Article Summary:
David French’s article discusses the concerns raised by antifederalists during the Constitution’s ratification, particularly about the potential for presidential overreach. Cato, a pseudonymous pamphleteer in 1787, warned that the Constitution’s vague language about executive power could enable an ambitious president to “ruin his country.”
The text argues that the Constitution’s Article II, which defines presidential powers, is problematically ambiguous. This ambiguity has allowed presidents, especially Donald Trump, to expand executive authority dramatically. The author suggests that Trump’s theory of presidential power includes four key elements: total executive power, ability to remove subordinate officials, discretion in law enforcement, and control over executive branch agencies.
Contrary to the notion of “coequal branches,” the article contends that Congress should be the supreme branch of government. However, Congress has become increasingly weak and partisan, largely defined by presidential influence.
The author proposes a constitutional amendment to change the first sentence of Article II. Instead of “The executive Power shall be vested in a President of the United States of America,” it should read, “A president of the United States of America shall execute laws passed by Congress.”
This change would transform the president from a chief executive to a steward of congressionally established laws, limiting presidential discretion in enforcement and agency management. While the president would retain significant powers like commanding the military and nominating judges, the amendment would fundamentally rebalance governmental power.
Article Excerpt:
Um, no. Our nation is not supposed to have coequal branches. Congress is supposed to reign supreme. Yes, the other branches have the power to check Congress (presidents can veto legislation; courts exercise judicial review), but Congress alone possesses the power of the purse. Congress alone is supposed to possess the power to declare war. Congress can impeach and remove members of the executive and judicial branches of government, including the president and justices of the Supreme Court.
There is a constitutional answer to this national challenge. We can — at long last — heed the warnings of the antifederalists, and we can do it simply enough, by changing the first sentence of Article II. Instead of declaring “The executive power shall be vested in a president of the United States of America,” it should read, “A president of the United States of America shall execute laws passed by Congress.”