Executive Branch(Presidency)

Article II

Section 1, Clause 1: “The executive power shall be vested in a

President of the United States of America”

Executive branch one of the MOST discussed topics at the Con. Convention Too much power vs. “congressional puppet”

Article II

Selecting the president also an issue Popular vote?

Concern with large states wielding too much power Selected from Senate?

Elitist, limited candidates, nominations?

Section 1, Clauses 2 - 4: Electoral College

Electoral College

How it works: http://www.youtube.com/watch?v

=ok_VQ8I7g6I

Electoral College – WTF?

Framers thought that with each state voting separately, they would elect a “favorite son” This would mean no clear majority Then the House decides the election (II,1,3)

Why didn’t this work? National parties took hold

Article II Section 1, Clause 5:

Requirements to be president Natural born citizen

Jus soli – by soil Jus sanguinis – by blood

35 Years old

14 years of residency

Article II

Section 1, Clause 6 Presidential succession

Section 1, Clause 7 President may get paid

Can’t be increased during term of office

Section 1, Clause 8 Presidential Oath of office

Article II

Section 2, Clause 1 “The President shall be Commander in Chief of the

Army and Navy of the United States”

Also gives the president ability to have a cabinet

Provides the ability to make pardons and reprieves

Article II

Section 2, Clauses 2 and 3 Gives president power to make treaties (w/ 2/3

senate approval)

Power to appoint officials (judges and other officers)

Article II

Section 3 Give congress the “State of the Union”

Can call Congress to session

Receives ambassadors

“shall take Care that the Laws be faithfully executed”

Article II

Section 4 “The President, Vice President and all civil

Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”

Roles and Powers of the President

Presidents vs. Prime Ministers elected by people usually political

outsiders

cabinet members are outsiders

work with divided governments

elected by parliament always insiders cabinet members are

insiders get most legislation

passed

Chief Citizen

Chief ofParty

ChiefLegislator

CommanderIn Chief

ChiefDiplomat

ChiefAdministrator

ChiefExecutive

Chief ofState

Roles/Powers of the President Chief Executive

approve laws, appoint officials, preside over bureaucracy

Commander In Chief final military decisions,

commission officers, military strategy

Domestic Policy Leader done via “State of the Union”,

what’s important

Roles/Powers of the President

Foreign Policy Leader relations with other countries,

sign treaties/agreements, much power in this area

Representative of the Nation top diplomat, head of state

Party Leader His decisions become “party

decisions”

Evolution of Power

Presidential Power Exists in 3 “eras” 1st Era – Early Presidents

Washington – Jackson 2nd Era – Congressional Dominance

Van Buren – Hoover (excluding Lincoln and T.Roosevelt) 3rd Era – The Modern Presidents

FDR – Obama

Early Presidents(Washington – Jackson) Stuck closely to formal powers (in Con.) Worked closely with Congress Elitist (until Jackson) Forced to take risks (no precedents) Bottom line:

Power expanded, but stayed mostly within bounds of Constitution

Congressional Power (Van-Buren – Hoover) Congress begins to reassert power Unified Congress acts quickly on matters

Reduces importance of “Chief Legislator” Most 1800’s congresses were “veto-proof”

Speaker of House more powerful Bottom line:

With a few exceptions, Congress dominated the government

Modern Presidents(FDR – Obama) Massive expanse of power (formal and

informal) People associate events with President more

now 11 of the 13 presidents have made a

“significant” change to the office or country Carter/Ford exceptions, viewed as weaker

Bottom line: Modern presidents lead, congress follows

Modern President order:

Roosevelt: 1933-1945 Truman: 1945 – 1953 Eisenhower: 1953-1961 Kennedy: 1961-1963 Johnson: 1963 – 1969 Nixon: 1969-1974 Ford: 1974 – 1977

Carter: 1977 – 1981 Reagan: 1981 – 1989 Bush: 1989 – 1993 Clinton: 1993 – 2001 W. Bush: 2001 – 2009 Obama: 2009 - ?

