Article IIArticle IIThe Executive BranchThe Executive Branch

The President of the United The President of the United StatesStates

POTUSPOTUS

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Formal PowerFormal Power

Article IIArticle II Section 1Section 1

– Provides latitude in how each president Provides latitude in how each president interprets his officeinterprets his office

– ““Executive power shall be vested in a Executive power shall be vested in a president…”president…”

Article IIArticle II Sections 2 and 3Sections 2 and 3

– Duties and ResponsibilitiesDuties and Responsibilities

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Formal PowerFormal Power

1.1. Serve as administrative head of the Serve as administrative head of the nationnation

2.2. Act as commander in chiefAct as commander in chief

3.3. Convene CongressConvene Congress

4.4. Veto legislationVeto legislation

5.5. Appoint various officials Appoint various officials

6.6. make treatiesmake treaties

7.7. Grant pardonsGrant pardons

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Informal PowerInformal Power

PrecedentsPrecedents Actions of Actions of

Congress granting Congress granting presidents powerpresidents power

Using the media as Using the media as a vehicle for the a vehicle for the “bully pulpit”“bully pulpit”

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1.1. Once the House votes for Once the House votes for impeachment, the Presidentimpeachment, the President

a.a. is tried by the Supreme Court.is tried by the Supreme Court. b.b. must be indicted by a Grand must be indicted by a Grand

Jury Jury before being removed before being removed from office.from office.

c.c. is fined or sentenced to is fined or sentenced to prison.prison.

d.d. is tried by the Senate.is tried by the Senate. e.e. must leave office.must leave office.

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Limits on Presidential PowerLimits on Presidential Power Checks and BalancesChecks and Balances

– Overriding vetoesOverriding vetoes– Rejecting or holding up presidential Rejecting or holding up presidential

appointmentsappointments Actions of Congress limiting what the Actions of Congress limiting what the

president can dopresident can do Federal Court decisionsFederal Court decisions Ineffectiveness of the Bureaucracy in Ineffectiveness of the Bureaucracy in

carrying out presidential programscarrying out presidential programs Realities of global politics Realities of global politics Public OpinionPublic Opinion

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Limits on Presidential PowerLimits on Presidential Power

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Presidential RolesPresidential Roles

Head of stateHead of state Chief executive/administratorChief executive/administrator Chief legislatorChief legislator Party leaderParty leader Chief diplomatChief diplomat Commander in ChiefCommander in Chief

The balance has changed since The balance has changed since Washington (think FDR)Washington (think FDR)

Head of StateHead of State

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Head of StateHead of State

Represents the nation to the international Represents the nation to the international community and has the following community and has the following responsibilities:responsibilities:

Military responsibilitiesMilitary responsibilities– Commander in ChiefCommander in Chief

Judicial responsibilitiesJudicial responsibilities– Granting reprievesGranting reprieves– Granting pardonsGranting pardons– Granting amnestyGranting amnesty

Diplomatic responsibilitiesDiplomatic responsibilities– Chief DiplomatChief Diplomat

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Head of Head of StateState

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2.2. The part of the executive branch of The part of the executive branch of government that the President sees government that the President sees daily and relies heavily on for daily and relies heavily on for information, policy options, and analysis information, policy options, and analysis is the is the

a.a. Council of Economic Advisors.Council of Economic Advisors. b.b. Vice President.Vice President. c.c. Executive Office of the Executive Office of the

President.President. d.d. President’s cabinet.President’s cabinet. e.e. White House staff.White House staff.

Chief Executive/Chief Chief Executive/Chief AdministratorAdministrator

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Chief Executive/Chief Chief Executive/Chief AdministratorAdministrator

A circle of advisors known A circle of advisors known as the Cabinetas the Cabinet

Originally three Originally three departments (State, departments (State, Treasury, War + Attorney Treasury, War + Attorney General)General)

Now 15 Departments (14 Now 15 Departments (14 + Attorney General)+ Attorney General)

Presidential appointment Presidential appointment of these department heads of these department heads is subject to Senate is subject to Senate confirmationconfirmation

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The The CabinetCabinet

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The Cabinet – The Cabinet – Additional Additional thoughtsthoughts

