Public opinion toward presidential power.
Reeves, Andrew ; Rogowski, Jon C.
Political scientists, legal scholars, historians, pundits,
lawmakers, jurists, and the public have long questioned the nature and
limits of presidential power. The scrutiny over the limits of the
commander in chief has intensified during the Obama administration. In
June 2014 the Supreme Court ruled that President Barack Obama exceeded
his authority by declaring the Senate to be in recess when he made three
appointments in 2012 to the National Labor Relations Board without
receiving Senate confirmation. A month later, the House of
Representatives voted to authorize Speaker John Boehner to sue Obama for
overstepping his legal authority in delaying the employer mandate in the
Affordable Care Act of 2010. Still later in 2014, when Obama issued
memoranda to direct the Department of Homeland Security to modify its
enforcement of deportation laws, key Republican leaders criticized the
president's "brazen power grab." (1) Throughout it all,
Obama has cited the unwillingness of Congress to pass legislation to
address pressing national issues and repeatedly threatened--sometimes
following through, as in the case of immigration reform--to use his
executive authority where Congress refused.
At one level, the terms of these interbranch disputes are clear:
when power is shared across political institutions and different
political parties control those institutions, conflict over the nature
of power is inevitable. More fundamentally, however, President Obama and
Republican congressional leaders have appealed to different principles
in supporting their arguments. Obama has repeatedly referenced his
responsibility to carry out the will of the American people in response
to the public's expectations of an almost omnipotent presidency.
The public, research has found, holds its president accountable for the
national economy (e.g., Hibbs 2000), the conduct of foreign wars (Karol
and Miguel 2007), and the distribution of federal largesse (Kriner and
Reeves 2012, 2015a). Further research shows that the president is blamed
for things well beyond his or any human's control, including
natural disasters (Gasper and Reeves 2011; Healy and Malhotra 2009;
Reeves 2011), shark attacks (Achen and Bartels 2002), and even the
performances of local sports teams (Healy, Malhotra, and Mo 2010). House
Republican leaders, on the other hand, have accused Obama of subverting
the constitutional separation of powers by claiming power that belongs
to the legislative branch. Indeed, the public's extraordinary
expectations--hallmarks of the modern presidency--stand in sharp
contrast with the few formal powers granted to the presidency (Edwards
1989; Neustadt 1990), therefore setting into motion contestation over
the limits of presidential power.
In this article, we examine public opinion across a range of
presidential powers. Building upon and extending the research by
Aberbach, Peterson, and Quirk (2007) in the context of the presidency,
we build upon studies of Americans' attitudes toward political
institutions. Most studies in this vein focus on Congress (Hibbing and
Theiss-Morse 1995) and the courts (Caldeira and Gibson 1992). In
contrast with most previous research that has focused on the correlates
of public approval of the individual who occupies the White House, we
investigate Americans' views toward the powers available to the
office of the presidency. Furthermore, we examine the extent to which
Americans' support for presidential power is associated with their
approval of the president himself.
Executing an original nationally representative survey of U.S.
adults, we present results on Americans' attitudes toward the tools
of presidential power. While the president's co-partisans are more
supportive than members of the opposite party of the powers available to
presidents, partisans are substantially more polarized in their
evaluations of the president himself than they are when evaluating the
powers of the presidency more generally. At the same time, we find that
citizens grant greater support for the president's powers as their
approval of the person inhabiting the White House increases. The results
of this study suggest ways in which public opinion toward the tools of
presidential action influences the exercise of presidential power.
The Presidency and the Separation of Powers
Though Article I establishes Congress as the nation's
lawmaking branch, the Constitution also prescribes a role in the
legislative process for presidents. For instance, because of the
presidential veto, new legislation can be passed only when the president
and Congress are in agreement in the absence of congressional
supermajorities. Nevertheless, the founders intended for Congress to be
the preeminent institution among the branches, as Madison makes clear in
Federalist 51 that "in republican government, the legislative
authority necessarily predominates" (Ball 2003, 253). Thus, Article
II is limited in the breadth of formal legislative powers belonging to
the president. This arrangement is reflected in Neustadt (1990, 30),
which argues that "power is persuasion and persuasion becomes
bargaining." According to this view, a president's ability to
influence legislation is due almost entirely to his ability to lead
others--most notably, his congressional colleagues--to enact the
policies he prefers.
