The Presidency POTUS President Of The United States

The Presidency POTUS President Of The United States

The Presidents and Paradoxes • Great Expectations and Presidential Paradoxes – Americans want a president who is powerful and bold— someone like Washington, Jefferson, Lincoln, Roosevelt, and Kennedy. – Yet Americans tend to dislike large government and do not like a concentration of power because they are individualistic and skeptical of authority.

FDR Does a lot of action and policy creation make a President “great”? Can a President be “great” if not much is changed during their Presidency?

Who was the most popular president since WWII?

Gallup Presidential Approval Ratings, Highs • Highest during honeymoon periods and national crisis • • • President Harry Truman Dwight Eisenhower John Kennedy Lyndon Johnson Richard Nixon Gerald Ford Jimmy Carter Ronald Reagan George H. W. Bush Bill Clinton George W. Bush Date(s) High approval rating% June 1945 87 December 1956 79 April 1961 83 February 1964 79 November 1969 67 August 1974 71 March 1977 75 May 1981 and May 1986 68 February 1991 89 December 1998 73 September 2001 90

Presidential Facts Main Officers—President and Vice President elected as a ―ticket • Salary--$400, 000 • Constitutional Qualifications: – 35 years of age – natural born citizen – live in the US for 14 years Historical Informal ―Requirements – White (except one), Male, Protestant (except one), rich • May serve 2 terms in office (22 nd Amendment, each term is four years) • Nominate the 15 Cabinet-level positions that head up the 15 departments of the executive branch which constitute the most of the Bureaucracy. – Each head is nominated by President and confirmed by Senate • 4 Presidents assassinated in office, 4 died in office, 1 resigned.

Trivia Question: What college has had the most attendees become President?

Answer • • • Harvard, 7 Yale, 5 William and Mary, 4 Princeton, 2 West Point, 2 **Ohio State soon when Mr. W is elected

So you want to be President, what should you do with your life?

• Be born in Ohio, go to Harvard, become a lawyer, fight in a war, be Secretary of State or a governor, and be elected around age 56.

Sources of Presidential Power Constitution –Formal (Expressed) • Commander in Chief • Appointments (heads of executive departments/agencies, ambassadors, federal judges) (with Senate consent) • State of Union • Receive Ambassadors • Convene Congress • Make Treaties (with Senate consent) • Veto • Pardon for federal offenses (but not impeachments)

Informal (Inherent/implied) • Implied from declaration "take Care that the Laws be faithfully executed" made in Article II of the Constitution • Send troops to battle without a declaration of war, create foreign policy, Guide Legislative Agenda, ―Bully Pulpit of media • Special Presidential Powers, which many argue are inherent to the office, while others disagree

Executive Orders • –Executive Orders —decrees by the President that have the full force and effect of law, usually used to direct a government department or agency into an action the President wants made in pursuance of an act of Congress or Supreme Court decision, some of which specifically delegate to the President some degree of discretionary power—EO’s cannot create new taxes or appropriate $$. – Lincolns’ Emancipation Proclamation – Roosevelt putting Japanese-Americans into camps, Executive Order 9066 – Truman ordering the desegregation of the military – Eisenhower ordering the national guard to Little Rock to help desegregate the school – Obama tried to close Guantanamo Bay detention center –Emergency Powers: Lincoln suspending Habeas Corpus during Civil War

Agenda Setting: Bully Pulpit The President can control public policy and discussion through… • The media • State of the Union speech • Make policy proposals • Encourage the Congress

Media as tool of Presidential Persuasion • Going Public via the Media – Public support is perhaps the greatest source of influence a president has. The ―Bully Pulpit (TR) • Policy Support – Presidents attempt to gain public support through televised messages and maybe motivate them to contact Congress • The public may not be receptive to the president’s message or misperceive it all together. • A difficult task, given inattentive and apathetic public • May backfire: a lack of response speaks loudly • Many people in the White House deal with the media, but the press secretary is the main contact person. – Press conferences are best-known direct interaction of president and media – News coverage of presidents has become more negative.

