The Presidency WHAT DO WE EXPECT OF OUR PRESIDENT?

Chapter 14

1. Does the President have the power to do what we want him to do? Why?

2. Does the president have too much power? Why?

“If the president does it, that means it’s not illegal.” Richard M. Nixon

3. Does the current system of selecting presidents

produce “good” presidents? Why? Would another

system, or modifications to our current system, help produce better presidential leadership?

A Developing Office 4. Some responsibilities are clearly outlined in the Constitution. What type of powers

are these? 5. Many powers have been expanded and new ones have been added by tradition.

Give one example of this. The exceptional actions of strong presidents tend to be written into law and become

the responsibilities of their successors. The Presidency has been a developing office over the history of the country.

Is it legitimate? 6. To tell the press he doesn’t know the answer to a

question when he does? Example.

7. To refuse to spend money Congress has appropriated? Example.

8. To refuse to enforce laws Congress has passed and he has signed? Example?

9. To suspend civil liberties for some citizens during a time of war? Example?

10. To invade a country without asking for Congress’ permission? What about “just” bombing it? Example?

Congress’ Constitutional PowersArticle I

1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States;

2. To borrow Money on the credit of the United States;

3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

4. …To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures

5. …To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

6. …To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

7. …To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

8. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

9. To provide and maintain a Navy;10. To make Rules for the Government and

Regulation of the land and naval Forces;11. To provide for calling forth the Militia to

execute the Laws of the Union, suppress Insurrections and repel Invasions;

12. To provide for organizing, arming, and disciplining, the Militia, … the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

13. …To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

Constitution and the Presidency 11. The Presidency is the

subject matter of which article of the Constitution?

This section is much briefer than Article I (which deals with Congress) and lists fewer specific responsibilities.

This difference shows there was less agreement about appropriate powers for the President than for Congress.

The President’s Constitutional Powers1. The President shall be Commander in Chief of the

Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

2. he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

3. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law

4. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

5. …He may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;

6. he shall receive Ambassadors and other public Ministers;

7. he shall take Care that the Laws be faithfully executed, 12. What does this mean?

8. and shall Commission all the Officers of the United States

Tasks of the Presidency 13. What are the President’s

Dual Roles? Head of State Chief Executive

“The executive Power shall be vested in a President of the United States of America.” (Article II, Section 1)

“He shall take care that the laws be faithfully executed.” (Article II, Section 3)

Constraints on the President 14. List one Formal Constraint.

Congress - Courts - Federalism 15. List one Informal Constraint.

Press – Public - Bureaucracy History - Skill

Chief of State

The President is chief of state.

16. What does this mean?

This means he is the ceremonial head of the government of the United States, the symbol of all the people of the nation.

Chief Executive 17. What is a Presidential

Pardon? “He shall have Power to Grant

Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” (Article II, Section 2)

The Constitution vests the President with the executive power of the United States, making him or her the nation’s chief executive.

18. What does this mean – chief executive?

Chief Administrator

18. The President is the chief administrator. One example of his use of this power.

He is the director of the United States government.

An heroic image

Commander in Chief 21. “The President shall be

Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” (Article II, Section 2) An example of a situation in which the president controlled the militia within the state?

Making Undeclared War 19. Many Presidents have used

the armed forces abroad without a declaration of war. Example please.

Wartime Powers 20. The President’s powers as

commander in chief are far greater during a war than they are in normal times. Example please.

The War Powers Resolution•The War Powers Resolution of 1973 limits the President’s war-making powers. •Required presidents to consult with Congress before using military force.• Mandated withdrawal of forces after 60 days unless Congress declared war or granted an extension.• Partially successful. Presidents have regarded the act as an unconstitutional infringement on their constitutional powers.•22. Which president in which military conflict abused his authority and resulted in this resolution?

Chief Diplomat “He shall have Power, by and with

the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” (Article II, Section 2)

23. As the nation’s chief diplomat, what does the President do?

The President is the main architect of American foreign policy and chief spokesperson to the rest of the world

He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls.” (Article II, Section 2)

“He shall receive Ambassadors and other public Ministers.” (Article II, Section 3)

The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign state.

24. Example please.

The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country.

25. Example please?

The official is declared to be persona non grata, or an unwelcome person.

Chief Legislator 26. The President is the chief legislator,

the main architect of the nation’s public policies. Example please!

“He shall from time to time give to the Congress Information of the State of

the Union, and recommend to their Consideration such Measures as he shall

judge necessary and expedient.” (Article II, Section 3)

“Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.” (Article I, Section 7)

Legislative Powers Recommending Legislation

• The Constitution provides that the

President shall report to Congress on

the state of the Union and

recommend necessary legislation.

