Chapter 13 The Presidency. Warmup: The Constitutional Basis of the Presidency How has the power of...

Chapter 13

The Presidency

The Presidency

Warmup: The Constitutional Basis of the Presidency

How has the power of the presidency changed over time?

Constitutional Basis of the Presidency

• Article II: “The executive power shall be vested in a President of the United States of America.”– This affirmed that one person would

hold the presidency, allowing for “energy” in times of need.

– Command the armed forces– Make treaties– Approve or veto acts of Congress– Send or receive diplomats– “Take care that the Laws be faithfully

executed.”• “most powerful office in the world.”

Constitutional Basis of the Presidency

• Presidential selection controversy: by Congress or the voters?

• Republican solution:(form of government, not the party)

1. State legislatures would select slates of electors.

2. Voters would choose one of the slates offered by the legislature.

3. If a majority of electors could not agree, the decision would be made by the U.S. House of Representatives.

Presidential Candidates

• Presidential candidates were first chosen by the party members in Congress.– Led to claims the president was beholden to

Congress

• Parties later created nominating conventions.– Delegates initially selected by state party leaders.

Constitutional Powers of the Presidency

• Delegated powers: the president “shall take Care that the Laws be faithfully executed.”– Congress delegates the power to enact its will to the executive

branch.

• Expressed powers: powers granted to the president by the Constitution– Military– Judicial– Diplomatic– Executive– Legislative

Expressed Powers


• Inherent powers: presidential powers implied, but not directly stated, by the Constitution– Executive orders– Other powers as needed

Executive Orders

• Example: Executive Order 13661

• Executive Orders by Presidents

• Obama & Immigration– Secure Communities

http://www.gpo.gov/fdsys/pkg/FR-2014-03-19/pdf/2014-06141.pdf

http://www.gpo.gov/fdsys/pkg/FR-2014-03-19/pdf/2014-06141.pdf

http://www.presidency.ucsb.edu/data/orders.php

http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-action

Expressed Powers


• Military powers– President is commander in chief– Congress has power to declare war, but in last 50 years

this has been ignored (without controversy)– Can deploy troops domestically in an emergency, to

enforce a federal judicial order, or to protect federally guaranteed civil rights

Making Undeclared War

• Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war:– John Adams had the U.S. Navy fight French warships in

1798.– Ronald Reagan ordered the invasion of Grenada in 1983

to block a military coup.– George H.W. Bush ordered the ouster of Panamanian

dictator Manuel Noriega in 1989.– Bill Clinton sent troops to the Balkans in the 1990s.

Congressional Resolutions

• Congress has not declared war since World War II.

• However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as:– In 1955, Congress let President Dwight Eisenhower position

the U.S. Navy to block Chinese aggression toward Taiwan.

– The Iraq Resolution of 2002 authorized the use of force

against Iraq.

War Powers Resolution

• Checkpoint: Why did Congress enact the War Powers Resolution?– The results of the

undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.

– There is still a debate over whether this Resolution is constitutional or not.

War Powers Resolution

• The War Powers Resolution states that the President can commit military forces to combat only

– If Congress has declared war, OR

– If Congress has authorized military action, OR

– If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.

Reading Quiz #1

• What is an “executive-congressional” agreement?• What does the 1972 Case-Zablocki act require the

President to do?• What is executive privilege? • Why has there been a shift from the 19th century

pattern of relatively well defined congressional guidelines for administrators to more contemporary pattern of broad delegations to executive branch?

Truman: Isolationism to Containment

• After WWII, Soviet Union grew as a perceived threat– Many war torn countries in Europe quickly adopted communism as a

form of government– West (mainly Britain and the US) concerned about spread of Soviet

influence • Greece and Turkey

– Britain in financial straits…• US Assistance

– Truman Doctrine ($400 million)– “it must be the policy of the United States to support free people who

are resisting attempted subjugation by armed minorities or by outside pressures”

– Marshall Plan (1948)


• President can “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”– Can also pardon people before

have been tried or convincted

• The president appoints members to the Supreme Court for life terms (must be approved by the Senate).


