Chapter 12: The American Presidency

1. Interest representation2. Rule initiation3. Rule application

(chief executive officer of the federal bureaucracy)

Presidential Functions

4. Rule interpretation through nominating federal judges and top regulatory officials

5. Resolves conflicts6. Generates support for the party

and political system7. Creates legitimacy ex. Bill

signing

Presidential Functions

No top executive under the Articles of Confederation

Not all of the constitutional framers wanted a presidential office

The Federalist 69 addresses these arguments

Article 2 of the US Constitution

History of the Office

Implied powers – argument that the constitutional framers gave the president certain implied powers in order to do what is necessary to preserve national security

The Constitution and the Presidency

1. Commander in chief of the armed forces

2. The president has the powers to make treaties with the advice and consent of the Senate

Article 2’s expressed powers

Constitution’s Expressed Powers

3. The president can nomination and with the advice and consent of the Senate appoint ambassadors, public ministers, and consuls.

4. The president is authorized to receive ambassadors and public leaders.

More generally….

5. Has the power to grant pardons

6. Can nominate and appoint judges and other officials

Constitution’s Expressed Powers

7. Must provide a state of the union address to congress and can offer legislation at other times

8. Veto subject to congressional override

Constitution’s Expressed Powers

Chief of State Chief Executive Chief Diplomat Commander-in-Chief Chief legislator Manager of Prosperity Chief of party

Job Description

Public Support Press Events Prestige Bully Pulpit—term coined by Theodore

Roosevelt—refers to effective communication

Informal Sources of Power

These were the sources mentioned earlier.

They come from:1. The Constitution2. Special legislation3. Court Decisions

Formal Sources of Power

VETO

1. President has 10 working days to sign a veto

2. If he/she uses the veto, the bill goes back to the originating house with an explanation for the veto

3. Congress can override with 2/3 vote

Formal Sources of Power

Pocket veto—by taking no action, the president can let the bill die

Formal Sources of Power

1. Bargaining ability2. Enemies lists

example: Richard Nixon3. Powers are not self-executing

so must make effort

Potential Avenues to Actual Power

President appoints but requires Senate approval

Limits on Power

Treaties require Senate approval

Limits on Power

President can recommend legislation but Congress must pass

Limits on Power

President can veto but Congress can override

Limits on Power

Supreme Court can overrule

Limits on Power

The 22nd amendment limits the President to two terms—additional check and balance

Limits on Power

President can be impeached –(requires majority of votes in the House)

President can be convicted and removed(2/3 vote Senate)

Limits on Power

1. Public Opinion

2. Events

3. Isolation from others

4. Groupthink

Informal Limits on Influence/Power

Presidential establishment—President is surrounded by advisors and aides

Swelling of the presidency

Inner Sanctum—no checks and balances

Role of the machinery

Structure of the Presidency

Inner Circle

Closest friends and advisorsCan include first lady

Structure of the Presidency

White House Staff

Personal AidesChosen for loyalty and supportOften have worked for President

before

Structure of the Presidency

Office of Management & Budget (OMB)

President appoints top officials Rank and file are normally career staffers Prepares President’s annual budget Funnel legislative advice Prepares congressional testimony

Structure of the Presidency

Economic Advisors

National Economic Council (NEC) Established by President Clinton Condoleeza Rice Deficit Analysis Tax Advice

Structure of the Presidency

National Security Council (NSC) Includes President, V.P., Secretary of State,

Secretary of Defense and more Created 1947 Utilization depends on times and President Influences foreign relations

Structure of the Presidency

Domestic Council

Established by Nixon Is to domestic policy what NSC is to foreign policy

Structure of the Presidency

Vice President

Role depends on the President Serves as President of Senate Next in succession for Presidency

Structure of the Presidency

The Cabinet

Constitution does not provide for a cabinet but each President has had one.

President, V.P. the heads of all the agencies/departments

Structure of the Presidency

The Cabinet (cont)

Carter and Reagan utilized for decisions

Whole is less than the sum of the parts

Miscellaneous agencies and special Presidential Commissions

Outer circles of structure Councils can influence public opinion

Structure of the Presidency

Presidential Structure varies

from President to President

Role of President is strong b/c can respond quickly

Public support Complexities of international relations Commander-in-chief role

Presidential Power in Foreign Affairs

Congress declares war Congress ratifies treaties and appts. Congress raises and supports armies, provides

and maintains the navy and appropriates money. Congress relugates the armed forces and provides

for calling forth the militia

November 7, 1973 Nixon vetoed and congress overrode Law spells out the conditions under which a

president can deploy troops and commit them to hostilities (status reports, consultation, etc)

The War Powers Act

President’s constitutional powers less imposing

Popular support may vary Conflicting demands from constituencies

Domestic Affairs