Over the last several decades, however, scholarship on the
presidency and political institutions more generally has developed a
more expansive view of the president's ability to influence policy
making. For instance, in contrast with Neustadt (1990), which argues
that the president's use of the veto was a sign of weakness,
Cameron (2000) sheds new light on how the veto, one of the
president's few formal powers, enables him to extract policy
concessions from Congress. In considering presidential powers not
specified in the Constitution, other studies argue that ambiguity in the
enumeration of the president's constitutional responsibilities has
led presidents to gradually accumulate unilateral powers that define the
modern-day presidency and enable them to more effectively achieve their
policy goals (Howell 2003; Moe and Howell 1999a, 1999b; Moe 1993). Not
only can presidents threaten to withhold their support from legislation
passed by Congress, but they can circumvent Congress altogether by
issuing executive orders to create new policies, using signing
statements to express their interpretation of the legislation they sign
into law, and using their position as head of the executive branch and
commander in chief of the armed forces to direct the activities of the
vast numbers of personnel in his employ.
Modern presidents have wielded an increasingly expansive set of
presidential powers, driven in large part by increased public
expectations of the president (Lowi 1986; Neustadt 1990). Despite the
profound and enduring debates over the nature and scope of executive
power, scholars have paid little attention to public attitudes about
these powers. Due to the wide range of phenomena for which presidents
receive credit and blame, presidents themselves may view their powers as
essential tools for fulfilling their responsibilities to the public.
Existing research on presidential responsiveness to public opinion
assumes that presidents act in the service of the public's policy
preferences while overlooking the possibility that the public may also
possess attitudes toward the tools of presidential power themselves.
The assumption that the public evaluates presidents on the basis of
outcomes alone dominates the study of the presidency and to great
consequence. Presidents enter office with a variety of objectives and
goals, and perhaps chief among them is to secure subsequent electoral
support from voters (Kriner and Reeves 2015a, 2015b; Moe 1985). To do
so, extant scholarship argues that presidents have incentives to exhibit
responsiveness to public opinion (Edwards 1983; Jacobs and Shapiro 2000)
and thus bring about policies that the public supports. As a consequence
of this singular focus on the purposes of presidential action, scholars
attribute a wide range of presidential behavior--including vetoes and
veto threats (e.g., Groseclose and McCarty 2001; McCarty 2009),
executive orders (e.g., Howell 2003), and public appeals (e.g.,
Canes-Wrone 2006; Kernell 1997)--to the president's focus on the
public's policy preferences. Indeed, the public's demand for
increased policy responsiveness from presidents is widely posited to
explain the ascendance of the modern presidency (Lowi 1986; Neustadt
1990) and presidents' increased reliance on unilateral tools
(Howell 2003; Moe and Howell 1999). If, however, the public also
scrutinizes the ways these policy outcomes are achieved, the
consequences extend far beyond simply exploring the contours of public
opinion. Should the public hold meaningful attitudes about the tools
wielded by presidents, these attitudes may affect the incentive
structures for presidents to take action.
The Public and the Microfoundations of Presidential Power
In addition to creating a presidency whose formal powers were
limited, the founders also viewed the presidency as an institution
largely insulated from the public. Instead, they intended for the
president primarily to serve as a "guardian against legislative
tyranny" (Cohen 1999, 9). Yet the nation's first president
recognized the importance of ensuring that the public supported its
president. As Cohen (1999, 9) describes, George Washington's desire
for public support was driven less by his short-term policy goals but
more because he recognized the importance of establishing and ensuring
the legitimacy of the institution. As Washington acknowledged and many
scholars have argued since, the strength of the presidency is measured
not only by the formal powers granted to it but also the degree to which
the public accepts the president's authority to advance his policy
goals--even if the public disagrees with the president's preferred
policies.
This focus on support for the presidency contrasts with public
support for the president. Commonly measured through the public's
approval of the president's job performance, a sizable literature
investigates the correlates and consequences of presidential popularity
(e.g., Canes-Wrone 2006; Canes-Wrone and De Marchi 2002; Edwards 1989,
2003, 2009; Gronke 2003; Ostrom and Simon 1985; Rivers and Rose 1985;
Rohde and Simon 1985). This distinction reflects a theoretical claim
that presidential success is a function of support for the individual
holding the office as opposed to the legitimacy of the initiative
itself. (2) However, more recent scholarship provides reasons to doubt
that presidential approval translates neatly and directly into a measure
of support for presidential power. (3) For instance, as Cohen (2011)
argues, presidential approval tends to be quite volatile, and thus a
president's short-term approval rating is likely to be only a noisy
measure of the public's underlying attitudes. As a consequence,
Neustadt (1990) and Edwards (1997, 2009) argue that presidential
approval does not directly correspond with support for the president.