Not explicitly mentioned in ConstitutionNot explicitly mentioned in Constitution At times the secretaries of state and At times the secretaries of state and

defense may find their areas of defense may find their areas of responsibility overlappingresponsibility overlapping

Cabinet meetings usually include the Cabinet meetings usually include the vice president and various other vice president and various other executive department members (e.g. executive department members (e.g. White House Chief of Staff, Director of White House Chief of Staff, Director of OMB) OMB)

Presidential control over departments Presidential control over departments remains uncertain—secretaries may remains uncertain—secretaries may become advocates for their departmentsbecome advocates for their departments

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The Cabinet SystemThe Cabinet System

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Two Separate Structures Serve Two Separate Structures Serve the Presidentthe President

1.1. White House StaffWhite House Staff– Top level aidesTop level aides

Chief of staff, national security assistant, Chief of staff, national security assistant, counsel to the president, press secretarycounsel to the president, press secretary

– Several hundred anonymous people Several hundred anonymous people who function in support serviceswho function in support services Such as: making travel arrangementsSuch as: making travel arrangements

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Two Separate Structures Serve Two Separate Structures Serve the Presidentthe President

2.2. The Executive OfficeThe Executive Office– National Security Council (NSC)National Security Council (NSC)– Council of Economic Advisors (CEA)Council of Economic Advisors (CEA)– Office of Management and Budget (OMB)Office of Management and Budget (OMB)

Also, six smaller officesAlso, six smaller offices– Including Office of U.S. Trade Representative Including Office of U.S. Trade Representative

and Office of National Drug Control Policyand Office of National Drug Control Policy

Both the White House Staff and the Both the White House Staff and the Executive Office are made up of Executive Office are made up of presidential appointees and career civil presidential appointees and career civil service employees (more civil service than service employees (more civil service than presidential appointees)presidential appointees)

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Growth of the White House Growth of the White House Staff, 1945-2002Staff, 1945-2002

Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics, 2003-2004 (Washington, D.C.: Congressional Quarterly Press, 2003), 254-255.

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3.3. The Constitution gives the President the The Constitution gives the President the power to influence the legislative process power to influence the legislative process

through his responsibility tothrough his responsibility to a.a. direct the business of Congress direct the business of Congress

and and initiate impeachment.initiate impeachment. b.b. make laws by decree without make laws by decree without

the the consent of Congress in consent of Congress in some some situations.situations.

c.c. manage the economy, lead the manage the economy, lead the party, party, and deal with national and deal with national crises.crises.

d.d. recommend legislation and recommend legislation and make make appointments.appointments.

e.e. report on the state of the union report on the state of the union and and veto acts of Congress veto acts of Congress

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A Closer Look at OMBA Closer Look at OMB

Develops the president’s annual budget by Develops the president’s annual budget by compiling the budgets of each unit within the compiling the budgets of each unit within the executive departmentexecutive department

Reviews legislative and regulatory proposals from Reviews legislative and regulatory proposals from departmentsdepartments

Oversees how departments are spending their Oversees how departments are spending their appropriations and implementing the programs appropriations and implementing the programs they are charged with managingthey are charged with managing

Makes policy recommendations to the presidentMakes policy recommendations to the president

OMB is the president’s equivalent to Congress’s OMB is the president’s equivalent to Congress’s CBOCBO

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A Closer Look at A Closer Look at NSCNSC

Membership includes the president, Membership includes the president, vice president, secretary of state, vice president, secretary of state, secretary of defense, chairman of the secretary of defense, chairman of the joint chiefs of staff, the director of joint chiefs of staff, the director of the Central Intelligence Agency, and the Central Intelligence Agency, and other advisors including:other advisors including:

National Security Advisor (operates National Security Advisor (operates the staff assigned to the council and the staff assigned to the council and provides information and policy provides information and policy recommendations)recommendations)

Chief LegislatorChief Legislator

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President as Chief President as Chief “Legislator”“Legislator”

This role has grown dramatically This role has grown dramatically since FDRsince FDR

A president canA president can– Sign a billSign a bill– Veto a bill Veto a bill

2/3 vote of both houses needed to 2/3 vote of both houses needed to overrideoverride

