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5 - Creating the Presidency

from Part III - The Executive Power

Published online by Cambridge University Press:  22 May 2026

Ilan Wurman
Affiliation:
University of Minnesota Law School
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Summary

This chapter examines the creation of the U.S. presidency under Article II, arguing that the Executive Vesting Clause grants a limited power to execute laws, not a broad reservoir of executive authority. Unlike Article I’s enumerated legislative powers, Article II’s vesting of “the executive Power” omits “herein granted,” prompting debates over its scope. The chapter explores the Constitutional Convention’s intent and influences like Locke and Blackstone and contends that Article II’s opening grant primarily assigns the President the duty to execute Congress’s laws, with other powers – such as the commander-in-chief power or treatymaking – explicitly enumerated. It critiques expansive views, like Theodore Roosevelt’s stewardship theory, as deviations from the original, formalist design, which sought an energetic executive while ensuring the presidency would not devolve into monarchy. The chapter clarifies that the “unitary executive” debate concerns the scope, not unity, of presidential power, emphasizing that the Constitution cabins executive authority so that such authority can be safely entrusted to a single chief magistrate.

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  • Creating the Presidency
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.010
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  • Creating the Presidency
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Creating the Presidency
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.010
Available formats
×