Post on 08-May-2015
Chapter 12 – The President
Section 1 – Who Can Become President?
Who Can Become President?
Article II, Section 1 1. must be a natural born citizen 2. at least 35 yrs old 3. been a resident of the U.S. for at
least 14 years Most common job before becoming
president has been the legal profession
Who Can Become President?
Avg age is 55 yrs old at the time of inauguration Youngest – JFK 43 yrs old at time of
inauguration Oldest – Reagan 69 yrs old
Youngest to serve as president was Theodore Roosevelt (42 yrs old)
JFK was first Catholic to win presidency
Section 2 – The President’s Many Roles
Chief Executive and Commander in Chief
Table 12-1 pg 259 Chief Executive
The head of the executive branch Handle national emergencies (riots or natural
disasters) Appoint/remove federal officials w/ approval from
Senate Commander in Chief
Commander in chief of the U.S. military War powers divided b/w the president and Congress Congress declares war President can send troops wherever he wants
Head of State
Head of State Serves as the ceremonial head of a
country’s govt and represents that country to the rest of the world▪ Throwing out first pitch at a baseball game,
lighting the Christmas tree, giving out awards, dedicating parks, etc.
Some feel this leaves no time for “real work”
Chief Diplomat
Diplomat Person who represents one country in
dealing w/ representatives of another country
President handles this duty as Chief Diplomat
Constitution does not explicitly give him this power Has power to recognize foreign govts,
appoint ambassadors Lead foreign policy
Chief Legislator
President has become a leader in creating legislation 19th C. – presidents let Congress lead the
wayHas to address Congress from
“time to time” State of the Union Address
Congress and the president have shared legislative powers
Political Party Leader
De facto leader of his political party not mentioned in Constitution Implement the party’s platform
President chooses the chairperson for the party’s national committee Appoint and remove people from positions
Practice patronage Giving govt jobs to individuals belonging to the
winning party People who helped the president win
“Fund-raiser in chief”
Section 3 – Presidential Powers
The President’s Constitutional Powers
Article II of the Constitution lists the powers
Granted enough powers to balance Congress Broad but vaguely listed powers
1. Serve as commander in chief of the armed forces and the state militias
2. appoint, w/ Senate’s consent, the heads of exec depts, ambassadors, justices of the Supreme Court, and other top officials
The President’s Constitutional Powers
3. To grant reprieves and pardons, except in cases of impeachment
4. Deliver the annual State of the Union address to Congress and to send other messages to Congress from time to time
5. To call either house or both houses of Congress into special sessions
6. To make treaties w/ advice and consent of Senate
The President’s Constitutional Powers
7. To receive ambassadors and other representatives from foreign countries
8. To commission all officers of the United States
9. To ensure that the laws passed by Congress “be faithfully executed”
Proposal and Ratification of Treaties
Treaty Formal agreement b/w 2 or more nations
President has the power to sign and negotiate treaties Senate approves a treaty by a 2/3
vote of the members present Senate did not approve Treaty of
Versailles after WWI Senate approved Carter giving back
the Panama Canal
The Power to Grant Reprieves and Pardons
Pardon A release from punishment or the legal
consequences of a crime Restores a person to full rights and
privileges of citizenship Check on judicial power Can’t grant a pardon for someone who
has been impeached
The Power to Grant Reprieves and Pardons
Most controversial Ford pardoning Nixon after Watergate
before any charges were brought to court
Carter granted a pardon for tens of thousands people that avoided the draft during Vietnam War
