Donald Trump and the expanding power of the presidency

The Republican nominee has led some to conclude that he intends a sweeping expansion of presidential authority. His rhetoric implies a muscular, almost unitary, presidency that would be at least as expansive as what historian Arthur Schlesinger Jr. famously dubbed the “imperial presidency” — his critique of Richard Nixon’s abuse of power in the era of Watergate and Vietnam.

But scholars of the presidency say that Barack Obama, George W. Bush and their predecessors have added so many powers to the White House toolbox that a President Trump could fulfill many of his promises legally — and virtually unchecked by a Congress that has proven incapable of mustering much pushback for decades .

“Every president expands the power of the presidency,” said Neal Devins, a law professor at the College of William & Mary. “This is a constant pattern. They never shrink the presidency. A President Trump could say, ‘I’m going to use the Obama playbook’ and go pretty far. The difference between Hillary Clinton and Donald Trump is not going to be one of lawlessness but of the policies they pursue.”…

Trump could justify an all-out assault on the Islamic State by pointing to the same kinds of authority that allowed the Bush administration to use torture against alleged terrorists and allowed the Obama administration to expand the use of drones to kill terrorist suspects. Recent presidents have used their constitutional authority as commander in chief even to take actions that are specifically restricted by law.