UNIT 9

THE PRESIDENCY

I. ORIGINAL INTENT

A. Founders wanted to create an executive branch with strong, but with strong, but LIMITED, powers LIMITED, powers to support itself against the legislature, but also to prevent the rise of a powerful central figure.

a. First 3 presidents shaped it into an influential position.

Original Intent (cont’d)

B. President was to be the Chief Executive and thereby the chief law enforcer. He was also considered to be the head-of-state.

Original Intent (Cont’d)

C. Executive powers mostly found in Article II.

- Few presidential powers to avoid potential tyranny.

- Powers are broad, but were designed to have “flexibility” in application.

- Cooperation with Congress would be necessary to make policy.

D. Formal Powers

1. Appointment powers, but checked by the need for 2/3 Senate confirmation (“advice & consent”)

2. Diplomatic powers a. Head of State

Recognizes foreign gov’s, and their ambassadors. A sole power of the Executive

b. Treaty-making, but requires 2/3 of Senate to confirm them.

EXECUTIVE AGREEMENTS• Pacts between the President and other heads of

state that are NOT treaties.

- Often sensitive and secret

- No ratification by Senate required.

- Not binding on future presidents (can cancel them at any time)

Examples: FDR’s “Lend-Lease”; Bush basing troops in countries to fight drug lords & terrorists;

Formal Powers (cont’d)

3. Commander-in-Chief

- Head of all U.S. armed forces.

- Executes war, but only with a declaration of war from Congress.

- Can use armed forces without congressional consent in limited ways.

Formal Powers (cont’d)

4. Veto power. Override by Congress is a check on him.

5. Chief Executive powers a. Grant pardons/reprieves for federal offenses with one exception: ____________

b. Sign bills into law and enforce them (the federal bureaucracy was created to assist in the latter).

c. Can call Congress into session.

E. Requirements to be President:

Be at least 35 years old Natural-born U.S. citizen

(by soil or blood) Lived at least 14 years

within the U.S. (don’t have to be consecutive, but at least two of those years after the age of 14)

F. TERM LIMITS

• Per the 22nd Amendment: two, 4-year elected terms (do not have to be consecutive)

• A vice president who has less than 2 years remaining in the previous president’s term may run for two terms of his own, but can serve no more than 1010 years total years total!

II. President v. Prime Minister

A. Is the President of the U.S. politically the same as a Prime Minister of a democratic country?

B. How do the two positions compare?B. How do the two positions compare?

PRIPRIME ME MINMINISTISTERER PREPRESIDSIDENTENT

Is a member of the Is a member of the legislaturelegislature

Cannot be a member of Cannot be a member of the legislaturethe legislature

Elected by legislature’s Elected by legislature’s majority partymajority party

Elected by the Electoral Elected by the Electoral College College

Has combined legislative Has combined legislative and executive functions and executive functions combined.combined.

Has separation of Has separation of powers between powers between legislative & executive legislative & executive branchesbranches

Comparisons (Cont’d)Comparisons (Cont’d)

Directly introduces policy Directly introduces policy within legislaturewithin legislature

Can’t introduce policy Can’t introduce policy directly within legislaturedirectly within legislature

Completely controls the Completely controls the legislative agendalegislative agenda

Legislative agenda is Legislative agenda is decided by Congressdecided by Congress

Cabinet is composed of Cabinet is composed of members of the members of the legislaturelegislature

Cabinet is appointed by Cabinet is appointed by president, but cannot president, but cannot have serving members of have serving members of Congress in itCongress in it

His party’s policies His party’s policies mostly guaranteed to mostly guaranteed to pass due to block-voting pass due to block-voting by partyby party

No guarantee President’s No guarantee President’s policy will pass even if policy will pass even if his party controls his party controls CongressCongress

III. INFORMAL POWERS

• Party leader - Head of his political party; sets party

agenda and is keeper of party ideology.

