442 Chapter 12Chapter 12 || The PresidencyThe Presidencyalso creates opportunities for the exercise of presidential power. As we have seen, the
Constitution makes the president military commander in chief but gives Congress the
power to declare war and to raise and support armies, without specifying which branch
of government is in charge of the military. Thus, at least part of presidential authority
must be derived or assumed from what the Constitution and statutes do not say—ways
in which they fail to define or delineate presidential power—and how presidents use
this ambiguity to pursue their goals.
In addition to these ambiguities, presidents also gain real power from other,
more informal aspects of their office. Recall our discussion of the president’s ability
to influence the legislative process. In the Constitution, the president’s powers in
this realm are limited to advising Congress on the state of the union and to vetoing
legislation (subject to congressional override). But presidents often have very real
influence at all points in the legislative process: they can offer a variety of small
inducements, such as visits to the Oval Office and campaign assistance, and they can
draw on the natural respect that most people (including members of Congress) feel for
the presidency regardless of who holds the office, thereby securing compromises that
achieve the president’s policy goals.^27 Donald Trump, like his predecessors, has used all
of these tactics to help enact his policy agenda.Presidents, Unilateral Action, and Policy Making
Political scientists Terry M. Moe and William G. Howell argue that constitutional
and statutory ambiguities in some cases enable presidents to take unilateral
action, changing policy on their own without consulting Congress or anyone else.^28
Although Congress can, in theory, undo unilateral actions through legislation, court
proceedings, or impeachment, Moe and Howell maintain that the costs of doing so, in
terms of time, effort, and public perceptions, are often prohibitive. The result is that
presidents can take unilateral action despite congressional opposition, knowing that
their actions stand little chance of being reversed.unilateral action (presidential)
Any policy decision made and
acted upon by the president and
presidential staff without the explicit
approval or consent of Congress.The 2018 debate over U.S. attacks on
suspected chemical weapons facilities
in Syria provides a good example of
how constitutional ambiguities create
opportunities for unilateral action.
The Trump administration argued
that because the operation involved
only air strikes, it did not trigger the
“hostilities or imminent hostilities”
provisions of the War Powers Act.Full_13_APT_64431_ch12_418-453.indd 442 16/11/18 10:34 AM