chapter 13 the presidency. warmup: the constitutional basis of the presidency how has the power of...
TRANSCRIPT
Chapter 13
The Presidency
The Presidency
Warmup: The Constitutional Basis of the Presidency
How has the power of the presidency changed over time?
Constitutional Basis of the Presidency
• Article II: “The executive power shall be vested in a President of the United States of America.”– This affirmed that one person would
hold the presidency, allowing for “energy” in times of need.
– Command the armed forces– Make treaties– Approve or veto acts of Congress– Send or receive diplomats– “Take care that the Laws be faithfully
executed.”• “most powerful office in the world.”
Constitutional Basis of the Presidency
• Presidential selection controversy: by Congress or the voters?
• Republican solution:(form of government, not the party)
1. State legislatures would select slates of electors.
2. Voters would choose one of the slates offered by the legislature.
3. If a majority of electors could not agree, the decision would be made by the U.S. House of Representatives.
Presidential Candidates
• Presidential candidates were first chosen by the party members in Congress.– Led to claims the president was beholden to
Congress
• Parties later created nominating conventions.– Delegates initially selected by state party leaders.
Constitutional Powers of the Presidency
• Delegated powers: the president “shall take Care that the Laws be faithfully executed.”– Congress delegates the power to enact its will to the executive
branch.
• Expressed powers: powers granted to the president by the Constitution– Military– Judicial– Diplomatic– Executive– Legislative
Expressed Powers
Constitutional Powers of the Presidency
• Inherent powers: presidential powers implied, but not directly stated, by the Constitution– Executive orders– Other powers as needed
Executive Orders
• Example: Executive Order 13661
• Executive Orders by Presidents
• Obama & Immigration– Secure Communities
Expressed Powers
Constitutional Powers of the Presidency
• Military powers– President is commander in chief– Congress has power to declare war, but in last 50 years
this has been ignored (without controversy)– Can deploy troops domestically in an emergency, to
enforce a federal judicial order, or to protect federally guaranteed civil rights
Making Undeclared War
• Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war:– John Adams had the U.S. Navy fight French warships in
1798.– Ronald Reagan ordered the invasion of Grenada in 1983
to block a military coup.– George H.W. Bush ordered the ouster of Panamanian
dictator Manuel Noriega in 1989.– Bill Clinton sent troops to the Balkans in the 1990s.
Congressional Resolutions
• Congress has not declared war since World War II.
• However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as:– In 1955, Congress let President Dwight Eisenhower position
the U.S. Navy to block Chinese aggression toward Taiwan.
– The Iraq Resolution of 2002 authorized the use of force
against Iraq.
War Powers Resolution
• Checkpoint: Why did Congress enact the War Powers Resolution?– The results of the
undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.
– There is still a debate over whether this Resolution is constitutional or not.
War Powers Resolution
• The War Powers Resolution states that the President can commit military forces to combat only
– If Congress has declared war, OR
– If Congress has authorized military action, OR
– If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.
Reading Quiz #1
• What is an “executive-congressional” agreement?• What does the 1972 Case-Zablocki act require the
President to do?• What is executive privilege? • Why has there been a shift from the 19th century
pattern of relatively well defined congressional guidelines for administrators to more contemporary pattern of broad delegations to executive branch?
Truman: Isolationism to Containment
• After WWII, Soviet Union grew as a perceived threat– Many war torn countries in Europe quickly adopted communism as a
form of government– West (mainly Britain and the US) concerned about spread of Soviet
influence • Greece and Turkey
– Britain in financial straits…• US Assistance
– Truman Doctrine ($400 million)– “it must be the policy of the United States to support free people who
are resisting attempted subjugation by armed minorities or by outside pressures”
– Marshall Plan (1948)
Constitutional Powers of the Presidency
• President can “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”– Can also pardon people before
have been tried or convincted
• The president appoints members to the Supreme Court for life terms (must be approved by the Senate).
Constitutional Powers of the Presidency
• Diplomatic powers– President is the head of state– Receives ambassadors and other public ministers– Acknowledges which foreign governments are legitimate– Treaties/executive agreements
Power of Recognition
• Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.
• Recognizing a new nation, such as Panama or Israel, can help ensure its success.
• Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.
Power of Recognition
"How can you think I'd accept this gentleman coming here?...You'd best withdraw him, Obama. Don't insist, I'm asking you. [Palmer] disqualified himself by breaking all the rules of diplomacy. He messed with all of us. He can't come here as ambassador”
Constitutional Powers of the Presidency
• Executive powers– President must make sure that all laws are
faithfully executed– Can appoint, remove, and supervise all executive
officers– Has power to appoint all federal judges
• Not just Supreme Court nominees, the entire federal bench are presidential appointees
Presidential Appointment
• Presidents appoint top-ranking officials such as:– Cabinet members and their top aides– Ambassadors and other diplomats– The heads of independent agencies– All federal judges, U.S. marshals, and
attorneys– All officers in the U.S. armed forces
• These appointments must be a approved by a majority vote of the Senate.
Executive Privilege
• At times, Presidents have refused to reveal certain information to Congress or the federal courts.
• Congress has never officially recognized the right of executive privilege.– The President’s advisers and staff must be able to speak
freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.
– What is the court’s stand on executive privilege?
United States v. Nixon
• In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security.
–However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6th Amendment guarantee of a fair trial.
Constitutional Powers of the Presidency
• Legislative powers– Addresses Congress on the state of the union– Submits proposals for legislation– Can veto bills– Has power to issue executive orders
• Effect of law• Congress cannot override an executive order.• Congress must pass a new law to override an executive
order.
Obama & Cuba
• “Normalization of relations” • Obama: Goal is to provide the
US with “a greater opportunity to have influence” in Cuba
• Class Discussion:– Do you believe Obama’s
decision is the correct one?– Did the isolation policy fail?– What do you think will actually
change?
The Veto Process
The Roles of the President
Constitutional Powers of the Presidency
• Delegated powers– Congress delegates powers to the executive branch when
it creates agencies that must use discretion to fulfill their missions.
Growth of Power
• Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch.– Certain Presidents
have used the influence of their office to increase the scope of presidential power.
Limits on Power
• Checkpoint: What limits the growth of presidential power?
– In 1952, the Supreme Court ruled that President Harry Truman could not use his powers as commander in chief to take control of U.S. steel mills during the Korean War. (Youngstown Sheet & Tube C. v. Sawyer)
Limits on Power
• In 2006, the Court ruled that President George W. Bush could not use military tribunals to prosecute “enemy combatants” and held that part of his plan violated the Geneva Conventions and the Uniform Code of Military Justice. (Hamdan v. Rumsfeld)
Opposing Views
• Presidents like Theodore Roosevelt have supported broad powers.– “stewardship theory”
• Presidents like William Taft have favored limited presidential powers.– Taft felt that Presidents could not
simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution.
Imperial Presidency
• In recent years, some critics claim that the presidency has grown too powerful.
• They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.
• Class Discussion
–Can you think of possible examples?
The Presidency as an Institution
• Thousands of staffers work for the president’s administration.
The Presidency as an Institution
The Presidency as an Institution
• The Cabinet– The Cabinet: heads of the major executive branch
departments– Origin: early presidents had a secretary who would store
the president’s papers in a cabinet.– Comparison to Great Britain – Clinton: Cabinet diverse enough “to look like America” =
good or bad? – Ceremonial in nature– Defense, State, and Treasury vs. HUD, Energy,
Agriculture
“Inner Cabinet”
• National Security Council (NSC): presidential foreign policy advisory council composed of president, vice president, secretary of state, secretary of defense, and other invited officials
• Importance of NSC depends on President’s own preferences
• Nixon & Kissinger: “From the outset of my administration…planned to direct foreign policy from the White House. Therefore I regarded my choice of a National Security Adviser as crucial”
The Presidency as an Institution
• White House staff– Analysts and political advisers who inform the president
about policies and their political implications• “Special assistants”• Tend to be more closely associated to the President
– Not to be confused with the Executive Office of the President
– Growth over time • FDR = four dozen• Nixon = over 500
Kitchen Cabinet
• Kitchen Cabinet: informal group of advisers to whom President turns for counsel and guidance– Members of official Cabinet may or may not be part of this
• Origins: Andrew Jackson– Originally appointed fairly obscure men to posts of his
cabinet (cronies, friends, etc.)– “Parlor cabinet”– Supported his war on the banks, “spoils system”
The Presidency as an Institution
• Executive Office of the President– Permanent agencies that perform specific management
tasks for the president– Created in 1939– Includes the OMB, Council of Economic Affairs, Council of
Environmental Quality, NSC
• Office of Management and Budget (OMB)– Must approve every proposal from an executive agency that
requires spending– Shift from Bottom Up to Top Bottom– Sets the terms
The Presidency as an Institution
• The role of the vice president varies.
