Was the American presidency meant to be weak, or was it powerful from the start?

In this episode of This Constitution, Savannah Eccles Johnston sits down with Dr. Sai Prakash to examine the original design of Article II and how George Washington shaped the presidency in practice. They explore the Vesting Clause, the creation of a unitary executive, and why early Americans ultimately embraced a strong president after rejecting monarchy.

The conversation then turns to the modern “living presidency.” Executive power has expanded through precedent, practice, and political necessity rather than constitutional amendment. From war powers to campaign mandates, Professor Prakash argues that today’s presidency is stronger than ever while Congress grows weaker.

At stake is a central question. Can constitutional balance be restored, or are we drifting toward government by executive alone?

In This Episode

• (00:00) Introduction to Dr. Sai Prakash and his forthcoming book on the presidential pardon
• (02:11) Washington as commander in chief and father of the Constitution
• (03:26) The anti-monarchical moment and weak state executives
• (04:36) The Philadelphia Convention and the move to a unitary executive
• (06:50) Creating the presidency with George Washington in mind
• (07:44) Comparing the presidency to an elective monarchy
• (11:27) Washington’s theory of executive authority
• (12:39) The Vesting Clause and foreign-affairs power
• (15:07) How Article II came to be seen as weak
• (17:31) The rise of the living Constitution
• (19:09) War powers and presidential precedent
• (21:27) Delaying statutory mandates and administrative reinterpretation
• (23:24) Is a living presidency necessary?
• (25:58) Campaign promises and the idea of a presidential mandate
• (27:00) The presidency as law-enforcement officer, not policy engine
• (28:30) Congress’s institutional decline
• (29:19) Restoring constitutional balance

Notable Quotes

(06:50) “We kind of created this office with George Washington in mind.” — Sai Prakash

(12:39) “The Constitution grants executive power. It’s a suite of powers related to law execution and foreign affairs.” — Sai Prakash

(19:29) “The strongest declaration of war is from the mouths of cannons.” — Sai Prakash

(25:03) “We can’t wait.” — Referencing modern executive justification for unilateral action

(27:00) “The president is meant to be the institution of law enforcement, not primarily about making law.” — Sai Prakash

(29:19) “Letting a president get away with usurping another branch’s authority today might be in your short-term interest, but it isn’t healthy for the country.” — Sai Prakash