CHAPTER 12THE PRESIDENCY

THEME A ‑ The Power of the President vs Other InstitutionsPresidents and Prime Minister The Powers of the PresidentSee Qualifications and Benefits of the Presidency

Presidents and prime ministersPresidents and prime ministers

– Characteristics of parliaments Characteristics of parliaments Parliamentary system twice as Parliamentary system twice as common common Chief executive chosen by Chief executive chosen by legislature legislature Cabinet ministers chosen from Cabinet ministers chosen from among members of parliament among members of parliament Prime minister remains in power as Prime minister remains in power as long as his or her party or coalition long as his or her party or coalition maintains a majority in the maintains a majority in the legislaturelegislature

Presidents and prime ministersPresidents and prime ministers

– Differences Differences Presidents are often outsiders; prime ministers are Presidents are often outsiders; prime ministers are always insiders, chosen by party members in always insiders, chosen by party members in parliament parliament Presidents choose their cabinet from outside Presidents choose their cabinet from outside Congress; prime ministers choose members of Congress; prime ministers choose members of parliament parliament Presidents have no guaranteed majority in the Presidents have no guaranteed majority in the legislature; prime ministers always have a majority. legislature; prime ministers always have a majority. The United States usually has a divided government. The United States usually has a divided government. Presidents and the legislature often work at cross-Presidents and the legislature often work at cross-purposes purposes

– Even when one party controls both branches Even when one party controls both branches – A consequence of separation of powers A consequence of separation of powers – Only Roosevelt and Johnson had much luck with Only Roosevelt and Johnson had much luck with

CongressCongress

The powers of the presidentThe powers of the president

– Formal powers found in Article II Formal powers found in Article II Not a large number of explicit powers Not a large number of explicit powers Potential for power found in ambiguous Potential for power found in ambiguous clauses of the Constitution, such as power clauses of the Constitution, such as power as commander in chief and duty to "take as commander in chief and duty to "take care that laws be faithfully executed"care that laws be faithfully executed"

– Greatest source of power lies in Greatest source of power lies in politics and public opinion politics and public opinion

Increase in broad statutory authority Increase in broad statutory authority Expectation of presidential leadership Expectation of presidential leadership from the publicfrom the public

THEME B ‑ The Institutionalization of the

Presidency

The Evolution of the PresidencyConcerns of the Founders

The evolution of the presidencyThe evolution of the presidency

– Delegates feared both anarchy and Delegates feared both anarchy and monarchy monarchy

Idea of a plural executive Idea of a plural executive Idea of an executive checked by a councilIdea of an executive checked by a council

– Concerns of the Founders Concerns of the Founders Fear of military power of president who Fear of military power of president who could overpower states could overpower states Fear of presidential corruption of Senate Fear of presidential corruption of Senate Fear of presidential bribery to ensure Fear of presidential bribery to ensure reelectionreelection

The Evolution of the PresidencyThe Evolution of the Presidency– The president's term of office The president's term of office

Precedent of George Washington and two terms Precedent of George Washington and two terms

Twenty-second Amendment in 1951 limits to two Twenty-second Amendment in 1951 limits to two terms terms

Problem of establishing the legitimacy of the office Problem of establishing the legitimacy of the office

Provision for orderly transfer of powerProvision for orderly transfer of power

– The first presidents The first presidents Prominent men helped provide legitimacy Prominent men helped provide legitimacy

Minimal activism of early government contributed Minimal activism of early government contributed to lessening fear of the presidency to lessening fear of the presidency

Relations with Congress were reserved; few vetoes, Relations with Congress were reserved; few vetoes, no adviceno advice

Evolution of the PresidencyEvolution of the Presidency

– The Jacksonians The Jacksonians Jackson sought to Jackson sought to maximize powers of maximize powers of presidency presidency

Vigorous use of veto for Vigorous use of veto for policy reasons policy reasons

Challenged CongressChallenged Congress

The Evolution of the PresidencyThe Evolution of the PresidencyThe reemergence of Congress The reemergence of Congress

