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PSC 313 Major Course Themes

PSC 313 Major Course Themes. 1.) Gap between roles/responsibilities/expectations and power to carry them out; how do presidents resolve this? a.) informal powers b.) increase resources (build up institutional presidency) c.) politicize the bureaucracy d.) work on increasing legal powers

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PSC 313 Major Course Themes

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  1. PSC 313 Major Course Themes 1.) Gap between roles/responsibilities/expectations and power to carry them out; how do presidents resolve this? a.) informal powers b.) increase resources (build up institutional presidency) c.) politicize the bureaucracy d.) work on increasing legal powers 2.) Fiction of individual president governing vs. reality of institutional presidency 3.) Does history make the person, or does the person make history?

  2. THE CONSTITUTIONAL CONVENTION: DESIGNING THE PRESIDENCY • Two influences: • 1.) colonial experience---executives bad • 2.) Confederation experience---executives weak • Stages of Convention • a.) Virginia Plan • b.) Committee of Detail • c.) Committee on Postponed Matters • d.) Committee of Style • Much of presidential material was decided relatively late!

  3. BIG STRUCTURAL ISSUES • Strong executive faction vs. weak executive faction---in most cases, the strong exec guys won • 1.) Unitary vs. plural • 2.) Selection, re-electability, and term length • a.) rejection of popular election • b.) vacillation on legislative selection • c.) Electoral college proposed by CPM • (pre-XIIth Amendment EC) • ---perfect compromise or “Rube-Goldberg”-like mishmash? • d.) the complex intertwining of selection method, term length, and re-electablity

  4. STRUCTURAL ISSUES CONTINUED • 3.) Impeachment What’s an impeachable offense? 4.) Disability/Death/Resignation • “In case of the removal of the president from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President…and such officer shall act accoridngly, until the Disability be removed, or a President shall be elected” 5.) Complete Separation from Legislature --no simultaneous service --separate ballot, different election cycles

  5. PRESIDENTIAL POWERS IN THE CONSTITUTION • Enumerated Powers • (compare to status quo under Articles) • 1.) Veto • 2.) Commander-in-Chief • 3.) “Require the opinions of the principal officers” • 4.) Pardon • 5.) Makin’ treaties • 6.) Appointments • 7.) State of the Union (shall? may? must?) • 8.) Convene Congress (adjourn in very limited cases?) • 9.) “Receive Ambassadors”—narrow and broad interp

  6. PRESIDENTIAL POWERS IN THE CONSTITUTION • Implied/”Unenumerated” Powers • Three theories about implied powers: Taft, TR, Lincoln • Supposed sources of implied powers • A.) Vestment clauses (compare Pres. w. Cong) • B.) “Take care” clause • C.) Oath of office

  7. RANDOM CONSTITUTIONAL STUFF • 1.) Qualifications for presidency: age, residency, “natural-born citizenship” • 2.) Vice-Presidency was a fix for 3 problems • a.) what to do if president died or was disabled • b.) give meaning to the second vote for president in the EC (“consolation prize”) • c.) difficulties with Senator presiding over Senate

  8. RANDOM CONSTITUTIONAL STUFF CONTINUED • 3.) Presidency Issues in the Ratification Debate • a.) The Federalist Papers (pro-ratification)---compares presidency favorably to British monarch • B.) Letters of Cato (anti-ratification)---compares presidency unfavorably to current state governorships

  9. THE 19th CENTURY PRESIDENCY • Precedents set by George Washington • 1.) Accessible and popular but not a popular leader in modern sense • 2.) Promoted theory of sole presidential removal power • 3.) Reserved veto for constitutional issues, not policy disagreements • 4.) Issues with “advise and consent” clause • 5.) Unilateral proclamation of neutrality in 1793 • 6.) Unilateral recognition of French Revolutionary govenrment • 7.) Federalized (and personally commanded) state militias to deal with internal rebellion • 8.) First claim of “executive privilege” • 9.) Avoided direct involvement in legislative process • 10.) “Government of gentlemen” approach to political appointments

  10. 19th CENTURY PRESIDENCY • 1.) Screwed-up presidential elections of 1796 and 1800, led to 12th Amendment • 2.) Jefferson (1801-1809): policy and style changes but no reduction in president’s role • --party leadership in Congress • --Louisiana purchase • --enforcement of Embargo • 3.) Madison (1809-1817) : emergence of dominant Congress, War of 1812, breakdown of first party system • 4.) Monroe (1817-1825): passive on domestic policy, established Monroe doctrine

  11. 19th CENTURY PRESIDENCY • 1824: another screwed-up election • JACKSON (1829-1837)---a paradoxical president • ---Emergence of Second Party System • ---First use of veto for policy reasons • ---Asserted presidential control over bureaucracy • ---Spoils/patronage system: enhance or reduce presdiential power?

