Quick Off the Mark? In Favor of Empowering the President-Elect

Nina A. Mendelson[*]

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Introduction

The United States’s presidential transition period is too long.  Between November 7, 2008, and January 20, 2009, the media quickly identified a “‘leadership vacuum.’”[1]  In contrast to those of President-elect Obama, President Bush’s approval ratings were at historic lows.[2]  One reporter commented in late November, “The markets, at least, seem to be listening to one [P]resident—and he’s not the one in the Oval Office,”[3] and another noted that “everyone . . . ignores the actions of the lame duck.”[4] 

Meanwhile, President-elect Obama was faced with numerous calls for immediate action on the nation’s pressing economic and national security concerns.  A December cover of Time magazine blared, “Why Obama’s Presidency Has Already Begun . . .,”[5] and Congressman Barney Frank commented, “‘[Obama] says we only have one president at a time. . . .  I’m afraid that overstates the number of presidents we have.  He’s got to remedy that situation.’”[6]

Despite repeatedly stating that America has “‘only one [P]resident at a time,’”[7] his care in asserting no formal power, and his avoidance of foreign affairs issues,[8] Obama prior to inauguration acted in many ways as if he were President.  On economic matters, he made announcements regarding his own massive economic stimulus plan,[9] held bipartisan meetings with members of Congress, and called for congressional action on economic stimulus measures.[10]  He described the type of climate change legislation he would endorse upon taking office.[11]  Obama also encouraged President Bush to offer financial assistance to the automobile industry, and it is possible that his statements may have influenced Bush to actually do so[12]—just as with his urgings regarding bailout funds to the financial industry.[13]  In response to questions about his “much higher profile,” Obama publicly commented in November on the importance of the American people knowing that “‘their new [P]resident has a plan and is going to act swiftly and boldly’ . . . .”[14]  In short, Obama’s preinaugural statements appear to have influenced both government decisionmakers and the general public.