Studying the relationship between approval and legislative success in
Congress, Canes-Wrone (2006) and Edwards (2003) find the link between
popularity and legislative support for a president's initiatives is
quite variable. Neustadt (1990) goes on to argue that what the public
believes the office of the president ought to do to effect policy change
is a separate question from the public's evaluation of the
president himself.
Existing studies provide little information about the public's
views about the presidency as an institution and, by extension,
attitudes toward presidential power. On the former point Hibbing and
Theiss-Morse (1995, 29) write that "in the case of the executive
branch, almost nothing exists on public support for the institution
itself. Much attention has been devoted to support for the person
occupying the position of president, but not so for the institution of
the presidency." This is an important omission as scholarship over
the last twenty years has moved to a distinctly institutional approach
of the presidency, investigating how powers provided to the president by
the Constitution and by statute enable him to influence public policy
(e.g., Cameron 2000; Howell 2003; Mayer 1999), sometimes without
securing the explicit consent of Congress. Thus, examining public
support for the powers of the presidency provides an opportunity to
examine the incentives for and boundaries of presidential action.
Political Institutions and Public Opinion
In studying public opinion about presidential power, we follow
scholarship on the public's view of other American political
institutions. Our approach is akin to that of Caldeira and Gibson
(1992), which studies the correlates of public support for the U.S.
Supreme Court. We examine the public's views toward the institution
of the presidency to examine how the public evaluates the exercise of
presidential power within a system of separated powers. After all, as
Caldeira and Gibson (1992, 637) argue, "No political institution
can survive if support for it is contingent upon satisfaction with
policy outputs; all political institutions require a
'reservoir' of goodwill." Thus, we separate our
examination of support for the powers of the presidency from the study
of approval of the president himself.
In many cases, the public's evaluations of political
institutions tend to differ from their assessments of the individuals
who occupy those institutions (e.g., Caldeira and Gibson 1992; Hibbing
and Theiss-Morse 1995). Just as public opinion toward members of
Congress is shaped by factors including partisanship and their
perceptions of how well their member represents their interests (e.g.,
Hibbing and Theiss-Morse 1995, 117-18), specific support, which we
measure as approval of the president, reflects a combination of partisan
attitudes and assessments of the president's handling of the
country's business, particularly the economy. In contrast, we
consider institutional support, which we define as support for the
instruments of power that presidents have at their disposal. (4)
To study institutional support of the presidency, we study a
variety of presidential powers that have been prominently featured in
recent research and the subject of contemporary political salience,
including the use of veto powers (Cameron 2000), signing statements
(Conley 2011), executive orders and memoranda (Howell 2003; Lowande
2014; Mayer 1999; Waterman 2009), recess appointments (Black et al.
2007; Corley 2006), and control over the military (Howell and Pevehouse
2007; Kriner 2010). (5) Existing literature, however, generates
conflicting expectations about the level and correlates of public
support for presidential power in these areas. On the one hand, American
political culture is widely believed to weigh against the concentration
of power in a single executive. As Edwards (1989, 14) notes,
"Americans are basically individualistic and skeptical of
authority. They may admire its exercise, as long as it is over
others." Given the historical and institutional legacies of the
colonial experience, political socialization may cultivate skepticism
about a mote expansive presidency than what the founders proscribed.
In addition, existing research on many of these powers suggests
that their use indicates presidential weakness. For instance, research
on the issuance of executive orders finds that popular presidents--the
same presidents would seem to be in an advantageous position for
bargaining with Congress--use them less frequently than unpopular
presidents (Krause and Cohen 1997; Mayer 1999; Mayer and Price 2002).
(6) Similarly, Corley (2006) argues that recess appointments may induce
public backlash, and Black et al. (2007) show that presidents make fewer
recess appointments to independent agencies as their approval ratings
increase. Studying the politics of interbranch bargaining, Groseclose
and McCarty (2001) demonstrate that, under divided government,
presidential approval drops following the issuance of a veto. These
findings from disparate research agendas all suggest that many of the
tools in the modern presidency's toolkit are second-best options,
or worse, for achieving president's policy goals and that they may
be suboptimal precisely because of how the public may react to their
use.
