Executive Branch Presidency Article II n n n

Executive Branch (Presidency)

Article II n n n Section 1, Clause 1: “The executive power shall be vested in a President of the United States of America” Executive branch one of the MOST discussed topics at the Convention q Too much power vs. “congressional puppet”

Article II n Selecting the president also an issue q Popular vote? n q Selected from Senate? n n Concern with large states wielding too much power Elitist, limited candidates, nominations? Section 1, Clauses 2 - 4: q Electoral College

Electoral College n n How it works: http: //www. youtube. com/watch? v=ok_VQ 8 I 7 g 6 I

Electoral College – WTF? n Framers thought that with each state voting separately, they would elect a “favorite son” q q n This would mean no clear majority Then the House decides the election (II, 1, 3) Why didn’t this work? q National parties took hold

Article II n Section 1, Clause 5: q 35 Years old Requirements to be president n Natural born citizen q q Jus soli – by soil Jus sanguinis – by blood 14 years of residency

Article II n Section 1, Clause 6 q n Presidential succession Section 1, Clause 7 q President may get paid n n Can’t be increased during term of office Section 1, Clause 8 q Presidential Oath of office

Article II n Section 2, Clause 1 q “The President shall be Commander in Chief of the Army and Navy of the United States” Also gives the president ability to have a cabinet q Provides the ability to make pardons and reprieves

Article II n Section 2, Clauses 2 and 3 q q Gives president power to make treaties (w/ 2/3 senate approval) Power to appoint officials (judges and other officers)

Article II n Section 3 q Give congress the “State of the Union” q q Can call Congress to session Receives ambassadors q “shall take Care that the Laws be faithfully executed”

Article II n Section 4 q “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”

Roles and Powers of the President

Presidents Ministers n n vs. elected by people usually political outsiders cabinet members are outsiders work with divided governments Prime n n elected by parliament always insiders cabinet members are insiders get most legislation passed

Chief of State Chief Citizen Chief Executive Chief of Party Chief Administrator Chief Diplomat Chief Legislator Commander In Chief

Roles/Powers of the President n Chief Executive q n Commander In Chief q n approve laws, appoint officials, preside over bureaucracy final military decisions, commission officers, military strategy Domestic Policy Leader q done via “State of the Union”, what’s important

Roles/Powers of the President n Foreign Policy Leader q n Representative of the Nation q n relations with other countries, sign treaties/agreements, much power in this area top diplomat, head of state Party Leader q His decisions become “party decisions”

Evolution of Power n Presidential Power Exists in 3 “eras” q 1 st Era – Early Presidents n q 2 nd Era – Congressional Dominance n q Washington – Jackson Van Buren – Hoover (excluding Lincoln and T. Roosevelt) 3 rd Era – The Modern Presidents n FDR – Obama

Early Presidents (Washington – Jackson) n n n Stuck closely to formal powers (in Con. ) Worked closely with Congress Elitist (until Jackson) Forced to take risks (no precedents) Bottom line: q Power expanded, but stayed mostly within bounds of Constitution

Congressional Power (Van-Buren – Hoover) n n Congress begins to reassert power Unified Congress acts quickly on matters q q n n Reduces importance of “Chief Legislator” Most 1800’s congresses were “veto-proof” Speaker of House more powerful Bottom line: q With a few exceptions, Congress dominated the government

Modern Presidents (FDR – Obama) n n n Massive expanse of power (formal and informal) People associate events with President more now 11 of the 13 presidents have made a “significant” change to the office or country q n Carter/Ford exceptions, viewed as weaker Bottom line: q Modern presidents lead, congress follows

Modern President order: n n n n Roosevelt: 1933 -1945 Truman: 1945 – 1953 Eisenhower: 1953 -1961 Kennedy: 1961 -1963 Johnson: 1963 – 1969 Nixon: 1969 -1974 Ford: 1974 – 1977 n n n Carter: 1977 – 1981 Reagan: 1981 – 1989 Bush: 1989 – 1993 Clinton: 1993 – 2001 W. Bush: 2001 – 2009 Obama: 2009 - ?

