Chapter 7 The Presidency Pearson Education, Inc. © 2006 American Government 2006 Edition (to...

Chapter 7

The Presidency

Pearson Education, Inc. © 2006

American Government2006 Edition(to accompany the Essentials Edition)

O’Connor and Sabato


Roots and Rules Royal Governor

Earliest example of executive power in the colonies

Appointees of the King “Powers of appointment, military command,

expenditure, and — within limitations — pardon as well as with large powers in connection with the powers of lawmaking”

Disdained and distrusted by colonists After the American Revolution, state

constitutions limited the powers of governors. Those who were directly elected, as in NY, were

given greater powers.


Roots and Rules Under the Articles

No executive branch 18 different men served as president of the

Continental Congress in name only. Had no actual authority

Delegates to the Constitutional Convention believed an executive was needed. Difficulty determining how to select the

president Created the Electoral College

Other areas less difficult to resolve


Presidential Qualifications and Terms of Office

Must be a natural-born citizen At least 35 years of age Resident of the U.S. for at least 14 years Serves a four-year term with eligibility for

reelection First president, Washington, sought reelection

once. Set tradition as such. Franklin D. Roosevelt elected four times. Twenty-Second Amendment (ratified in 1951)

limits presidents to two four-year terms.


Impeachment Supported by Ben Franklin at the

Constitutional Convention The power delegated to the House of

Representatives in the Constitution to charge the president, vice president, or other “civil officers” including federal judges, with “treason, Bribery, or other high Crimes and Misdemeanors.”

First step in the constitutional process of removing government officials from office


The Eight Stages of the Impeachment Process


Rules of Succession Through 2005, 8 presidents have died in

office. Vice President – orderly transfer of power 1947 Congress passed the Presidential

Succession Act Lists in order those in line after the vice

president to succeed the president Speaker of the House of Representatives President pro tempore of the Senate Secretaries of state, treasury, and defense, and

other Cabinet heads in order of the creation of their department


Twenty-Fifth Amendment Adopted 1967 to set

procedures for: filling vacancies in the office of

president and vice president. procedures to deal with the

disability of a president. President may appoint a new

VP, subject to the approval of majority of Congress.

Used twice Nixon to replace Agnew with Ford Ford to select new VP

Also contains a section that allows the VP and a majority of the Cabinet (or some other body determined by Congress) to deem a president unable to fulfill his duties.

President can also voluntarily relinquish duties. 1985, Reagan made

G.H.W. Bush acting president during Reagan’s eight-hour surgery.


Constitutional Powers of the President Appointment Power Power to convene Congress Power to make treaties

Executive agreements Formal government agreement entered into by the president

that does not require the advice and consent of the Senate Veto Power

Formal constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing their becoming law without further congressional action

Commander in Chief War Powers Act

Pardoning Power Pardon: An executive grant providing restoration of all rights

and privileges of citizenship to a specific individual charged or convicted of a crime.


Presidential Teams (Senior Administrative Positions Requiring Senate Confirmation)


Treaties and Executive AgreementsConcluded by the United States, 1789-2002


The Development and Expansion of Presidential Power

President’s authority is limited by the formal powers found in Article II of the Constitution. Crises may trigger expansions of

presidential power. Presidents face limitations as well as

opportunities as the nature of the times may dictate.


Establishing the President’s Authority

President Washington’s precedents Established the primacy of the national

government Held regular meetings with his advisers

(establishing the Cabinet system) Asserted the prominence of the chief executive’s

role in foreign affairs Claimed inherent power of the presidency

Powers that can be derived or inferred from what is formally described in the Constitution


Incremental Expansion of Presidential Powers: 1809-1933 Most presidents from

Madison to Hoover failed to exercise the powers of the presidency in any significant manner.

Andrew Jackson was the first president to act as strong national leader. Made extensive use of

veto power Reasserted the

supremacy of the national government (and the presidency) by facing down South Carolina’s nullification of a federal tariff law.


Incremental Expansion of Presidential Powers: 1809-1933

Lincoln argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis. Suspended the write of habeas corpus Expanded the size of U.S. army above

Congress’s mandates Ordered a blockade of southern ports (initiating

war without congressional approval) Closed the U.S. mails to treasonable mailings


The Growth of the Modern Presidency Today Congress often is

just too slow to respond to fast-changing events (esp. in foreign affairs).

In the 20th and 21st centuries, the trend has been for presidential decision making to be more important.

Trend began with the four-term presidency of F.D.R. New Deal brought new

bureaucracy F.D.R. personalized the

presidency


The Presidential Establishment

Vice President The Cabinet The First Lady


The U.S. Cabinet and Responsibilities of Each Executive Department


The Executive Office of the President

EOP Establishment created in 1939 to help

the president oversee the executive branch bureaucracy.

Most important members National Security Council Council of Economic Advisors Office of Management and Budget Office of the Vice President U.S. Trade Representative


The White House Staff

Personal assistants to the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides.

Size increased over time Bill Clinton cut staff by 15% Current White House has fewer than

400 staffers


President as Policy Maker

FDR sent a legislative package to Congress and broke tradition. He said, “It is the duty of the President to

propose and it is the privilege of the Congress to dispose.”

Shifted the presidency into a law- and policy-maker role.


President’s Role in Proposing and Facilitating Legislation

Today the public expects the president to formulate legislative plans to propose to Congress.

Presidents must construct coalitions within Congress that will work for passage of his legislation. Difficult task Better to initiate early in term (honeymoon) Can use patronage and personal rewards to gain

support Use political party as a support


The Budgetary Process and Legislative Implementation

Congress had primary responsibility for the budget process until 1930. 1921- Creation of the Bureau of the Budget 1930 - Bureau of Budget moved to EOP 1970 - Nixon changed its name to Office of

Management and Budget OMB prepares the president’s annual budget

proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.


Policy Making Through Regulation

Executive Order: A rule or regulation issued by the

president that has the effect of law. All executive orders must be published in the Federal Register.

Truman ordered an end to segregation in the military.

Affirmative action was institutionalized as national policy through Executive Order 11246 by L.B. Johnson in 1966.


Presidential Leadership Often the difference between great and

mediocre presidents centers on their ability to grasp the importance of leadership style.

Seat of power from which decisions could flow to shape the national destiny

FDR and the Great Depression Lincoln and the Civil War Bush and 9/11?


The Power to Persuade Going Public

Mobilizing public opinion by going directly to the public

Going over the heads of Congress to gain support from the people who can then put pressure on their elected officials in Washington


Public’s Perception of Presidential Performance President has the best chances of

convincing Congress to follow his policy lead when his public opinion ratings are high.

Presidential popularity, however, follows a cyclical pattern. Highest level of approval at the beginning of

their terms Each action the president takes is divisive (some

will approve, others will not) Disapproval tends to have a cumulative effect so

in general approval wanes over time.

Chapter 7 The Presidency Pearson Education, Inc. © 2006 American Government 2006 Edition (to...

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Transcript of Chapter 7 The Presidency Pearson Education, Inc. © 2006 American Government 2006 Edition (to...