Support for presidential power may also depend on the degree of
support for the president himself. Perhaps popular presidents are able
to translate their high approval ratings into support for an augmented
set of powers. After all, many of the origins of the modern presidency
are traced to public demand for a more expansive presidency in the wake
of the Great Depression and World War II (Lowi 1986; Neustadt 1990);
high levels of support for President Franklin Roosevelt himself would
seem to be an obvious prerequisite for such public demand. More
generally, though, the importance of presidential prestige plays a
leading role in accounts of how and when presidents accomplish their
policy objectives. As Neustadt (1990, 77) argues, "Prestige counts
in power by establishing some checks upon resistance from the men
engaged in governing." And as Edwards (2003, 4) further elaborates,
"Public support is a crucial political resource for the president
... It is difficult for others who hold power to deny the legitimate
demands of a president with popular support." A large body of
research finds that presidents enjoy greater legislative success as
their approval ratings increase (Bond and Fleisher 1990; Bond, Fleisher,
and Wood 2003; Canes-Wrone and De Marchi 2002; Edwards 1980, 1989;
Ostrom and Simon 1985; Rivers and Rose 1985; Rohde and Simon 1985), and
thus perhaps popular presidents are similarly able to leverage their
approval ratings to expand the range of powers available to the
presidency. However, an important body of scholarship finds that
presidential approval does not directly correspond to increased
legislative success (e.g., Cohen 2011; Canes-Wrone 2006; Edwards 1997,
2003, 2009), and other research indicates that a president's
success in Congress may be influenced by other events such as war (e.g.,
Howell and Rogowski 2013). Thus, the relationship between approval and
support for presidential powers may be somewhat more limited.
Finally, the president's co-partisans may also express greater
support for presidential powers. Their shared partisanship likely
indicates a general alignment between policy positions and priorities.
Moreover, as partisanship may also serve as an important social identity
for citizens (e.g., Green, Palmquist, and Schickler 2002), a
president's co-partisans may endorse presidential powers at higher
rates because their use results in success for the party. For instance,
Aberbach, Peterson, and Quirk (2007) studied the public's view of
the presidency under George W. Bush and found that Republican
identifiers were significantly more likely to endorse the principle of
deference toward presidential decision making and the president's
authority to act unilaterally.
In the following sections, we test several hypotheses about the
public's support for presidential power. First, we expect that the
public grants relatively low levels of support to many of the tools of
power wielded by modern presidents. We also hypothesize that citizens
distinguish institutional support from specific support. That is,
support for presidential power is distinct from the public's
approval of the president. While both quantities are likely to be
influenced by some of the same factors, such as partisanship, we expect
that Americans are generally in more agreement about the nature of
presidential power than they are about the person who occupies the White
House. However, we also expect that Americans' support for
presidential power increases with their support for the president
himself. Finally, we expect the president's co-partisans to be more
supportive of presidential powers.
Public Support of Presidential Powers
We evaluated the public's support for presidential powers as
part of the 2013 Cooperative Congressional Election Study (CCES),
fielded in November 2013. The module included 1,000 U.S. adults, and the
sample was weighted to reflect the characteristics of the national
population. After the respondents answered a series of questions about
background demographic and political characteristics, including
presidential approval, we asked each respondent to indicate whether they
agreed or disagreed with a series of statements about a variety of
powers granted to or claimed by presidents. Specifically, our questions
gauged public support for six dimensions of presidential powers and
evaluated whether the public president should be able to exercise
unilateral control of the military, keep certain information concealed
from Congress and the public, veto legislation passed by Congress,
appoint judges of his choice without Senate consent, direct agency
implementation of policies passed by Congress, and create new policies
through unilateral action without having Congress vote on them. We
avoided using overly technical or obscure language to focus on
respondents' evaluations of the scope of presidential power rather
than the details of any particular tool. The question wordings are
provided in the Appendix.
Table 1 describes the aggregate levels of public support for these
presidential powers. On the whole, presidential approval was relatively
low, with 39-5% of the sample approving of President Obama's job
performance in November 2013. (7) The summary statistics for public
opinion about presidential powers, however, support two claims. First,
support for the levers of presidential power varies widely across the
specific tools. While a majority of the public supports the
president's use of executive privilege (71.5%) and ability to
direct the ways agencies implement policies passed by Congress (54.2%),
the public is less supportive of the other exercises of presidential
power. Only about a third of the public supports the president's
unilateral control over the military (35.2%) or believes the president
should be able to appoint judges without Senate confirmation (33-3%).
The public is even less supportive of direct presidential action; only
26.7% of the public believes the president should be able to make policy
without having Congress vote on that policy. Interestingly, only 46.6%
of the public believes the president should have the right to veto
legislation passed by both chambers of Congress. These data indicate
that the public is suspicious of unilateral presidential actions,
perhaps instead favoring a consensual lawmaking process. It is also
important to note that these survey instruments appear to be reliably
measuring respondents' general underlying orientations with respect
to presidential power. The items scale fairly well together with a
standardized Cronbach's alpha of 0.67.
