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THE PRESIDENCY

THE PRESIDENCY. Handout Electoral College. Presidential Quotes. The Roots of the Office of President of the United States. American colonists distrusted the King so much so that the Articles of Confederation largely neglected the need for an executive.

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THE PRESIDENCY

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  1. THE PRESIDENCY Handout Electoral College

  2. Presidential Quotes

  3. The Roots of the Office of President of the United States • American colonists distrusted the King so much so that the Articles of Confederation largely neglected the need for an executive. • With the failure of the Articles, the Framers saw the need for an executive office that would be strong enough to govern, but not so strong that it could abuse power. • The majority of the Framers agreed that the executive power should be vested in a single person to be called the president.

  4. The Philadelphia Convention Qualifications for Office • The Constitution requires that the president must be: • 35 years old • 14 years a U.S. resident • a natural born citizen Terms of Office • The length of the president's term was quite controversial. • Four, seven, and eleven year terms were suggested at the Convention and several of the Framers suggested a limit of one or two terms. • The 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office.

  5. Removal of a President • Removal is the ultimate check on the president. • The House conducts the investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.' • The Senate tries the case with the Chief Justice of the United States presiding. • If 2/3rds of the Senate votes for the Articles, the president is removed from office. • Only two presidents have been impeached: Andrew Johnson and William Jefferson Clinton. Neither were removed from office.

  6. Succession • Through 2001, 7 presidents have died in office (plus Nixon on resignation). • If the President is unable to perform his duties the vice president then becomes responsible for the office. • Congress passed the Presidential Succession Act of 1947 that stated the order of succession after the VP: • Speaker of the House • President Pro Tempore of the Senate • Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department • The 25th Amendment (1967) lays out succession and allows the president to appoint a new VP if the post is vacant.

  7. The Vice President • The VP’s primary job is to assume office if the president dies or is incapacitated. • His/her only formal duty is to preside over the Senate or to break tie votes in the Senate. • Historically, the office has had little power and often VPs have low profiles. • “They know who Amy is, but they don’t know me.” • VP Walter Mondale. • A vice president is chosen for a number of reasons: • geographical balance • to bring the party back together at the convention • achieve a social and cultural balance on the ticket. • VPs can also be used to overcome candidate shortcomings.

  8. The Constitutional Powers of the President • Article II is quite short and details few powers for the President. www.pbs.org/wgbh/pages/frontline/cheney/ • The president received certain enumerated powers in the Constitution, however the first line of Article II may be the most important grant of power to the president. • It states "the executive power shall be vested in a President of the United States of America." • The executive power clause has been the basis for implied powers allowing the powers of the president to exceed the list of enumerated powers in Article II.

  9. Legislative Power Chief-of-State Pardoning Power Treaty-making Power Chief Diplomat Chief Executive Veto Power Commander -in-Chief Appointment Power

  10. A. Commander-in-chief of the military – However, only Congress can declare war. • DEBATE WAR POWERS ACT 1973 pg. 292 • (George Washington had 700 soldiers under his command/Bush has about 1.5 million and some 20,000 nuclear missiles ) We have military bases all over the world. • B. Negotiates treaties - approved by Senate • C. Appoints all Ambassadors and foreign representatives - approved by Senate.

  11. D. Can issue pardons and reprieves (grant amnesty). E. Appointment power, including federal judges - usually must be approved by Senate. Appoints top 1,500 or so people. F. Veto power-two-thirds vote of both houses to override INS v. Chadha, Clinton v. New York G. Required to annually give Congress information of the state of the Union. This has turned into a major power. H. See that the laws are faithfully executed I. Inherent power / prerogative powers Executive privilege-U.S. v. Nixon 1974

  12. WEBSITEANNENBERG CLASSROOM • MANDATE: THE PRESIDENT AND THE PEOPLE • GEORGE WASHINGTON THROUGH • FDR

  13. Treaties and Executive Agreements Concludedby the United States1789-2004 Note: Number of treaties includes those concluded during the indicated span of years. Some of the treaties did not receive the consent of the U.S. Senate. Caring definitions of what comprises an excutive agreement and their entry-into-force date make the above numbers approximate. Source: Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics 2005-2006, (Washington, D.C.: CQ Press, 2006), Table 9-1, 339.