• Morale builder - People turn to the President for unity,

assurance, sense of purpose and healing; rally to him in time of crisis (e.g. 9/11)

- Presidents must build on public trust and opinion

- He represents our common heritage

Informal Powers (cont’d)

• Coalition builder for bipartisan solutions - Failure to do so (especially with divided

government) may doom his presidency • Leader of the Free World - Expand democracy - Resolve world conflicts, punish oppressors - Exert moral authority

Informal Powers (cont’d)

- Communicator of ideas through power of persuasion and moral purpose

* Agenda setting (e.g. New Deal) * Use of the “bully pulpit”

(e.g. State of the Union Address * diversity in appointments * discourage partisanship * energize citizen efficacy

IV. PRESIDENTIAL CHARACTER

A. Leadership from the front by• Cooperation and compromise

with Congress; avoid “gridlock”

• Solve economic problems using reasonable solutions

• Keep the peace, but use military force to protect and defend us

B. Demeanor

• Exemplify good character and morality (no Clintons or Nixons).

• Exercise good judgment in policies and decisions.

- Be tough but fair, decisive not waffling.

- Be accountable for his actions and their results.

• Follow the Constitution!Follow the Constitution!

C. Presidential Popularity1. Character and policy can

become blurred over time.2. “It’s the economy, stupid!”

The economy has been the biggest overall factor in presidential approval ratings over last 40 years.

3. Foreign policy or military successes can’t guarantee reelection. (e.g. Bush ’92)

4. “Court of Public Opinion” can be brutal at times; just look at polls on Obama’s approval ratings.

V. Checking Presidential PowerA. Congress can: 1. Override vetoes with 2/3 vote of both houses

2. Senate can reject his appointments and treaties (XL Pipeline Treaty)

3. Use budgetary controls to weaken or deny the president his agenda

4. Diminish commander-in-chief role by reducing defense funding, resizing the military, using War Powers Act

5. Use or threaten impeachment (Watergate; Lewinski scandal; Iraq War abuses)

Checking the President (Cont’d)Checking the President (Cont’d)

B. President is also checked by B. President is also checked by divided gov’tdivided gov’t:: - President must deal with a Congress not - President must deal with a Congress not

fully supportive of his agenda.fully supportive of his agenda. (e.g. Cap and Trade (2009); Affordable (e.g. Cap and Trade (2009); Affordable

Health Care Act (2010) )Health Care Act (2010) ) - More potential for a veto override exists if - More potential for a veto override exists if

the majority party has a large majority in both the majority party has a large majority in both houses.houses.

C. Also checked by Supreme Court on his C. Also checked by Supreme Court on his actions.actions.

VI. PRESIDENTIAL APPOINTMENTS

A. How does the president choose those he wants to appoint to government jobs?

- Inclusiveness (minorities, women, etc.)

- Ideological compatibility

- Ability and experience

- Patronage (spoils system)

- Coalition building with interest groups & opposition

B. Supreme Court Nominations

Supreme Court appointments are the most controversial of all appointments because of political fights over the nominees’ perceived ideological leanings and the length of time those justices could sit on the court applying those beliefs.

Supreme Court Nominations (cont’d)

Wedge issues can be used by ideological opponents to block judicial appointments

(e.g. their Constitutional interpretations, previous bench decisions, or personal statements and behavior) Judge Kagan at her Supreme Court

appointment hearing.

Supreme Court Nominations (cont)

- Extremism in judicial choices can lead to Congressional opposition to those type of appointments. Opposition is often centered on constitutional “hot button” issues” like:

Abortion, affirmative action, gay rights, capital punishment, eminent domain, gun control, etc.

C. Judiciary appointees

• Hold similar ideologies /party membership to the President

• Can help create a legacy for him (e.g. first to nominate a woman to Supreme Court)

• Communicate presidential priorities in social agendas or constitutional interpretation of them

VII. Chief Administrator Role

A. The Cabinet is the President’s main means of formulating and carrying out the President’s policies.

- It is not mentioned in the Constitution, but exists through Congressional acceptance & presidential needs.

Cabinet Organization

- Composed of 15 executive departments each headed by a Secretary (one by the Attorney General). They advise the president on foreign, domestic, military, legal, and economic policies

- All 15 are appointed for their experience, acceptability to Congress, or loyalty (patronage).

