G-12: The Presidency

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Chapter 12- The Presidency (1). Outline the presidency's development in theory and legal & political independence. (2). Examine the President’s constitutional powers, and those shared with Congress, to

include: shared powers, enumerated powers, and implied or inherent powers.(3). Outline the presidency in practice by which theoretical rules of the office are applied.(4). Discuss the advent of the “modern” presidency and the impact of FDR.(5). Summarize the key roles & responsibilities performed by the president, and contrast

Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, and CINC.(6). Outline how the President is nominated and how this process has changed over time.(7). Explain how the President is elected, and the significant role of the electoral college.(8). Examine the institution of the Presidency and various sources of Presidential power.(9). Contrast the diverse models used by presidents and explain their historic impact.(10). Discuss the organizational structure of the Presidency and key agencies of the EOP.(11). Examine how the office of the Presidency works and the impact of internal factors, to

include: EOP functions, Presidential Management Styles, and the role of the Staff.(12). Examine external influences and the impact of expectations on the Presidency. (13). Analyze the modern presidency in political context of: permanent crisis, conflicting

expectations, and time & institutional constraints. (14). Compare the various presidential strategies and assess their effectiveness.(15). Examine the diverse relationships which the President must effectively maintain.(16). Assess the future strengths and limits of Presidential power and leadership.

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Development of the PresidencyConstitutional Rules:

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?___________ from other branches

?_______p

owers

Vaguely defined ?________

Three Primary Characteristics:

Legal & Political Independence

• Congress & Courts => no major role in selection– Congress only counts ?_______ ________ votes– Only selects if no candidate has clear majority

• Impeachment rules=> political independence – Examples: A. Johnson & Clinton’s impeachment

• Four year term & option for (one) re-election– When FDR bucks precedent => 22nd Amendment

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President’s Shared Powers

• The Constitution both empowers & constrains– Power to appoint Judges & executive officers– Power to make Treaties with other Nations

• But above powers constrained by what shared with who?– Senate’s role?– Provide Advice & ?______________

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Article II of the Constitution President’s Enumerated Powers

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Powers ?__________ ___________in the text of the Constitution

Enumerated Powers

Or Explicit, or Delegated Powers

Article II of the Constitution

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• Make treaties

• Make appointments

• Veto power

• Commander in Chief

• “Executive Power”

• Power to pardon

• Recommend legislation

• Call Congress to session

• Receive Ambassadors

Enumerated Powers

Powers explicitly identified in the text of the Constitution- To include:

What exactly does “vested with Executive Power” mean?

The Presidency in Practice Applying the Rules:

• George Washington’s precedents:– Proposed & lobbied Congress to pass his agenda– Established principle of confidentiality– Limited Senate’s “advice” to “consent” only – Denied Congress formal role in Diplomacy– Established President as leader of executive branch– Two Term limit informally established (impact?)

• Thomas Jefferson’s precedents:– Established President as “Leader of the Party”

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The Presidency in Practice (2)• Andrew Jackson’s precedents:

– “voice of the people” (national constituency) – Justification for President’s leadership role

• Abraham Lincoln’s precedents:– Whatever it takes to protect Union=> peak of Power

• Usurped powers of Congress (appropriate $$$ & declare War)• Ignored Constitutional limits to preserve Union

– (later rebuffed by the Supreme Court)

• Historical Ebb & flow of Presidential power:– 40 years following Lincoln (Congress took the lead)

• Exceptions: TR & WW=> revive growth of presidential powers • TR: progressive domestic & aggressive FP actions (Caribbean)

• WW: World War I & “State of Nation” (personal address Congress) 9

Article II of the Constitution

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?__________ or “Inherent” Powers

Governmental powers not enumerated in the Constitution; authority the

government is assumed to have in order to carry out its enumerated powers

Vague Definition of President’s power & authority

Impact on powers of the Presidency?

The powers of the presidency have ?________ over the last two hundred years.

Impact?

Advent of the “Modern” Presidency • Who is most identified with the start of the

“modern” Presidency?– Franklin D. Roosevelt

• Impact of FDR: – Preeminent source of national leadership (why?)– Role of FDR during Great ?___________ & ?_________– Effect on all of FDR’s successors ever since?

• Key precedent: The First 100 Days

• Institutional Leadership: – What are the various roles played by Presidents?*

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The Modern President

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Institutionalized Leadership - Six Key Presidential Roles:

•Chief of ?___________

•Chief ?___________

•Chief ?___________

•Nation’s ?______ _______

•Chief ?___________

•Commander-in- ?___________

Selecting a President

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Party?_________

General?_________

Electoral?________

The Three Stages of selecting a President?