Executive Privilege • • • Power claimed by the President and other members of the executive branch to resist certain subpoenas and other investigations by the legislative and judicial branches of government. Not mentioned in the Constitution SCOTUS ruled it to be an element of the separation of powers doctrine Example: The right to privacy of conversation between advisors and President Privacy is needed for candid advice from advisors with out political pressure Claim most legitimate in National Security issues

Executive Privilege US v. Nixon - Nixon refused to hand over recorded conversations, claiming Exec. Privilege - Court ruled in favor of US - EP can’t be used to block the function of the federal court procedures

Quiz 1. A presidential pardon (Ford pardoned Nixon) would be an example of what type of presidential power (Formal/ Informal)? 2. During WWII, FDR prohibited racial discrimination in the defense industry through executive order, would be an example of what type of power? (Formal/ Informal) 3. When Truman called for the desegregation of the military through executive order, this was an example of? (Formal/ Informal)? 4. President Wilson submitted the Treaty of Versailles to the Senate for ratification would be an example of what type of presidential power? (Formal/ Informal)?

• 5. Andrew Jackson vetoed the Bank of the United States would be an example of what type of presidential power? • 6. Andrew Jackson issued the Specie Circular that all federal land must be paid for with specie, gold • 7. FDR calls a special session of Congress after Pearl Harbor • 8. FDR makes the Destroyers-For-Base Executive Agreement with Winston Churchill

Presidential Roles • • • Chief of State (Head of State) Chief Citizen Chief of Party Chief Legislator Chief Economist Chief Diplomat Commander in Chief Executive Chief Appointer

• Role: Chief of State • • Head of State—Acts as example for and symbol of the United States • • Represents America at special occasions and ceremonies. • • Kings and Queens are heads of state. • • Awarding medals and speechmaking are examples of this role.

• Role: Chief of the Party • • Presidents help members of their party get elected or appointed to office. • • They make campaign speeches needed for re-election. • • Head of fund-raising for the party.

Coattail effect?

• When a popular president influences voters to support candidates for other offices from the president’s party, the result is called • a. the plurality system • b. the coattail effect • c. logrolling • d. gerrymandering • e. winner-take-all

• • Role: Chief Legislator • Congress has the power to make laws but Presidents can influence this • Presents his agenda to Congress in the annual State of the Union address. • President can ASK Congress to propose bills, lobby them for his agenda, and must sign bills into law or veto them (no line-item veto). –Signing Statements: a written message from the President upon signing a bill that directs executive agencies on HOW they should implement a law as well as how it is to be interpreted. . • Some see this as unconstitutional since it could be argued it serves a similar purpose as a lime-item veto as well as usurping the courts job to interpert laws—the courts have not ruled one way or another on it. • Can call special sessions of Congress • Power of Presidency is weakened during the “lame duck” period

Who has the most vetoes in US history?

How many presidential vetoes have there been?

Barack Obama -December 30, 2009: Vetoed H. J. Res. 64, Making further continuing appropriations for fiscal year 2010, and for other purposes. Override attempt failed in House. -October 7, 2010: Vetoed H. R. 3808, the Interstate Recognition of Notarizations Act of 2010. Override attempt failed in House.

Why has Obama used the veto so little? Read pages 32 -35

Gridlock • Divided government – Prez and Congress majority represent different political parties • “gridlock” – the inability to accomplish goals – Con – government operation shuts down – Pro – slows the decision making process, example of check and balance, prevents the tyranny of the majority

Chief Guardian of the Economy • Manages fiscal policy of Nation (govt. taxing and spending ) • • Proposes the annual governmental Budget to Congress for approval. • –Executive Offices: • • Office of Management and Budget (OMB) VID • • Council of Economic Advisers (CEA) • • Appoints Federal Reserve Board and Chairmen (Ben Bernanke) • • President and advisors Monitors • –Unemployment, inflation, taxation, business growth and general economic welfare of the nation. • –Click picture for Obama Budget

The Budget Process President v. Congress • • What is the Budget? • –The budget request includes funding requests for all federal executive departments and independent agencies. • • President proposes the budget through the OMB and Congress then investigates it through the CBO and then vote on it. Budget is then good for the next fiscal year: Oct 1 st–Sep. 30 th--2012 Budget: OMB Director Jack Lew clip • • If Congress does not pass the President’s Budget, the government can go into ―shutdown‖ (happened twice in 1995).