- Cabinet members can be fired at any time without Congress’ concurrence.

The “Inner Cabinet”

These are the most important cabinet officers. The President meets with these four often, but the other 11 not so much.

- Secretary of Defense - Secretary of State - Secretary of Treasury

- Attorney General

B. WHITE HOUSE OFFICE

- The “nerve center” of the White House.

- Composed of POTUS’s most trusted aides appointed by him and not subject to Senate approval.

- They report directly to him and direct his political affairs, formulate policy and agenda, and speak on his behalf.

C. Executive Office of the President

About 1700 employees who indirectly work for, or report directly to, the President in four policy areas: budget, domestic, foreign and intelligence affairs.

All top advisory positions are Senate confirmed.

The E.O.P. includes these major advisors and organizations:

- Director of National Intelligence (oversees all intelligence agencies)

- National Security Advisor & the National Security Council

- Domestic Policy Advisor & the Domestic Policy Council

- National Economic Council- United States Trade Representative

and the largest EOP organization of all...

Office of Office of Management Management and Budget (OMB) and Budget (OMB)

President uses the budget President uses the budget to advance his political to advance his political agenda, control the agenda, control the bureaucracy, influence bureaucracy, influence Congress to give him the Congress to give him the funds he wants.funds he wants.

OMB is partisan in that it: OMB is partisan in that it:

- writes the President’s - writes the President’s annual budget and works annual budget and works with Congress to fund with Congress to fund presidential prioritiespresidential priorities

- Makes economic policy - Makes economic policy recommendationsrecommendations

- Analyses economic - Analyses economic data; makes predictions data; makes predictions based on estimates of based on estimates of incoming revenues and incoming revenues and outgoing spending outgoing spending

D. D. POLICY CZARSPOLICY CZARS

Presidentially appointed, but Presidentially appointed, but not Senate confirmed, “experts” not Senate confirmed, “experts” who formulate and execute who formulate and execute particular strategies for a key particular strategies for a key area of the government or area of the government or specific economic concern. specific economic concern. Examples:Examples:

- Auto czar, drug czar, banking - Auto czar, drug czar, banking czar, health czar, energy czar, czar, health czar, energy czar, compensation czar, nuke czar compensation czar, nuke czar

- Positions have expanded from - Positions have expanded from Bush Jr’s 8 to Obama’s 34.Bush Jr’s 8 to Obama’s 34.

VIII. VIII. Office of the Vice Office of the Vice PresidentPresident

Does anyone really care about Does anyone really care about this guy?this guy?

“I do not choose to be buried

until I am already dead.” - Daniel Webster

A. Vice President and President run as a team A. Vice President and President run as a team on the same ballot. This was changed by the on the same ballot. This was changed by the ____ Amendment. ____ Amendment.

B. The V.P.’s 4 constitutional roles:B. The V.P.’s 4 constitutional roles: - Assume the presidency (9 times to date)- Assume the presidency (9 times to date) - Act as President of the Senate- Act as President of the Senate - Break tie votes in the Senate - Break tie votes in the Senate - Certify the electoral vote- Certify the electoral voteC. Other duties: Head policy development C. Other duties: Head policy development

boards and projects, represent U.S. on state boards and projects, represent U.S. on state affairs, other duties as per his expertise and affairs, other duties as per his expertise and relationship with POTUS. relationship with POTUS.

D. D. PRESIDENTIAL SUCCESSIONPRESIDENTIAL SUCCESSION

Presidential Succession Law

1st: Speaker of the House

2nd: President Pro Tempore

3rd: Secretary of State

4th: Secretary of Treasury

5th: Secretary of Defense

… and continued on from there by Cabinet seniority

E. Presidential Disability & RemovalE. Presidential Disability & Removal

Per the Per the 2525thth Amendment Amendment, the , the V.P. must notify Congress in V.P. must notify Congress in writingwriting that the President is that the President is incapacitated as to not being incapacitated as to not being able to carry out his duties able to carry out his duties and must be replaced. and must be replaced. A A majority of the Cabinetmajority of the Cabinet must must concur with the VP. If the concur with the VP. If the President does not concur, President does not concur, Congress decidesCongress decides. .

