If elected to a second term, President Biden has made a pledge that he will seek congressional approval to initiate major wars. However, he also believes that he has the authority to direct limited U.S. military operations abroad without such approval if they serve critical American interests. In response to a New York Times survey on executive power, Biden stated that he has been careful to ensure that military actions carried out under his command comply with the constitutional framework and that his administration consults with Congress to the greatest extent possible. He intends to continue applying this framework to any potential actions in the future.
This response differs from Biden’s stance in 2007 when he was running for president and held a narrower view, stating that only Congress has the authority to authorize war and the use of force unless it is in response to an attack or an imminent threat of attack.
The New York Times survey asked presidential candidates about the scope and limits of a president’s power to act unilaterally or in defiance of statutes, particularly in areas such as war, secrecy, and law enforcement. Biden’s answers demonstrate how his view of executive power has evolved over the years, both during his time as Barack Obama’s vice president and now as president himself.
Only a few Republican candidates participated in the survey, including former Vice President Mike Pence, former Gov. Asa Hutchinson of Arkansas, and Mayor Francis Suarez of Miami, who has since suspended his campaign. Other notable candidates, such as former President Donald J. Trump, Gov. Ron DeSantis of Florida, and Nikki Haley, the former ambassador to the United Nations, declined to participate.
The Times has published the full responses of participants, including Biden and two of his Democratic challengers, Robert F. Kennedy Jr. and Marianne Williamson. However, Biden did not embrace the idea of curtailing emergency powers enacted by Congress that allow presidents to take action in exigent circumstances. This refusal to support reform reflects a shift within the Republican party that began during the 2016 primary when Trump emerged as the front-runner.
Regarding pardons, all candidates who answered the survey agreed that a president cannot pardon themselves. While Trump claimed he had the legal right to do so while in office, the constitutionality of this question remains ambiguous and untested. It could become significant if he were to win the 2024 election while facing criminal charges in federal cases.
Although Trump did not participate in the survey, many questions addressed disputed assertions of executive power made during his presidency. Trump and his allies openly plan to expand his authority over the government if he were to win in 2024, while DeSantis has also advocated for an expansive view of executive powers as Florida governor.
The refusal of these candidates to answer questions about the powers they seek reflects a larger shift within the Republican party and contrasts with previous primary campaigns where most candidates were willing to answer similar questions.
In 2019, Biden already embraced a broader view of executive power, one that is shared by both Democratic and Republican administrations, allowing limited attacks on other countries without congressional authorization as long as it falls short of full-scale war. Both Trump and Biden used force unilaterally during their presidencies, citing their claimed constitutional authority to do so without congressional approval.
When it comes to issues such as pardons and legal policy, candidates’ commitments during the campaign do not necessarily guarantee their actions once in office. However, their statements can provide insight into their positions and help hold them accountable to voters.
Overall, the survey sheds light on candidates’ views on executive power and offers a means to analyze any deviations from their campaign promises. Biden’s answers demonstrate his evolving perspective on these issues, influenced by his time in the Obama administration and his current role as president.
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