Download - The presidency
The Presidency
QualificationsNatural-Born Citizen35 Years old14 years residency
QualificationsNatural-Born Citizen35 Years old14 years residency
Which 2008 nominee was not born in the U.S.?
QualificationsNatural-Born Citizen35 Years old14 years residency
Which 2008 nominee was not born in the U.S.?John McCain, b. 1936 Colon, Panama
Historical PerspectiveOriginally weak
Commander-in-Chief, but no strong army
Constitution was vague, flexible
Late 19th CenturyShift started with industrialization
Skyrocketed in 20th Century with growth in US power, economic expansion
Why more power?EnergyVague ConstitutionPublic ExpectationCongressional Delegation
Executive PowerPrerogative Power
Locke: necessary to give executives the powers to do “several things of their own free choice, where the law is silent, and sometimes, too, against the direct letter of the law, for the public good”Abraham Lincoln
Powers and Duties“make treaties” “with advice and consent of
the Senate”“shall nominate” “Ambassadors, Judges of
the Supreme Court, and all other Officers of the Supreme Court”
“give to Congress Information of the State of the Union”
“recommend to [Congress]…such measures he shall judge necessary and expedient”
“Shall be removed from office…for…Treason, Bribery, or High Crimes and Misdemeanors”
Powers and Duties“make treaties” “with advice and consent of the
Senate”“shall nominate” “Ambassadors, Judges of the
Supreme Court, and all other Officers of the Supreme Court”
“give to Congress Information of the State of the Union”
“recommend to [Congress]…such measures he shall judge necessary and expedient”
“Shall be removed from office…for…Treason, Bribery, or High Crimes and Misdemeanors”Sestak allegation
Constitution v. IndividualsWhig Model
Don’t go beyond explicit powersStewardship Model
Do all but those things that are explicitly forbidden
Roles of the presidentChief of StateCommander-in-ChiefChief LegislatorManager of the EconomyChief Diplomat
Limited PowersPersuasion
Speeches used to influence public, lawmakers, even foreign countries
Used much more often todayRecommendationBudgetAppointmentTreaty
PowersPersuasionRecommendation
Initiate DebateCan be ignored by Congress
BudgetAppointmentTreaty
PowersPersuasionRecommendationBudget
Before 1921, agencies set their own budgetsOffice of Management and BudgetCongressional Budget Office
AppointmentTreaty
PowersPersuasionRecommendationBudgetAppointment
“appoints Ambassadors, other ministers and Consuls, Judges of the Supreme Court,” etc.
Subject to “advice and consent from the Senate”
Treaty
PowersPersuasionRecommendationBudgetAppointmentTreaty
Official agreements with other countries2/3 of Senate must approveBefore 1928, 14% of treaties were ratified
PowersTreaties
Executive Agreements – legal contracts with foreign countries that require only a presidential signature
Not specified in the ConstitutionOK’d by the Supreme Court in 193720:1 ratio of Ex. Agreements:Treaties
Powers Commander-in-Chief
Only Congress can declare War Lincoln vastly expanded this role Roosevelt showed Congressional weakness
in stopping action
Powers
War Powers Resolution (1973) If troops are sent into harms way, Congressional
approval required within 60 days
Executive OrdersDirectives to government employees which
carry the weight of law unless they contradict acts passed by Congress
Lincoln – Emancipation ProclamationTruman – desegregated armed forcesJohnson – affirmative actionFord – assassination of foreign leaders
Executive privilegeRight of the President to deny Congress the
information it requestsMost controversial of implied powers
George Washington sets precedentNixon on WatergateClinton during the Lewinsky affairBush on a variety of things
Extended to VP, aides
Veto PowerMost important FORMAL power
Before Lincoln, only ~4 vetoes per term
FDR: 650+ vetoes
Since JFK about 1 of 10 vetoes are overturned
Signing StatementsDirectives to executive branch departments
and agencies telling how to implement a certain law, and are sometimes appended to a law when signed by the PresidentExplicates a President’s interpretation of a
law or can be used for political gain
Signing StatementsUp to Jimmy Carter, <100 signing statementsGHW Bush & Clinton : 247GW Bush : 147 as of February 1, 2007
-tend to be vague, broad
Similar to a line-item vetoClinton v. New York (1998): a President must
sign a bill, or veto/return it to Congress
The Presidential CharacterJames David Barber (1972)
a President’s style, worldview, and character are important in predicting whether they will succeed
CharacterMost important aspect
Based on 2 qualities:Active/Passive
How much energy is put in?
Positive/NegativeHow does the President feel about their role?
Four Types emerge
Active-PositiveHealthy, active, energetic presidents
Office will be “an engine of progress”Conviction of CapabilityPositive Sense of the FutureCommunication of Excitement
FDR, JFK, Carter, Truman, maybe Reagan and Clinton
Active-NegativesCompulsive, aggressive qualities
World is DangerousPersistent/Stubborn style
This style will be too rigid, will result in disastrous presidencies
Published in 1972, marked Nixon as Active-Negative, then Watergate happened
Passive-PositiveReceptive, compliant, cooperative more
than assertiveTend not to accomplish much, but are
otherwise harmless
Passive-NegativeTend to do political service in order to
compensate for low self-esteem based on feelings of usefulness
Feel this is their “duty”Avoid action, allows problems to worsen
Coolidge, Eisenhower
CriticismsCan’t “pigeonhole” individualsIdeology more important than characterContext is decisive
Events make the president
Vice PresidentOnly formal role is President of the SenateVice President/President John Adams
“the most insignificant office that ever the invention of man contrived or his imagination conceived”
Vice President Thomas MarshallVice President John Nance Garner
Vice PresidentOnly formal role is President of the SenateVice President/President John AdamsVice President Thomas Marshall
“Once there were two brothers. One went away to sea. The other was elected Vice President of the United States. And nothing was heard of either of them again.”
Vice President John Nance Garner
Vice PresidentOnly formal role is President of the SenateVice President/President John AdamsVice President Thomas MarshallVice President John Nance Garner
“Not worth a pitcher of warm piss”
Vice PresidentAny additional roles are at the discretion of
the PresidentTruman knew nothing of the Manhattan
ProjectUsually not close to the President, or even
trustedLately more roles have been given to the VPCheney has been most influential VP
Vice PresidentOriginally the runner-up in the presidential
electionFirst in line if the President dies, resigns, or
is unfit for dutyIs a stepping stone for many future
Presidents