The President may volunteer The President may volunteer to temporarily relinquish his to temporarily relinquish his powers by powers by notifying leaders of notifying leaders of both houses of Congress both houses of Congress that that he’s making the VP he’s making the VP Acting Acting PresidentPresident.. He must state He must state when he expects to resume when he expects to resume his duties.his duties.

F. Vice Presidential SuccessionF. Vice Presidential Succession

The V.P. must be replaced The V.P. must be replaced upon his death, resignation, upon his death, resignation, or removal (impeachment).or removal (impeachment). - President must - President must nominate a candidate and nominate a candidate and have him confirmed by a have him confirmed by a majority vote of each house majority vote of each house of Congress.of Congress. - The new V.P. can serve - The new V.P. can serve only only until the end of the until the end of the original V.P.’s termoriginal V.P.’s term and then and then must get reelected to retain must get reelected to retain the office.the office.

X

X. IMPEACHMENTX. IMPEACHMENT Carried out per Article Carried out per Article IIII, of the Constitution., of the Constitution. - Two impeachments to date (A. Johnson-1868; - Two impeachments to date (A. Johnson-1868;

B.Clinton-1998); neither was convictedB.Clinton-1998); neither was convicted *You should already know the reasons why!*You should already know the reasons why! - One “almost” impeachment (Nixon-1974)- One “almost” impeachment (Nixon-1974) Impeachable offenses are: Impeachable offenses are: - Treason- Treason - Bribery - Bribery - High crimes (felonies) & misdemeanors- High crimes (felonies) & misdemeanors

Impeachment results from…

Malfeasance is an impeachable act.

- “To knowingly commit a wrongful act as an elected or appointed official.”

Ex: Taking a bribe; committing perjury; willfully subverting the law.

Misfeasance may or may not be impeachable.

- “To perform a lawful act, but in an illegal manner.”

Was it done knowing it was wrong, or done in ignorance of the law?

Ex: Wiretaps without a court order; campaign finance abuse

Who Decides If Impeachment is Who Decides If Impeachment is Necessary?Necessary?

1. What is considered 1. What is considered constitutional constitutional grounds for an grounds for an impeachable offense impeachable offense is left to the is left to the House of House of Reps to decide.Reps to decide.

2. Impeachment is as 2. Impeachment is as politically motivatedpolitically motivated as elections and as elections and usually divided along usually divided along partisan lines.partisan lines.

C. C. THE IMPEACHMENT THE IMPEACHMENT PROCESSPROCESS

Charges are filedCharges are filed with with the House of the House of RepresentativesRepresentatives. .

Charges are investigated Charges are investigated by the House Judiciary by the House Judiciary Committee Committee to determine to determine if impeachment is if impeachment is warranted.warranted.

Case is sent to House Case is sent to House floor for a vote of floor for a vote of impeachmentimpeachment if a simple if a simple majority of the Judiciary majority of the Judiciary Committee recommended Committee recommended such action.such action.

IMPEACHMENT PROCESS IMPEACHMENT PROCESS (CONT’D)(CONT’D)

The The full House hears and debates the full House hears and debates the chargescharges and then votesand then votes on impeachment. on impeachment. WithWith a a simple majoritysimple majority voting to impeachvoting to impeach, the , the case case goes togoes to the Senate for trialthe Senate for trial..

Senate hears the trial acting as the jurySenate hears the trial acting as the jury; the ; the Supreme Court’s Supreme Court’s Chief Justice sits as trial Chief Justice sits as trial judgejudge..

IfIf 2/32/3 of all Senators vote guilty, the of all Senators vote guilty, the President is removedPresident is removed from office immediately. from office immediately. NO APPEAL! NO APPEAL!

- The ex-president is eligible to be tried for - The ex-president is eligible to be tried for his crimes in a court at a later time.his crimes in a court at a later time.

End of Unit 9 (Part 1)End of Unit 9 (Part 1)

The PresidencyThe Presidency