THE PRESIDENCY۩ Article II, Section 1, of the Constitution sets forth the

qualifications to be president. ۩ Must be 35, a natural-born citizen, and 14 year residency.

States in the Nation

2008 Presidential Election

The White House

www.whitehousemuseum.org

The Expanding Presidency Presidential responsibilities, burdens,

power, and impact have increased dramatically since the nation’s founding.

The Founders’ conception of the office of President was much more limited than what we see in the modern Presidency.

The vague language of the Constitution has been flexible enough to include the great expansion of the Presidency that has occurred.

The Dormant Presidency

Until the end of the 19th century, the Presidency conformed basically to the designs and intentions of the Founders.

The nation did not often require a very strong Presidency prior to the 20th century.

Structural changes since the end of the nineteenth century: America becomes a world power with a corporate-dominated economy

Important early Presidents Washington Jefferson Jackson Polk Lincoln

Twentieth-Century Transformation In the 20th century, new structural conditions made

an expanded Presidency both possible and necessary. Theodore Roosevelt Woodrow Wilson Franklin Roosevelt

World War II Since FDR’s time, all U.S. Presidents have administered

a huge national state with large standing armed forces, nuclear weapons, and bases all around the world.

Harry Truman John F. Kennedy Ronald Reagan

The Many Roles of the President

The many “hats” that presidents wear simultaneously Chief of State Chief Executive

The Powers of Appointment and Removal The Power to Grant Reprieves and Pardons

Commander in Chief Wartime Powers War Powers Resolution

Joint Chief Legislator Getting Legislation Passed Saying No to Legislation The Line-Item Veto Congress’ Power to Override Presidential Vetoes

The Many Roles of the President

More “hats” that presidents wear simultaneously Manager of the Economy Chief Diplomat

Diplomatic Recognition Proposal and Ratification of Treaties Executive Agreements

Head of the Political Party Other Presidential Powers

Powers that Congress has bestowed on the president by statute (statutory powers) and those that are considered inherent powers.

Each of the Presidential functions or “hats” is demanding; together, they are overwhelming.

The President’s Staff and Cabinet White House staff

Key aides who are the President’s closest and most trusted advisors Chief of Staff National Security Adviser

The exact shape of the White House staff changes from one Presidency to another and is used by different presidents in various ways.

Typically the White House staff has more influence over the president than the Cabinet.

Executive Office of the President (EOP) —a group of permanent Presidential staff organizations that perform specialized functions Office of Management and Budget Council of Economic Advisers National Security Council

Vice-Presidency

Originally, the vice-president was the runner-up in the electoral college vote

The 12th Amendment (1804) encouraged two candidates to run together as a presidential ticket

No constitutional powers or duties except to serve as President of the Senate, a ceremonial function of no real power

Beginning in the 1950s, the role of vice president became more important

Presidential succession

The Cabinet —not mentioned in the Constitution, but all Presidents have had one; the cabinet is a highly visible symbol of the executive branch, but Presidents have usually not relied upon it as a decision-making body.

A new administration taking shape

The President and the Bureaucracy

Presidents have significant controls with regard to the bureaucracy, but the President’s ability to give orders and to gain bureaucratic acquiescence is limited.

Many people erroneously assume that the President has firm control over the executive branch of government.

To a large extent, Presidents must persuade other executive branch officials to take certain actions.

“Presidential power is the power to persuade.”

Going Public By the beginning of the twentieth century, the

presidency had undergone a basic transformation: presidents began to speak directly to the public.

Woodrow Wilson created a new constitutional theory advocating close connections between the president and the public.

All presidents now attempt to respond to public opinion, and all try to speak directly to the people about policy.

Contemporary presidents frequently go public by using television to bypass Congress and the press.

Using the Media

Modern Presidents have used television to enhance their power to shape public opinion.

Leading public opinion Responding to the public Quiet influence Listening to the public

The President and the People: An Evolving Relationship Early Presidents: seen as an elite leader,

relatively distant from the public Quickly evolved into a more democratic

system, in which the people played a more direct role.

By 1880, the two-party system had begun to develop.