With brief exceptions the next hundred years was a With brief exceptions the next hundred years was a period of congressional ascendancy period of congressional ascendancy Only Lincoln expanded presidential power Only Lincoln expanded presidential power – Asserted "implied powers" and power of commander Asserted "implied powers" and power of commander

in chief in chief – Justified by emergency conditionsJustified by emergency conditions

President mostly a negative force to Congress until President mostly a negative force to Congress until the New Deal the New Deal Since the 1930s power has been institutionalized in Since the 1930s power has been institutionalized in the presidency the presidency Popular conception of the president as the center of Popular conception of the president as the center of government contradicts reality; Congress often government contradicts reality; Congress often policy leaderpolicy leader

The office of the presidentThe office of the president

– The White House Office The White House Office Contains the president's closest assistants Contains the president's closest assistants Three types of organization Three types of organization

– Circular Circular – Pyramid Pyramid – Ad hocAd hoc

Staff typically worked on the campaign: a Staff typically worked on the campaign: a few are experts few are experts Relative influence of staff depends on how Relative influence of staff depends on how close one's office is to the president'sclose one's office is to the president's

The Executive Office of the The Executive Office of the PresidentPresident

Composed of agencies that report Composed of agencies that report directly to the president directly to the president Appointments must receive Senate Appointments must receive Senate confirmation confirmation Office of Management and Budget Office of Management and Budget most important most important – Assembles the budget Assembles the budget – Develops reorganization plans Develops reorganization plans – Reviews legislative proposals of Reviews legislative proposals of

agenciesagencies

THE OFFICE OF PRESIDENT

The White House Office- Executive Office of the President

1. Office of Management and Budget (OMB)2. Central Intelligence Agency (CIA)3. Council of Economic Advisors (CEA)4. Office of Personnel Management (OPM)5. Office of the U.S. Trade Representative

The cabinetThe cabinet

Largely a fiction, not mentioned Largely a fiction, not mentioned in Constitution in Constitution President appoints or controls President appoints or controls more members of cabinet than more members of cabinet than does prime minister does prime minister Secretaries become Secretaries become preoccupied and defensive preoccupied and defensive about their own departmentsabout their own departments

Independent agencies, Independent agencies, commissions, and judgeships commissions, and judgeships

President appoints members of President appoints members of agencies that have a quasi-agencies that have a quasi-independent status independent status

Agency heads serve a fixed term and Agency heads serve a fixed term and can be removed only "for cause" can be removed only "for cause"

Judges can be removed only by Judges can be removed only by impeachmentimpeachment

THEME C ‑ How the President is SelectedThe Electoral College

House has chosen two Presidents ‑ Jefferson in 1800 and John Quincy Adams in 1824( Jackson had more votes)

The evolution of the presidencyThe evolution of the presidency

– The electoral college The electoral college Each state to choose own Each state to choose own method for selecting electors method for selecting electors

Electors to meet in own capital Electors to meet in own capital to vote for president and vice to vote for president and vice president president

If no majority, House would If no majority, House would decidedecide

The Vice PresidentThe Vice President

May succeed on death of president May succeed on death of president – Has happened eight times Has happened eight times – John Tyler defined status of ascending vice John Tyler defined status of ascending vice

president: president in title and in powerspresident: president in title and in powers

Rarely are vice presidents elected Rarely are vice presidents elected president president – Unless they first took over for a president who Unless they first took over for a president who

died died – Only five instances otherwise: Adams, Jefferson, Only five instances otherwise: Adams, Jefferson,

Van Buren, Nixon, and BushVan Buren, Nixon, and Bush

"A rather empty job" "A rather empty job" – Candidates still pursue it Candidates still pursue it – Preside over Senate and vote in case of a tie Preside over Senate and vote in case of a tie

THEME D ‑ Presidential Power

1. The Veto (2/3 vote required for override2. Executive Privilege. 3. Impoundment

The power to persuadeThe power to persuade

– Formal opportunities for persuasion Formal opportunities for persuasion – The three audiences The three audiences

Other politicians and leaders in Washington, D.C.; Other politicians and leaders in Washington, D.C.; reputation very important reputation very important Party activists and officials inside Washington Party activists and officials inside Washington The various publicsThe various publics

– Popularity and influence Popularity and influence Presidents try to transform popularity into support in Presidents try to transform popularity into support in Congress Congress Little effect of presidential coattails Little effect of presidential coattails Members of Congress believe it is politically risky to Members of Congress believe it is politically risky to challenge a popular president challenge a popular president Popularity is unpredictable and influenced by factors Popularity is unpredictable and influenced by factors beyond the president's control.beyond the president's control.