These data also indicate that, in the aggregate, evaluations of the
president are largely distinct from the public's evaluation of the
presidency. As Table 1 attests, large majorities of the public
approved--or, in some cases, disapproved--of certain powers, even though
their evaluations of President Obama's job performance were
lukewarm at best. Whatever Americans may think about the person
occupying the White House, these attitudes do not directly translate
into the public's support for presidential power.
[FIGURE 1 OMITTED]
In Figure 1, we explore how support for presidential powers is
associated with partisanship and presidential approval. Each plot shows
support for presidential powers and the associated standard errors. The
left panel of the figure presents support for presidential powers across
party lines. (8) The presidential powers along the x-axis are ranked in
decreasing order of the partisan differences in support. Across each of
the six presidential powers, the plots show that Democratic identifiers
grant significantly higher support than Republican identifiers. At the
same time, however, the partisan differences in support for these
presidential powers are substantially narrower than partisan differences
in evaluations of President Obama, where 76.2% of Democrats approved of
Obama's performance as president compared with only 3.2% of
Republicans. The largest partisan differences over presidential powers
are found in support for the president's ability to direct agency
implementation of policies passed by Congress. While nearly
three-quarters of Democrats (73.3%) support the president's ability
to direct how agencies implement policies, less than a third (31.4%) of
Republicans agreed. Though partisans may have different views about the
powers presidents should wield, they are in substantially greater
agreement about the scope of presidential powers than they are about the
job performance of the president currently in office. Majorities of both
Democrats and Republicans oppose unilateral policy making by presidents
(38.6% and 10.7%, respectively) and unilateral control of the military
(42.0% and 23.9%, respectively), while large majorities of both parties
(80.6% and 70.8%, respectively) support the president's authority
to keep certain kinds of information confidential. Thus, on the whole,
while the president's co-partisans support presidential powers to a
greater degree than members of the opposite party, the partisan
differences over presidential power are smaller than they are for
presidential approval and vary across a range of different powers.
As the right panel of Figure 1 shows, we find similar results when
comparing support for presidential powers among people who approve and
disapprove of the president's job performance. Respondents who
approve of President Obama were significantly more supportive of each of
the presidential powers. Moreover, the differences in support for
presidential powers among people who approve and disapprove of Obama
closely mirror the patterns shown in the left plot. As with
partisanship, the largest differences were found when comparing support
for the president's authority to direct agency implementation of
policies. The smallest differences were found in levels of support for
the president's unilateral control of the military, where
minorities of both approvers and disapprovers indicated support for this
power. These two sets of results suggest that, while the public may
disagree over presidential approval, there is far more consensus about
the institutional powers belonging to the presidency. While partisan
commitments and evaluations of the president himself do indeed appear to
color citizens' evaluations of presidential power, these
evaluations are largely distinct from their assessments of the
president's performance.
These data provide the first glimpse of public opinion on how
Americans view various powers that presidents have claimed and scholars
have studied. By and large, Americans do not support powers that
presidents exert, but with some exceptions. For example, they support
the president's decisions to keep certain kinds of information
confidential and about how executive agencies should implement policies.
Interestingly, even though the Constitution provides for a
president's veto powers, Americans are more conflicted about
whether the president should be able to reject legislation passed by
both chambers of Congress. And finally, Americans exhibit less support
for presidential powers that have more direct implications for the
balance of power across the branches. In general, large majorities of
Americans oppose a president's ability to appoint judges without
Senate confirmation or enact new policies via unilateral action. To
systematically evaluate the degree to which support for the president
translates into support for presidential power, we next model these
attitudes directly.
Presidential Approval and the Public's Attitudes Toward
Presidential Power
Can presidents leverage high approval ratings for public support
for a more powerful presidency? We study this question by examining how
increased presidential approval is associated with support for
presidential powers. For each of our six presidential powers, we
regressed support for presidential power on respondents'
presidential approval (measured on a four-point scale ranging from
"strongly disapprove" to "strongly approve") and
partisanship (measured on a seven-point scale that ranges from
"strong
Republican" to "strong Democrat"). We also included
an indicator for respondents' education levels, as individuals with
higher education levels may have a more sophisticated understanding of
the separation of powers and thus have different views about the scope
of presidential power than people with lower levels of education.
Finally, we include a measure of respondent ideology, where larger
numbers indicate increased conservatism. We used logistic regression
because the dependent variable is binary and weight the data to national
population parameters.