• Diplomatic powers– President is the head of state– Receives ambassadors and other public ministers– Acknowledges which foreign governments are legitimate– Treaties/executive agreements

Power of Recognition

• Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.

• Recognizing a new nation, such as Panama or Israel, can help ensure its success.

• Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.

Power of Recognition

"How can you think I'd accept this gentleman coming here?...You'd best withdraw him, Obama. Don't insist, I'm asking you. [Palmer] disqualified himself by breaking all the rules of diplomacy. He messed with all of us. He can't come here as ambassador”


• Executive powers– President must make sure that all laws are

faithfully executed– Can appoint, remove, and supervise all executive

officers– Has power to appoint all federal judges

• Not just Supreme Court nominees, the entire federal bench are presidential appointees

Presidential Appointment

• Presidents appoint top-ranking officials such as:– Cabinet members and their top aides– Ambassadors and other diplomats– The heads of independent agencies– All federal judges, U.S. marshals, and

attorneys– All officers in the U.S. armed forces

• These appointments must be a approved by a majority vote of the Senate.

Executive Privilege

• At times, Presidents have refused to reveal certain information to Congress or the federal courts.

• Congress has never officially recognized the right of executive privilege.– The President’s advisers and staff must be able to speak

freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.

– What is the court’s stand on executive privilege?

United States v. Nixon

• In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security.

–However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6th Amendment guarantee of a fair trial.


• Legislative powers– Addresses Congress on the state of the union– Submits proposals for legislation– Can veto bills– Has power to issue executive orders

• Effect of law• Congress cannot override an executive order.• Congress must pass a new law to override an executive

order.

Obama & Cuba

• “Normalization of relations” • Obama: Goal is to provide the

US with “a greater opportunity to have influence” in Cuba

• Class Discussion:– Do you believe Obama’s

decision is the correct one?– Did the isolation policy fail?– What do you think will actually

change?

The Veto Process

The Roles of the President


• Delegated powers– Congress delegates powers to the executive branch when

it creates agencies that must use discretion to fulfill their missions.

Growth of Power

• Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch.– Certain Presidents

have used the influence of their office to increase the scope of presidential power.

Limits on Power

• Checkpoint: What limits the growth of presidential power?

– In 1952, the Supreme Court ruled that President Harry Truman could not use his powers as commander in chief to take control of U.S. steel mills during the Korean War. (Youngstown Sheet & Tube C. v. Sawyer)

Limits on Power

• In 2006, the Court ruled that President George W. Bush could not use military tribunals to prosecute “enemy combatants” and held that part of his plan violated the Geneva Conventions and the Uniform Code of Military Justice. (Hamdan v. Rumsfeld)

Opposing Views

• Presidents like Theodore Roosevelt have supported broad powers.– “stewardship theory”

• Presidents like William Taft have favored limited presidential powers.– Taft felt that Presidents could not

simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution.

Imperial Presidency

• In recent years, some critics claim that the presidency has grown too powerful.

• They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.

• Class Discussion

–Can you think of possible examples?

The Presidency as an Institution

• Thousands of staffers work for the president’s administration.


• The Cabinet– The Cabinet: heads of the major executive branch

departments– Origin: early presidents had a secretary who would store

the president’s papers in a cabinet.– Comparison to Great Britain – Clinton: Cabinet diverse enough “to look like America” =

good or bad? – Ceremonial in nature– Defense, State, and Treasury vs. HUD, Energy,

Agriculture

“Inner Cabinet”

• National Security Council (NSC): presidential foreign policy advisory council composed of president, vice president, secretary of state, secretary of defense, and other invited officials

• Importance of NSC depends on President’s own preferences

• Nixon & Kissinger: “From the outset of my administration…planned to direct foreign policy from the White House. Therefore I regarded my choice of a National Security Adviser as crucial”


• White House staff– Analysts and political advisers who inform the president

about policies and their political implications• “Special assistants”• Tend to be more closely associated to the President

