The Presidency

1. The Presidency Pika and Maltese Chapter 1

2. For the average American, the president is the most visible element of political life in the United States.

3. In reality, presidents are seldom in command and must exercise a substantial amount of political skill to accomplish their goals.

4. The Scope of Presidential Power • Some have argued that the presidency has become “imperial.” • What does this mean? • Do you think this is true?

5. The Scope of Presidential Power • One example where the president has gained considerable power has been delegation from Congress. • Can you think of any examples? • Once Congress gives the president new powers, they rarely take them back. • New presidents do not want to relinquish powers that previous presidents had.

6. The Scope of Presidential Power • However… The ability of the president to use formal power is constrained by politics and institutions. “Presidential power is the power to persuade.”—Richard Neustadt

7. The Founders’ Intent The revolutionary colonists greatly feared a monarch. Even in their state constitutions they stripped governors of any real power. Some didn’t provide for an executive branch at all.

8. The Founders’ Intent • This resulted in state legislatures becoming immensely powerful. “173 despots would surely be as oppressive as one.”—Thomas Jefferson

9. The Articles of Confederation • Under the Articles: • There was no executive branch or a president. • Congress had little power to enforce its policies. • Congress could not regulate commerce between the states. • What did this lead to?

10. Shay’s Rebellion • Some farmers got MAD! • About what? • How was this resolved? • In regards to the power of government what conclusions were drawn from Shay’s Rebellion?

11. Constitutional Convention of 1787 Virginia Plan—presented by Edmund Randolph Executive of unspecified size and tenure Chosen by the legislature Unclear powers Randolph argued for a plural executive (what’s that?) New Jersey Plan—presented by William Paterson Argued for a plural executive Should be elected by the legislature for a single term

12. Constitutional Convention of 1787 However, most of the delegates wanted a single executive. The main question was how much power to give the executive and where the power should come from. These recommendations were sent to the Committee of Detail whose job it became to codify the decisions of the convention into a new document.

13. The Committee of Detail The Committee was the first to use the word “president” to refer to the executive. They wrote out the role of the president as a single executive, elected by Congress to one unrenewable term, subject to impeachment, and with a qualified veto power. It also gave the president the power to appoint executive officers, to grant pardons, and to receive foreign ambassadors.

14. Committee on Postponed Matters The draft was sent back to the convention for debate and the delegates were still not satisfied. So, they sent the unresolved issues to the Committee on Postponed Matters. That committee put together a compromise on presidential selection. There was intense debate over whether the executive should be popularly elected or chosen by the legislature. They proposed the electoral college.

15. The Electoral College A president and vice president would be chosen by a slate of electors from each state. Each state could choose their own electors. The number per state determined by the number of senators and representatives from that state. Each elector would be given two votes, only one of which could be cast for candidate from the elector’s state. When the votes from all the states were counted, the candidate with the most votes would be the president and the runner-up would be vice president. If no candidate received a majority, the Senate would choose from among the top five vote getters. (Later this was changed from the Senate to the House).

16. The Electoral College This plan seemed to please pretty much everyone. Small states, large states, proponents of a weak executive, proponents of a strong executive. HOW?

17. Committee on Postponed Matters The committee also made some other important changes: Shortened the president’s term to four years. Made the president eligible for reelection to an unlimited number of terms. Gave the president a number of executive powers previously given to the senate. Expanded the president’s appointment power. Ambassadors Judges Executive branch officers Gave the president power to make treaties.

18. The only other major change was to use the House, rather than the Senate, to choose the president and vice president when a candidate did not receive a majority of the electoral college vote.

19. The Vesting Clause The Committee of Style wrote the final draft of the Constitution. “The executive Power shall be vested in a President of the United States of America.” Rather ambiguous, don’t you think?

