Implied Powers of the Presidency

Newswise — "There is enormous historical precedent for the president in these actions," says UAB political scientist Holly Brasher, Ph.D. "The Constitution includes 'implied powers' for the president based on the different wording in Article I and Article II. Other presidents have used the implied powers to do other extraordinary things, such as when Lincoln suspended habeas corpus. Franklin Roosevelt also suspended the sale of American-made munitions overseas even before we were in the war, arguing that he had the right to control private enterprise for the national welfare. Truman broke a strike illegally. So there is a long history of presidents using their implied powers to do extra-legal things. And almost universally, the Court has upheld the right of presidents to do this. Almost anytime there is a question, it goes in favor of executive power." Brasher's research focus is Congress, the presidency and public opinion about political parties. She has published articles in several scholarly journals. She is co-author of the textbook "Organized Interests and American Government."