– Not to be confused with the Executive Office of the President

– Growth over time • FDR = four dozen• Nixon = over 500

Kitchen Cabinet

• Kitchen Cabinet: informal group of advisers to whom President turns for counsel and guidance– Members of official Cabinet may or may not be part of this

• Origins: Andrew Jackson– Originally appointed fairly obscure men to posts of his

cabinet (cronies, friends, etc.)– “Parlor cabinet”– Supported his war on the banks, “spoils system”


• Executive Office of the President– Permanent agencies that perform specific management

tasks for the president– Created in 1939– Includes the OMB, Council of Economic Affairs, Council of

Environmental Quality, NSC

• Office of Management and Budget (OMB)– Must approve every proposal from an executive agency that

requires spending– Shift from Bottom Up to Top Bottom– Sets the terms


• The role of the vice president varies.

• Only constitutional role is to preside over the Senate and to succeed President if necessary

• Running mate role & balance– Obama & Biden– JFK & LBJ

• Power• Joe Biden• Al Gore• Dick Cheney

The First Spouse


• The first spouse– This role also varies from administration to

administration.– Traditionally performed primarily ceremonial roles– Now, often take a more active roll; defining the

position can be difficult– Large staff of their own, with policy advisers,

schedulers, and public relations staffers.– Michelle Obama vs. Hillary Clinton

Contemporary Bases of Presidential Power

• Sources of presidential strength:– Party– Popular

mobilization– Administration


• Party– When the president’s party

controls Congress and they share policy goals, the president can have tremendous influence IF the party is cohesive.

– If President’s party is the minority in Congress, may stifle ability of President to implement desired policy changes

• Example: Obama

Loretta Lynch: 160 Days and Counting

• Nominated by Obama in November as new Attorney General—still not confirmed by the Senate– Has had to wait twice as long for a vote than the seven

most recent attorney generals combined– Eric Holder: 8 days

• Reason?– Human Trafficking Bill & Partisan Issues

• Hyde Amendment: restrict government spending on abortion (Democrats object)

– Mitch McConnell

Presidential Success on Congressional Votes

114th Congress: Senate

114th Congress: House


• Going public– Nineteenth century presidents were expected to be unifiers

and not speak out in public about policies.• Andrew Johnson & Reconstruction program:

“inflammatory”– Now, presidents must carefully cultivate their public image.– 20th Century trend

• Theodore Roosevelt: White House as “bully pulpit”

FDR & The Public

• Creating links with the American public– “I regain strength just by

meeting the American people”

• “Fireside chats”– Use of media

– Simple messages

• Press– Targeting reporters

– Political spin

Limits of Going Public

• Public is notoriously fickle– Reagan: 59% in 1981 to 37% in

1983– George W. Bush: 70% in 2002 to

39% in 2005

• Presidential performances tend to fall short of promises and popular expectations—leading to decline in popularity

• Anomaly: Bill Clinton

Administration

• President may also seek to bolster control of established executive agencies or create new administrative institutions

• Attempt to reduce dependence on Congress– Executive Orders

Announcements

• Test: Next Tuesday (Chapter 13)

• Hebert Funeral Mass Tomorrow

• AP Review Book

• Makeups/Retakes–Makeup Policy

Reading Quiz #1

• Regulatory Review

• Signing Statement

• Ratifying through “acquiescence”?

• War Powers Resolution & Constitution?

• Monocracy

WHO ARE AMERICANS?

U.S. Presidents

Key

SOURCE: The Miller Center, “American President: A Reference Resource,” millercenter.org (accessed 10/15/12).

Federalist

Democratic-Republican

Whig

Unionist

Democrat

Republican

White

African American

Christian: Protestant

Christian: Catholic

PARTY

RACE

RELIGION

*Waxhaw area, on North Carolina–South Carolina border

PRESIDENT RELIGIONPARTY RACE STATE

Washington

Adams

Jefferson

Madison

Monroe

Quincy Adams

Jackson

Van Buren

W. Harrison

Tyler

Polk

Taylor

Fillmore

Pierce

Buchanan

VA

MA

VA

VA

VA

MA

*

NY

VA

VA

NC

VA

NY

NH

PA

WHO ARE AMERICANS?

