Professional Documents
Culture Documents
1
—
Jackson
repudiated
the
subordinate
doctrine,
and
instead
held
his
office
to
be
the
equal
of
the
Congress
and
Court.
The
Pres
is
charged
with
interpreting
the
Const
as
much
as
any
other
branch,
up
to
and
including
an
interpretation
of
his
own
tasks
and
powers.
—
Three
“dimensions”
of
the
Pres
under
Jackson’s
model:
1)
president
the
dominant
party
leader
2)
president
represents
the
people
as
a
whole,
or
even
embodies
the
people
3)
all
of
his
powers
are
autonomous
(not
dependent
upon
or
subject
to
any
other
branch
—
the
“Jacksonian”
model
has
been
followed
more
or
less
to
the
present
(FDR)
day,
making
the
office
an
increasingly
more
powerful
one
(p.
30).
C.
The
Roosevelts
—
exemplify
the
degree
to
which
the
role
Pres
may
be
expanded
to
the
point
that
he
is
considered
a
legislative
leader.
—
Teddy;
personally
suited
to
an
energetic
“Jacksonian”
role,
but
for
perhaps
the
same
reasons,
did
not
quite
attain
to
the
power
of
his
successor
and
cousin…
—
Franklin,
at
the
time
of
writing,
and
perhaps
of
all
time,
the
one
man
who
exercised
more
power
in
the
office
than
any
other.
Five
lessons
of
Roosevelt’s
rule:
(pgs.
275-‐281)
1)
a
state
of
emergency
adds
to
the
Pres’
power
dramatically
(and
the
Pres
may,
in
accordance
with
“the
most
ancient
traditions
of
Anglo-‐American
law,”
act
to
resolve
the
emergent
situation
without
authorization
from
Congress
(p.313)).
2)
popular
understanding
of
his
political
agenda,
the
success
of
which
is
in
some
way
tied
to
the
interests
of
the
populace,
adds
to
the
Pres’
power
3)
the
Pres’
agenda
must
be
“adjusted”
to
the
Congress’
way
of
doing
business
4)
recognition
of
the
natural
“ebb
and
flow”
to
the
dynamics
of
power
in
the
Federal
gov’t
5)
“consistent
championship
of
the
demands
of
certain
groups,
especially
Agriculture
and
Labor”
(p.280).
—
these
five
lessons
point
out
the
essential
divide
in
the
conditions
for
presidential
leadership
in
legislation,
that
between
crisis
(#1;
emergency
and
the
Pres’
plans
for
dealing
with
it)
and
personality
(#2-‐5;
those
characteristics,
talents,
and
insights
that
are
most
conducive
to
leadership)
D.
What
has
facilitated
the
expansion?
—
A
change
in
the
essential
role
of
the
Federal
Gov’t
1)
the
constitutional
system
was
originally
conservative,
or
inclined
to
preserve
the
status
quo,
2)
while
the
Progressive
era
marked
the
beginning
of
a
period
of
reform
and
gov’t
action
2
—
thus,
the
Presidency
was
so
to
speak
“naturally
suited”
to
taking
on
the
demand
for
increased
exercise
of
power,
which
is
itself
manifested
in
two
ways:
1)
Pres’
made
themselves
“spokesmen”
of
the
enhanced
role
of
gov’t,
and
on
this
issue
have
brought
their
parties
on
board;
2)
Congress’
have
ceded
some
power
to
the
Pres,
viz.
the
authority
to
enact
“sublegislation”
in
the
form
of
bureaucratic
regulation
(p.
314).
III.
“The
Invitation
to
Struggle”
A.
What
does
the
Constitution
have
to
say
about
sovereignty
“at
international
law”?
(who
sets
foreign
policy?)
(p.
200)
—
generally,
the
power
to
direct
foreign
policy
is
divided
between
executive
and
legislature,
but
the
Pres
has
certain
clear
advantages
1)
unity
of
office
2)
secrecy
and
speed
3)
information
superiority
The
Pres
is
more
inclined
to
propose,
the
Congress
more
inclined
to
dispose
(p.
200).
Hamilton
welcomed
that
invitation
to
struggle;
the
Const
was
for
him
a
grant
of
power.
—
but
where
does
that
power
come
from?
1)
itself?
(the
sum
of
its
parts)
2)
outside?
(“higher
law”)
The
answer
must
be
that
latter,
since
the
powers
conferred
by
the
Const
on
both
Pres
and
Congress
will
not
always
meet
the
demands
of
an
exigency,
there
must
be
a
source
of
(legitimate)
power
outside
the
boundaries
of
the
Const.