Historical Overview: The Nomination Process

• Exception to the rule: George Washington– De facto head of government during Revolutionary war– Obvious choice to all as most trusted American leader

• Congressional Caucuses (1800-1824)– Role of Congress=> select party’s nominee=> “King Caucus”

• Party Conventions (1832-1968)– Originally instituted to dump Jackson’s VP- Calhoun – Whigs established party convention (Clay) vs. “King Andrew”

• Role & power of state party leaders (Figure 12-1)*– Loyal party delegates appointed to National Convention

• (Delegates selection tightly controlled by party leaders)– Result: Candidates must make deals & promises (w/Party leaders)

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Party Convention Nomination System

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Rank and FileParty Members

attend

Local PartyConvention;

Selects delegates

District PartyConvention;

Selects delegates

District PartyConvention;

Selects delegates

State Party

Convention Selects delegates

National PartyConvention;

Selects nominee

Direct Primary• Role of Progressive movement (1912-1924)

– Progressive’s objective: • (power of voters over power of Party)

– Following initial surge => most States revert to Conventions• Role of Primary system (1928-1968)

– Lesser known candidates use Primaries to get visibility– Voter support=> demonstrate candidate’s viability to party leaders

• Therefore worthy of serious consideration at Party Convention

• Impact of 1968 Democratic Convention– Chaos reigns => Young vs. old democrats split=> lose election

• As a Result: – Democratic Party makes major rule changes => impact: – Increased participation of minorities & women

• (Delegates would now represent rank & file profiles)– Delegates now allotted in proportion to actual rank & file votes

they actually received during the Primary Election (Figure12-2)*16

Percentages of Delegates Chosen by Primaries, 1912-2004

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Impact of post-1968 Primaries on the nature of Presidential nomination

• Importance of early nominating events rises• “Going early” => incentive for candidates• Result?

– Prompted states to hold primary races much earlier- why?

– To allow their state to have a meaningful input into ?_____________________________

• Also known as?*

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?___________

Frontloading => impact: Increased importance of candidate raising early campaign $$$ Weakened influence of state party organizations in process Nominee Selection shift: From Congress=> Party=> Rank & File

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•The decision The decision statesstates make to make to movemove their their primariesprimaries and caucuses and caucuses to earlier datesto earlier dates to to increase their impactincrease their impact on nomination process on nomination process

For 2008: more states opted to be even earlier)

The General Election • Three major changes shifting focus of election?

– From Party’s influence to role of ?___________

• 1. Emergence of ?___________ & Radio• 2. Federal Election Campaign Act (FECA) laws• 3. The ?__________ & its effective use to attract

small donations ($50-100) from many more donors• How has TV & Radio affected election campaigns?*

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The Influence of Radio & Television

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• 1. Allowed candidates to address voters ?________

• 2. Increased ?___________ of each candidate to the voters

• 3. Shifted control of campaign from Party to the ?___________ (with the most money raised early)

• 4. Candidates use of mass media has significantly increased ?___________ of elections*

Four major effects:

General Election Campaign Costs1900-2008

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2000

2004

2008

Bipartisan Campaign Reform Act• Congress has made numerous attempts to reform

Campaign Finance laws since FECA of 1971– All have had disappointing or unexpected outcomes– The latest reform attempt was BCRA

• BCRA (AKA: ?___________ ____________)– Latest attempt focused on limiting soft money– Also increased individual contributions to

$2000/candidate/election– (Challenged in the Courts by opponents)

• Result of all of above reforms: – Candidate Centered Campaigns now dominate

• (Vice Party centered control of pre-1968 campaigns)– Candidates now in full control of their own campaigns– 2008 election is projected to break all $$$ records

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Who Actually Elects the President?

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• *The body of electors, whose composition is determined by the results of the general election, that actually chooses the president and vice president.

• To win in the electoral college, candidates must secure a majority of the electoral vote.

The ?___________ ___________ *

Key Questions: • Popular vote vs. Electoral vote – what’s the difference?• How are number of electors per state decided?

– Which states have most electors? – How many votes needed to win? (margin of victory)*

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Electoral College – The Unit Rule• Popular Vote decides which candidate wins Electoral Vote

– How are the vast majority of states’ Electoral Votes allocated?

