The American Presidency

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• The American Presidency

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The Central Dilemma

• The individual (his personality, skills, etc.)
  versus history (environment, nature of times)
• Do great presidents make history or does history
  make them?
• Would a president other than Lyndon Johnson have
  passed the civil rights legislation of the 1960s?
• Would a president other than FDR have gotten us
  through the Great Depression and WWII?
• Would a president other than Reagan have dealt as
  effectively with the Soviets?

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Historical Powers of the Presidency

• 1. The Traditional President (late 1700s-early
  1930s) presidents did little during this period,
  and Congress was generally dominant exceptions?
• 2. The Modern President (early 1930s-mid-1970s)
  a powerful activist presidency prompted by the
  Great Depression and WWII, Congress become less
  dominant.
• 3. The Postmodern President a weakened
  presidency whose powers have been sapped by
  relative economic decline and the growth of
  interdependence. The world has now closed in on
  the American presidency. The main result of this
  is that in this new era a president must go
  international in order to get much of anything
  done.

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Art. II Constitutional Qualifications of POTUS

• (a) 35 or older
• (b) natural born
• (c) 14 years of residency
• (d) term limits (22 amendment-2 terms)
• (e) disability of president - 25th amendment.
  A new non-elected VP needs approval from both
  houses.
• (g) popularly elected but indirect election
  through Electoral College.
• Many world leaders not elected but selected
  by someone. i.e., PMs are chosen by the
  majority party.

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Art. IIPowers Duties of the President
CHIEF EXECTIVE head of Executive
Branch COMMANDER IN CHIEF head of the armed
forces (War Powers Act)
GRANTS REPRIEVES PARDONS Reprieves delay of
punishment Pardon forgiveness
POWER TO SIGN OR VETO laws passed by congress
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Art. IIPowers Duties of the President
MAKE TREATIES with other countries -must be
approved by 2/3 of Senate -can also make
Executive Agreements -whats the difference?
MAKE APPOINTMENTS to cabinet, Supreme Ct.,
ambassadors, etc. - Must be approved by
Senate (a new POTUS makes approx. 3,000
appointments)
Duty to report to Congress the people on THE
STATE OF THE UNION
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ROLES OF POTUS

• Chief of State
• Chief Executive
• Chief Administrator
• Chief Diplomat
• Commander in Chief
• Chief Legislator
• Chief of Party
• Chief Citizen

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SALARY BENEFITS

• 400,000 PLUS SALARY!!!!
• (227,300 VP same as Speaker Chief Justice)
• 50,000 Expense Account
• Benefits
• Housing
• Transportation
• Health Care
• Secret Service for Life
• Pensions
• Movie Theatre

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TERM SUCCESSION

• 2 Term precedent from who to who?
• 22nd Amendment 1951 how long can POTUS
  actually serve?
• Should this amendment be repealed?
• Reasons for succession
• Death, resignation, impeachment AND conviction,
  temporary or permanent disability
• Order of succession
• Determined by Congress P Succession Act
• VP, Speaker, Pres. Pro Tempore, Sec. of State
  .other cabinet members in order of cabinet
  creation. Who would be last?

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ELECTION

• ELECTORAL COLLEGE
• P VP are only 2 offices in this country elected
  by the electoral college method
• Allocation of electoral votes does NOT always
  reflect the population
• CA has approx. 1 electoral vote for every 500,000
  voters AK has 3 electoral votes for all 183,000
  people

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Electoral College

• 4 times winner of popular vote has NOT won the P
  election
• 1824 Jackson lost to John Q. Adams
• 1876 Tilden lost to Hayes
• 1888 Cleveland lost to Benjamin Harrison
• 2000 Gore lost to George W. Bush
• Election date is always the Tuesday after the
  first Monday in November.
• Inauguration is always Jan. 20 (per the 20th
  Amendment)
• Oath of office is administered by the Chief
  Justice of the Supreme Court

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Presidential Power, Richard Neustadt

• Presidential power is the power to persuade
• A presidents power is related to the perception
  of three audiences
• 1. Others in Washington D.C. (Senate, House of
  Representatives, Supreme Court)
• 2. The party activists and officeholders
  outside Washington
• 3. The mass public at large
• 4. A fourth audience today?

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LEADERSHIP ATTRIBUTES OF POTUS

• Ability to manage a crisis
• Ability to demonstrate leadership as perceived by
  the public
• Ability to appoint quality officials
• Ability to set clarify the national agenda
• Ability to achieve success in the foreign policy
  arena
• Democratic principles reflected by Ps on Mount
  Rushmore?