Impoundment • Presidential practice of refusing to spend money appropriated by Congress. • Budget Reform and Impoundment Act of 1974 – president must spend funds

Role: Chief Diplomat • Architect of American foreign policy by directing the actions of American ambassadors (who work under the State Department), which are appointed by the President (confirmed by Senate by simple majority) • Enter into Executive Agreements with other nations, do not require Senate approval. Such agreements only apply to current terms. • Signs treaties (with 2/3 Senate Confirmation) and trade agreements with leaders of other nations. (NATO, NAFTA, CAFTA, WTO, )

Examples: • Famous Treaties: – Treaty of Paris 1898 to end the Spanish American War, passed by one vote and annexed the Philippines – President Wilson negotiated the Treaty of Versailles with the League of Nations to end WWI but could not get the necessary 2/3 Senate ratification vote • Famous Executive Agreements: – FDR’s Destroyers for Base Deal, 1940 – TR’s Gentleman’s Agreement, 1907

Role: Commander-In. Chief US • In charge of US Armed Forces. • • President decides where armed forces are to be stationed and when to deploy them.

• • • Struggle between Congress and Presidency in Foreign Policy • In many ways, the Constitution “invites struggle” between the President and Congress –In General, the Congress usually defers to the President on Foreign Policy, but not always without conflict, especially involving war-making power. • Constitution gives Congressthe power to –Formal Powers: • Declare War (joint resolution signed by President required) • Raise and Support and Army, provide and maintain a Navy, organize and call forth the militia • Regulate foreign commerce • Senate must approve (advice and consent to) presidential nominees for ambassadors, confirm treaties the President may negotiate • Pass laws on specific foreign policy issues • “Power of the Purse” (funds and appropriates budgetary requests of President, most used in Executive departments) –Informal Powers: Congress has oversightof Executive Agencies, such as the Defense Department, CIA, NSA, etc.

• • • Struggle between Congress and Presidency in Foreign Policy • In many ways, the Constitution “invites struggle” between the President and Congress • Constitution, both formal and informal powers, allows the President to –Formal Powers: Commander in Chief of all military forces, appoint and receive ambassadors, make /negotiate treaties, recognizes nations –Powers seen as Implied and Inherent to the office via the Constitution • Oversee State Department, which conducts American Foreign policy • Oversee the Department of Defense—one of the most expensive and influential departments within the executive branch –National Security Agency (NSA) —agency within the Department of Defense— advises the president regarding foreign and domestic security issues • CIA (Central Intelligence Agency)—Independent agency of the Executive Branch –advises the president based on ―intelligence‖ gathering • Chairman of the Joint Chiefs is the top military commander under President. –Informal Powers: Seen as world leader, executive agreements with leaders of other nations, knowledgeable on issues and access to intelligence info, meet with world leaders, access to media to agenda set

Daily Show: The Way We War • http: //thedailyshow. cc. com/videos/b 7 hxzd/t he-way-we-war

War Powers Act, 1973 • • Reaction to LBJ misleading the US into the Vietnam War though the Gulf of Tonkin Resolution and Nixon escalating the war when promising peace Passed over Nixon’s veto Meant for Congress to reclaim war powers and limit the power of the Presidency President must notify Congress within 48 hours of sending troops into combat. President must consult with Congress whenever feasible. Conflicts are limited to 60 days unless Congress takes action. Congress can extend time from initial 60 days or can withdraw troops after 60 days with adequate notification to the President. Congress may end the combat commitment at any time by passing a concurrent resolution – Many argue that this would amount to a legislative veto on the Presidents actions. Legislative Vetoes are when congress override a Presidential Action —the legislative veto was deemed unconstitutional by SCOTUS in INS v. Chadha (1983) – Presidents usually see the War Powers Act as unconstitutional and continue to test the constitutional limits of using the military in foreign conflicts. SCOTUS has never heard a specific case on it.

The Chief Executive (CEO) • • The Offices of the Executive Branch are found in the White House and other federal buildings in Washington D. C. • • As CEO, the President oversees the entire administration and bureaucracy of the federal government and ensures that laws are carried out.