• Role of unit rule =>

– Most popular votes=> “winner take all” of state’s electoral Votes– Impact on candidates’ campaigns?– Attention therefore devoted to ?_____ ____& winnable states

• Potential impact of 3rd party candidates on election– Needed to win election? => – ?_________ (a majority) out of 538 possible electoral Votes– If no majority of electoral votes– who decides election?

• Constitution’s guidance & role of House & Senate?26

Summary: Impact of Change and Reform

• Impact of changes in presidential selection process in the way Presidents now govern:– More personalized presidencies– Weakened political parties– More spit ticket voting

• Let’s examine the Presidency as an Institution*

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Presidency as an Institution

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The?__________

Statutory?_________

Presidential?_________

Three Sources of Presidential Powers:

Powers of the Presidency

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TheConstitution

(Article II)

VetoPower

TreatyPower

AppointmentPower

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StatutoryLaws

Reprogramming Power

Recommend Measures as

required

Specific example?*

Budget & Accounting Act of 1921

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Central Legislative Clearance*

The power the Budget and Accounting Act of 1921 granted to the president to create a package of legislative proposals

and budgets for congressional consideration.

Consolidated submission of Executive Dept. Budgets

Presidential statutory power granted by Congress:

Custom & Precedent

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PresidentialPrecedent

“So strong is the influence of custom that it seems almost to amend the Constitution.”

William Howard TaftTwo Key Factors: President’s actions if left unchallenged (Dismissal power) Vague wording => dynamic & flexible reading of powers

Models of Presidential Power

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Model

Restricted

Presidents only allowed to

exercise powers granted by

Constitution or Statutory laws

William Howard Taft

Model

Prerogative When nation is at stake, President

may take any action necessary,

regardless of Constitutional

legality

Abraham Lincoln

Model

Stewardship

President, representing the

entire nation, must act as a

steward

Theodore Roosevelt

Three different approaches to Presidential Power:

Model followed now??_________- although some say Pres Bush is applying Lincoln’s model

Organizational Structure of the Presidency

• Presidency has grown in size and complexity– (especially since 1932)

• Historical Development– Washington’s nephew (& “personal secretary”)– Jackson’s “Kitchen Cabinet”– FDR’s Executive Office of the President (EOP)

• New Deal programs & WWII• Agencies needed to perform key functions for president

• Examine overview of Executive Branch & EOP34

Executive Branch

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* = EOP

Executive Office of the President (EOP)

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What are the four most important offices of the EOP?

Key Offices of EOP

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White HouseOffice

Office ofManagement &

Budget(OMB)

The NationalSecurityCouncil(NSC)

OfficeOf the

Vice President

*

White House OfficeAKA: The West Wing

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The West Wing

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www.whitehouse.gov/government

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Workings of the PresidencyInternal vs. External Factors

• Internal Factors:• Functions of EOP Agencies

– Advise & support president on public policy– Liaison w/Congress & key Interest Groups

• White House Office:– Office of Public Liaison– Office of Strategic Planning & Communication– Key aides=> advance prospects for re-election

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Internal Factors (2)Presidential Management Styles

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Advantages & disadvantages?Party associations with which Model & why?

Role of the Staff: Neutral competence vs. loyal advocates Pros vs. cons?

External Influences

• Expectations of others• Institutionalized expectations of:

– Congress, news media, & Public- all expect President to:– Set Nation’s political agenda (FDR)– Personally deliver State of the Union address

• Presented before joint session of Congress • Televised nationally to American people (A very big deal)

• Impact: places constraints & political accountability – Also reduce opportunities for abuse of power

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Assessing the Presidency as an Institution (Summary)

• More presidential power acquired over time – Interpreted & established as implied or inherent

powers

• Modern organization=> larger & more complex• Workings of office=> powerful & personalized• But also: Constraints on the president’s power:

– Constitution, Statutory law, Courts, & informal rules– Expectations of the: Public, Congress, & Media, – Interest Groups & the Bureaucracy

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Presidency in American PoliticsThe Political Context: Permanent Crisis

• Conflicting Expectations of Presidential Leadership– Expectation: Initiative & Responsiveness– Bold & timely leadership & initiative to solve problems– Problem: Public & Congress may or may not follow lead

• (Example: President Bush’s proposed Social Security (SS) Reform)• Nothing really happened on SS as other events (the War) took priority

• Time Constraints=> permanent crisis– Insistent demands & limited time to respond – Ever shrinking Honeymoon period

