The Increasing Power of the Presidency Transcends Trump

Jack Goldsmith, who served as an assistant attorney general during George W. Bush's presidency, has co-authored a book alongside Bob Bauer that delves into presidential and executive authority.

The disruptive nature of Donald Trump’s second term unveiled the full extent of the inherent power within the presidency. His administration accomplished this primarily by dismantling legal and normative checks within the executive branch, disregarding judicial processes, leveraging governmental power punitively against adversaries, and engaging in incendiary and venomous discourse.

A Broader Historical Context

It's crucial to acknowledge that Trump's attempts to enhance presidential powers are in many ways extensions of previous administrations' overreach. A review of presidential actions over recent decades reveals a pattern of increasing power consolidation, setting a concerning trajectory long before Trump’s presidency resumed.

Reform of the presidential office is necessary, and Americans need to explore feasible avenues—despite the challenging political climate—towards this goal.

Historical Precedence

The push for expanded presidential powers dates back to George Washington, who faced allegations of monarchistic tendencies due to his interpretation of the Constitution’s vague “executive Power.” From that point, the presidency's scope incrementally grew, experiencing major expansions during eras like the Civil War and the New Deal. Such growth continued into the 20th century, facilitated by advances in mass media, significant power delegations by Congress, and Supreme Court endorsements.

Trump’s Playbook

Trump’s unconventional approach to his second term presidency largely follows a playbook authored by his predecessors. His employment of emergency powers to institute extensive tariffs mirrors a tactic used in 1971, and his assertions of absolute national security authority reflect arguments presented by the George W. Bush administration post-9/11, in which I had a role.

The growing authority of the presidency, crossing both Republican and Democratic lines, suggests an urgent need for systemic reform to curb further expansions of power.