Running the Government: The Chief Executive & Chief ―Appointer‖ • • As Chief Executive, the president presides over the administration of government. • –Constitutional Source of Power: • • Article II: ―take care that the laws be faithfully executed‖ • –Known as the ―faithfully execute the law‖ clause • » Source of many of the informal powers of the President • –Today, federal bureaucracy spends $2 -4 trillion a year and numbers more than 4 million employees (counting military) • –Presidents appoints 500 high-level positions and 2, 500 lesser jobs (require senate confirmation—advise and consent) • • Recess appointments • –One way the President gets appointments through during divided government

Appointment Power • Power to appoint ambassadors, public officers, and Supreme Court Judges with Senate approval (advice and consent) • Civil Service – most gov jobs under executive filled based on merit system John Roberts Harriet Miers John Bolton

White House Office • “Pyramid” model – assistants answer to a hierarchy up to a chief of staff (few top advisors to prez, prez free but isolated) • “Circular” model – direct contact with staff (many top advisors to prez, prez busy but connected) • Significance: determines what aids have the most influence on presidential decisions

Executive Office of the President • National Security Council – advises on military and foreign policy • Office of Management and Budget – prepares national budget, largest office • National Economic Council – advises with economic planning

The Cabinet • 15 major department heads advising prez • “Inner cabinet” – Secretary of State, treasury, attorney general, and defense Hillary Clinton – Secretary of State Robert Gates – Secretary of Defense

Presidential Disability and Succession • 22 nd Amendment – limited President to 2 terms, serving no more than 10 years • 25 th Amendment – If the VP office is vacated, then the President can select a new VP

What is the presidential line of succession?

Impeachment • House impeaches by a majority vote, Senate removes the Prez w/ 2/3 vote, Chief Justice presides over the trial • Two presidents impeached, neither removed (Andrew Johnson, Bill Clinton) • Nixon resigned before impeached

The Evolution of Presidential Power • Founders: “Make him too weak, the legislature will usurp his powers; make him too strong and he will usurp on the legislature” • Today, we take for granted that Presidents seem to propose their legislative agenda and then wait for Congress to respond • 1930 s: FDR and New Deal created a “safety net” for the poor which greatly expanded the size and power of the Federal government. – Works Progress Administration (WPA), Unemployment insurance, Social Security • The 70 s and the Imperial Presidency –Nixon: “When the President does it, that means its not illegal”

Debate • http: //www. cspanclassroomdeliberations. org/issues/pre sidential-power • Should the President be able to exercise executive powers as identified in the “take care” clause during times of Congressional gridlock?

Presidential Power • There are three categories of presidential power: • Constitutional powers: powers explicitly granted by the Constitution • Delegated powers: powers granted by Congress to help the president fulfill his duties • Inherent powers: powers inherent in the president’s power as chief of the executive branch

• Constitutional and delegated powers make up the expressed powers because these powers are clearly outlined in the Constitution. Presidents have interpreted inherent powers differently, sometimes in ways that grant the president great power. • Emergency Powers • The most common inherent powers are emergency powers, exercised only in times of great need. Some emergency powers are limited in scope. The president can declare a place devastated by a storm a federal disaster area, making it eligible for federal aid. Other emergency powers are much vaster in scope. During the Civil War, for example, President Abraham Lincoln spent money without congressional approval, and he also suspended a number of civil liberties, including the writ of habeas corpus.

• • Executive Orders Another type of inherent power is the executive order, which is a rule or regulation issued by the president that has the force of law. The president can issue executive orders for three reasons: To enforce statutes To enforce the Constitution or treaties To establish or modify how executive agencies operate All executive orders must be published in the Federal Register, the daily publication of federal rules and regulations. Executive Privilege Executive privilege is the right of officials of the executive branch to refuse to disclose some information to other branches of government or to the public. It includes refusing to appear before congressional committees. Executive privilege is an inherent power that is not clearly defined, and the courts have had to set limitations on the use of the privilege. In 1974, for example, the Supreme Court ruled that executive privilege could not be invoked to prevent evidence from being used in criminal proceedings against the president.

2008 • A number of factors enable presidents to exert influence over Congress in the area of domestic policy. However, presidents are also limited in their influence over domestic policymaking in Congress. – The Constitution grants the president certain enumerated powers. Describe two of these formal powers that enable the president to exert influence over domestic policy. – Choose two of the following. Define each term and explain how each limits the president’s ability to influence domestic policy making in Congress. • Mandatory spending • Party polarization • Lame-duck period

1999 • In the 1990 s presidential election campaigns have become more candidate centered and less focused on issues and party labels. This change has been attributed both to how the media cover presidential campaigns and to how candidates use the media. Identify and explain two ways in which the media have contributed to candidate-centered presidential campaigns. Identify and explain two ways in which presidential candidates’ use of the media has contributed to candidate-centered campaigns. • Your answer should not include a discussion of presidential primary elections.

