December 2020 – Conversation with Senator Elect Heidi Campbell
Conversation with Senator Elect Heidi Campbell
December 2020 Hot Topic – Presidential Powers & The Constitution
Speaker: Jim Blumstein, Vanderbilt University Professor of Constitutional Law and Health Law & Policy
As our nation struggles with the fallout of the November Presidential Election, our December Hot Topic could not have been timelier. Dr. James Blumstein, Vanderbilt University Professor of Constitutional Law and Health Law & Policy, spoke via Zoom on “Presidential Powers and the Constitution.”
Professor Blumstein noted that for a constitution to work, a country must have a “culture of constitutionalism.” In other words, the citizens must be willing to accept the constitution and abide by its rules and outcomes. Self-restraint is vital—otherwise, it becomes just words on
paper. He added that a culture of constitutionalism must also have elements of custom and practice. In some cases, the constitution itself may not exactly spell out a practice, but the country develops traditions of practice for carrying out its provisions. These can be renegotiated,
of course, but sometimes at great cost.
Professor Blumstein then turned specifically to Executive Powers in the Constitution, as well as the separation of powers. The US Constitution grants the President tremendous authority, some through inherent powers, but also enhanced by statute, as well as custom and practice. The President’s powers, however, have been somewhat restrained through the Uniform Administrative Procedures Act, which was adopted shortly after World War II, to place parameters on the authority of executive branch departments.
Most 21st Century Americans would probably be surprised to learn that the US Constitution actually doesn’t mandate that Presidents to be elected at all—the selection falls to each state’s legislature. In the earlier years of our nation, there were no popular elections for the President. Today, however, all 50 states have elected to allow popular elections.
Questions followed Dr. Blumstein’s remarks on wide-ranging topics such as Presidential pardons, the Electoral College, the power of the President to negotiate with other countries without the consent of Congress, and challenges to the US Census process.