• Strike while the iron is hot – president’s agenda – First One Hundred Days (FDR’s legacy)– Midterm Elections=> diminishing cooperation– Lame duck ending – defending past achievements & attempting

to remain relevant to the political process 45

Permanent Crisis – Institutional Constraints:• What are the institutional constraints of the

Presidency?• Constitutional rules=> shared powers

– Executive vs. Congress vs. The Judiciary • Must gain cooperation & persuade others=>

– Persuade Congress, Bureaucrats, & interest groups• National orientation & perspective:

– President’s national perspective vs. – Congress’s focus on State or district interests– President’s broader scope vs. narrow scope of Congress – Result: different priorities for the nation

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Presidential Strategies

• To deal with these challenges, Presidents use 2 strategies:• 1. ?_________________ Strategy

– In simplest terms: “horse trading” (+) vs. veto threat (-)– Nothing succeeds like success = Perception of power– Advantage of being popular with the people (+ poll numbers)=>

• Positive impact on Congressional cooperation (it pays to be a winner)

• 2. ?___________ ___________Strategy (Figure 12-7)*– Mobilize public support– Direct appeals to public => over the heads of the media

• Usually Presidents use combination of both (above)

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Presidential Public Activities 1929-1996

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Presidential Relationships • Presidents and Congress:

– President has the power to set Congressional agenda – But=>

– Congress likely to vote w/own party & not w/other side– Therefore the President of the majority party that also

controls Congress controls the legislative process• What’s the situation now?

• Major constraint: ?____________ government=>– Result: Congress less likely to pass president’s agenda– President must spend time opposing opposition’s

majority Party’s agenda (by threatening to veto bills)49

Presidents and the Public

• Must develop good relations w/public & keep it– Use modern mass communications for direct appeals– Regular access always available to public (radio & TV)

• Projecting a positive image & support essential– Speech writers & media consultants are essential– Public opinion polls provide info on the Public’s attitude

• Next class: Presidents and the Bureaucracy50

6/2008

Next Class: Chapter 13

The Bureaucracy

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Backup Slides

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KEY TERMS- The Presidency • Bargaining strategy: Direct negotiations the White House conducts with other political

actors, such as members of Congress and leaders of interest groups, that attempt to reach mutually beneficial agreements.

• Caucus: A closed meeting of members of a political party to discuss matters of public • policy and political strategy, and in some cases, to select candidates for office.• Central legislative clearance: The power the Budget and Accounting Act of 1921

granted to the president to create a package of legislative proposals and budgets for congressional consideration.

• Divided government: When the president is of one party and the other party has a majority in at least one house of Congress.

• Electoral college: The body of electors, whose composition is determined by the results of the general election, that chooses the president and vice president. To win in the electoral college, candidates must secure a majority of the electoral vote.

• Enumerated powers: Powers explicitly identified in the text of the Constitution.• Executive order: A presidential directive to an agency of the federal government that

tells the agency to take some specified action.• Frontloading: The decision states make to move their primaries and caucuses to earlier

dates to increase their impact on the nomination process.• Going public strategy: Direct presidential appeals to the public for support. Presidents

use public support to pressure other political actors to accept their policies.

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KEY TERMS (2)- The Presidency• Impeachment: Formally charging a government official with having committed

“Treason, Bribery, or other High Crimes and Misdemeanors.” Officials convicted of such charges are removed from office.

• Implied powers: Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers.

• Independent expenditures: Funds raised and spent without contact with the supported candidate.

• Midterm elections: The congressional elections that take place midway through a president’s four-year term.

• Neutral competence: The belief that staff members (usually career civil servants) should be able to work competently for any president, regardless of partisan affiliation or policy preferences and without advocating the policies of individual presidents.

• One Hundred Days: A benchmark period for assessing a new president’s performance based on the first three months of Franklin Roosevelt’s presidency, when he gained passage of over a dozen major bills as part of his New Deal agenda.

• Pocket veto: The power of the president to veto a bill passed during the last ten days of a session of Congress simply by failing to sign it.

• Progressive movement: An early twentieth-century political movement that sought to advance the public interest by reducing the power of political parties in the selection of candidates and the administration of government.

• Soft money: Expenditures political parties make during an election for any activity that serves the purpose of increasing voter turnout.

• Unit rule: A winner-take-all system which requires that the candidate with the most popular votes receives all of that state’s electoral votes.