• Only constitutional role is to preside over the Senate and to succeed President if necessary
• Running mate role & balance– Obama & Biden– JFK & LBJ
• Power• Joe Biden• Al Gore• Dick Cheney
The First Spouse
The Presidency as an Institution
• The first spouse– This role also varies from administration to
administration.– Traditionally performed primarily ceremonial roles– Now, often take a more active roll; defining the
position can be difficult– Large staff of their own, with policy advisers,
schedulers, and public relations staffers.– Michelle Obama vs. Hillary Clinton
Contemporary Bases of Presidential Power
• Sources of presidential strength:– Party– Popular
mobilization– Administration
Contemporary Bases of Presidential Power
• Party– When the president’s party
controls Congress and they share policy goals, the president can have tremendous influence IF the party is cohesive.
– If President’s party is the minority in Congress, may stifle ability of President to implement desired policy changes
• Example: Obama
Loretta Lynch: 160 Days and Counting
• Nominated by Obama in November as new Attorney General—still not confirmed by the Senate– Has had to wait twice as long for a vote than the seven
most recent attorney generals combined– Eric Holder: 8 days
• Reason?– Human Trafficking Bill & Partisan Issues
• Hyde Amendment: restrict government spending on abortion (Democrats object)
– Mitch McConnell
Presidential Success on Congressional Votes
114th Congress: Senate
114th Congress: House
Contemporary Bases of Presidential Power
• Going public– Nineteenth century presidents were expected to be unifiers
and not speak out in public about policies.• Andrew Johnson & Reconstruction program:
“inflammatory”– Now, presidents must carefully cultivate their public image.– 20th Century trend
• Theodore Roosevelt: White House as “bully pulpit”
FDR & The Public
• Creating links with the American public– “I regain strength just by
meeting the American people”
• “Fireside chats”– Use of media
– Simple messages
• Press– Targeting reporters
– Political spin
Limits of Going Public
• Public is notoriously fickle– Reagan: 59% in 1981 to 37% in
1983– George W. Bush: 70% in 2002 to
39% in 2005
• Presidential performances tend to fall short of promises and popular expectations—leading to decline in popularity
• Anomaly: Bill Clinton
Administration
• President may also seek to bolster control of established executive agencies or create new administrative institutions
• Attempt to reduce dependence on Congress– Executive Orders
Announcements
• Test: Next Tuesday (Chapter 13)
• Hebert Funeral Mass Tomorrow
• AP Review Book
• Makeups/Retakes–Makeup Policy
Reading Quiz #1
• Regulatory Review
• Signing Statement
• Ratifying through “acquiescence”?
• War Powers Resolution & Constitution?
• Monocracy
WHO ARE AMERICANS?
U.S. Presidents
Key
SOURCE: The Miller Center, “American President: A Reference Resource,” millercenter.org (accessed 10/15/12).
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
White
African American
Christian: Protestant
Christian: Catholic
PARTY
RACE
RELIGION
*Waxhaw area, on North Carolina–South Carolina border
PRESIDENT RELIGIONPARTY RACE STATE
Washington
Adams
Jefferson
Madison
Monroe
Quincy Adams
Jackson
Van Buren
W. Harrison
Tyler
Polk
Taylor
Fillmore
Pierce
Buchanan
VA
MA
VA
VA
VA
MA
*
NY
VA
VA
NC
VA
NY
NH
PA
WHO ARE AMERICANS?
U.S. Presidents
Key
SOURCE: The Miller Center, “American President: A Reference Resource,” millercenter.org (accessed 10/15/12).