Clinton pardoned 140 people before he left office
The President’s Veto Power
Veto Latin word for “I forbid” Refusal by a president or state governor
to sign a bill into law 2/3 vote of both chambers of
Congress can override a veto President has 10 days to sign Pocket veto
The President’s Veto Power
Andrew Johnson only vetoed 21 billsFDR
372 regular vetoes, 9 were overridden 263 pocket vetoes
The Veto in Recent Administration
G.W. Bush used his veto power sparingly First 6 yrs of presidency, vetoed 1 bill
(expanding stem cell research) Democrats took over Congress, vetoed
11 bills (4 overridden)Obama has rarely vetoed bills in
his first 2 yrs
The Line-Item Veto
Presidents have complained about “pork-barrel” legislation Federal spending tacked onto bills in order to
bring $$ to a congressmen’s district▪ Ex – expenditures for a sports stadium might be added
to a bill about crime President would have to veto entire bill
to eliminate the pork Line-Item veto
Veto one part of the bill, not whole thing Clinton did it in 1996, Supreme Court said it was
unconstitutional in 1998
The President’s Inherent Powers
Inherent Powers Powers that are necessary to carry out
the specific responsibilities of the president given by the Constitution
Some rights given to the president have been implied Constitution is very vague as to how
to carry out the expressed powers in the Constitution
The Expansion of Presidential Powers
Constitution uses general language, each president interprets it differently
Washington set precedents Removed officials from office Met regularly w/ members from each
branch for political advice Chief Legislator
The Expansion of Presidential Powers
Lincoln (during Civil War) Suspended certain constitutional liberties Spent funds that Congress did not appropriated Blockaded southern ports Banned “treasonable correspondence” from
the US mail Did all this under the Commander in
Chief power and constitutional responsibility to “take Care that the Laws be faithfully executed”
The President’s Expanded Legislative Powers
President sends special messages to Congress Call on Congress to enact laws that the
president thinks are necessary Persuade Congress to support certain
legislation Send aids to lobby on Capitol Hill
The Power to Persuade
Persuading others plays a large role in determining presidents success
Richard Neustadt “Presidential power is the power to
persuade.” President needs cooperation from
others in order to get things done Important b/c of our divided govt
President must overcome opposition of Congress if it belongs to the opposite party
Going Public
Going Public Using press conferences, public appearances,
and televised events to gain public support of certain legislation
Public can pressure their legislators to go along w/ the president Support of the public plays a huge role in the
legislative process Public opinion of the president has
been known to follow whether or not our economy is doing well
The Power to Influence the Economy
FDR had some the greatest expansion of presidential power Regulated the economy during the Great
Depression Since then, we expect the president to be
involved in economic and social issues Economic Report of the President
Budget suggestion from the president to Congress
State of the nation’s economy and ways to improve it
The Legislative Success of Various Presidents
Figure 12-1 p 268Success is defined as how often
a president got his legislation passed
“Honeymoon Period” Success very high in the beginning of
the termMedia looks at the first “100
days” to see how well a president is doing
Obama had the most successful first year in the last 50 years
The Increasing Use of Executive Orders
Inherent power to issue Executive Orders Presidential orders to carry out policies described
in laws that have been passed by Congress Have the force of law Examples▪ Restructure White House bureaucracy, ration consumer
goods and set wage and price controls during emergencies, regulate export of certain goods, etc.
