ABSTRACT

Because government is so large and complex, the best way for a president to “control” the executive branch is to manage it indirectly.1

Judith E. Michaels understands that administrative appearances are misleading. Constitutionally, presidents appear at the apex of authority in Article II. For example:

• “The executive power shall be vested in a President . . . ” (Article II, Section 1);

• “The President shall be Commander in Chief of the Army and Navy of the United States . . . ” (Article II, Section 2);

• “[H]e may require the Opinion, in writing, of the principal officer in each of the executive Departments, upon any Subject relating to the Duties of their respective offices . . . ” (Article II, Section 2);

• “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall deem necessary and expedient . . . ” (Article II, Section 3); and

• “[H]e shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States” (Article II, Section 3).