  14. Head of State Commander in Chief Foreign Policy Maker Chief Executive-Lincoln-13th Amendment Chief Legislator Economic Leader Crisis Manager Party Leader Voice of the People

  15. Chief Legislator • FDR claimed the leadership and agenda setting power for the president and got it. • FDR shifted the president's powers from that of simply executing policy to making it. • However, presidents have a hard time getting Congress to pass their programs especially during periods of divided government. • Executive Orders http://www.cbsnews.com/stories/2009/03/09/politics/100days/domesticissues/main4853385.shtml • http://www.archives.gov/federal-register/executive-orders/2009-obama.html

  16. DVD: CHECKS AND BALANCES • YOUNGSTOWN V. SAWYER • HARRY TRUMAN • ANSWER QUESTIONS AND TURN IN FOR A GRADE!!!!!

  17. The Presidential Legislative Agenda: It’s Largest in the First Year

  18. Presidential Vetoes • http://www.presidency.ucsb.edu/data/vetoes.php

  19. Trends in Presidential Use of the Veto Note: Vetoes for the two administrations of Grover Cleveland (1885-1889, 1893-1897) have been excluded from these averages because of the unusual circumstances surrounding President Cleveland’s use of the veto. See Theda Skocpol, Protecting Soldiers and Mothers (Cambridge, MA: Harvard University Press, 1992). Source: http://digital.library.unt.edu/govdocs/crs//data/2001/upl-meta-crs-1907/98-156gov_2001Jan29.pdf

  20. Development of Presidential Power • All presidents have had similar formal grants of power and constraints via the Constitution. • The power and success of the presidency is dependent upon • the personality of the person holding the office. • the informal powers of the presidency • the goals of the officeholder • and, of course, the timing of events…events often shape a presidency (for example, crises often lead to an expansion of presidential powers).

  21. The Modern Presidency • In the 20th century, the presidency has become ever more powerful. • The modern Presidency begins with FDR who was elected to four terms during two huge national crises: • The Great Depression • and WWII. • FDR also personalized the presidency with his use of radio 'fireside chats' directly with Americans. • The modern president • leads a large government • plays an active and leading role in foreign and domestic policy • plays a strong legislative role • and uses technology to get 'close to Americans.'

  22. Checks on Power Congress Bureaucracy Supreme Court Media Public

  23. Power of President vs. Congresswww.potus.com

  24. PRESIDENT vs. CONGRESS The Struggle for Political Power

  25. CONSTITUTIONAL RESPONSIBILITIES • COMMANDER-IN-CHIEF • HEAD EXECUTIVE BRANCH • NEGOTIATE TREATIES • STATE OF THE UNION ADDRESSES • MAKE APPOINTMENTS

  26. INFORMAL ROLES OF PRESIDENT -MORE IMPORTANT CHIEF LAWMAKER PARTY LEADER CRISIS MANAGER RECRUITER MORALE BUILDER CHIEF DIPLOMAT

  27. WHAT DID THE FRAMERS ENVISION ROLE OF PRESIDENCY TO BE? Federalist #70 Alexander Hamilton

  28. ARTHUR SCHLESINGER WROTE “THE IMPERIAL PRESIDENCY” POWER OF PRESIDENCY HAS GROWN IN MODERN TIMES - Page 205-Lanahan reader “PRESIDENT CAN RULE BY DECREE”

  29. POWER OF PRESIDENCYHAS DOMINATED CONGRESS IN FOUR MAIN AREAS:

  30. ONE: WAR POWERS • President = Commander in Chief • Congress declares war • President Johnson persuades Congress to enact Gulf of Tonkin Resolution-Why?

