<<  <  >  >>

the dawn of the 20th century. With Theodore

enjoyed free rein.

Roosevelt's administration, Hayes's prophet-

ic vision became reality.

President Woodrow Wilson

The administration of Woodrow Wilson

President Theodore Roosevelt

was marked by the acquisition and exercise of

Vice  President  Roosevelt  succeeded

"dictatorial powers," the Senate Special

President William McKinley on September 14,

Committee on National Emergencies and

1901, six months after McKinley was sworn in

Delegated Emergency Powers would later

for a second term. Thus, McKinley served as

conclude.9 2 Just as Lincoln had served as an

president for four years, six months, while

example to Wilson, the committee observed,

Roosevelt served for seven years, six months.

"Wilson's exercise of power in the First World

Yet Roosevelt issued 1,006 executive orders;

War provided a model for future presidents

McKinley issued only 51.8 6 Indeed, during

and their advisors."9 3 Using a presidential

Roosevelt's administration, in 1907, the U.S.

directive, Wilson was the first president to

Department of State undertook the first effort

declare a national emergency.9 4 Following

to identify and number executive orders.8 7

that declaration, Wilson used presidential

directives to exercise emergency authority. He

Roosevelt's aggressive (albeit, not yet

was the first president to create federal agen-

Napoleonic) use of executive orders and

cies with presidential directives--for example,

executive powers ushered in the Progressive

the Food Administration, the Grain

Era, when the modern view took hold that

Administration, the War Trade Board, and

government should be in the business of

the Committee on Public Information.9 5

solving a vast array of social "problems."

Although Roosevelt is well-known for char-

Wilson proclaimed a national emergency

acterizing the presidency as a "bully pulpit,"

on February 5, 1917, two months before

Congress declared war.9 6 Unlike with later

his words and deeds made it clear that he

perceived a far greater potential in that

emergency proclamations, however, most of

office. In asserting what is referred to as the

Wilson's emergency powers did not survive

stewardship theory of executive power,

his administration; for under a joint resolu-

Roosevelt expressly "declined to adopt the

tion passed on March 3, 1921, the day before

view that what was imperatively necessary

President Warren Harding was inaugurated,

for the Nation could not be done by the

most wartime measures delegating powers to

the president were repealed.9 7

President unless he could find some specific

authorization to do it."8 8 To the contrary, he

President Franklin Roosevelt

stated that it was "his duty to do anything

Using a presiden-

that the needs of the Nation demanded

President Franklin Roosevelt was inaugu-

tial directive,

unless such action was forbidden by the

rated on March 4, 1933. In his inaugural

Wilson was the

Constitution or by the laws."8 9

address, he stated:

Throughout Roosevelt's administration,

first president to

It is to be hoped that the normal

only muted efforts were made to check his

declare a national

balance of Executive and legislative

use of presidential directives. Congress did

emergency.

authority may be wholly adequate to

prevent the execution of certain executive

meet the unprecedented task before

orders regarding federal land administra-

tion.90 And Roosevelt's directive providing a

us. But it may be that an unprece-

dented demand and need for unde-

disability pension to all Civil War veterans

layed action may call for temporary

age 62 or older--an entitlement with an

departure from that normal balance

annual price tag of between $20 million and

of public procedure.

$50 million--was criticized for having been

taken without congressional authorization.9 1

I am prepared under my constitu-

tional duty to recommend the mea-

For the most part, however, Roosevelt

15