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
White
African American
Christian: Protestant
Christian: Catholic
PARTY
RACE
RELIGION
PRESIDENT RELIGIONPARTY RACE STATE
Lincoln
A. Johnson
Grant
Hayes
Garfield
Arthur
Cleveland
B. Harrison
McKinley
T. Roosevelt
Taft
Wilson
Harding
Coolidge
Hoover
KY
NC
OH
OH
OH
VT
NJ
OH
OH
NY
OH
VA
OH
VT
IA
WHO ARE AMERICANS?
U.S. Presidents
Key
SOURCE: The Miller Center, “American President: A Reference Resource,” millercenter.org (accessed 10/15/12).
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
White
African American
Christian: Protestant
Christian: Catholic
PARTY
RACE
RELIGION
PRESIDENT RELIGIONPARTY RACE STATE
F. Roosevelt
Truman
Eisenhower
Kennedy
L. Johnson
Nixon
Ford
Carter
Reagan
H.W. Bush
Clinton
W. Bush
Obama
NY
MO
TX
MA
TX
CA
NE
GA
IL
MA
AR
CT
HI
WHO ARE AMERICANS?
U.S. Presidents, by Region
Presidents
SOURCE: The Miller Center, “American President: A Reference Resource,” millercenter.org (accessed 10/15/12).
1
2
0
4
7
8
The Administrative State
Contemporary Bases of Presidential Power
• The administrative state: presidents have tried to increase their power vis-à-vis Congress through three administrative mechanisms:– Enhancing the reach and power of the Executive Office of
the President– Increasing White House control over bureaucracy– Expanding the role of executive orders and other
instruments of direct presidential governance
Executive Office of the President
• Growth– From six administrative assistants in 1939 to 400 staff in
WHO and 1,400 in EOP– Gather, plan, communicate, and exercise control
• OMB– Control federal spending– Capacity to analyze and approve all legislative proposals
from all federal agencies before being submitted to Congress
• President’s staff are equal to the task of proposing legislation and countering Congress
Regulatory Review
• White House determines how agencies should operate
• Congress: “Here is the problem: deal with it”
• Discretion & Power– Clinton: 107 directives– Bush & Obama
• “Look back” program
Governing by Decree
• Governing by decree– Executive orders– Presidential decrees– Executive agreements– National security findings and directives– Proclamations– Reorganization plans– Signing statements
Executive Orders
• Have been used extensively throughout American history: purchase of Louisiana, annexation of Texas, emancipation of slaves
• Historically have increased during times of war • Executive Order & Law
– Needs constitutional or statutory basis for action• Ex: Desegregation of armed services—constitutional
powers as commander in chief (Truman)
• Congress: acceptance by “acquiescence”?• Validity of executive orders?
Significant Executive Orders,1900–1995
Signing Statements
• Definition: announcements made by the president when signing bills into law, often presenting the president’s interpretation of the law
• Instructions on how to execute law– Ex: Truman & 1946 Hobbs Anti-Racketeering Act
• Samuel Alito & Edwin Meese (Reagan’s attorney general)
• Valid?
Personalization of Power
Thinking Critically about Presidential Power and Democracy
Make sure this is updated if needed, still TK on PDF
Public Opinion Poll
Which branch of government do you believe is most
powerful?
a) Congress
b) Presidency
c) Judiciary
d) They are equally powerful.
Public Opinion Poll
Which of the following do you believe is the most important role of the president?
a) Commander in chief (in charge of the military)b) Chief diplomat (managing our relations with other nations)c) Chief executive (as “boss” of the executive branch)d) Chief legislator (legislative powers)e) Chief politician (party leadership)
Public Opinion Poll
Which branch of government do you believe should be
most powerful?
a) Congress
b) Presidency
c) Judiciary
d) None, they should be equally powerful.
Public Opinion Poll
Members of Congress and the U.S. Senate are not
term-limited. Members of the U.S. Supreme Court
serve life terms. Should a president be able to run for a
third term if the voters supported it ?
a) Yes
b) No
Public Opinion Poll
Should the vice president be elected independently of
the president (no tickets) where one could vote for a
president and vice president of different parties if they
wished to do so?
a) Yes
b) No