What did they do? FDR: new deal, strong personality, fireside chats, wartime president, tried to

change SC Truman: wartime, desegregated military, atomic bomb; Eisenhower: activated military in peacetime, strong media personality, LONG

lasting SC appointments, TVs in white house Kennedy: strong personality, motivated country Johnson: “Great society”, civil rights movement assassinations of

Kennedy/MLK Nixon: strong personality, excessive use of executive privilege, opening of

China, troops home from vietnam Ford/Carter-Weaker Reagan: Economy upswing, strong personality, major use of media, massive

use of executive orders Bush: Wartime Clinton: Economy upswing, sued as president, W. Bush: National Tragedy, War, created new cabinet department Obama: Social networking, motivation of younger voters, massive gov’t

spending

What’s different w/ modern presidents? Increased use of media requires stronger

personalities for President

Increased communication with people gives impression president is “speaking” on their behalf

Ticket-Splitting = more divided government

Informal Powers

Powers not specifically granted by the Con. Use of media Executive Orders Executive Agreements

Executive Order

Legally binding directive by the president (acting as chief executive) on an executive agency

TYPICALLY to get the agency to enforce a law a particular way or at a particular speed Truman – Desegregation of Military Eisenhower – desegregation of schools Clinton – granted use of lands for parks/monuments Reagan – banned use of federal money for abortions

Congress can override an EO by making law more specific

Executive Agreement

A foreign policy similar to a treaty made by president with foreign governments

Not binding on future presidents Does NOT require Senate Approval

Roosevelt – Lend Lease program Carter – Release of Iranian Hostages

Supreme Court generally supports From 1939 – 1999 94% of international law

done through executive agreement

The Power To Say “NO” (Veto) Veto: refusal to sign a bill passed by both houses of

Congress often accompanied by a veto message that explains the vet

Pocket veto: Congress adjourns in 10 days after passing a bill

Line item veto: would give the President the power to select parts of legislation to pass. Clinton was given line item veto, but it was taken away in

Clinton v. NY Proponents argue it would prevent riders and Christmas tree

bills Opponents argue it gives the President ability to “re-write”

laws.

The Power To Say “NO” (Veto) Executive Privilege: informal power claimed by

some Presidents to keep info. Confidential Kennedy sought to protect his defense department

officials Nixon did not want to hand over Watergate Tapes Clinton claimed he could not be sued in office

Impoundment of Funds: President refuses to spend money authorized by Congress Budget Reform Act of 1974 forces President to either

spend money or send a message to Congress explaining why money is not spent

Vice President

Powerful?

"the most insignificant office

that ever the invention of man contrived or his

imagination conceived.“

“One word sums up the responsibility of any vice-president, and that one word is "to be prepared”

"Once there were two brothers. One went away to sea; the other was elected vice president. And nothing was heard of either of them

again."

Formal Powers of VP

Succeed the president Help in decisions of capability to serve Preside over the Senate

Only votes in case of a tie Actually counts electoral votes

Whoa! That’s it? That’s all I get to do?

Informal Powers

None really Some VPs have taken up their own causes

Gore – Environment Bush – Deregulation, Drug Smuggling

Recent VPs have been asked for more input and given power by the President in For. Policy Bush, Cheney, Biden (Gore an exception)

Organization of Executive Office and White House Office

What is the Executive Office?• Set of groups with the specific task of advising the president on specific topics when requested

What is the White House Office More “administrative” and less “policy-

oriented” than the executive office Handle day to day Presidential activities

Press briefings, stagings, responding to mail, coordinating photo-ops, research, speech-writing, etc

Organizational methods - Circular

Vice President

Selected Advisors

Special Assistants

Chief of Staff

Executive Office

Cabinet Secretaries

PRESIDENT

White House Office

Task Forces

Organizational methods – Ad Hoc

Vice President

Selected Advisors

Special Assistants

Chief of Staff

Executive Office

Cabinet Secretaries

PRESIDENT

White House OfficeTask

Forces

Committee

Leaders

Organizational methods - Pyramid

President

Chief of Staff

White House Office Executive Office Task Forces Selected Advisors

Vice President

Organizational methods – Pros/Cons Pyramid Structure: hierarchy of authority

PRO – orderly flow of info CON – may isolate the president

Circular Structure: roundtable discussion PRO – much information from direct sources CON – arguing amongst cabinet members

Ad hoc structure: informal groups of friends and advisers PRO – flexible and allows outside POVs CON – may cut off President from people who make

implement policy