But just how much change can a President actually cause? No matter whom he or she may be? What, in fact, can a President do? Well, that's fairly clearly defined in this thing called the Constitution of the United States. According to Article Two, here's what a President can do:
- He or she is the Commander in Chief of the nation's military forces. That means that once Congress authorizes military action, the President gets to make the decision of how the troops get deployed. The Founding Fathers knew that you can't run a war by committee. Someone must have the ultimate decision-making responsibility. That someone is the President.
- He or she "may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices." This phrase contains the seeds of what has become the "Cabinet," made up of the heads of the various departments that compose the Executive Branch of government.
- He or she may grant pardons and reprieves, except in cases of impeachment.
- He or she may make treaties, provided that two-thirds of the Senate ratifies them.
- He or she "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law..." (The article goes on to say that Congress may determine by law whether certain other appointments are made by the President, by courts of law, or by "Heads of Departments.")
- He or she has the power to make appointments to fill vacancies "that may happen during the Recess of the Senate," but these appointments expire at the end of the Senate's next session, unless the Senate votes to confirm them permanently.
- He or she "shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient."
- He or she may call special sessions of either or both Houses of Congress when necessary.
- He or she "shall receive Ambassadors and other public Ministers."
- He or she "shall take Care that the Laws be faithfully executed." (This is what takes up most of the time and effort of the Executive Branch.)
- He or she "shall Commission all the Officers of the United States."
That's it, folks. According to the Constitution, that's what the President gets to do. So keep that in mind when you're listening to campaign promises, such as:
Vote for me so we can end our dependence on foreign oil. Really? How is a sitting President going to do that? The Bush administration hasn't done it in the last seven years. And, guess what? The Clinton administration didn't do it in the eight years before that, either. (And if we have another Clinton administration, they won't do it either.) And it wasn't because it didn't need to be done - it was because the President can't do it. The President only gets to execute the laws that Congress passes, and no President in recent memory has ever gotten things entirely his own way...not even when his own party controlled Congress.
There are only two ways to end our dependence on foreign oil. Either increase our domestic supplies, or reduce demand. But we can't easily increase our domestic supplies, because environmental interest groups have managed to block every attempt at new drilling, or new refineries (we haven't built a new refinery in 30 years, which is why prices ratchet up every time one shuts down for maintenance). And how, exactly, would you suggest that we reduce demand? Increased mileage standards are a mere drop in the barrel. Let's see a show of hands from everyone who wants to see additional taxes of a buck or two a gallon so we can depress demand for gasoline by artificially raising the price. Anybody? How about some windfall profit taxes on the oil companies? Boy, that'll show them! But will it produce one extra drop of oil?
The best way to end our dependence on foreign oil is to let the free market do it. We're actually fortunate that the recent run-up in oil prices has happened at a time when the economy was so strong that we've been able to absorb it without having the economy go completely into the toilet. Do you realize just how remarkable that is? And does George Bush get any credit for the resilience the economy has shown? Of course not. But the higher prices go, the more price competitive alternate sources of energy become: biofuels, fuel cells, gas/electric hybrids - and the more affordable it becomes to use more expensive extraction methods to get oil from shale deposits, tar sands, and existing wells where all the oil that could be easily extracted has already been extracted. Market forces will work if they're allowed to - and I'd rather bet on them than bet on the government to solve the problem.
How about "climate change?" (This is the new term for what used to be called "global warming," now that the evidence is mounting that "global warming," at least of the man-made variety, is a gigantic hoax.) Both Barak Obama and Hillary Clinton support the Kyoto Treaty...but back when Bill was President, the Senate (that would be the Democrat-controlled Senate) voted 98 - 0 to reject it. See, it costs the candidates nothing to tell you they support that treaty - because they know that there aren't enough Senators who are willing to commit economic suicide to ratify it.
Fiscal responsibility? Well, the President gets to submit a budget to Congress, but Congress then immediately gets to start stuffing it full of pork. Remember how the Democrats promised to eliminate "earmarks" if only we'd give them control of the House in 2006? Guess how that worked out? According to a December, 2007, article in USA Today, all 49 new Democrat legislators sponsored or co-sponsored at least one earmark. According to the article, "Freshmen Democrats were the sole sponsors on projects worth $351 million." Republicans, by contrast, only got $65 million approved. Those Democrat reformers are responsible for six times as much pork as the Republicans they criticized. What the Democrats have done is make more of an effort to hide what they're doing: rather than inserting earmarks into legislation as it's being written, they've decided to allow them to be inserted into conference reports, which are not publicly negotiated, and which cannot be further amended when they reach the House or Senate floor for a vote. I guess this is a new definition of reform that I wasn't previously familiar with.
And remember, the President doesn't have the "line-item veto" power that many state governors have. He or she can't just strike out offending portions of appropriations bills - it's a take it or leave it situation, which is why defense appropriations bills are such rich targets for the insertion of non-defense-related earmarks. (E.g., $24 million for sugar beets, and $40 million for something called the "Tree Assistance Program," inserted into the Iraq funding bill last spring.) And the Supreme Court has held that, in general, the President can't refuse to spend what Congress has appropriated, either, because that would amount to a de facto line-item veto, which is unconstitutional.
How about reforming the Income Tax code? Moving to a "flat tax" or a "fair tax?" Believe me, I'd love to see that happen, but, again, the President can't just do it. According to that pesky old Constitution, Congress - specifically the House of Representatives - gets to write the tax laws. The President can ask Congress to do what he or she wants, but can't make them do it.
The Founding Fathers were amazingly smart in how they designed this government. Congress is composed of two Houses. The House of Representatives is, by intent, the voice of the people. Its members are apportioned according to population, with the more populous states getting more seats in the House. And every seat in the House is up for grabs every two years, so it responds very quickly to the desires of the people - if the Representatives aren't doing what the people want, the makeup of the House can be changed very quickly. The Senate, on the other hand, is the voice of caution, tradition, and deliberation. Every state gets two Senators, regardless of how large or small it may be. Senators are elected for six-year terms, and only one-third of the seats are up for grabs in any given two-year election cycle. In fact, until the Seventeenth Amendment was ratified in 1913, Senators weren't even elected directly by the people - they were appointed by the legislators of their respectives states. The Senate is, by intent, the voice of continuity, the counterweight to the potential volatility of the House, the voice that says, "Wait a minute, let's think this over first."
The need for compromise was deliberately built into our system of government by its architects. No one branch of government, no one person, no one President can deliver on most of the things you're going to hear about this campaign season. So what should you be voting on? I'd suggest that we should choose a Commander in Chief that would be an effective leader of, and would command the respect of, our nation's military. Someone whose foreign policy you trust, seeing as how they do get to appoint ambassadors and tell them what to say. Someone who has proven his or her ability to manage large budgets effectively, since the President is responsible for spending (and managing) the money that Congress appropriates. Someone who has the ability to inspire others to follow him or her, since the promised changes aren't going to be things that can just be rammed down Congress' collective throat.
But, please, don't believe everything you hear. And thanks for listening.