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88 B.U. L. Rev. 505 (2008)
Eleven Reasons Why Presidential Power Inevitably Expands and Why It Matters

handle is hein.journals/bulr88 and id is 515 raw text is: ELEVEN REASONS WHY PRESIDENTIAL POWER
INEVITABLY EXPANDS AND WHY IT MATTERS
WILLIAM P. MARSHALL*
IN TRO DU CTION  ............................................................................................... 505
I. THE EXPANSION IN PRESIDENTIAL POWER .......................................... 507
A .  B ackground  ................................................................................. 507
B. Reasons Why Presidential Power Continues to Expand ............. 509
1. The Constitutional Indeterminacy of the Presidency ............. 509
2. The Precedential Effects of Executive Branch Action .......... 510
3. The Role of Executive Branch Lawyering ............................ 511
4. The Growth of the Executive Branch .................................... 514
5. Presidential Control of the Administrative State ................... 515
6. Presidential Access to and Control of Information ................ 515
7.  The  M edia  and  the Presidency  .............................................. 516
8.  The Presidency  in  Popular Culture ........................................ 516
9.  M ilitary  and  Intelligence Capabilities ................................... 517
10. The Need for Government To Act Quickly ........................... 518
11. The Increasingly Polarized Two-Party System ..................... 518
II.  A  CONSTITUTIONAL  IMBALANCE?  ...................................................... 519
III. RECALIBRATING THE BALANCE: SOME MODEST SUGGESTIONS ......... 521
INTRODUCTION
When I teach presidential power, the first thing I ask my students is to
imagine a different President in office. If they support the current President
and believe those who oppose him are doing so for partisan or otherwise
illegitimate reasons, they should visualize a President whom they completely
distrust. Conversely, if they dislike the current President, they should conceive
of the President in power as someone they support and that those opposing him
are acting illegitimately. This exercise is helpful, I believe, for focusing
attention on the underlying constitutional issues rather than upon the wisdom,
or lack thereof, of a particular President's policies.
Nevertheless, the exercise may be harder than it seems. Views as to whether
or not an exercise of presidential power is legitimate tend to be based less upon
legal abstractions than upon perceptions of the particular President in power.
Someone supporting a particular President, for example, is likely to believe
that Congress should not have the power to interfere with the President's
. William P. Marshall, Kenan Professor of Law, University of North Carolina. I am
grateful to the participants in this Symposium for their comments and questions and to the
editors of the Boston University Law Review for their edits and suggestions.

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