The results are shown in Table 2. Across each of the six measures,
respondents who provided higher approval ratings of the president were
significantly more supportive of presidential powers. These findings
provide striking evidence that views toward executive power are shaped
by the degree of support for Obama himself. The other covariates,
however, have more limited associations with presidential power. For
instance, Democratic partisanship was associated with greater support
for the president's veto powers, use of unilateral action, and
authority to direct agency implementation of policy. The coefficients
for partisanship do not reach statistical significance when evaluating
support for unilateral military powers and authority to appoint judges
without Senate consent, and the coefficient for partisanship is in fact
negative (though not statistically significant) when examining support
for executive privilege. Support for executive privilege, veto power,
and overseeing agency implementation significantly increases with
education level, but greater education is associated with significantly
decreased support for unilateral action. That we see a positive
relationship between education and support for, for instance, veto
powers, but a negative relationship between education and support for
unilateral action could indicate that people with greater political
sophistication exhibit a more nuanced understanding of the boundaries of
the separation of powers. Finally, we find no evidence that ideology is
systematically associated with support for presidential powers.
[FIGURE 2 OMITTED]
We examine the substantive relationship between presidential
approval and support for presidential powers more closely by presenting
the results graphically in Figure 2 below. We estimated the predicted
probability of supporting each indicator of presidential power across
the range of values of presidential approval, ranging from 1
("strongly disapprove") to 4 ("strongly approve"),
holding the other covariates at the mean values. (9)
Figure 2 confirms our earlier findings that people who approve of
the president's job performance are significantly more supportive
of presidential power than people who disapprove of the president.
Interestingly, Figure 2 also reveals variation in the strength of the
relationship between presidential approval and support for presidential
power. For instance, respondents who "strongly disapprove" of
President Obama's job performance were about equally likely (around
20%) to support the president's veto powers and his ability to
direct how agencies implement policy. Support for veto powers increases
at a much lower rate as approval increases, however, compared with
support for directing agency implementation of policy. Similarly, while
support for unilateral action and appointing judges without Senate
consent both increases with the level of approval of the president,
support increased for unilateral action at a lower rate compared with
support for judicial appointment powers.
The results displayed in Figure 2 suggest that presidents who curry
favor with the public can expect to expand their levers of power.
Members of the public who approve of the president also support his
ability to use the tools of office--including, in some instances, tools
not typically afforded to presidents--to affect the behavior, policies,
and composition of the federal government. At the same time, citizens
who disapprove of the president's performance are most likely to
oppose the exercise of presidential power. While this disapproval may be
rooted in political disagreement, it also suggests that the people who
disapprove or of disagree with the president serve as the key checks
against the concentration of political power in the person who inhabits
the White House.
Conclusion
Our survey results provide a detailed characterization of the
public's attitudes toward presidential power. Building on previous
work on public opinion toward other political institutions, such as the
Supreme Court (e.g., Caldeira and Gibson 1992) and Congress (e.g.,
Hibbing and Theiss-Morse 1995), but in contrast with a large literature
on public approval of the president, we evaluate the public's level
of support for powers of the presidency.
Our research generates several novel conclusions. First, public
support for various types of presidential power varies considerably.
Americans strongly support the president's prerogatives to conceal
certain information from Congress and the public, but are opposed to the
president's making policy unilaterally without the approval of
Congress. These findings clarify the political dynamics surrounding
several events in the Obama administration. For instance, congressional
Republicans stoked the controversy surrounding Operation Fast and
Furious, which led to Attorney General Eric Holder being held in
contempt of Congress in 2012 while President Obama invoked executive
privilege to withhold key documents from Congress. To the chagrin of
congressional Republicans, the Fast and Furious controversy never gained
much traction with the public. Our data indicates that, on the whole,
the public believes the president should have the ability to keep
certain kinds of information confidential while running the government
if he believes it is in the best interests of the country to do so. At
the same time, however, while President Obama has repeatedly threatened
to use unilateral action to address key policy priorities, he has been
hesitant to do so. At this juncture, he appears likely to issue fewer
executive orders than most of his predecessors. Our data indicate that
the public bristles at unilateral policy making by presidents--perhaps
because it violates their norms about the legislative process. To the
extent that presidential action is conditioned on public support, then,
may explain why Obama has not been more aggressive in the use of
unilateral action.
