president's powers and duties to demonstrate how each has been transformed across American history. Making reference to a range of writings from the Constitutional Convention to the present day, much of it unseen by scholars for more than a century, Waterman uncovers insights relevant to our own turbulent times and provides us with a new way of thinking about presidential power. Specifically he presents chapters on the oath of office, the executive vesting, take care, commander-in-chief, appointment, and treaty and receive ambassadors clauses. In each case presidential power has expanded far beyond the Framers' intent, creating the potential for the very tyranny the Framers sought to prevent.