Issued frequently, some presidents issue around 100 in a year
An Unprecedented Use of Signing Statements
Signing Statement Written statement issued by a president
at the time they sign a bill into law James Monroe was first to write one Praise the legislation, criticize the
opposition, note constitutional problems, provide details on how the exec branch will interpret the law
An Unprecedented Use of Signing Statements
Reagan issued 249 signing statements Most contained constitutional issues Published in the U.S. Code Congressional and
Administrative News G.W. Bush’s 161 signing statements
challenged 1100 clauses of federal law Some felt this was a constitutional crisis Thought he was trying to reinstate the line
item veto Rejected Congress’s authority to ban torture and
affirmed that the president could open anyone’s mail
Evolving Presidential Power in Foreign Affairs
Only Congress can declare war, Senate approves treaties
Washington Ignored an alliance w/ France when war
broke out b/w them and Great Britain Wanted to remain neutral Led the way for presidents to decide
whether or not to engage in military action or not
Executive Agreements
Executive Agreements Pacts b/w a president and other heads of
state Same legal status as a treaty Do not require Senate approval▪ Congress can refuse to fund the executive
agreement
Executive Agreements
Can involve trade or assistance to other countries
FDR Formed an agreement w/ Churchill in
1940 U.S. would lend destroyers to Britain to
help protect that nation and its shipping during WWII
U.S. was given permission to use military bases on British territories in Western Hemisphere
Executive Agreements
Congress passed a law in 1972 that requires the president to inform Congress w/in 60 days of making any executive agreement
Didn’t actually limit the # of executive agreements
Military Actions
U.S. has been involved in more than 200 military activities Congress has only declared war 5
times FDR ordered the Navy to “shoot on
sight” any German submarine that entered the W. Hemisphere security zone
Truman sent troops to Korea in 1950
Military Actions
Entered Vietnam w/o a declaration of war
1970, Nixon invaded Cambodia Reagan invaded Lebanon and
Grenada in 1983 Ordered fighter jets to attack Libya in
1986 in retaliation for terrorist attacks on U.S. soldiers
War Powers Resolution
Congress members became angry at the lengthy involvement in Vietnam in 1970s
War Powers Resolution of 1973 Passed over Nixon’s veto Requires the president to notify Congress w/in 48
hrs of deploying troops Prevents the president from sending troops
abroad for more than 60 days (90 days if more time is needed)
Congress must approve a longer time period, if not, troops must return home
The War on Terrorism
Congress passed a joint resolution Authorized the president to use “all necessary and
appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.”
2002 – joint resolution authorizing invasion of Iraq
Executive orders Created military tribunals for trying terrorist suspects Could hold American citizens as “enemy
combatants” denying them an attorney
Nuclear Weapons
President has the power to decide whether or not to use nuclear weapons Truman made the decision in 1945, also,
picked the locations himselfPresident travels at all times w/
the “football” Briefcase containing the codes used to
launch a nuclear attack
Section 4 – Congressional and Presidential Relations
Advantage: Congress
Congress has advantage in areas of legislative authorization, regulation of foreign and interstate commerce, and some budgetary matters Congress passes legislation and appropriates $$ President can only veto a bill
Presidents pay attention to approval ratings of the public and meets w/ the press Tries to gain leverage in Congress
Divided Government
At least one chamber of Congress is controlled by a separate party than the White House Difficult to get things passed
Clinton, after Republicans took over in 1995, had his success rate drop from 86.4% to 36.2%
Bush had same problem in 2007
Different Constituencies
Congressmen have a regional focus (state or district) Legislative success of their own (bases that
remain operative, public-works programs that create jobs, trade rules that benefit a big employer)
President focuses on whole nation Natl defense, homeland security, natl
economy Puts president at odds w/ own party members
sometimes
Different Constituencies
Different term limits and years per term make the president and Congress have a sense of urgency Try and get legislation passed as fast as
possible First year of the presidents term
Advantage: President
Dealing w/ natl crisis, setting foreign policy, and in influencing public opinion President can make quick and
decisive decisions when a crisis happens
Some feel the president becomes too powerful during a crisis and others feel it is necessary
Executive Privilege
Public and Congress agree that the president is allowed some secrecy in order to protect natl security
Executive Privilege An inherent power President can w/hold info from, or refuse
to appear before, Congress or the courts Also pass along the privilege to other
exec members
Executive Privilege
Nixon invoked exec privilege when trying to keep the tapes of conversations being given to Congress
Watergate Scandal An illegal break in at the Democratic
National Committees office in 1972 by Nixon’s reelection staff
Clinton used it to keep details of his sexual relations w/ Monica Lewinsky
Executive Privilege