Two ways MEDIA have contributed to candidate-centered presidential campaigns: • • • 1 point- each identification of a way in which the media have contributed to candidate-centered presidential campaigns (maximum of 2 points) Note: Must be some linkage to candidate-centered campaigns 1 point- explanation of each way in which the media have contributed to candidate-centered presidential campaigns (maximum of 2 points) The following are some acceptable ways that the MEDIA contribute to candidate-centered campaigns: • – – – – – Coverage of background of candidate Image-centered coverage/personality Talk shows, TV debates Horserace, reporting polls Candidate sound bites De-emphasizing party Feeding frenzy Coverage of convention Investigative reporting/ scandals Focus on candidate gaffes

Two ways presidential CANDIDATES’ use of the media has contributed to candidate- centered campaigns: • • • The following are some acceptable ways that CANDIDATES’ use of the media has contributed to candidate-centered campaigns: (4 pts. ) Negative commercials/mudslinging Attention-getting: public appearances to enhance public attention to individual qualities; timing of candidate activities to make free news coverage Seeking Contributions Leaking information Image building: positive ads; hiring consultants; TV debates that focus of individual appearance/ qualities; getting on talk shows Candidate creating choreographed opportunities Use of internet to disseminate information Sound bites

2004 • Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency. A. Identify two formal constitutional powers of the president in making foreign policy. B. Identify two formal constitutional powers of Congress in making foreign policy. C. Identify two informal powers of the president that contribute to the president’s advantage over Congress in conducting foreign policy. D. Explain how each of the informal powers identified in (c) contributes to the president’s advantage over Congress in conducting foreign policy.

2003 • Presidential approval ratings fluctuate over the course of each presidential administration. • Identify two factors that decrease presidential approval ratings, and explain why each factor has that effect. • Identify two factors that increase presidential approval ratings, and explain why each factor has that effect.

2007 Conflicts between Congress and the President over war powers have their origin in the U. S. Constitution. In 1973, Congress passed the War Powers Resolution in an attempt to clarify the balance of powers between the two branches of government: • Describe the primary constitutional conflict between Congress and the President over the decision to go to war. • Describe two provisions of the War Powers Resolution that were designed to limit the President’s power over war making. • The War Powers Resolution has received mixed reviews, but Congress has other powers over war making. Other than the constitutional power that you described in (a), identify and explain two other formal powers Congress has over war making.

• • Part (a): 1 point One point is earned for a correct description of the primary conflict over the decision to go to war: the President is commander-in-chief and Congress has power to declare war. Part (b): 2 points One point is earned for each correct description of a provision of the War Powers Resolution designed to limit the President’s power over war making. Acceptable descriptions include: – – President must notify Congress within 48 hours of sending troops into combat. President must consult with Congress whenever feasible. Conflicts are limited to 60 days unless Congress takes action. Congress can extend time from initial 60 days or can withdraw troops after 60 days with adequate notification to the President.

• One point is earned for correctly identifying two other formal powers Congress has over war making (maximum 2 points). One point is earned for each explanation of the formal powers identified in part (c) (maximum 2 points). • Acceptable answers include: – – – – Passing laws. Appropriations (any mention of “funding”). Confirmation of nominees. Impeachment. Treaty ratification. Congressional oversight (hearings or investigations). To earn a point, the explanation must tell how or why these are formal Congressional powers over war making.

2011 • The Constitution of the United States creates a government of separate institutions that share power rather than a government that delegates power exclusively to a single branch. Frequently, this means that presidents and Congress struggle with each other. • For each of the presidential powers below, explain one way that congressional decision making is affected by that power. – Veto power – Power to issue executive orders – Power as commander in chief • For each of the congressional powers below, explain one way that presidential decision making is affected by that power. – Legislative oversight power – Senate advice and consent power – Budgetary power

Table 8. 4: Who were the best and worst U. S. presidents? To Learning Objectives

Table 8. 5: What can we learn from presidential personalities? Back To Learning Objectives