What did they do? n n n FDR: new deal, strong personality, fireside chats, wartime president, tried to change SC Truman: wartime, desegregated military, atomic bomb; Eisenhower: activated military in peacetime, strong media personality, LONG lasting SC appointments, TVs in white house Kennedy: strong personality, motivated country Johnson: “Great society”, civil rights movement assassinations of Kennedy/MLK Nixon: strong personality, excessive use of executive privilege, opening of China, troops home from vietnam Ford/Carter-Weaker Reagan: Economy upswing, strong personality, major use of media, massive use of executive orders Bush: Wartime Clinton: Economy upswing, sued as president, W. Bush: National Tragedy, War, created new cabinet department Obama: Social networking, motivation of younger voters, massive gov’t spending

What’s different w/ modern presidents? n Increased use of media requires stronger personalities for President n Increased communication with people gives impression president is “speaking” on their behalf n Ticket-Splitting = more divided government

Informal Powers not specifically granted by the Con. q q q Use of media Executive Orders Executive Agreements

Executive Order n n Legally binding directive by the president (acting as chief executive) on an executive agency TYPICALLY to get the agency to enforce a law a particular way or at a particular speed q q n Truman – Desegregation of Military Eisenhower – desegregation of schools Clinton – granted use of lands for parks/monuments Reagan – banned use of federal money for abortions Congress can override an EO by making law more specific

Executive Agreement n n n A foreign policy similar to a treaty made by president with foreign governments Not binding on future presidents Does NOT require Senate Approval q q n n Roosevelt – Lend Lease program Carter – Release of Iranian Hostages Supreme Court generally supports From 1939 – 1999 94% of international law done through executive agreement

The Power To Say “NO” (Veto) n Veto: refusal to sign a bill passed by both houses of Congress q n n often accompanied by a veto message that explains the vet Pocket veto: Congress adjourns in 10 days after passing a bill Line item veto: would give the President the power to select parts of legislation to pass. q q q Clinton was given line item veto, but it was taken away in Clinton v. NY Proponents argue it would prevent riders and Christmas tree bills Opponents argue it gives the President ability to “re-write” laws.

The Power To Say “NO” (Veto) n Executive Privilege: informal power claimed by some Presidents to keep info. Confidential q q q n Kennedy sought to protect his defense department officials Nixon did not want to hand over Watergate Tapes Clinton claimed he could not be sued in office Impoundment of Funds: President refuses to spend money authorized by Congress q Budget Reform Act of 1974 forces President to either spend money or send a message to Congress explaining why money is not spent

Vice President

Powerful? "the most insignificant office that ever the invention of man contrived or his imagination conceived. “

"Once there were two brothers. One went away to sea; the other was elected vice president. And nothing was heard of either of them again. " “One word sums up the responsibility of any vicepresident, and that one word is "to be prepared”

Formal Powers of VP n n n Succeed the president Help in decisions of capability to serve Preside over the Senate q q Only votes in case of a tie Actually counts electoral votes Whoa! That’s it? That’s all I get to do?

Informal Powers n n None really Some VPs have taken up their own causes q q n Gore – Environment Bush – Deregulation, Drug Smuggling Recent VPs have been asked for more input and given power by the President in For. Policy q Bush, Cheney, Biden (Gore an exception)

Organization of Executive Office and White House Office

What is the Executive Office? • Set of groups with the specific task of advising the president on specific topics when requested

What is the White House Office n n More “administrative” and less “policyoriented” than the executive office Handle day to day Presidential activities q Press briefings, stagings, responding to mail, coordinating photo-ops, research, speech-writing, etc

Organizational methods - Circular Cabinet Secretaries Vice President Executive Office PRESIDENT Selected Advisors Chief of Staff Special Assistants Task Forces White House Office

Organizational methods – Ad Hoc Committee Cabinet Secretaries Leaders Vice President Executive Office PRESIDENT Selected Advisors Chief of Staff Special Assistants Task Forces White House Office

Organizational methods - Pyramid President Chief of Staff White House Office Executive Office Vice President Task Forces Selected Advisors

Organizational methods – Pros/Cons n Pyramid Structure: hierarchy of authority q q n Circular Structure: roundtable discussion q q n PRO – orderly flow of info CON – may isolate the president PRO – much information from direct sources CON – arguing amongst cabinet members Ad hoc structure: informal groups of friends and advisers q q PRO – flexible and allows outside POVs CON – may cut off President from people who make implement policy