Corey Brettschneider - The Oath and the Office: A Guide to the Constitution for Future Presidents

Additional Praise for The Oath and the Office

No office in American government is more studied than the presidency, and no figure in American politics is more closely watched than the president. Brettschneider provides the judgment of a renowned constitutional scholar, dramatic cases, historical sweep, a gift for clarity, and a sense of moral urgency. This is a foothold from which we can survey the dangerous course the presidency has taken and our responsibility as citizens to defend the constitution.

Nancy Rosenblum, Senator Joseph Clark Professor of Ethics in
Politics and Government, Harvard University

Those who one day may find themselves behind the Big Desk in the Oval Office need to understand the limits of their power as well as its potential. Brettschneiders cogent and comprehensive users manualgrounded in sophisticated legal and political analysisis exactly the right place to start.

Gordon Silverstein, assistant dean for
graduate programs, Yale Law School

When the President does it, that means it is not illegal. So said Richard Nixon. What then are the limits on presidential action? Can the president of the United States pardon himself, fire anyone in the Executive Branch, or wage war without Congressional approval? Can California develop a foreign policy on immigration and sign international climate treaties? In an era of rising executive power, Corey Brettschneider provides an essential guide for citizens and aspiring office holders on the powers of the president and how the U.S. Constitution constrains that power.

Rob Reich, professor of political science, Stanford University

THE OATH
AND
THE OFFICE

A Guide to the Constitution
for Future Presidents

Corey Brettschneider

W. W. Norton & Company

INDEPENDENT PUBLISHERS SINCE 1923

NEW YORK LONDON

Copyright 2018 by Corey Brettschneider

All rights reserved
First Edition

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The Library of Congress has cataloged the printed edition as follows:

Names: Brettschneider, Corey Lang, author.
Title: The oath and the office : a guide to the Constitution for future
presidents / Corey Brettschneider.
Description: First edition. | New York : W.W. Norton & Company,
2018. | Includes bibliographical references and index.
Identifiers: LCCN 2018016664 | ISBN 9780393652130 (hardcover)
Subjects: LCSH: PresidentsLegal status, laws, etc.United States. |
Executive powerUnited States. | Constitutional lawUnited States.
Classification: LCC KF5051 .B74 2018 | DDC 342.73/0628dc23 LC
record available at https://lccn.loc.gov/2018016664

ISBN: 978-0-393-65212-3 (e-Book)

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For my daughter, Sophie Brettschneider

Contents

Y ou want to serve your country. You aspire to run for officeand not just any office. You want to be president of the United States.

If you succeed, you will control the most advanced technology ever conceived, much of it secret. You will be able to authorize missile strikes, negotiate treaties, and spy on people around the world. And with a vast payroll, you will now run the largest employer in the countrythe federal government.

For a moment, say that you win. You might hope to use this power to achieve great things such as ending poverty, providing affordable health care, or eliminating violent crime. You will have the ability to influence legislation and shape decisions about how to use the enormous federal budget. Lives, jobs, and trillions of dollars hang in the balanceand you have the ability to tip it. As you wave to your inauguration crowd through a blizzard of confetti, nothing seems out of reach.

Be careful: History might judge your presidency harshly. You dont want to be lumped in with Andrew Johnson, a president who opposed and undermined the core values of the

On the other hand, Abraham Lincoln, who directly preceded Johnson, is seen as one of our greatest presidents. Among his many achievements, he kept the country together by winning the Civil War and shepherded the passage of the Thirteenth Amendment, which abolished slavery. amendment accomplishing his goal. Lincoln was a great president because he understood how the office of the presidencyused as the Framers had created itcould preserve, protect, and defend constitutional values.

As we shall see, the oath requires that the president uphold the Constitutioneven parts with which he or she disagrees. If you fail to do so, youll end up with Johnson on the list of worst presidents. If you succeed, you can be remembered with Lincoln among the greats.

All presidents, from George Washington to Donald Trump, began their terms with dreams of accomplishing great things. But whether your presidency is monumental or disastrous will hinge largely on a simple thing: that you, a future president, understand how the responsibilities of the Constitution apply to your job.

W HAT DO you need to know to be president? Most of all, you need to know the US Constitution. As president, your first task is to recite the oath of office. Youll stand in front of your inauguration crowd, guided by the chief justice of the Supreme Court, and recite the following words: I do solemnly swear that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

This oath is your public contract with the American people, and reciting it is your first constitutional responsibility. Before you recite it, you must know what it means and where it comes from. The oath is found in Article II of the Constitution, which established the presidency and defined its powers and limits. Ratified in 1788 and amended three years later in 1791 with a Bill of Rights, the Constitution contains a series of The Constitution will serve as your blueprint for how to do the presidents job, helping you to anticipate the pitfalls that all presidents should avoid.

The oath itself is a reminder that your powers are conditionally granted and come with limits. The Constitution, in literally dictating your first instant in office, signals clearly that you are not free to act however you wish. Article II goes on to provide directions for what you must do and avoid. The oath is thus not merely a ritualit is a recognition that you temporarily occupy an immensely powerful office, and that you must internalize the demands and responsibilities that come with it. Notice that you are promising to preserve, protect and defend the Constitutionnot just to avoid violating it. In pledging to faithfully execute the office of the president, you promise to put aside your private interests to occupy a public and limited role on behalf of the American people. If you are not willing to work within these limits and take initiative to promote the document, the Oval Office isnt for you.