CONGRESS AND THE PRESIDENT

Chapter 13 AP Government: Mrs. Papish

Separate but Equal Branches Congress-originally to be the

powerhouse of government Power of purse, commerce, currency,

military and still play a role in military and foreign policy(Declare War, Approve Treaties)~Implied powers

Other Powers of President

President Carter (1977) unconditional pardon to draft dodgers.

Judicial Powers of President —Article II, Section 2, Clause 1 A reprieve is the postponement of the execution

of a sentence. A pardon is legal forgiveness for a crime. These powers of clemency (mercy or leniency)

may be used only in cases of federal crimes.

Commutation: reduction of sentence

Amnesty-pardon for an entire group of offenders

Over time, Presidents power increases first with Jefferson’s use of the new political party apparatus to influence Congress

Andrew Jackson used public opinion to gain influence with Congress

Lincoln and FDR use national crises to gain influence over Congress.

Congressionally centered gov slowly evolves, by mid 1900’s , into a presidential centered gov

Role of Congress: Mid 1900’s to Present

Reject Reagan’s request for $$-aid to Contras Rejects President’s nominees Even Presidential veto is not a guarantee of influence

over Congress Fewer than ½ of all Presidential initiatives become law In spite of this, Congress and the President, especially

in era of divided government, cooperate.

Sources of Discord

1. Constitution is ambiguous on division 2. Divided Government 3. Public Support 4. Operating Majorities

Power is divided between the branches and then again within the two chambers of Congress

Power is further divided by different parties

Constitution is Ambiguous

Many argue president’s power is ambiguous and limits are only those specific in the Constitution

Other scholars argue the President does not have inherent powers and does not have intended powers(sim. to implied powers but without Constitutional basis)

Nonetheless, the Pres does exercise powers not expressly granted

Competing Constituencies

Constituency for House-members of district

Constituency for Senate-entire state HR & Senate-specific, diverse ethnic as

well as economic interest Constituency for President-all U.S.

citizens

Why does this cause competition or friction?

Competing Calendars

Constitution insures that the Pres and Congress will not share the same terms of office

Different electoral forces at work at different times.

Competing Campaigns

Congress –finance campaign with less/min. assistance from their national party, indep of national platform/party

Campaign-in most cases indep of President

Divided Government

Only JFK, Lyndon Johnson and Carter had unified government but still had trouble winning prized legislation

Need unity for common policy, success and effectiveness of government

Public Support

President held in higher esteem in recent years-Pres. Approval rate is always higher

When President is in decline in polls or for other reasons(Watergate) then the public turns to Congress for leadership

Operating Majorities

Supermajorities needed because Congress/Pres not always supportive of what most Americans want

Filibuster in Senate, Pres veto and Senate treaty approval make super majorities necessary-2/3 majority

The Shifting of Power Between Branches

War Power Appointment Power Executive Privilege Executive Order The Veto Power Budget and Spending Power

War Power

Article I-Congress to declare war Article II-Pres power to wage war as

commander-in-chief

War Power

War power of Pres-founders specific in not wanting any chance of abuse of this power

Undeclared War-Korea, Vietnam, Grenada, Panama, the Persian Gulf, Kosovo, Afghanistan

Argument that Pres is best suited to dealing quickly and discreetly with national emergencies

War Power and Congress

War Powers Resolution: Pres can commit troops only1. Declaration of war by Congress2. Specific statutory authorization3. In a national emergency created by an

attack on the United States or its armed forces

a. report to Congress w/in 48 hoursb. if no declaration of war/or joint resolution in support of Pres. Action troops must return w/in 60 days

Significance of WPR

Congress reasserting itself after decades of Pres expansion of power in this area

Those who believe Pres power should be limited--Argued as giving away power to President

Those who feel Pres should have more military power--Argued as being unconstitutional

Appointment and Confirmation

Senate only rejected 9 cabinet members and 28 of 145 nominees for Supreme Court

Increasingly a political, partisan process

Detailed background checks, FBI investigations, paperwork for Senate and Office of Government in Ethics—lengthy, tedious procedure

Robert BorkNominated to Supreme Court by Reagan, rejected by Senate

U.S. v Nixon

Executive Privilege

The right to keep executive communications confidential, especially if they relate to national security

Precedent set by George Washington, withheld sensitive documents from Congress info on Indian massacre

No Constitutional basis Court said exec priv ok but subject to review

by Congress and courts

Executive Orders

Can be challenged in courts, overturned by subsequent presidents

Accepted, according to Sup Ct unless in conflict w/existing law or Constitution

Office of Homeland Security created by Bush with exec. order

The Veto Power

Fewer than 10% of all regular vetoes have been overridden

2/3 in both houses makes this power a vital bargaining chip for the president in the legislative process

Budget and Spending Powers

Constitution gives Congress appropriation of money

President given charge to implement and administer spending

Budget and Accounting Act (1921)gives Pres mandate to submit a budget-OMB

Impoundment

-change purpose of a spending bill-intended to accommodate emergency spending in emergency such as war

Nixon-claims Dems in Congress spending too much so impounds $

1974-Cong. Budget and Impoundment Act-sets up Congressional Budget Office, now Pres. Must submit for approval any changes in Congress’s spending measures

Building Coalitions

Pres must win support of public opinion to win over Congress

1. Congress is responsive to pub opinion 2. Pub support is crucial to Pres success 3. Pres must ear pub support of

performance but must also take their case to the people. Must do this frequently.

4. Permanent campaign-White House can persuade and mobilize the public-gain upper hand

Examples

State of the Union and other addresses

News conferences Meeting with reporters Reach out to other party members

by supporting their programs in exchange for help

Capitol Hill- pres has congressional aides that campaign for support in Congress

Line Item Veto 1996

Congress votes to allow a President(Clinton) to veto select lines or items of spending on legislation but not the entire bill before signing it.

NY v. Clinton-Supreme Court strikes down as unconstitutional-only formal amendment can change the constitutional law making provision

The President’s Agenda

KEY: Power to persuade differentiates job of president from that of glorified clerk

Presidential Resources for making and influencing policy Political resources-mandate Personal resources Policy making cycle

Political Resources

Pres with: 1. large electoral margin; 2. high approval ratings; and or 3. party majority in Congress;

This is called a mandate -or a perceived level of support for President’s policy initiatives

Policy-Making Cycles

*Depends on shifts in Congress, approval ratings, political resources erode as time goes on

Lobbying tools 1. Leadership meetings 2. Bill signing ceremonies 3. Patronage 4. Campaign aid 5. Constituency favors