Importantly, we also find that these attitudes about presidential
power--what we term institutional support--are distinct from their
evaluations of the person who inhabits the White House. While
partisanship, presidential evaluations, and attitudes toward the
institution of the presidency are related, these attitudes are not
synonymous. Democrats and Republicans agree far more about the
boundaries of presidential power than they do about the president's
performance in office. Thus, while citizens may disagree about the
relevant merits of the president currently in office, the public holds
more fundamental attitudes about the nature of presidential power.
Third, we have offered suggestive evidence that presidents may be
able to increase public support for presidential power when the
president is held in warm public regard. Members of the public who
approve of the president exhibit strong support for presidential power,
while citizens who disapprove of the president then in office, however,
oppose the exercise and expansion of presidential power. The
implications from these findings suggest that popular presidents are
able to expand the reach of their powers, while unpopular presidents
prompt public discussion about proper limits on presidential power. To
the degree that presidents rely on public support to accomplish their
political objectives, these findings indicate that citizens who oppose
the president are best positioned to institute checks on the exercise of
presidential power. This also raises an intriguing paradox insofar as
presidents often appear to be reluctant to use their unilateral powers
early in their terms, when their approval ratings may be at their
highest, though this may be the ideal time for them to do so. Leveraging
their high approval ratings, presidents may be able to stretch the
institutional boundaries of their office not long after assuming it.
Though our survey results provide a snapshot of attitudes toward
presidential power at a single point in time, our findings complement,
reinforce, and extend the results of a survey about the president's
formal authority that was conducted during the George W. Bush
administration (Aberbach, Peterson, and Quirk 2007). In their study, the
authors find that Bush's co-partisans--Republicans--granted strong
support for tenets of unitary executive theory, while Democrats were
almost unanimously opposed. Our results are generally consistent with
these findings but with respect to President Obama, which suggests that
disagreement over presidential power reflects partisan differences more
than it reflects debates over the merits of any particular president.
Moreover, our findings indicate that public attitudes toward
presidential power do not appear to directly reflect whether that power
is part of established constitutional doctrine. A majority of our sample
opposed a president's use of the veto, one of the only formal
powers granted to the president in the Constitution, while a third of
our sample expressed support for allowing the president to circumvent
the Senate altogether when appointing judges.
These results have important implications for research on public
opinion, the presidency, and democratic accountability. In contrast to
what many public opinion scholars argue (e.g., Converse 1964; Zaller
1992), the public appears to have attitudes toward presidential power
that exist apart from their partisan proclivities. At the same time,
however, the results here raise questions about the public's
capacity to constrain presidential behavior and the incentives for
presidents to expand the bounds of their power. For instance, are there
conditions under which the public grants greater support for
presidential power? Do voters grant greater support for presidential
power when the president attempts to effect policy change in line with
(rather than opposed to) their policy preferences? How does public
knowledge about the constitutional issues associated with presidential
power affect their support for those powers? From an institutional
perspective, how do these attitudes shape the incentives for the
configurations of actors in the separation of powers system? And what do
these attitudes reveal about citizens' preferences for democratic
processes and policy outcomes: might citizens have more favorable
evaluations of policies obtained, for instance, through a consensus
between Congress and the president as opposed to unilateral action by
presidents? Future work could interrogate how these views of the
presidency translate into evaluations of particular presidential actions
and the policies achieved with these tools, a task we begin to take up
in Reeves and Rogowski (forthcoming).
Appendix: Question Wording
Below, we provide the prompt that our respondents were given. The
types of powers were randomly presented across two prompts. In
parentheses, we include the labels that we use in the main text of the
manuscript.
Thinking about the Office of the Presidency--and not any particular
president, please indicate whether you agree or disagree with each of
the statements below.
* The ability of a president to take unilateral military action
should be more strongly limited by Congress, (unilateral military
powers)
* The president has the right to keep certain kinds of information
confidential if he determines it is in the nation's best interests
to do so. (executive privilege)
* The president should not be able to veto legislation that has
been passed by both chambers of Congress, (veto powers)
* The president should be able to appoint judges of his choosing
regardless of whether the U.S. Senate agrees with his selections,
(appoint judges without Senate confirmation)
* The president should have the authority to decide how executive
branch agencies will implement bills passed by Congress, (direct agency
implementation of bills passed by Congress)
* The president should have the right to enact policies without
having those policies voted on by Congress, (unilaterally enact policy)
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(2.) The theoretical claim that presidential success is a function
of presidential popularity is also well grounded in literature on voting
behavior. A dominant view is that support for a candidate or political
party are directly translated into support for the policies, actions,
and behaviors of that individual politician or party (e.g., Zaller
1992).