The power to say no The power to say no

– Veto Veto Veto message Veto message

Pocket veto (only before end of Congress) Pocket veto (only before end of Congress)

Congress rarely overrides vetoesCongress rarely overrides vetoes

– Executive privilege Executive privilege Confidential communications between Confidential communications between president and advisers president and advisers

Justification Justification – Separation of powers Separation of powers – Need for candid adviceNeed for candid advice

U.S. v.Nixon U.S. v.Nixon (1973) rejects claim of (1973) rejects claim of absolute executive privilegeabsolute executive privilege

Impoundment of fundsImpoundment of funds

Defined: presidential refusal to Defined: presidential refusal to spend funds appropriated by spend funds appropriated by Congress Congress

Countered by Budget Reform Act of Countered by Budget Reform Act of 1974 1974 – Requires president to notify Congress of Requires president to notify Congress of

funds he does not intend to spend funds he does not intend to spend – Congress must agree in forty-five daysCongress must agree in forty-five days

Attempts to reorganize the executive branchAttempts to reorganize the executive branch

An item on presidential agendas since the An item on presidential agendas since the administration of Herbert Hoover administration of Herbert Hoover

Bush and the Department of Homeland Defense Bush and the Department of Homeland Defense – White House Office of Homeland Security created in White House Office of Homeland Security created in

aftermath of terrorist attack of September 11 aftermath of terrorist attack of September 11

Small staff Small staff

Little budgetary authority Little budgetary authority

No ability to enforce decisionsNo ability to enforce decisions– Bush's call for a reorganization Bush's call for a reorganization

Creation of third largest cabinet department Creation of third largest cabinet department encompassing twenty-two federal agencies encompassing twenty-two federal agencies

170,000 employees and an annual budget of almost 170,000 employees and an annual budget of almost $40 million$40 million

Problems of successionProblems of succession

What if the president falls ill?What if the president falls ill?If vice president steps up, who becomes vice If vice president steps up, who becomes vice president? president? – Succession Act (1886): designated secretary of state Succession Act (1886): designated secretary of state

as next in line as next in line – Amended in 1947 to designate Speaker of the HouseAmended in 1947 to designate Speaker of the House

Twenty-fifth Amendment resolved both issues Twenty-fifth Amendment resolved both issues – Allows vice president to serve as "acting president" if Allows vice president to serve as "acting president" if

president is disabled; decided by president, by vice president is disabled; decided by president, by vice president and cabinet, or by two-thirds vote of president and cabinet, or by two-thirds vote of Congress Congress

– Requires vice president who ascends to office on Requires vice president who ascends to office on death or resignation of the president to name a vice death or resignation of the president to name a vice president - Must be confirmed by both houses president - Must be confirmed by both houses

Impeachment Impeachment

Judges most frequent Judges most frequent targets of impeachment targets of impeachment

Indictment by the House, Indictment by the House, conviction by the Senateconviction by the Senate

THEME E ‑ Presidential CharacterEisenhower ‑ orderly, careful and complete staff workKennedy ‑ improvisorJohnson ‑ deal maker, persuasion in "face to face" encounters

THEME E ‑ Presidential Character

Nixon ‑ Mistrustful, open attacks on the pressFord ‑ genialCarter ‑ outsider ‑ close addition to detail.

THEME E ‑ Presidential Character

Reagan ‑ communicator, wide latitude to subordinates

Bush - hands-on managerClinton - focus on detail, compromiser.Bush: a different kind of outsider

For more information about this topic, link to the Metropolitan Community College Political Science Web Site

http://socsci.mccneb.edu/pos/polscmain.htm

http://www.whitehouse.gov/

Self - Test