• 27. This power is often called the

message power. Explain.

• 28. What is the Veto Power?

• All legislation passed by Congress is

sent to the President for approval.

• If the President disapproves of a bill,

he can veto it. That veto can only be

overturned by a two-thirds vote of

both houses of Congress.

Judicial Powers

The Constitution gives the President the power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1

29. What is a reprieve? the postponement of the

execution of a sentence. 30. What is a pardon?

legal forgiveness for a crime. 31. What is clemency?

These powers of clemency (mercy or leniency) may be used only in cases of federal crimes.

32. What is the Ordinance Power? The President has the power to issue executive orders. An executive

order is a directive, rule, or regulation that has the effect of law. The power to issue these orders, the ordinance power, arises from two

sources: the Constitution and acts of Congress.

Although not specifically mentioned in the Constitution, the ordinance power is clearly intended.

The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

33. What does the President do as Chief of Party?

The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch.

34. What is the Appointment Power? 35. With Senate consent, the President names which of the top-ranking officers of the Federal Government? (1) ambassadors and

other diplomats; (2) Cabinet members and

their top aides; (3) the heads of such

independent agencies as the EPA and NASA;

(4) all federal judges, attorneys, and U.S. marshals;

(5) all officers in the armed forces.

36. What is the Removal Power?

The Historical Debate Debate ensued in the First

Congress as to whether the President could remove appointees without the consent of the Senate.

The view that the President may remove the officials he appoints without Senate consent has prevailed over time.

In general, the President may remove any appointees except federal judges.

37. Which president set the precedent for this authority and was impeached?

Presidential Power isthe Power to Persuade

Most presidential scholars believe that to be effective a modern president must skillfully use the formal and informal powers of the office.

Power to command is too limited to be effective.

To be effective the president must acquire cooperation of many people who are not subject to the president’s command.

The president must use the tools of office to convince people that cooperation is in their interest.

38. Cite an example of a president’s use of this power.

Inside vs. Outside Strategies for Presidential

Power 39. What is Inside

strategy? focuses on informal,

behind-the-scenes bargaining with other leaders.

Lyndon Johnson was good at this strategy.

40. What is Outside strategy? focuses on taking the

message to the people and trying to mobilize public support for presidential programs.

George W. Bush relied heavily on this strategy.

Explain each of the following Factors Influencing Presidential Power 41. Electoral Mandate

42. Presidential Approval Ratings

43. Party support in Congress

44. Taking advantage of the “honeymoon”

45. Choosing legislative priorities

46. Making effective use of patronage

Manager of Prosperity

Crisis Manager 47. Domestic – Example

please 48. International –

Example please

Sect. 5: He may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;

Assumed prominence with Franklin Roosevelt’s attempts to overcome the Great Depression.

49. How did the Employment Act of 1946 extend presidential powers?• makes it the responsibility of the federal government to pursue policies leading to full employment.

Institutionalized Presidency

The modern presidency is a demanding job.

Various institutions have been created to assist the president in carrying out the responsibilities of the office.

49. What is the purpose of the Executive Office of the President (EOP)?

Established in 1939 to help the president oversee the executive branch bureaucracy.

The EOP houses a variety of offices that assist the president with various aspects of the job.

Most important agencies National Security Council Council of Economic Advisors Office of Management and

Budget Office of the Vice President U.S. Trade Representative

50. What jobs are part of the White House Staff? Personal assistants to

the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides.

Size increased over time

So You Want to Be President?

The President’s pay was first set at $25,000 a year. Currently, the President is paid $400,000 a year.

Congress has also approved an expense allowance for the President, which is currently $50,000 a year.

Besides monetary benefits, the President gets to live in the 132-room mansion that we call the White House.

The President is also granted other benefits, including a large suite of offices, a staff, the use of Air Force One, and many other fringe benefits.

Congress determines the President’s salary, and this salary cannot be changed during a presidential term.

51. Why?

The Rise of Parties 52. What is the

electoral college?

the group of people (electors) chosen from each State and the District of Columbia that formally selects the President and Vice President.

With the rise of political parties in 1796, flaws began to be seen in the system.

53. What changed with the Twelfth Amendment? The 12th Amendment

was added to the Constitution in 1804 following the election of 1800.

The major change in the electoral college made by the amendment was that each elector would distinctly cast one electoral vote for President and one for Vice President.

54. What is Executive Privilege?

President claims right to privacy in the executive branch from the other branches of government.

Executive privilege is not mentioned in the constitution.

Executive privilege was first asserted by President George Washington.

