the presidency article ii. original intent the framers created a presidency of limited powers that...

The Presidency

Article II

Original Intent The framers created a presidency of

limited powers that would stay clear of parties and factions. enforce laws passed by Congress handle foreign relations enforce peace and order Strong enough to balance Congress but not

strong enough to overpower Congress. combined the ceremonial head of the nation

with the chief executive of government Four year term with no limits.

Checks on Presidential Power

Checks and Balances to make sure president did not acquire too much power.

Independent from the legislature, but would still share power with Congress.

The two branches would have to cooperate and consult with one another.

appointments had to be ratified could override a veto had to ratify treaties appropriations start with Congress

Divided Powers

The Framers intentionally set up President and Congress for conflict Elected by different constituencies checks and balances require that they

compromise. Policy changes and leadership can come from

both the legislature and the president. To succeed, President must work with

Congress. Thus, must share credit. System set up to require compromise.

Presidential Power

The power an individual president depends on a number of factors character and energy needs of the time party balance in Congress values and desires of the citizens challenges of current events.

Growth of Presidential Power

The power the president has in fact has steadily grown through history

Most of those who have been noted as great presidents have extended presidential power.

Once extended it is hard to get it back. Washington Lincoln Jackson both Roosevelts

Reasons Presidential Power Has Expanded

Congress has delegated power to the president in times of emergency

Supreme Court has looked favorably on expansive powers for the President.

Growing threat of war The Media favors presidential power Growth of federal role in social and

economic matters

Formal Qualifications

The Supreme Court sets out very sparse qualifications for the president.

35 Natural born citizen Lived in the United States

for 14 years (need not be continuous)

Oldest and Youngest Presidents

Informal Qualifications Polls indicate that _________is the most

important factor Honesty and Integrity Private character vs. public character

Other important qualifications: Courage Experience Political Savvy A Sense of History and Constitutionalism Vision Listening and teaching skills Communication skills Moral-Building skills.

The Job Of The President

The Constitutional and subsequent laws give the president responsibility in a number of areas:

chief executive of the bureaucracy nominate and appoint key officials implement and enforce laws sign or veto laws negotiate treaties recognize foreign nations serve as commander in chief serve as chief of state pardon or grant clemency propose an annual budge develop policies

Informal Job Duties

Crisis Manager

Commander in Chief Civilian Control of

Military Congress often cedes

authority to the President during a crisis

Changing Role of US Military

Undeclared Wars

Informal Job Duties

President as Morale Builder

President is the symbolic head of state President as national spokesman,

motivator and inspirational leader. Radiate national self confidence; instill a sense of pride lead national mourning bring out the best in the nation

Informal Job Duties

Presidents as Recruiters

President must bring in good people to serve in Government.

President typically makes over 4000 appointments.

Factors in selecting Reward supporters Send message regarding priorities

and policies Forge ties within the party. Forge ties with Congress by

appointing one of their own.

John Ashcroft

Informal Job Duties

Presidents as Recruiters

Recruiting good people getting more difficult Ethics in Government Act of 1978 Much lower pay than the private sector, and cost of

living in Washington is high Take a great deal of grief

Often must settle for a second or third choice Appointees often don’t serve for a full four-year

term. Many vacancies below cabinet head level

Informal Job Duties

Presidents as Priority Setters

President has an important role to play in setting the national agenda.

State of the Union Speech. One of the ways in which the

president has increased in power. Teddy Roosevelt and Woodrow

Wilson Presidents punished by the voters

when they fail to lead in setting the agenda.

National Security Policy

The Constitution gives the president a great deal of leeway in setting foreign policy. President has command of the two major

instruments of foreign policy—diplomatic corps and armed forces.

Also power to negotiate treaties. Supreme Court has ruled that the President is

the sole organ for handling foreign relations within the confines of the Constitution. (United States v. Curtiss-Wright)

Economic Policy

No Constitutional authority over economic policy Exercised power ever since New Deal. Works to keep unemployment low, fight inflation,

keep taxes down and promote economic growth. Presidents held responsible for economy

Presidents rely upon Sec. of Treasury Council of Eco advisors Director of Office of Management and Budget.

Domestic Policy President must be a leader in recognizing

domestic issues, finding solutions to them and leading the nation so that has support

Civil Rights, Medical Care, Social Security

Presidents as Coalition Builders

The President must work well with Congress behind the scenes to build coalitions and support for his policies.

May be the most important skill a president can have. President’s power to command is limited, so the

president must be able to persuade and bargain. No permanent enemies or friends. President has potent bargaining chips

patronage defense contracts federal spending support for a Congressman’s pet bill

Presidents are best at arm twisting indirectly

Presidents and Public Opinion

Presidents pay close attention to public opinion.