  31. WAR POWERS ACT • ENACTED DURING NIXON’S ADMINISTRATION • TROOPS ABROAD REQUIRE CONGRESSIONAL APPROVAL (BTW 60 - 90 DAYS) • CONGRESS REASSERTING ITS AUTHORITY • NIXON VETOED BILL • CONGRESS OVERRIDES THE VETO

  32. War Powers Act? • http://www.nytimes.com/2011/05/13/world/africa/13powers.html?_r=2 • http://www.washingtonpost.com/opinions/death-of-the-war-powers-act/2011/05/17/AF3Jh35G_story.html?hpid=z5 http://thehill.com/homenews/administration/162323-lawmakers-quiet-on-war-powers-authority-in-libya-

  33. TWO: LEGISLATIVE POWERS • CHIEF LAWMAKER • VETO POWER • FEWER THAN 3% OVERRIDDEN • PRESIDENTAL SIGNING STATEMENTS – Annenberg DVD • EXECUTIVE ORDERS(Korematsu v. US)-Annenberg DVD

  34. BUDGET MAKING • PRESIDENT IS CENTRAL TO BUDGET MAKING PROCESS • CONSTITUTION SAYS CONGRESS HAS POWER OF PURSE • PRESIDENT IMPOUNDS FUNDS • CONGRESS FIGHTS BACK FOR POWER

  35. BUDGET IMPOUND MENT CONTROL ACT (1974) • CREATED THE CONGRESSIONAL BUDGET OFFICE (CBO) • GAVE CONGRESS THEIR OWN ECONOMIC ADVISORS • MADE THE IMPOUNDMENT OF FUNDS MORE DIFFICULT

  36. FOUR: FOREIGN AFFAIRS • WITH GROWING NATIONAL SECURITY PRESIDENTS GAINED POWER OF EXECUTIVE PRIVILEDGE • ALLOWS THEM TO WITHHOLD INFORMATION IN COURT INQUIRIES IF INFORMATION WOULD ENDANGER NATIONAL SECURITY • US v. Nixon

  37. TREATY MAKING • CONSTITUTION REQUIRES SENATE RATIFICATION OF ALL TREATIES • PRESIDENTS CAN MAKE “EXECUTIVE AGREEMENTS” THAT HAVE THEEFFECT OF A TREATY (NO SENATE RATIFICATION REQUIRED)

  38. CONCLUSION: • POWER OF PRESIDENCY HAS GROWN OVER CONGRESS • PRESIDENT CAN WAGE WAR • PRESIDENT CAN LEGISLATE • PRESIDENT CAN APPOINT • PRESIDENT CAN DOMINATE FOREIGN AFFAIRS • ALL WITH LITTLE INTERFERENCE FROM CONGRESS!

  39. Bureaucracy • What is the bureaucracy? • What are the core functions of the bureaucracy? • “Quasi Legislative” function • “Quasi Judicial” function • How is the bureaucracy organized? • Describe four types of agencies and explain how each is unique: Cabinet Staff Independent Agencies Government Corporations • How does Congress oversee the bureaucracy? Method. Criticisms. • Define spoils system • Define merit system. • Define privatization. • Describe efforts to curtail the bureaucracy. • Define/describe Hatch Act. • Name some agencies and describe their purpose. • What are “Iron Triangles”? What are their benefits? Consequences? • www.whitehouse.gov/government/cabinet.html • www.whitehouse.gov/government/independent-agencies.html

  40. Bureaucracy – Revolving Door • www.npr.org/2011/05/12/136250400/for-government-employees-revolving-door-continues

  41. The Presidential Establishment • Today, the president has numerous advisors to help make policy and fulfill the duties of chief executive. • The Cabinet • The Executive Office of the President (EOP) • White House Staff

  42. The Cabinet • The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit. • The Cabinet consists of the heads of the major bureaucratic departments (State, Defense, Treasury, etc.). • http://www.whitehouse.gov/government/cabinet.html • Congress exercises some control over the bureaucracy -- through advice and consent and budget controls. • Congress has delegated substantial authority to administrative agencies in the areas of: grants in aid, subsidy payments, and enforcement of regulations.

  43. The President’s Cabinet

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