Download - 8 - Presidency
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The Presidency
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The Executive Function Each branch has a primary function
and virtue
Executive Function - Executing the Law (power of the sword)
Executive Virtue - Energetic Action
Institutional Design to Match Function
What makes them powerful?
Decision, Activity, Secrecy & Dispatch
Accountability
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Why do you need a President?
Rule of a Single Man
Need a Strong Individual who can give us direction.
Problems of Law
Complexity
Not Self-Executing
Cannot possibly foresee every event
Prerogative Power
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Lessons Learned from the Articles Lessons learned from the Articles of
Confederation
Executive power restrained initially.
Legislative power became predominantleading to legislative tyranny.
This showed a need for an independent, national executive
All situations cannot be foreseen need someone to lead.
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Creating the Presidency American Founders sought to remedy
problems of Articles.
How did they make it energetic?
Vested in a single person
Congress does not select
Four Year Term
Substantial Constitutional Powers
How did they make it accountable?
Each branch is supreme within sphere
Checked by other branches often
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Vesting clauseThe executive Power shall be vested in a President of the United States of America. (Article II, Section 1)
How does this differ from Congress vesting clause?
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Constitutional Powers and Duties The Constitution empowers a president to do certain things
Commander-in-ChiefOpinions in WritingPardon TreatiesAppointmentVeto
Constitution provides powers that cannot be taken away by Congress.
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Constitutional Powers and Duties
The Constitution places duties on a president that they must do.
State of the UnionReceive AmbassadorsTake Care that the Laws be Faithfully ExecutedCommission Officers of U.S.
The President is the only federal officer required to take an oath of office.
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Informal Sources of Presidential Power
Presidential Popularity
More popular better suited to get people to listen to you
Less popular, you are a liability to your party
Rhetorical Ability
Presidents who can speak better are more successful
Scandals and Public Perception
Public perceptions determine how you use your legal powers
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Roles of the PresidencyFormal Roles Commander-in-Chief Top Diplomat Policy Initiator Head of Bureaucracy Chief Law Enforcement
OfficerInformal Roles Head of State Chief of Party Economist-in-Chief
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Characteristics of the Office
Natural-born American citizen
At least 35 years of age
A resident of the United States for at least 14 years
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Term of 4 years
May only serve for 10 years total
VP takes over last two years of predecessors term
National Constituency
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Considerations about Term Limits Importance of re-eligibility
President may not try to acquire public good
Incentivize staying within the boundaries of the law
Experience/Wisdom important for leaders
Changed with the 22nd Amendment (1951)
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The Early Presidency
We had a limited constitutional role of the President originally
Sentiments of the Washington very different than modern presidents
National government originally very small.
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The Early Presidency
First presidents were very cautious
EX: Thomas Jefferson
Post-New Deal Change
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Washington: The precedent setter
Office designed with Washington in mind
Six Precedents:
1.Circumventing Congressional power grabs
2.Establishment of a Cabinet
3.Removal Power of officials in executive branch:
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Washington: The precedent setter
Six Precedents:
4. Exercise of Take Care Clause (Whiskey Rebellion).
5. Chief foreign policy actor:
6. Two-term presidency
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Andrew Jackson & The Constitutional Presidency
Appealed over the heads of Congress directly to the people
Creation of a mandate
First use of veto for policy disagreement on the National Bank
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Lincoln & The Constitutional Presidency
Lincoln remembered for his leadership and for his forceful use of executive authority in order to preserve the Union.
Lincoln extended the use of presidential prerogative (exercised the full extent of his office) due to the civil war.
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Theodore Roosevelt: The beginning of the rhetorical presidency?TR cultivated public opinion through use of the bully pulpit
Founders concerned about demagoguery
Stewardship theory of the presidency
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Woodrow Wilson & The Modern Presidency
President should rely on shaping public opinion
Use of rhetoric relevant
President representative of national opinion
President should be legislative leader
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A Wilsonian Understanding of the Constitution
The Constitution was founded on the law of gravitation. The government was to exist and move by virtue of the efficacy of checks and balances. The trouble with the theory is that government is not a machine, but a living thing. It falls, not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin, not to Newton. It is modified by its environment, necessitated by its tasks, shaped to its functions by the sheer pressure of life.
No living thing can have its organs offset against each other, as checks, and live.
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A Wilsonian Understanding of the Constitution
Living political constitutions must be Darwinian in structure and in practice. Society is a living organism and must obey the laws of life, not of mechanics; it must develop. All the progressives ask or desire is permissionin an era when development, evolution, is the scientific wordto interpret the Constitution according to the Darwinian principle. Wilson (1912)
Checks and balances outdated.
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FDR & The Modern Presidency Fireside chats
Federal government directly responsible for well-being of Americans
Long-term changes to presidency
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Structure of the Executive Branch
Unity
Command and Responsibility
Personnel
Vice Presidency
Executive Office of the President
Cabinet
Problems of a Large Bureaucracy (see next slide)
Groupthink
Magnitude of Government
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The Presidency and Other Branches: Cooperation VS Conflict
Depending on the issues they handle, presidents may mix up strategies in order to obtain their goals:
Deliberation (on merits of policy)
Bargaining
Congressmen pursue a similar strategy
Vetoes
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Presidents Use of Direct Authority:
Proclamations
Executive orders
Signing statements
Recess appointments
Executive agreements
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Constitution and War Powers
Congress:
Declare War
Raise & Regulate Military
Appropriate Funds
President:
Commander-in-Chief
Vesting Clause
Treaty Power
Conflict between the branches is never fully resolved, but encourages political deliberation
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Key Provisions of the War Powers Resolution of 1973Definition of the
Presidents Power to put Forces in Combat
Consultation with Congress
Reporting to Congress
Withdrawing Troops
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Factors in Presidential LeadershipPublic support
Events and issues
Rally round the flag effect
Economy
The televised presidency
Kernell: Going public
Potential issue with overuse
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The Illusion of Presidential Government
Negative press portrayals and consequences for a president.
Credit claiming/Avoiding blame
Picture above details results from a 2012 poll.