20. Comparisons “The executive Power shall be vested in a President of the United States of America.” VS. “All legislative powers herein granted shall be vested in a Congress of the United States.” VS. “The judicial Power shall extend to…”

21. The Vesting Clause • By not limiting the executive power to those “herein granted” some have argued that presidential power is not confined to the powers enumerated in the Constitution. • Carried to the extreme this grants the president unlimited presidential power. • Because of this ambiguity, three schools of thought have formed on the idea of presidential power: • Constitutional Theory • Stewardship Theory • Prerogative Theory

22. Constitutional Theory • Presidential power is strictly limited to those powers that are either specified in the Constitution or granted by Congress under its constitutional powers. • Prescribed to by presidents such as William Howard Taft.

23. Stewardship Theory • Holds that the president can do anything not explicitly forbidden by the Constitution or laws passed by Congress under its constitutional powers. • Theodore Roosevelt embraced this viewpoint.

24. Prerogative Theory • The most expansive of the three theories. • “To act according to discretion for the public good without the prescription of the law, and sometimes even against it.”—John Locke • This view has been put into practice by presidents such as Lincoln, Nixon, and Bush Jr.

25. “When the President does it, that means that it is not illegal…If the President, for example, approves something because of national security, or in this case because of a threat to internal peace and order of significant magnitude, then the President’s decision in that instance is one that enables those who carry it out, to carry it out without violating the law. Otherwise they’re in an impossible position.”—Richard Nixon

26. More Ambiguitousness • Ambiguities among the enumerated powers in sections 2 and 3 of Article II, have helped create at least five presidential roles that have evolved or expanded over time. • Chief Administrator • Commander in Chief • Chief Diplomat • Chief Legislator • Chief Magistrate • And the all too often overlooked, Chief Bender.

27. Chief Administrator • This power rests in the ability of the president to control the executive branch of government. • Some presidents have embraced the concept of a unitary executive. • These argue that because the president alone possesses the executive power, the president must have absolute control over the executive branch and its administration, including the ability to control all subordinates and to veto or nullify their exercise of discretionary executive power. • What’s that mean?

28. Chief Administrator • This creates some conflict, particularly dealing with the president’s removal power. • Congress has carefully guarded its oversight powers , and the courts have limited the president’s ability to fire officers who perform quasi-legislative or quasi-judicial functions in independent agencies with the executive branch.

29. Commander in Chief • Specifically enumerated in Article II, section 2, paragraph 1. • The BIG question has been does this actually confer wide-ranging powers, particularly in times of emergency? • Lincoln sure thought it did.

30. Commander in Chief • Presidents have used this power to do the following: • Justify military expenditures without congressional authorization • To suppress rebellion • Intern Japanese American citizens during WWII • Initiate the use of force far more frequently than they have awaited congressional authorization • Wage war without a congressional declaration of war • How the *%&$ do they do all this?

31. Chief Diplomat • The president is the government’s principle agent in the world. • They can make treaties and nominate ambassadors. • They can also make executive agreements between heads of state in place of treaties. • These agreements do not require Senate ratification, although many are given legislative approval by statute (NAFTA for example).

32. Chief Legislator • Before the 20th Century, the president’s role in legislation was basically the veto. • Today, people, parties, and politicians expect the president to use his power to provide leadership for Congress primarily through proposing his legislative agenda. • He mainly does this through negotiations with congressional leaders and through the SOTU Address.

33. Chief Magistrate • This is the least clearly recognized. • Based on the oath clause of Article II, Section 1, paragraph 9, directing the president to “preserve, protect and defend the Constitution of the United States.” • This has been interpreted to mean that the president, along with Congress and the courts, has the power and the duty to interpret the Constitution to make sure that it is preserved and faithfully executed.

34. Chief Magistrate • George W. Bush’s view of this power led him to use presidential signing statements when signing a bill into law. • He used these to bring attention to portions of laws that he thought were not constitutionally justified.

35. Chief Bender • For a while, the only American Indian in the MLB Hall of Fame. • Signed autographs as “Charley Bender.” • Played most of his career with the Philadelphia Athletics. • Finished a 16 year career with a 2.46 career ERA, 212 wins, and 1711 strikeouts.