Democracy
Equality
Liberty
Global Responsibility
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POWERS OF THE PRESIDENT

• How is a P different from a Prime Minister?
• P has term limit
• PM has no divided govt
• PM is longtime party leader
• Party discipline is better in a parliamentary
  system
• Types of powers Examples of each?
• National Security
• Legislative
• Administrative
• Judicial

• Commander in Chief
• State of Union
• Appointments
• Nominate judges, pardons

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POWERS OF THE PRESIDENTPower of Appointment

• To federal offices
• (bureaucracy)
• Federal/SCOTUS judicial positions
• Cabinet
• Divided Government poses problems in appointment
  why?
• Harder to get Senate approval
• Ideological conflicts
• Offices may go unfilled

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POWERS OF THE PRESIDENTPower of Appointment

• So how do appointments get confirmed?
• To fill positions, POTUS must
• go to public for support
• build coalitions in Congress
• make deals and compromise
• diversify in his choices
• do more background screening
• President does have power to make recess
  appointments without Senate confirmation

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War-making Power of POTUS(National Security
Powers)

• Most problems between P Congress
• War Powers Act of 1973 why?
• Nixon vetoed / veto overridden
• P can commit troops in 1 of 3 ways
• Declaration of war by Congress
• (only 5 times in history)
• National Emergency
• If use of force is in national interest
• P must advise Congress of troop deployment within
  48 hours keep Congress advised
• Commitment of troops ends after 60 days UNLESS
  approved by Congress

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War Powers.

• Has been called a legislative veto- is it?
• Issue has not yet been resolved by the Courts
• All Ps have deemed War Powers Act
  unconstitutional and, in many cases, ignored it
• Ps who have flaunted war powers?
• Reagan Grenada
• Bush, Sr. Kuwait/Desert Storm
• Clinton Haiti /Bosnia
• George W. Iraq
• Obama Libya 2011 . But did notify Congress of
  troop deployment there in 2012

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POTUS as Chief Executive (Administrative Powers)

• 2 resources for controlling the bureaucracy?
• Appointment of top level administrators
• Recommending budgets to Congress
• Role of the VP?
• Only constitutional duty?
• Why havent Ps expanded
• the role of the VP over the years?

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THE EXECUTIVE DEPARTMENTSEXECUTE ALL LAWS

• The Cabinet
• 15 cabinet positions (Homeland Security is
  newest)
• EOP (Executive Office of the President)
• Created by FDR 1939, to support administration
• Chief of Staff Ps top aide, manages EOP
• National Security Council, OMB, Council of
  Economic Advisors, Office of National Drug
  Control, Office of First Lady, Trade
  Representative.
• Directly advise P on a daily basis
• None elected over 600 most NOT subject to
  Senate confirmation.
• White House Staff
• Chief of Staff Deputy Chiefs Senior Advisors
  Counsel

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Chief Legislator(Legislative Powers)

• State of Union address to Congress the people
• Power to veto legislation
• Usually effective
• Only 4 of all vetoed bills overridden

• Line-item veto Governors have it, Ps dont
• Congress gave it to Clinton in 1996
• In Clinton v. City of New York, 1998 SCOTUS
  held it unconstitutional grant of power to P by
  Congress
• Held it violated the presentment clause which
  governs the law-making process
• Midterm elections Ps party generally loses
  seats in Congress

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EXECUTIVE ORDERS
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Chief LegislatorORDINANCE POWER

• EXECUTIVE ORDERS P writes law!
• Source Constitution implied to further acts
  of Congress
• Can be overturned by Congress dont fund it or
  pass conflicting law OR by SCOTUS held
  unconstitutional
• Can also be overturned by future Ps

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Chief Diplomat Treaties Executive Agreements

• Ps have exclusive power to grant diplomatic
  recognition to a nation
• Ps have exclusive power to negotiate treaties
  (Senate approves supermajority vote)

• In addition to treaty-making power, Ps also have
  power to negotiate executive agreements with
  heads of foreign governments
• Whats the difference?
• NO SENATE RATIFICATION IS REQUIRED in this!
• Note Treaties are binding on future Ps, but
  executive agreements are not.
• Most routine non-controversial - food
  deliveries, customs
• BUT, can implement important controversial
  policies
• Vietnam peace agreement, Salt I limiting
  offensive nuclear weapons, NAFTA

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Relationship withthe Media
Press Secy Robert Gibbs

• MUST have a good one!
• Press Secretary (part of White House staff) deals
  with the press corps
• P gets much access to television spots
• P gets weekly radio address to discuss whatever
  he wants
• Ps have tried to control spin the media since
  Watergate
• Which P had best relationship?

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Relationship with the Media
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Public Approval

• Polls used extensively
• Average rating of outgoing Ps is 50 or less
• During national emergencies, approval usually
  increases
• Techniques that work
• FDR Fireside Chats
• Clinton Town Hall Meetings
• Factors affecting opinion of P
• Pre post election swings
• Ability to handle a foreign crisis
• CONDITION OF THE ECONOMY
• Leadership during a domestic crisis
• Ability to get programs through Congress

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APPROVAL RATINGS
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IMPEACHMENT

• The President, Vice President other public
  officials may be impeached tried for treason,
  bribery other high crimes misdemeanors.
• House of Reps impeaches (indicts)
• by a majority vote
• Senate holds trial (jury)
• Acquits or convicts (requires 2/3 vote)
• What happens if convicted?
• Only 2 Ps ever impeached?

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The Clinton Vote

• Clinton was impeached on two counts, grand jury
  perjury (228206) and obstruction of justice
  (221212), with the votes split along party
  lines.
• Senate Republicans couldnt get the two-thirds
  majority for conviction.
• On Feb. 12, 1999, the Senate acquitted President
  Clinton on both counts.
• The perjury charge failed by a vote of 5545,
  with 10 Republicans voting against impeachment
  along with all 45 Democrats.
• The obstruction of justice vote was 5050, with 5
  Republicans breaking ranks to vote against
  impeachment.