The Presidency

1. The Presidency Chapter 12

2. Original Intent The framers created a presidency of limited powers that would stay clear of parties and factions. enforce laws passed by Congress handle foreign relations enforce peace and order Strong enough to balance Congress but not strong enough to overpower Congress. combined the ceremonial head of the nation with the chief executive of government Four year term with no limits.

3. How to Select Framers debated proper method of selection Problem with Congress choosing Problem with direct election Electoral College original intent Length of term

4. Formal Qualifications The Constitution sets out very sparse qualifications for the president. 35 Natural born citizen Lived in the United States for 14 years (need not be continuous) Oldest and Youngest Presidents

5. Informal Qualifications Polls indicate that _________is the most important factor Honesty and Integrity Private character vs. public character Other important qualifications: Courage Experience Political Savvy A Sense of History and Constitutionalism Vision Listening and teaching skills Communication skills Morale-Building skills.

6. Election of Vice President Originally the VP was the presidential candidate who finished second in the electoral college. Each elector had two votes and cast one for their top two choices for president. Rise of political parties made this silly. Election of 1800 problem. 12th Amendment changes system.

7. Presidential Powers Constitution gives President broad powers Vesting Clause: Article II establishes the president�s authority to play three central roles in the new government: Commander in chief Diplomat in chief Manager in chief

8. President�s PowersCommander in Chief Intended to be a limited role balanced by Congress� power to declare war Civilian Control of Military Congress often cedes authority to the President during a crisis Changing Role of US Military Undeclared Wars

9. President�s PowersDiplomat in Chief Article II makes the president the head of foreign policy. The supreme court has interpreted the constitution to give the president broad discretion in foreign policy. President has the authority to negotiate treaties. Have the force of federal law. Must be ratified by a 2/3 vote of the Senate. President can also make executive agreements

10. President�s PowersManager in Chief President is charged by the Constitution with ensuring that the laws are faithfully executed. Must rely on subordinates. Must make numerous appointments Must manage Administrative agencies created by Congress to handle governmental business President is boss in chief over everyone in the executive branch.

11. Presidents as Recruiters Recruiting good people getting more difficult Ethics in Government Act of 1978 Much lower pay than the private sector, and cost of living in Washington is high Take a great deal of grief Often must settle for a second or third choice Appointees often don�t serve for a full four-year term. Many vacancies below cabinet head level

12. Appointment Power Gives presidents the ability to control what happens inside departments and agencies. President generally chooses appointees on the basis of party loyalty, interest group pressure and management ability. Recess Appointments What are they Why does Congress hate them?

13. Confirmation Politics With cabinet appointments, Congress has generally been deferential Only nine proposed cabinet members have been rejected. Many more have been forced to be withdrawn because it became clear confirmation was unlikely. Many more judicial nominees have been rejected. 28 of 145 Supreme Court nominees have been turned back by the Senate.

14. Veto Politics The President�s veto power means that he can have a lot of control over legislation. Congress can override with 2/3 vote Only 10% of all presidential vetoes have been overridden The threat of a veto can often force a compromise so that the bill is acceptable to the president. Vetoes more common with divided government

15. Other Presidential Powers The Pardon Power The president can pardon, grant clemency or commute the sentence of anyone accused of a federal crime. President must use delicately. In modern times presidents typically exercise in last months in office. The Take Care Power Gives the president the power to ensure that laws are faithfully executed. The Power to Inform and Convene Congress Special Secession of Congress Rare Now. Reason?

16. Presidential SuccessionTwo-Term Limit The original Constitution gave the president unlimited terms. After FDR, the 22nd amendment limits a president to two terms. Myth of �unofficial� two term limit established by Washington. Also fear of an imperial presidency. Downside to two-term limit President becomes a lame duck in the second term. President�s power declines dramatically in his final two years. People can�t re-elect a popular and successful president. Unlikely that will be changed back.