It is based on the principle of separation of powers.

Supreme Court and Executive Privilege 55. Summarize the case of U.S. v. Nixon (1974).

President Nixon invoked the doctrine of executive privilege in an attempt to avoid turning White House tapes over to the Special Prosecutor in the Watergate matter.

The Court recognized "the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties."

The Justices concluded that the executive privilege is not absolute; the privilege must yield to the interests of the government and defendants in a criminal prosecution.

Cycle of Presidential Popularity Highest level of

approval at the beginning of their terms

56. What is this period known as?

Each action the president takes is divisive (some will approve, others will not)

Disapproval tends to have a cumulative effect so in general approval wanes over time.

Harry S. Truman

Dwight D. Eisenhower

John F. Kennedy

Lyndon Baines Johnson

Gerald R. Ford

James E. Carter

Ronald Reagan

George H.W. Bush

Bill Clinton

George W. Bush

Nothing Changes

57. What is the Line of Succession?

Vice president (Biden) Speaker of the House (Boehner) Senate president pro tempore Secretary of State Secretary of the Treasury Secretary of Defense Attorney General Secretary of the interior and other Cabinet heads in order

of the creation of their department

oThrough 2005, 8 presidents have died in office.

oVice President succeeds the president according to Article II, Section 1 of the Constitution.

o1947 Congress passed the Presidential Succession Act, which lists in order those in line after the vice president to succeed the president

58. How is Presidential Disability defined in the

25thAmendment? Adopted in 1967

Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled.

The Vice President is to become acting President if

(1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office,” or

(2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated.

59. In what situation has this been used?

60. What power is given the president in the 25th

Amendment? President may appoint a new VP, subject to the approval of majority of Congress.

Used twice Nixon to replace Agnew with Ford Ford to select new VP

Presidential Term Limits

61. What was the presidential term limit in the original Constitution?

62. Which president established a two-term tradition?

63. Which president broke the two-term limit? He was elected to four terms.

The twenty-second amendment was proposed by a RepublicanCongress in 1947.

It was ratified in 1951. Eisenhower was the first

president to whom it applied.

What Makes Great Presidents?

64. What are the characteristics of Active Presidents? Those who choose to lead, rather than

preside. 65. What are the characteristics of

Successful Presidents? Those who achieve at least significant

portions of their goals. 66. What are the characteristics of

“Active-Positive” Personality Types? Enjoy the job of being president. Adapt their policies to changing

circumstances. Arriving in office at a time that

permits them to repudiate the past and move in a new direction

Following a failed presidency Coming to power in the midst of

crisis

67. Do Failed Policies and Presidents Lead to the Election of Presidents Who Succeed by

Repudiating the Past? Why?

Ineffective President Leads to

Very Successful President

1789 Articles of Confederation George Washington

1800 John Adams Thomas Jefferson

1828 John Q. Adams Andrew Jackson

1860 James Buchanan Abraham Lincoln

1932 Herbert Hoover Franklin D. Roosevelt

1980 Jimmy Carter Ronald Reagan

Based on Stephen Skowronek, The Politics Presidents Make, 1993

Presidential Rankings

Ten Best Ten Worst

Lincoln 68. Why might Americans think this?

Buchanan 69. Why might Americans think this?

F. Roosevelt A. Johnson

Washington Pierce

T. Roosevelt Harding

Truman W. Harrison

Wilson Tyler

Jefferson Fillmore

Kennedy Hoover

Eisenhower Grant

L.B. Johnson Aurthur

A 2000 C-SPAN survey of fifty-eight historians PSCI 1040 - U.S. Presidentcame up with these results.

Let’s Take a Quiz!

70. Who is in line for presidential succession following the Vice President?(a) the First Lady(b) the Speaker of the House(c) the president of the Senate(d) the Secretary of State

71. Which constitutional amendment provides for presidential succession?(a) the 25th Amendment(b) the 26th Amendment(c) the 22nd Amendment(d) the 21st Amendment

Quiz

72. As commander in chief, the President(a) is the leader of all the

nation’s armed forces.(b) initiates legislation.(c) is the director of the

government.(d) represents the citizens of

the United States abroad.

73. In order to become President, a citizen needs to be at least(a) 25 years old.(b) 35 years old.(c) 45 years old.(d) 30 years old.

Quiz74. Which year’s election

paved the way for changes in the electoral college? (a) 1800(b) 1792(c) 1804(d) 1812

75. Which amendment to the Constitution modified the electoral college to avoid electoral ties for the office of President?(a) the 11th Amendment(b) the 5th Amendment(c) the 9th Amendment(d) the 12th Amendment