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Back-up Slides

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Presidential Popularity Over Time• Reality of declining popularity over time (Figure 12-8)

– Beginnings: exaggerated public support- then=> Decline soon follows => – Reason: Expectations gap=> unrealistic expectations at the beginning– Unfulfilled campaign promises or disappointment over handling national

crises– Very short honeymoon results soon after (if any at all)

• Axiom: Greater the popularity=> Greater perception of power– Greater influence on Congress=> more likely to pass President’s agenda

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10/2007

Current low poll numbers give Democratic Congressional majority a clear advantage

Presidents and the Federal Bureaucracy• Cannot command obedience of Federal agencies=>

– Must bargain & persuade to comply w/agenda• Presidential resources to pressure bureaucracy behavior

– Appointment power- heads of agencies– Budget making power- cut or increase $$$– Authority to reorganize structure & duties– Executive order

• Presidents have power to compel compliance w/wishes– If willing to spend the time to follow up– Time presidents simply don’t have– Must move on to more pressing issues– Agencies & departments know this fact– Feather pillow analogy of FDR with The “Naaavy” (WWI)

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Campaign Finance Laws (The details & changes over time)

• FECA of 1971 – First attempt at election reform => – Resulted in a number of unintended consequences:

• loopholes & rise of PACs

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FECA Regulations (1971):Presidential candidates can contribute no more than $50,000 to their own campaign

Limits placed on spending for media ads

Candidates must disclose names of anyone who contributes more than $100 to their campaign

Buckley v. Valeo Decision*

• Supreme Court decision in 1976 => – Undermined FECA reforms

• Court’s ruling on independent expenditures– 1st Amendment free speech protected

• (if no contact made with candidate)• (Separate independent & uncoordinated advocacy

advertisements deemed OK)– No Government limitation on candidates’ own

expenditure• If no public $$ used • (Bush W. during 2000 nomination campaign)

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Changing the Selection Process & Potential Consequences

• Is the Electoral College outdated?– Should presidents be elected by direct popular vote?

• Potential impact on system if popular vote replaced electoral vote to select the President?– Urban/coastal population concentrations vs. rural

states• (West & East Coastal voters vs. Western & Midwest voters)

– Likely impact on states with lower populations?– Potential for other unanticipated consequences & their

impact - TBD 60

Campaign Finance Laws- Amendments• 1974 Amendments to FECA

– voluntary public financing of campaigns (on IRS returns)– Mandatory individual/PAC limits: $1000/5000– Public campaign financing available if certain provisions met

• Overwhelmingly favors two main parties– Limits on candidates own spending if Public $$$ accepted

• Supreme Court decision in 1976 => – Undermined FECA reforms

• Court’s ruling on independent expenditures– 1st Amendment free speech protected

• (if no contact made with candidate)• (Separate independent & uncoordinated advocacy

advertisements deemed OK)61

Important Changes in Campaign Finance

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• Federal Election Campaign Act of 1971 (FECA)

• 1974 Amendments to FECA

• Supreme Court Decision: Buckley v. Valeo (1976)

•(Parts of FECA ruled unconstitutional)

• 1979 Amendments to FECA

Earlier attempts to reign in campaign costs:

Buckley v. Valeo (1976)- Summary

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The Court Ruled:

The government can limit

contributions

Independent Expenditures

(which are funds raised and spent without contact with the

supported candidate)

BUT(government cannot limit?)

“Soft Money”• 1979 FECA Amendments=> addressed Court’s concerns

– Result: “soft money”* increased– Soft money: Expenditures political parties make during an

election for any activity that serves the purpose of “increasing voter turnout.”

– Unlimited contributions to party (vice candidate) made OK • Considered legal as long as no coordination with candidate

effected (but routinely abused by both Party Campaigns)– (Direct contributions to the Candidate considered as “hard

money”)

• Result=> significantly more $$$ contributed to party (“to educate the voters”)– Impact: Role of political parties’ influence rises dramatically

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Campaign Finance Laws – “Soft Money”- 1979 Amendments:

• 1979 FECA Amendments=>– Result: “soft money”(?) increases– Unlimited contributions to party (vice candidate) OK

• Considered legal as long as no coordination with candidate effected (abused by both Party Campaigns)

– (Direct contributions to the Candidate considered as “hard money”)

• Result=> significantly more $$$ contributed to party (“to educate the voters”)– Role of political parties’ influence rises dramatically

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2008 Presidential Primary Schedule

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