(if Congress is scheduled to adjourn (if Congress is scheduled to adjourn within ten days, president does within ten days, president does nothing – pocket veto)nothing – pocket veto)

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President as Chief President as Chief “Legislator”“Legislator”

It is usually difficult for Congress to It is usually difficult for Congress to override a presidential veto, and if override a presidential veto, and if the president uses a pocket veto the president uses a pocket veto (rare) the bill must be reintroduced (rare) the bill must be reintroduced into Congress in the next session into Congress in the next session

Often, just the threat of a Often, just the threat of a presidential veto will cause Congress presidential veto will cause Congress to reconsider or revise a billto reconsider or revise a bill

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Line Item VetoLine Item Veto

Allows for the veto of parts of Allows for the veto of parts of appropriations bills (line items)appropriations bills (line items)

Introduced to rein in the budget Introduced to rein in the budget Intended to eliminate or reduce pork-Intended to eliminate or reduce pork-

barrel spendingbarrel spending 1996 Congress passed and President 1996 Congress passed and President

Clinton signed the Line-Item Veto ActClinton signed the Line-Item Veto Act Supreme Court declared it Supreme Court declared it

unconstitutionalunconstitutional Clinton v. City of New YorkClinton v. City of New York (1998) (1998)

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Clinton v. City of New YorkClinton v. City of New York Case: New York City sued the government Case: New York City sued the government

over the president’s use of the line-item over the president’s use of the line-item veto when President Clinton cut from an veto when President Clinton cut from an appropriations bill federal program funds appropriations bill federal program funds earmarked for New York Cityearmarked for New York City

Decision: The Line-Item Veto Act of 1996 Decision: The Line-Item Veto Act of 1996 was held to be unconstitutional on the was held to be unconstitutional on the basis of Article I. In passing the bill, basis of Article I. In passing the bill, Congress had delegated to the president Congress had delegated to the president the power to make law by striking budget the power to make law by striking budget items already approved by Congressitems already approved by Congress

Only a constitutional amendment could do Only a constitutional amendment could do itit

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Legislative SuccessLegislative Success

Depends on each president’s ability:Depends on each president’s ability: To shape the public policy agendaTo shape the public policy agenda To consult with CongressTo consult with Congress To bargain with Congress and individualsTo bargain with Congress and individuals To appeal personally to members of To appeal personally to members of

CongressCongress To use the “honeymoon” period To use the “honeymoon” period

effectivelyeffectively

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Legislative SuccessLegislative Success

Divided government Divided government impacts how much impacts how much and what kind of and what kind of legislation is passedlegislation is passed

Even when the Even when the government is government is “unified,” there is “unified,” there is still no guarantee of still no guarantee of a smooth working a smooth working relationshiprelationship

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Getting Around CongressGetting Around Congress

Bad word choice?

How about . . .

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BypassingBypassing Congress Congress

Executive orderExecutive order Executive agreementsExecutive agreements ProclamationsProclamations RegulationsRegulations *Signing statements*Signing statements

– All of the above have the force of law, but All of the above have the force of law, but none of them require Congressional none of them require Congressional approvalapproval

*an old thing to do, but now used to *an old thing to do, but now used to bypass the lawmaking processbypass the lawmaking process

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ExamplesExamples President Truman used an executive President Truman used an executive

order to desegregate the armed forces order to desegregate the armed forces when the Dixiecrats opposed himwhen the Dixiecrats opposed him

President Johnson used an executive President Johnson used an executive order to establish affirmative action as order to establish affirmative action as a basis for the awarding of federal a basis for the awarding of federal contractscontracts

President Clinton used most of these President Clinton used most of these measures frequently in his last years in measures frequently in his last years in office in the face of a resistant GOP office in the face of a resistant GOP majoritymajority

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4.4. A mid-term election isA mid-term election is a.a. a Congressional election that a Congressional election that

is not is not accompanied by a accompanied by a Presidential Presidential election.election.

b.b. held every two years.held every two years. c.c. one in which the incumbent is one in which the incumbent is

running for re-election.running for re-election. d.d. a special election that may a special election that may

remove an remove an official from office in official from office in the middle of the middle of their term.their term.

e.e. a Presidential election that a Presidential election that occurs occurs during a session of during a session of Congress.Congress.