U.S. Presidents

Key


Federalist


Whig

Unionist

Democrat

Republican

White

African American


Christian: Catholic

PARTY

RACE

RELIGION


Lincoln

A. Johnson

Grant

Hayes

Garfield

Arthur

Cleveland

B. Harrison

McKinley

T. Roosevelt

Taft

Wilson

Harding

Coolidge

Hoover

KY

NC

OH

OH

OH

VT

NJ

OH

OH

NY

OH

VA

OH

VT

IA

WHO ARE AMERICANS?

U.S. Presidents

Key


Federalist


Whig

Unionist

Democrat

Republican

White

African American


Christian: Catholic

PARTY

RACE

RELIGION


F. Roosevelt

Truman

Eisenhower

Kennedy

L. Johnson

Nixon

Ford

Carter

Reagan

H.W. Bush

Clinton

W. Bush

Obama

NY

MO

TX

MA

TX

CA

NE

GA

IL

MA

AR

CT

HI

WHO ARE AMERICANS?

U.S. Presidents, by Region

Presidents


1

2

0

4

7

8

The Administrative State


• The administrative state: presidents have tried to increase their power vis-à-vis Congress through three administrative mechanisms:– Enhancing the reach and power of the Executive Office of

the President– Increasing White House control over bureaucracy– Expanding the role of executive orders and other

instruments of direct presidential governance

Executive Office of the President

• Growth– From six administrative assistants in 1939 to 400 staff in

WHO and 1,400 in EOP– Gather, plan, communicate, and exercise control

• OMB– Control federal spending– Capacity to analyze and approve all legislative proposals

from all federal agencies before being submitted to Congress

• President’s staff are equal to the task of proposing legislation and countering Congress

Regulatory Review

• White House determines how agencies should operate

• Congress: “Here is the problem: deal with it”

• Discretion & Power– Clinton: 107 directives– Bush & Obama

• “Look back” program

Governing by Decree

• Governing by decree– Executive orders– Presidential decrees– Executive agreements– National security findings and directives– Proclamations– Reorganization plans– Signing statements

Executive Orders

• Have been used extensively throughout American history: purchase of Louisiana, annexation of Texas, emancipation of slaves

• Historically have increased during times of war • Executive Order & Law

– Needs constitutional or statutory basis for action• Ex: Desegregation of armed services—constitutional

powers as commander in chief (Truman)

• Congress: acceptance by “acquiescence”?• Validity of executive orders?

Significant Executive Orders,1900–1995

Signing Statements

• Definition: announcements made by the president when signing bills into law, often presenting the president’s interpretation of the law

• Instructions on how to execute law– Ex: Truman & 1946 Hobbs Anti-Racketeering Act

• Samuel Alito & Edwin Meese (Reagan’s attorney general)

• Valid?

Personalization of Power

Thinking Critically about Presidential Power and Democracy

Make sure this is updated if needed, still TK on PDF

Public Opinion Poll

Which branch of government do you believe is most

powerful?

a) Congress

b) Presidency

c) Judiciary

d) They are equally powerful.

Public Opinion Poll

Which of the following do you believe is the most important role of the president?

a) Commander in chief (in charge of the military)b) Chief diplomat (managing our relations with other nations)c) Chief executive (as “boss” of the executive branch)d) Chief legislator (legislative powers)e) Chief politician (party leadership)

Public Opinion Poll

Which branch of government do you believe should be

most powerful?

a) Congress

b) Presidency

c) Judiciary

d) None, they should be equally powerful.

Public Opinion Poll

Members of Congress and the U.S. Senate are not

term-limited. Members of the U.S. Supreme Court

serve life terms. Should a president be able to run for a

third term if the voters supported it ?

a) Yes

b) No

Public Opinion Poll

Should the vice president be elected independently of

the president (no tickets) where one could vote for a

president and vice president of different parties if they

wished to do so?

a) Yes

b) No

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