Early in the 19th century, state legislatures began to turn the power to choose Presidential electors over to the people through direct election.

The base of suffrage broadened.

How Democratic Is the Presidency? Determining how democratic the

Presidency is becomes an extremely difficult task.

However, the office is considerably more democratic than envisioned by the authors of the Constitution.

The Powers of the PresidencyDivided PowersPresidential Powers

•Commander in Chief of the armed forces, but Congress is charged with declaring wars

“Presidential prerogative” versus War Powers Act

•Diplomat in Chief Appoint & Receive ambassadors Negotiate Treaties Executive Agreements Fast-track trade authority Meet with foreign leaders to forge

ties and make formal alliances

The Powers of the Presidency•Administrator in Chief•Additional Executive Powers

Appointment Veto and pocket veto Pardon “Take care” power

Article II, Sec. 3: Presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws

Sometimes used by presidents to claim inherent powers (powers that grow out of the very existence of government)

Inform and convene Congress State of the Union address

The War PowerPresidents have defended their power to engage American

military troopsIn 1973, Congress enacted the War Powers Act in order to

limit the ability of the president to commit the armed forces of the United States; however, presidents have generally ignored it

In Korea, Vietnam, Grenada, Panama, Iraq (twice), Kosovo, and Afghanistan, the president did

not ask Congress for a formal declaration of war

Executive Orders Formal directives that are just as strong as laws and can be

challenged in the courts Used frequently throughout American history

Executive OrdersPresidents have issued nearly 14,000 executive orders since Washington. The average number of the executive orders has declined over the past six decades because presidents are using other tools.

Executive PrivilegeThe courts have recognized that presidents have the power

to keep secrets; however, some experts argue that executive privilege has no constitutional basis

Richard Nixon and George W. Bush created controversy by invoking executive privilege

Boxes of newly released files from Richard M. Nixon's presidential

papers

United States v. Nixon - limited executive privilege

Clinton’s Attempted Use of Executive Privilege

The Structure of the PresidencyPresidential Succession:•Twentieth Amendment•Twenty-second Amendment•Twenty-fifth Amendment

* Impeachment • Andrew Johnson and Bill Clinton: Charged by House, acquitted by Senate

* Resignation • Richard Nixon: Resigned while House was drafting charges

* Reelection defeat* Retirement * Death

Abuses of Executive Power and Impeachment

Click the icon to open the movie

Roles Assumed by the PresidentPresidents as Crisis Managers

• Emergency Powers• Executive Orders

Presidents as Morale BuildersPresidents as RecruitersPresidents as Priority and Agenda Setters

• National Security Policy• Economic Policy• Domestic Policy

Roles Assumed by the President (continue)

Presidents as Legislative and Political Coalition Builders

Presidents and the Public

Presidents as Party Leaders

Holding Presidents Accountable

Reelection and Legacy

Congress and the President

The Supreme Court and the President

The Media and the President

Public Opinion and Presidential Accountability

Judging Presidential Greatness

Presidential Greatness ۩ So many opinions.

۩ Your educated opinion counts too.

Presidential Mandates

A president’s claim of broad public support for the president or a policy issue

Depends in part on public approval, which generally falls over time

Presidents also benefit from rally points, spikes in public approval following a crisis

The Role of Presidential Popularity The public’s influence works through

Presidential popularity or unpopularity. Presidents have strong incentives to anticipate

public reactions and to do things that will please the public.

Determinants of Presidential popularity Time The economy War

• History tends to judge wars as the most significant test of a president’s leadership.

• Presidents also are judged by their ability to promote a distinctive vision of where the nation should go.

• Corruption and inability to deal with economic problems are sure paths to failure.

What makes a President successful with Congress?

Barack Obama, Democrat

DemocratsS – D, H - D

20082010

Party and ideology Foreign policy and

national security issues

Presidential vetoes

Presidential popularity

Legislative skills

Presidential Popularity

The President& Congress: Perpetual Tug-of-War

Conflict by constitutional design Separate elections Competing

constituencies Competing calendars Competing campaigns Shared powers Potential for divided

government and “gridlock”

Presidential Vetoes