Managing Conflict, Magnifying Power: Federalism, Executive Power, and U.S. Constitutional Development

Nicholas F. Jacobs

Colby College

Introduction

As the United States celebrates its 250th anniversary of independence from Great Britain, the images and stories that accompany the commemoration carry with them a profound irony. A country that extols rule by and for the people has always been deeply interested in the rule of one person—the president.

There are no obelisks to Supreme Court justices, no memorials to former Speakers of the House. Instead, ours is a country of mausoleums to generals turned statesmen, of portraits of lawyers schooled in the arts of diplomacy, of great orators who spoke on behalf of “the people.” Many contemporary critics—often depending on who holds power—find common cause with the Constitution’s original opponents, the Anti-Federalists who warned that the new design “squints toward monarchy” (Warren 1788), amounts to nothing more than “an elective king” (Henry [1788] 1836), and risks becoming the “very engine of tyranny” (Cato [1787– 1788] 1981). Yet it is difficult to imagine the United States reaching its 250-year anniversary without the very presidential fortitude they feared. The office’s capacity for visible, decisive leadership has often proved vital precisely when faith in self-government has been most gravely tested: Lincoln’s resolve in the Civil War, Kennedy at the nuclear brink, Roosevelt steering the nation through the allure of global fascism and communism. Moments of executive energy have preserved the Union when nothing less than national survival was at stake.

Since the Revolution, Americans have struggled to reconcile their devotion to liberty with their recurring demand for decisive executive power. While the framers believed that their “constitutional executive” had made the kingly prerogative subject to law and institutional checks, their “ambivalence of executive power,” as Harvey Mansfield (1989) famously writes, gave rise to an office that is simultaneously weak and strong—sometimes “a mere clerk of the law,” carrying out legislative will, and at other times compelled by its personal character to persuade, to rouse, to rule. The history of the American presidency reflects that ambivalence. The “weak” ones are relegated to the dustbin of history and to cryptic final Jeopardy answers; the “strong” ones personify the promise of self-governance itself.

Still, if the presidency was one great innovation of 1787, it was rivaled by another whose importance has been less memorialized but no less consequential: federalism. There are no monuments to it, no portraits of its champions on the country’s currency. But federalism was the institutional design most hotly contested in Philadelphia and most deeply entangled with the promise of self-government. It is the answer to the fundamental question: can Americans realize the promise of self-government at such a grand scale? As Madison explained in Federalist No. 51, liberty would not be secured by the separation of powers alone but by multiplying “auxiliary precautions” across levels of government, forcing national leaders to contend with rival state authorities: the compound republic, in its set of overlapping and duplicative relationships, in which presidents, legislators, and state officials were forced into a constant process of bargaining and justification. If the presidency embodied the puzzle of energy and restraint in one office, federalism embodied the enigma of unity and rivalry in one system.

However, precisely at a moment when modern governance renders their separation untenable, the connection between federalism and executive power remains deeply undertheorized. The Federalist Papers treat them largely in parallel—Hamilton extolling executive energy, Madison defending rivalry between governments—and rarely pauses to consider their interaction (Ostrom 1971). The result has echoed through subsequent scholarship: federalism is cast as a brake on consolidation, the presidency as the engine of national action, but seldom as mutually constitutive parts of the same design. That analytic division made sense when administration was limited in scope and federal-state interdependence modest. It makes far less sense in an era of national markets, administrative states, and permanent crisis management, where executive action and intergovernmental relations are structurally intertwined. My argument is that energy in the executive and rivalry across levels were co-original inventions, meant to coexist as parallel mechanisms for sustaining republican government. To understand how the presidency has become the coordinating center of modern governance and why federalism so often survives in form but not in disciplining function, we must bring them back into the same analytic frame.

In doing so, this essay shifts the lens from measuring the magnitude of presidential power to tracing the federated relationships that have long disciplined it. Simple assessments of the “size” of the office are as often opportunistic as they are analytic. The presidency is always said to be too big when occupied by one’s opponents, yet indispensable when crises or partisan causes demand executive force.

Rampant presidentialism—our collective tendency to treat presidential initiative as both the measure and the solution of every political problem— does threaten our constitutional order, but having a strong presidency does not. So many of the modern critiques of presidential power are but modern refrains of Anti-Federalist barrages, which is why, once ensconced with power, few are willing to seriously scale back the office; they see its promise, alongside the peril. In tracing the logic of federated relationships and its development throughout the history of the republic, this essay shows that the danger lies less in the existence of an energetic presidency than in the erosion of the rival federated institutions that once disciplined it.

KEYWORDS: Presidential Federalism, Unilateral Executive Power, Separation of Powers, Administrative State, Polycentric Governance

Jacobs, Nicholas F. 2026. “Managing Conflict, Magnifying Power: Federalism, Executive Power, and U.S. Constitutional Development.” Markets & Society 2 (1): 108—127.

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