Bush used it after Democrats started investigating some of his actions Blocked people from testifying and
stopped Congress from seeing different documents dealing w/ firings of attorneys
Section 5 – The Organization of the Executive Branch
The President’s Cabinet
Constitution doesn’t mention assistants or advisers for the president “may require the Opinion, in writing, of the
principal Officer in each of the executive Departments”
Cabinet An advisory group selected by the president to
assist w/ making decisions Heads of the exec depts and other officers the
president can appoint Original 4 were secretaries of state,
treasury, and war and the attorney general
The President’s Cabinet
14 cabinet members today Table 12-2 pg 273
Additional members can be added depending on the president Vice President is usually a member Clinton added 10 officials, Bush added 5 Obama added various members
Use of the Cabinet
Use is up to the presidentKitchen Cabinets
Very informal group of persons to whom the president turns for advice
Cabinet members sometimes more worried about their own offices and own political ambitions Trying to better their depts than helping
the president
Obama’s Cabinet
Appointed a large number of “czars” Each have responsibility for a certain
policy areaCritics feel that the czars
undercut the authority of cabinet members Czars don’t have to be confirmed by
Senate like the cabinet members do▪ Congress loses leverage
The Executive Office of the President
The Executive Office of the President (EOP) Group of staff agencies that assist the
president in carrying out major duties FDR set it up during Great Depression to
help w/ increasing responsibilities Expanded more w/ growing govt and
expanding economy and society
The Executive Office of the President
EOP has changed over the years depending on the president
Table 12-3 pg 274All of the offices w/in the EOP
are subject to change Add or get rid of certain offices
The White House Office
White House Office Personal office of the president Personnel handle political needs and manage
the media Direct contact w/ the president
Chief of Staff is the head of the White House Office Advises president on important matters and
directs operations Aid president w/ natl security, economy, or
political affairs
The White House Office
Press Secretary Meets w/ reporters and makes public
statements for the president Has a counsel that serves as the
White House lawyer and handles legal matters
White House Office has over 400 members
The White House Office
Investigates and analyzes problems that require the presidents attention Gather info and advise the president
Screen questions and issues in order to decide if someone other than the president can handle it
Handle public relations (media and press corps)
Staff ensures that the president’s initiatives reach the right people some work directly with a congressmen
The Office of Management and Budget
Office of Management and Budget (OMB) Agency in the EOP that assists the
president in preparing and supervising the administration of the federal budget
Budget lists the revenues and the spending of the federal govt
President can influence the direction and policies of the govt w/ changes in the budget
The Office of Management and Budget
Head of the OMB is appointed by the president and confirmed by the Senate Gives the budget to Congress and is
involved in persuading Congress to pass it
Once approved, OMB enforces the budget
OMB also checks legislation to make sure the president’s position is represented
The National Security Council
The National Security Council (NSC) 1947 Council that advises the president on
domestic and foreign matters concerning the safety and defense of the nation
President, VP, and the secretaries of state and defense are the members
President’s link to his foreign and military advisers Special assistant for natl security heads
the NSC
The Vice Presidency and Presidential Succession
President will pick someone to balance out the ticket President from the South might choose
someone from the West to be their VP▪ Bush picked Cheney for his experience on the
natl level▪ McCain chose Palin to get female votes▪ Obama chose Biden for his 35 yrs of
experience in Congress
The Role of the Vice PresidentAlmost no responsibilities
Still can become president (9 VP’s have become president b/c of death or resignation)
One of the most important advisers to the president Carter relied heavily on VP Walter Mondale Clinton relied on Gore
Cheney Placed important party members throughout
govt so Bush could have influence everywhere
Presidential Succession
25th Amendment When the president believes he is incapable of
performing the duties of the office, he must inform Congress in writing
VP then serves as acting president until the president can resume his normal duties
If president can’t communicate then a majority of the cabinet and the VP tell Congress
No timeline of when the president will come back, 2/3 of both chambers of Congress vote to see if VP stays in
Presidential Succession
If VP becomes vacant, president chooses another 2/3 of both chambers of Congress
approve or deny Ford was picked as VP after Agnew
resignedNixon then resigned, Ford
became president and he chose Rockefeller as his VP First time in U.S. history neither the
president nor the VP were elected by the people
Presidential Succession
President and Vp both die, resign, or are disabled; Speaker of the House takes presidency
Senate Pro Tempore is after Speaker of the House
Succession table 12-2 pg 273