Party LeaderParty Leader

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President as Party LeaderPresident as Party Leader

De facto head De facto head of his partyof his party

Uses the Uses the resources of resources of the party to the party to try to get his try to get his agenda agenda through through CongressCongress

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The Johnson The Johnson TreatmentTreatment

Party ID does not Party ID does not guarantee that the guarantee that the president and his president and his party will agree on party will agree on policypolicy

Consider President Consider President Clinton and Clinton and welfare reformwelfare reform

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To curry favor with members of To curry favor with members of the party, the presidentthe party, the president

BargainsBargains

Appeals to common party membershipAppeals to common party membership

Assists in fundraisingAssists in fundraising

Helps with campaigningHelps with campaigning

Dispenses perks (perquisites)Dispenses perks (perquisites)

Chief DiplomatChief Diplomat

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President as Chief DiplomatPresident as Chief Diplomat Responsibility of maintaining national Responsibility of maintaining national

securitysecurity Powers include:Powers include: Recognizing the sovereignty of other Recognizing the sovereignty of other

nationsnations Ending relations with other nationsEnding relations with other nations Negotiating treatiesNegotiating treaties Acting as a negotiator for other Acting as a negotiator for other

nationsnations

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5.5. Presidential press conferencesPresidential press conferences a.a. are not very useful means of are not very useful means of

eliciting eliciting information.information. b.b. have not been used since the have not been used since the

Nixon Nixon administration.administration. c.c. give the president a chance to give the president a chance to

be be spontaneous.spontaneous. d.d. are required by the Constitution are required by the Constitution

without saying how often.without saying how often. e.e. are small, intimate meetings are small, intimate meetings

with the with the president.president.

Commander in ChiefCommander in Chief

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President as Commander in President as Commander in ChiefChief

Framers entrusted control of the Framers entrusted control of the military to the president as a civilianmilitary to the president as a civilian

Nevertheless, the formal power to Nevertheless, the formal power to declare war resides with the Congressdeclare war resides with the Congress

Even so presidents have sent combat Even so presidents have sent combat troops into battle without official troops into battle without official declarations of wardeclarations of war

BUT: Congress passed the War Powers BUT: Congress passed the War Powers Resolution in 1973Resolution in 1973

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War Powers ResolutionWar Powers Resolution To counter the commitment of U.S. forces to To counter the commitment of U.S. forces to

warfare in an undeclared warwarfare in an undeclared war Passed over President Nixon’s vetoPassed over President Nixon’s veto States the following:States the following:

– The president must inform Congress of the The president must inform Congress of the purpose of committing troops to action (within 48 purpose of committing troops to action (within 48 hours of committing)hours of committing)

– The troop commitment is for 60 days unless The troop commitment is for 60 days unless Congress agrees to a longer deploymentCongress agrees to a longer deployment

– Congress may end the commitment at any time Congress may end the commitment at any time through a concurrent resolutionthrough a concurrent resolution

Presidents have denied its constitutionality Presidents have denied its constitutionality yet, for the most part, have complied with it yet, for the most part, have complied with it anywayanyway

Additional TopicsAdditional Topics

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Additional Topics to Relate & Additional Topics to Relate & ConnectConnect

Rallying effect during foreign crises Rallying effect during foreign crises Midterm election losses of Congressional Midterm election losses of Congressional

seatsseats Bully pulpit and appeals directly to the people Bully pulpit and appeals directly to the people

for supportfor support White House Chief of Staff: influential aid, White House Chief of Staff: influential aid,

runs day-to-day operationsruns day-to-day operations GridlockGridlock Photo opportunities, sound bites, presidential Photo opportunities, sound bites, presidential

press conferencespress conferences Political patronage as presidential bargaining Political patronage as presidential bargaining

chipchip

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AP Test

Unprepared Student

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Happiness is Being Prepared Happiness is Being Prepared for the Test ! for the Test !

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Breathe, Study, Sleep, Breathe, Study, Sleep, AchieveAchieve