17. Twenty-Fifth Amendment VP automatically takes over as president if Pres. dies, resigns or is removed from office. Clears up ambiguity in original Constitution John Tyler and the 25th Amendment

18. 25th AmendmentPresidential Disability No provision in original Constitution for disabled president Voluntary Disability Letter to Congress Frequently invoked Involuntary Disability Never invoked VP and Majority of Cabinet 2/3 vote of both Houses if President contests

19. Twenty-Fifth AmendmentVice-Presidential Vacancy Allows president to fill vacancy in VP Must be confirmed by majority of both houses Happened Twice Gerald Ford Nelson Rockefeller

20. Presidential Succession After VP Presidential Succession Act of 1947 Speaker of House Pres. Pro Tempore Cabinet in order offices created Never gotten below the VP Surprising Unlikely now with 25th Amendment.

21. Controversy Between The BranchesThe War Power Congress has power to declare war, the president is the commander in Chief. Numerous undeclared wars. Presidents� argument War Power Act passed over Nixon�s veto Provisions of War Power Act Practical effect of Act

22. Controversy Between The Branches Executive Privilege Executive Privilege defined. Implied privilege. Rationale Legal Practical Washington, Madison and Jefferson all invoked executive privilege. Got a bad name during the Watergate scandal Clinton invoked frequently; Bush and preparation for Iraq War.

23. Executive Privilege U.S. v. Nixon (1974): The Privilege does not protect a president from turning over incriminating information. Cannot be used to protect the president personally.

24. Controversy Between The Branches Executive Orders Order issued by a president or governor that has the force of law. Relates to areas within the president�s operation of executive branch Integration of military, e.g. Not in the Constitution, but a generally accepted practice. Can be challenged in the courts and can be overturned by subsequent presidents. Makes congress nervous. Why? Clinton used them frequently; favored tool of presidents facing a congress from the other party.

25. Controversy Between The Branches Budget and Spending Politics Budget and Accounting Act of 1921: President is required to submit annual budgets to Congress. Also established the Bureau of Budget that morphed into the OMB in 1970. Nixon and impoundment. refusal of a president to spend money authorized by Congress. 1974 Congressional Budget and Impoundment Control Act

26. Controversy Between The Branches Budget Politics In 1974 Congress tried to regain power over the drafting of the budget by specifying that both the president AND Congress should propose an annual budget. In 1985, Balanced Budget and Emergency Deficit Control Act. Since the early 1980s the Budget has been the most contentious issue in Congress. Continuing resolutions. Surpluses in the late 1990s reduced budget battles temporarily, but again an issue. Line-Item Veto

27. Presidential Power The power an individual president depends on a number of factors character and energy needs of the time party balance in Congress values and desires of the citizens challenges of current events.

28. Growth of Presidential Power The power the president has steadily grown through history Most of those who have been noted as great presidents have extended presidential power. Once extended it is hard to get it back. Washington Lincoln Jackson both Roosevelts

29. Reasons Presidential Power Has Expanded Congress has delegated power to the president in times of emergency Supreme Court has looked favorably on expansive powers for the President. Growing threat of war The Media aids presidential power Growth of federal role in social and economic matters

30. Presidents as Administrators President is charged with ensuring that the laws are faithfully executed. President must rely on subordinates. Executive Branch has many administrative agencies created by Congress to handle various aspects of governmental business Environment Defense State Housing Education President is boss in chief. He is the boss to everyone in the executive department

31. The White House Staff The President increasingly has come to rely upon staff. More loyal and reliable than cabinet. Why? Must be careful not to rely too much on staff Staff today numbers about 400. Staff have 6 primary functions domestic policy economic policy national security or foreign policy administration and personnel matters congressional relations public relations.

