The President and His Powers (1916)

Summary

William Howard Taft's "The President and His Powers" argues that the powers of the U.S. President, as derived from Article II of the Constitution, are largely defined by the explicit grants of authority within that article, rather than inherent or implied powers. Taft, himself a former President and Chief Justice, asserts that the President's authority is circumscribed by law and precedent, emphasizing a strict constructionist view of presidential power. The book aims to clarify the President's role and limitations, providing a legal and historical analysis of the office.

Readers gain a detailed understanding of the constitutional basis for presidential actions and the boundaries of executive authority. Taft addresses key areas such as the President's role as Commander-in-Chief, the power to appoint and remove officials, treaty-making, and the veto power, grounding his arguments in constitutional text and historical practice to illustrate the intended scope of the executive branch.

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Key concepts

• Executive Power Clause — The constitutional grant of authority to the President, interpreted by Taft as defining the scope of his powers.
• Strict Constructionism — Taft's approach to interpreting the Constitution, emphasizing adherence to the literal text and explicit grants of power.
• Commander-in-Chief — The President's role as head of the armed forces, with powers defined by Taft within constitutional limits.
• Removal Power — Taft's analysis of the President's authority to dismiss executive branch officials, based on constitutional interpretation.