  12. LINCOLN • “Constitutional dictator” or “cautious ex-Whig”? • --April 1861: spending without congressional appropriations, suspending habeas corpus (and authorizing military trials for draft resisters), mail censorship, naval blockade of Southern ports • --Ex parte Merryman (1861), Prize Cases (1863), Ex parte Milligan (1866)

  13. LINCOLN cont’d • ---Election of 1864 • ---Emancipation Proclamation—based on Commander-in-Chief power • Congress strikes back: Andrew Johnson’s near-removal

  14. Progressive/Populist Movements(and how they changed presidency) • Twin evils: business monopoly and state and local political machines (how related, how alike) • BTW, why called “machines”? • Mechanisms of machine control (mostly legal at the time) • a.) ballots printed and distributed by party • b.) SFR method of nominationc.) patronage/spoils system • d.) non-competitive contracting • e.) welfare-like services to poor and immigrants

  15. Progressive/Populist Movements Major principles of Pop/Prog Movements: Democratization, Depoliticization, Optimism about Govt. and Social Science Specific reform goals: 1.) government regulation and/or breakup of monopolies 2.) increased govt. health/safety legislation/regulation 3.) Australian ballot (ballot reform)* 4.) Primary elections instead of SFRs for nominations* 5.) Nonpartisan elections (in local govts.), manager/council form of govt. 6.) Competitive bidding for govt. contracts 7.) Civil service (merit) system for awarding govt. jobs* Garfield assassination key to passing Pendleton Act 8.) Bigger govt. role in social welfare----benefits as “entitlements” rather than political favors*

  16. Populist/Progressive Movements • 9.****Idealization of the Executive • ---executive more democratic, better rep. of “the people” rather than special interests, less corruptible • ---executive more professional: streamlined, organized, scientific

  17. Populist/Progressive Movements • Pops and Progs infiltration of the two major parties produced • 1.) Teddy Roosevelt (R, 1901-1909) • --mixed Hamiltonianism and Jeffersonianism • --Square Deal: Hepburn Act, Expansion of civil service, Conservation, Pure Food and Drug Act • --used muckrakers as allies • 2.) Woodrow Wilson (D, 1913-1921) • --Party-centered progressivism; idealized contemporary British parliamentary system • --Popular president could overcome separation of powers thru leadership of his party in Congress • --New Freedom: creation of Federal Researve System, creation of FTC, Clayton Anti-Trust Act

  18. IRONY OF POPULIST/PROGESSIVES’ IMPACT ON PRESIDENCY • Although they intended to empower the president, some specific reforms weakened the president politically • ---Australian ballot led to split ticket voting • ---Primary elections led to more challenges to renomination • ---Merit system reduced control over bureaucracy • ---Merit system and competitive bidding reduced political resources • LED TO INCREASING “EXPECTATIONS GAP”

  19. THE MODERN PRESIDENCY • FDR’s (1933-1945) LEGACY • 1.) Increased public expectations and sense of perceived responsibility(emergency measures) • 2.) Permanent agencies/programs • 3.) Creation of Executive Office of the President (EOP) – moved BoB • 4.) Impact on American Ideology and Party System • 5.) Impact on defense/foreign policy

  20. MODERN PRESIDENCY • TRUMAN (1945-1953) • Domestic policy: not much • 1.) Employment Act of 1946: created CEA and ERP • 2.) National Security Act of 1947: created NSC, NSA, CIA, DoD • Korean War • Steel strike: Youngstown Sheet and Tube vs. Sawyer

  21. GROWTH OF EOP • 1945 820 • 1955 1221 • 1960 2779 • 1965 3307 (includes 1768 for OEO) • 1972 5721 (peak) • 1975 1801 • 1985 1549 • 1995 1555 • 2000 1665

  22. MODERN PRESIDENCY • EISENHOWER (1953-1961) • Initial reticence on domestic policy Interested and successful at maintaining popularity: “Hidden-Hand Presidency” Organizational innovations 1.) Big increase in EOP 2.) First designated Chief of Staff 3.) Congressional liaison 4.) Tried to revitalize Cabinet

  23. MODERN PRESIDENCY • Congress Strikes Back (Again) • 1.) War Powers Act2.) Impoundment Control and Budget Act • 3.) Case Act • 4.) Federal Election Campaign Act • 5.) Intelligence Reform---creation of House and Senate Intelligence Committees

  24. MODERN PRESIDENCY • NIXON (1969-1974) • 1.) Began extended period of divided government (1969-1993, except for 77-81) • 2.) Early continuation of Great Society followed by increasing conservatism • 3.) Began extended period of economic problems: wage and price controls, impoundment • 4.) Pursued “secret war” in Cambodia • 5.) Watergate and related stuff • ---campaign “dirty tricks” by CREEP • ---political interference with law enforcement agencies • ---CIA covert operations

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