(3.) See Edwards (2011) for an overview.
(4.) Institutional support is related to Calderia and Gibson's
(1992) conception of diffuse support, which is in turn based on the
definition of Easton (1975). Diffuse support describes the public's
willingness to accept an outcome even if they do not support the
specific policy. Thus, diffuse support "represents a basic
institutional commitment" (Caldeira and Gibson 1992, 643),
reflecting the public's deeper beliefs about the proper structure
of government. Instead, we use institutional support here to refer
specifically to approval of the instruments of power--such as the veto
or an executive order--as opposed to broader diffuse support about the
legitimacy of decisions reached.
(5.) Note that this conceptualization of diffuse support is a
slight variation of the approach taken by Caldeira and Gibson (1992),
which asks questions about specific powers as well as general questions
about individual-level support for the Supreme Court. In this study, we
focus on attitudes toward specific powers.
(6.) Studying memoranda, however, Lowande (2014) finds no evidence
of a relationship between their use and presidential approval.
(7.) This figure compares favorably with the level of presidential
approval (41%) found in a Gallup poll fielded October 28 through
November 3, 2013.
(8.) Following Keith et al. (1992), we classified leaners as
partisans.
(9.) To generate the predicted probabilities, we used the software
developed in Imai, King, and Lau (2007, 2008).
ANDREW REEVES
Washington University in St. Louis
JON C. ROGOWSKI
Washington University in St. Louis
Andrew Reeves is an assistant professor of political science at
Washington University in St Louis. He is the author of The
Particularistic President: Executive Branch Politics and Political
Inequality (with Douglas Kriner), and his work has appeared in the
American Political Science Review, the American Journal of Political
Science, and The Journal of Politics, among other outlets.
Jon C. Rogowski is an assistant professor of political science at
Washington University in St. Usuis. His research interests include
political institutions, policy making, and public opinion, and he is
coauthor of The Wartime President: Executive Influence and the
Nationalizing Politics of Threat, which won the 2014 William H. Riker
Award for the best book in political economy from the Political Economy
Section of the American Political Science Association.
TABLE 1
Aggregate Support for Presidential Powers
Question Percentage support N
Presidential approval 39.5 950
Unilateral military powers 35.2 996
Executive privilege 71.5 995
Veto powers 46.6 997
Appoint judges without Senate 33.3 993
confirmation
Direct agency implementation of 54.2 991
bills passed by Congress
Unilaterally enact policy 26.7 993
Data: 2013 Cooperative Congressional Election Study. Entries
are the percentage of respondents supporting presidential
powers. Data are weighted to characteristics of the national
population.
TABLE 2
Modeling Support for Presidential Powers
Unilateral
Independent Military Executive Veto Unilateral
Variables Powers Privilege Powers Action
Party 0.09 -0.08 0.22 * 0.16 *
identification (0.05) (0.06) (0.05) (0.06)
Presidential 0.40 * 0.64 * 0.35 * 0.68 *
approval (0.10) (0.11) (0.10) (0.11)
Education -0.03 0.22 * 0.19 * -0.15 *
(0.05) (0.06) (0.05) (0.06)
Ideology -0.04 -0.03 -0.00 -0.05
(0.06) (0.06) (0.06) (0.06)
Intercept -1.67 * -0.54 * -2.45 * -2.77 *
(0.25) (0.26) (0.26) (0.31)
N 886 886 886 886
Log-likelihood -533.37 -483.32 -539.74 -419.68
Independent Direct Agency Appoint
Variables Implementation Judges
Party 0.13 * 0.03
identification (0.05) (0.06)
Presidential 0.79 * 0.96 *
approval (0.11) (0.12)
Education 0.22 * -0.09
(0.05) (0.06)
Ideology 0.02 0.07
(0.06) (0.06)
Intercept -2.87 * -3.05 *
(0.28) (0.30)
N 886 886
Log-likelihood -492.10 -450.71
Data: 2013 Cooperative Congressional Election Study. Entries
are logistic regression coefficients with standard errors in
parentheses. The dependent variables are listed at the top
of each column. Data are weighted to national population
parameters. Party identification is measured on a seven-
point scale ranging from "strong Republican" (1) to "strong
Democrat" (7). Presidential approval is measured using a
four-point scale ranging from "strongly disapprove" (1) to
"strongly approve" (4). Education is coded from 1 (no high
school diploma) to 6 (postgraduate degree). Ideology is
measured with a seven-point scale that ranges from "very
conservative" (1) to "very liberal" (7). * indicates
significance at p <.05.