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Julian Zelizer: Can Obama and Congress share power?

[Julian E. Zelizer is a professor of history and public affairs at Princeton University's Woodrow Wilson School. He is the co-editor of "Rightward Bound: Making America Conservative in the 1970s" and is completing a book on the history of national-security politics since World War II, to be published by Basic Books. Zelizer writes widely on current events.]

Executive power has been one of the defining characteristics of President George W. Bush's administration.

President Bush, Vice President Dick Cheney and many members of the White House pushed to expand executive power -- as much as any specific domestic or foreign policy -- from the beginning of the administration.

The Bush administration formed in a direct conversation with the presidential politics of the 1970s. Several members of the Bush administration came of professional age working in the Nixon and Ford administrations.

They watched an assertive Congress respond to the Watergate scandal by revitalizing legislative power through the War Powers Act of 1973, the Budget Reform of 1974, the Foreign Intelligence Surveillance Act, and the Independent Counsel Act in 1978.

The Bush administration thought vesting Congress with so much power was dangerous, because it saw the legislative branch as inefficient. Building on efforts since President Ronald Reagan to reverse the congressional reforms of the 1970s, the current White House spent enormous political energy, before and after 9/11, trying to reclaim power for the executive branch.

The expansion of presidential power is not unique to the Bush administration. It began early in the 20th century and, despite some exceptional periods such as the 1970s, continued steadily throughout.

But in several respects, this expansion was bigger in scale and scope than under previous presidents. For example, as a way to agree to legislation without agreeing to follow the intention of Congress, Bush issued statements when he signed bills -- doing so far more frequently than preceding presidents.

When Congress passed a bill banning the use of torture in December 2005, Bush added a signing statement allowing him to bypass the law in his role as Commander-in-Chief.

Bush also used executive orders to achieve policy objectives without obtaining congressional consent. Most of the president's national security programs were also conducted under high levels of secrecy and sometimes ignored rules such as those spelled out by FISA....

The chances for restoring a better balance of power remain unclear. There was a notable silence on the issue during the 2008 presidential campaign....
Read entire article at CNN