32. Institutionalized Executive Office The Executive Office of the President was created in 1939 at the recommendation of FDR. Purpose: help the president carry out the growing responsibilities of the office, especially those caused by the great depression. Made up of: Office of Management and Budget Council of Economic Advisors Other support groups

33. Office of Management and Budget (OMB) OMB is the central presidential staff agency. Director advises the president in detail about the numerous other governmental agencies. how much funding each should have. how well each is performing clears all agency policy recommendations before passed on to President Prepares budget President submits to Congress Is a central watch-dog over all agencies to make sure that they stay on the same game-plan with the President.

34. The Cabinet Cabinet: Presidents central advisors. Typically defined as the head of the 15 executive departments, Vice-President and others. Some presidents will treat others as �cabinet level� Cabinet is not mentioned in the Constitution, but was established by Washington. Selection of Cabinet sets the tone for the President�s new administration.

35. Cabinet Use of the cabinet has varied from President to President. President is not required to meet with them. Often tension between the president�s staff and cabinet members. Why? Staff and sometimes presidents begin to discount advice of department heads Kitchen Cabinet

36. Vice Presidency One-in-five Vice Presidents have become President because of death or resignation. Five of our last 11 presidents have been vice presidents at some point. Humphrey, Mondale and Gore were nominated by their parties. Vice Presidency is a much more important stepping-stone to the presidency than it once was.

37. The Vice Presidency The VP has only three formal duties: Preside over the senate break ties, help decide questions of presidential disability. VP has filled unexpired terms nine times. 4 assassinations, 4 deaths, 1 resignation. Some have been disasters�Tyler, Andrew Johnson Some have been surprise successes�T. Roosevelt, Truman, Chester Arthur.

38. The Vice-President President defines VPs other duties. Historically, the VP played a very limited role. Reasons: Often selected to balance the ticket had views different from the president. VP was often a former rival; not trusted. Presidents have been hesitant to share power. VP can�t be fired, thus hard for the president to control.

39. History of the VP A dead-end job a way to get rid of troublesome politicians. Some dreadful VPs. VP was often selected for political reasons VP�s were often jettisoned between elections Historically, VPs have had little direct involvement in government. Why?

40. Changing VP Gore and Cheney have had a larger role in government. Prior to 1944 Van Buren was the last VP to become President without benefit of president dying. 1836. Since 1944, Truman, Nixon, Johnson, Bush all former VPs who won on their own. Gore, Humphrey, Mondale all former VPs who got party nomination. In modern politics VP has become a stepping-stone to presidency. Reasons?

41. Informal Job Duties President as Morale Builder President is the symbolic head of state President as national spokesman, motivator and inspirational leader. Radiate national self confidence; instill a sense of pride lead national mourning bring out the best in the nation

42. Presidents as Recruiters President must bring in good people to serve in Government. President typically makes over 4000 appointments. Who appointed can have lasting impact Factors in selecting Reward supporters Send message regarding priorities and policies Forge ties within the party. Forge ties with Congress by appointing one of their own.

43. Informal Job Duties Presidents as Agenda Setters President has an important role to play in setting the national agenda. State of the Union Speech. One of the ways in which the president has increased in power. Teddy Roosevelt and Woodrow Wilson Presidents punished by the voters when they fail to lead in setting the agenda.

44. Economic Policy No Constitutional authority over economic policy Exercised power ever since New Deal. Works to keep unemployment low, fight inflation, keep taxes down and promote economic growth. Presidents held responsible for economy Presidents rely upon Sec. of Treasury Council of Eco advisors Director of Office of Management and Budget.

45. Domestic Policy President must be a leader in recognizing domestic issues, finding solutions to them and leading the nation so that has support Civil Rights, Medical Care, Social Security

46. National Security Policy The Constitution gives the president a great deal of leeway in setting foreign policy. President has command of the two major instruments of foreign policy�diplomatic corps and armed forces. Also power to negotiate treaties. Supreme Court has ruled that the President is the sole organ for handling foreign relations within the confines of the Constitution. (United States v. Curtiss-Wright)

47. Presidents as Persuaders One of the president�s chief jobs is to rally public opinion behind his programs. Presidents pay close attention to public opinion. Sometime they lead it and sometimes they follow it, but Presidents can�t afford to take actions or propose policies that are too far from public opinion. Presidents are constantly commissioning public opinion polls so they understand what the country is thinking.

