the$presidency:$recently$faculty.wwu.edu/~donovat/pres1.pdfthe$presidency:$recently$ climate •...

The presidency: recently

Climate •  Obama: bilateral deal with

China –  followed 9 months of secret

talks

•  China to cap carbon emissions by 2030

•  US to cut emissions by 28% of 2005 levels by 2025

Immigra,on •  Obama: ExecuFve order •  Offer legal docs to 5 mil

undocumented immigrants –  Temporary reprieve from

deportaFon •  people w/ children who are US ciFzens / legal residents

–  Not permanent residency –  not path to ciFzenship

The presidency

•  How does president have such powers?

•  Would the framers of the ConsFtuFon approve the modern presidency?

ConsFtuFon: ArFcle II

•  Sec. 1 (vesFng clause) – The execuFve Power shall be vested in a President of the United States. He shall hold office for a term of 4 years, and together with the VP, chosen for the same term, elected as follows •  ....lots of stuff about Electoral College •  who can run •  salary •  oath of office

–  faithfully execute the Office of the President, defend ConsFtuFon

What is in ArFcle II

•  Sec. 2 –  President shall be Commander in Chief of Army, Navy, and of the MiliFas; in charge of principle officer in ExecuFve Departments, can grant reprieves and pardons

–  make treaFes with advice and consent of Congress, appoint Ambassadors, judges, and all other officers of the US whose appointments are not herein provided for and which shall be established by Law; Congress may by Law vest the appointments...as they see proper in the President alone, in the Courts of Law or in the Heads of Departments

–  fill vacancies that happen during the Recess of the Senate


•  Sec. 3 – He shall from Fme to Fme give Congress informa,on on the State of the Union, and recommend to their consideraFon Measures as he shall judge necessary and expedient; on extraordinary occasion convene both Houses; he may adjourn them.

– Receive ambassadors, take care that Laws are faithfully executed, shall commission all the Officers of the United States


•  Sec. 4 – President, VP, and all civil Officers of the US shall be removed from Office on Impeachment for, and ConvicFon of, Treason, Bribery, or other high Crimes and Misdemeanors.

Other ideas at the Fme

•  Plural execuFve

•  Prime Minister

•  George Washington – Patriot King – Paternal care

Yes, Founders would approve

•  President as popular leader?

•  ArFcles of ConfederaFon tell us about founders’ intent for presidency

•  President as ‘popular leader’, not arm of Congress


•  What does it mean to “execute” laws passed by Congress?

•  Modern examples –  ImmigraFon

•  prosecutorial discreFon – Heath Care

•  Interpret ACA such that subsidies go to people in states w/o state exchanges


•  ArFcle II no extensive list –  leaving later presidents to expand [office] as the Fmes required


•  They wanted a president who could stand up to Congress and play acFve role in legislature

•  as equal or superior?

•  What is the case today?

Founders

•  Did they intend president to be popular leader?

•  Being elected = power?

•  Some wanted president elected by popular vote, but it was complicated

Founders

•  The Electoral College an awkward compromise

– Federalism

– Slavery •  How apporFon how many votes to slave states


•  Argument, in sum; – execuFve discreFon –  legislaFve leadership – substanFal administraFve apparatus – popular leader

No, Founders would not approve

•  Central roles of modern presidency not in ConsFtuFon:

– popular leader – bully pulpit – chief legislator


•  Is vesFng clause a list of limits

•  Vests power to execute instrucFons of Congress –  faithfully

•  Very few domesFc powers listed


•  What did Madison say about role of legislature? – Supreme

•  ArFcle 1 comes first

•  In discussing president, what founders debated limits on popular influence


•  president would not acFvely culFvate mass support in order to pressure Congress

•  Federalist Papers: – President would be above campaign poliFcs – a clerk

•  what were the Fed Papers?


•  Founders, & separaFon of powers – Even foreign policy requires close consultaFon with Senate

•  How did early presidents behave in office? – This could tell us something of intent

•  Geo. Washington’s tours –  holding court, but not royalty, no third term

• Whiskey rebellion

Power of the president

•  What is the power of modern presidents?

•  Does founder’s intent maper?

How have things changed, and when?

•  Jackson 1828 – Expanded execuFve acFons

•  told Court to stuff it •  Patronage •  SFll, govt didn’t do much, so presidents didn't

•  Congress, 20th Century – DelegaFon of funcFons and resources

InsFtuFonalizaFon of Presidency

•  Autonomy

•  Adaptability (longevity of units) •  Complexity (specializaFon)


•  OrganizaFon that acquires value and stability

•  Presidency now much more than the President

•  The office creates “systemic similariFes across presidents”


•  As late as 1922 president had only 31 staff – mostly low level –  today about 2000 presidenFal appointments

•  even more staff in EOP

•  Congress more insFtuFonalized then president unFl well into 20th century – commipees, long tenure, many staff – more size, funcFons & resources


•  Cabinet level agencies PLUS •  1921 Budget Act – Required Pres. to dras budget, est. BOB

•  1932 Depression – New Deal, FRD

•  1939 ExecuFve Office of President – Bureau of Budget moved to EOP – White House Office established


•  1947 NaFonal Security Act – est CIA, Dept. of Defense – NaFonal Security Advisor, staff – NaFonal Security Council

•  1970, Office of Management and Budget –  in EOP –  largest part of EOP


•  1970s Clean Air Act / Water Act – EPA

•  Office of Trade RepresentaFve •  Drug Czar •  Other Czars

•  vs. Cabinet level agencies (State, Interior, Ag., Treasury, etc.)

And

•  Signing statements

•  ExecuFve orders

•  ExecuFve agreements

the$presidency:$recently$faculty.wwu.edu/~donovat/pres1.pdfthe$presidency:$recently$ climate •...

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