Executive Powers Quotes

“Allow the President to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion and you allow him to do so whenever he may choose to say he deems it necessary for such purpose -- and you allow him to make war at pleasure. . . . If, today, he should choose to say he thinks it necessary to invade Canada to prevent the British from invading us, how could you stop him? You may say to him, 'I see no probability of the British invading us'; but he will say to you, 'Be silent; I see it, if you don't.”
― Abraham Lincoln

“It is of the nature of war to increase the executive at the expense of legislative authority," the Federalist tell us. And modern commanders in chief tend to reflexively invoke the war metaphor when the public demands that they take action to solve the emergency of the month, real or imagined.

"War is the health of the state," Randolph Bourne's famous aphorism has it, but Bourne could just as easily written that "war is the health of the presidency." Throughout American history, virtually every major advance in executive power has come during a war or warlike crisis. Convince the public that we are at war, and constitutional barriers to actions fall, as power flows to the commander in chief.

Little wonder, then, that confronted with impossible expectations, the modern president tends to recast social and economic problems in military terms: war on crime, war on drugs, war on poverty. Martial rhetoric often ushers in domestic militarism, as presidents push to employ standing armies at home, to fight drug trafficking, terrorism, or natural disasters. And when the president raises the battle cry, he can usually count on substantial numbers of American opinion leaders to cheer him on.”
― Gene Healy, The Cult of the Presidency: America's Dangerous Devotion to Executive Power

“However, this court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and the laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.”
― Colleen McMahon

“The principle of the unitary executive, which I endorse, concerns the identity of the person who controls executive functions, not what those functions or the legal constraints on them are.”
― John C. Harrison, Executive Power

“In republican government, the legislative authority necessarily predominates.”
― James Madison, Federalist Papers Nos. 10 and 51