48. Presidents as Persuaders Media, though press-conferences, speeches, television appearances, etc. is an important avenue of the president�s for shaping public opinion. President�s relations with media can be testy. Reasons.

49. Presidents as Party Leaders The President is leader of the party. Strength of that leadership is dependent on the strength of the president. Weak presidents have a harder time controlling their party and this increases their ineffectiveness. Tyler Johnson Carter

50. Tension Between President and Congress Built in tension between the president and congress. Each wants to set the legislative agenda. Each is jealous of its own powers While the separation of powers and divided government can be obstacles and can slow down legislation, often this leads to better legislation.

51. Different Constituencies Presidents represent the nation as a whole Presidents are less apt to feel pressured by special interests. Congress represents regional interests and various ethnic and economic interests. They tend to adopt a more narrow and parochial view. This dramatically affects their perspective.

52. Competing Calendars Congress and the President have different perspectives because of difference in the length of term and never all up for election at the same time, Also, subject to different electoral forces and issues. Voters can only vote out a part of the government at a time. President tends to move quickly to get his agenda passed early in his term when his popularity is still high. Congress, though, tends to move more slowly, which results in conflict and deadlock. Many in Congress assume they will outlast the president and thus don�t feel much pressure to move on his agenda.

53. Competing Campaigns Most members of Congress are able to finance their reelection campaigns without significant help from the White House or party. Affect on influence of president? Thus, President�s party is not loyal if would damage own interests. This weakens the president�s ability to get what he wants even when his party does control Congress. Still, partisan affiliation is the best predictor of how a congressman will vote on key issues that become partisan battles.

54. Fluctuating Public Support Public�s fluctuating support for Congress complicates divided government. Generally public likes the president better than Congress as an institution. When the President becomes unpopular and especially when the president has gotten into trouble, public turns to Congress and wants to strengthen it.

55. The Need for Supermajorities While we think of Congress as operating on a majority rule principle, in many important cases a supermajority is needed. Need 60 votes for cloture to get some controversial legislation passed. 2/3 needed for a proposed treaty 2/3 needed to override a presidential veto Supermajorities are hard to get

56. Influencing Congress Presidential Mandate A mandate is the perception that the president�s election is a signal from the voters that they want the government to do a particular thing. Presidents often claim a mandate to do those things that have been at the center of their campaigns. Most likely when a president has won decisively and their has been an issue that has clearly separated the candidates. The power to push a mandate is strongest in the first year of a new presidency. In reality, there are few presidential election mandates.

57. Public Approval Mandates (and pressure on congress) are more likely to come if president has high public approval Public approval is ephemeral. Presidents try to strike while the iron is hot. Presidents also work very hard to increase and manage their public approval through public appearances and efforts to shape and spin the media coverage of them. Obama and Internet Obama and press Conferences.

59. Presidents as Coalition Builders The President must work well with Congress behind the scenes to build coalitions and support for his policies. May be the most important skill a president can have. President�s power to command is limited, so the president must be able to persuade and bargain. No permanent enemies or friends. President has potent bargaining chips patronage defense contracts federal spending support for a Congressman�s pet bill Presidents are best at arm twisting indirectly

60. Bush and Public Opinion

61. Judging Presidents Presidents who are considered �great� have typically had to deal with a crisis War Depression Establishment of the country Cold War TR is an exception, but he is exceptional It takes at least 20 year to get a fair judgment on a President. Have to get the historical perspective to see what the results of the president�s policies were. Have to get beyond the politics and partisanship of the day. Truman a classic example.