Presidents can’t afford to take actions or propose policies that are too far from public opinion.

Public opinion and popularity of president is very fickle.

Bush and Public Opinion

Media Relations Presidents use media to shape

public opinion. President’s goals and media’s

goals conflict. Presidents work to cultivate the

media. Presidents have staff devoted to

media relations Presidents have looked for

avenues to bypass traditional media.

Media is much more aggressive with politicians than they used to be.

Presidents as Party Leaders

The President is leader of the party. Strength of that leadership is dependent

on the strength of the president. Weak presidents have a harder time

controlling their party and this increases their ineffectiveness.

Presidents as Administrators

President is charged by the Constitution with ensuring that the laws are faithfully executed.

Must rely on subordinates. Administrative agencies created by

Congress to handle governmental business

President is boss in chief over everyone in the executive branch.

The White House Staff

The President increasingly has come to rely upon staff. More loyal and reliable than cabinet. Why?

Must be careful not to rely too much on staff

Staff today numbers about 400. Staff have 6 primary functions

domestic policy economic policy national security or foreign policy administration and personnel matters congressional relations public relations.

Josh Bolton, White House Chief of Staff

Institutionalized Executive Office

The Executive Office of the President was created in 1939 at the recommendation of FDR.

Purpose: help the president carry out the growing responsibilities of the office, especially those caused by the great depression.

Made up of:• Office of Management and Budget• Council of Economic Advisors• Other support groups

Office of Management and Budget (OMB)

OMB is the central presidential staff agency. Director advises the president in detail about the

numerous other governmental agencies. how much funding each should have. how well each is performing clears all agency policy recommendations before

passed on to President Prepares budget President submits to Congress

Is a central watch-dog over all agencies to make sure that they stay on the same game-plan with the President.

The Cabinet

Cabinet: Presidents central advisors. Typically defined as the head of the 15 executive

departments, Vice-President and others. Some presidents will treat others as “cabinet

level” Cabinet is not mentioned in the Constitution, but

was established by Washington. Selection of Cabinet sets the tone for the

President’s new administration.

Cabinet

Use of the cabinet has varied from President to President.

President is not required to meet with them. Often tension between the president’s staff and

cabinet members. Why?

Staff and sometimes presidents begin to discount advice of department heads

Kitchen Cabinet

Presidential Succession

Article II, Section 1 makes the Vice President first in the line of succession

Presidential Succession Act of 1947 Sec. of State Pres. Pro Tempore Cabinet in order offices created

Never gotten below the VP Surprising Unlikely now with 25th Amendment.

The Constitution and Succession

VP automatically takes over as president if Pres. dies, resigns or is removed from office.

John Tyler and the 25th Amendment

Vice Presidency

One-in-five Vice Presidents have become President because of death or resignation.

Five of our last 11 presidents have been vice presidents at some point.

Humphrey, Mondale and Gore were nominated by their parties.

Vice Presidency is a much more important stepping-stone to the presidency than it once was.

The Vice Presidency

The VP has only three formal duties:

Preside over the senate break ties, help decide questions of presidential

disability. VP has filled unexpired terms nine

times. 4 assassinations, 4 deaths, 1 resignation.

Some have been disasters—Tyler, Andrew Johnson

Some have been surprise successes—T. Roosevelt, Truman, Chester Arthur.

THE VICE-PRESIDENT

President define VPs other duties. Historically, the VP played a very limited role. Reasons:

Often selected to balance the ticket had views different from the president.

VP was often a former rival; not trusted. Presidents have been hesitant to share power. VP can’t be fired, thus hard for the president to

control.

History of the VP

A dead-end job a way to get rid of troublesome

politicians. Some dreadful VPs. VP was often selected for political

reasons VP’s were often jettisoned

between elections Historically, VPs have had little

direct involvement in government.

Why?

Changing VP Last two VPs have had a larger role in

government. Prior to 1944 Van Buren was the last VP to

become President without benefit of president dying. 1836.

Since 1944, Truman, Nixon, Johnson, Bush all former VPs who won on their own.

Gore, Humphrey, Mondale all former VPs who got party nomination.

In modern politics VP has become a stepping-stone to presidency.

Reasons?

Twenty-Fifth Amendment

VP is president in fact upon death of President.

Filling VP vacancy Ford, Nelson

Rockefeller. Majority of both

houses

25th AmendmentPresidential Disability

Voluntary Disability Involuntary Disability

VP and Majority of Cabinet

2/3 of both Houses

Keeping Presidents Accountable

Reelection and Legacy Congress Supreme Court Media Public Opinion

Presidents and Public Approval Rating