Chapter 13
The Presidency
The Presidency
The Constitutional Basis of the Presidency
Constitutional Basis of the Presidency
• Article II: “The executive power shall be vested in a
President of the United States of America.”
– This affirmed that one person would hold the presidency,
allowing for “energy” in times of need.
Constitutional Basis of the Presidency
• Presidential selection controversy: by Congress or
the voters?
• Republican solution:(form of government, not the party)
1. State legislatures would select slates of electors.
2. Voters would choose one of the slates offered by the
legislature.
3. If a majority of electors could not agree, the decision would
be made by the U.S. House of Representatives.
Constitutional Basis of the Presidency
• Presidential candidates were first chosen by the
party members in Congress.
– Led to claims the president was beholden to Congress
• Parties later created nominating conventions.
– Delegates initially selected by state party leaders.
Constitutional Powers of the Presidency
• Delegated powers: the president “shall take Care
that the Laws be faithfully executed.”
– Congress delegates the power to enact its will to the
executive branch.
Constitutional Powers of the Presidency
• Expressed powers: powers granted to the president
by the Constitution
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–
–
–
–
Military
Judicial
Diplomatic
Executive
Legislative
Expressed Powers
Constitutional Powers of the Presidency
• Inherent powers: presidential powers implied, but not
directly stated, by the Constitution
– Executive orders
– Other powers as needed
Expressed Powers
Constitutional Powers of the Presidency
• Military powers
– President is commander in chief
– Congress has power to declare war, but in last 50 years
this has been ignored (without controversy)
– Can deploy troops domestically in an emergency, to
enforce a federal judicial order, or to protect federally
guaranteed civil rights
Constitutional Powers of the Presidency
• Judicial powers
– President can “grant Reprieves and Pardons for Offences
against the United States, except in Cases of
Impeachment.”
– The president appoints members to the Supreme Court for
life terms (must be approved by the Senate).
Constitutional Powers of the Presidency
• Diplomatic powers
–
–
–
–
President is the head of state
Receives ambassadors and other public ministers
Acknowledges which foreign governments are legitimate
Treaties/executive agreements
Constitutional Powers of the Presidency
• Executive powers
– President must make sure that all laws are faithfully
executed
– Can appoint, remove, and supervise all executive officers
– Has power to appoint all federal judges
• Not just Supreme Court nominees, the entire federal
bench are presidential appointees
Constitutional Powers of the Presidency
• Legislative powers
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–
–
–
Addresses Congress on the state of the union
Submits proposals for legislation
Can veto bills
Has power to issue executive orders
• Effect of law
• Congress cannot override an executive order.
• Congress must pass a new law to override an executive
order.
The Veto Process
The Roles of the President
Constitutional Powers of the Presidency
• Delegated powers
– Congress delegates powers to the executive branch when
it creates agencies that must use discretion to fulfill their
missions.
The Presidency as an Institution
The Presidency as an Institution
• The Cabinet
– Origin: early presidents had a secretary who would store
the president’s papers in a cabinet.
– The Cabinet: heads of the major executive branch
departments
The Presidency as an Institution
• White House staff
– Analysts and political advisers who inform the president
about policies and their political implications
– Not to be confused with the Executive Office of the
President
The Presidency as an Institution
• Executive Office of the President
– Permanent agencies that perform specific management
tasks for the president
• Office of Management and Budget (OMB)
– Must approve every proposal from an executive agency
that requires spending
The Presidency as an Institution
• Vice presidency
– The role of the vice
president varies.
– Only constitutional role
is to preside over the
Senate
– Expected to remain
informed enough to
take over immediately
as president
The First Spouse
The Presidency as an Institution
• The first spouse
– This role also varies from administration to administration.
– Traditionally performed primarily ceremonial roles
– Now, often take a more active roll; defining the position can
be difficult
Contemporary Bases of Presidential Power
• Sources of presidential
strength:
– Party
– Popular mobilization
– Administration
Contemporary Bases of Presidential Power
• Party
– When the president’s party controls Congress and they
share policy goals, the president can have tremendous
influence IF the party is cohesive.
– This is a double-edged sword when the opposing party is
in power.
Presidential Success on Congressional Votes
Contemporary Bases of Presidential Power
• Going public
– Nineteenth century presidents were expected to be unifiers
and not speak out in public about policies.
– Now, presidents must carefully cultivate their public image.
WHO ARE AMERICANS?
U.S. Presidents
Key
PRESIDENT
PARTY
RACE
RELIGION
STATE
Washington
VA
Federalist
Adams
MA
Democratic-Republican
Jefferson
VA
Whig
Madison
VA
Monroe
VA
Quincy Adams
MA
PARTY
Unionist
Democrat
Republican
RACE
Jackson
*
White
Van Buren
NY
African American
W. Harrison
VA
Tyler
VA
Christian: Protestant
Polk
NC
Christian: Catholic
Taylor
VA
Fillmore
NY
Pierce
NH
Buchanan
PA
RELIGION
*Waxhaw area, on North Carolina–South Carolina border
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
WHO ARE AMERICANS?
U.S. Presidents
Key
PRESIDENT
PARTY
RACE
RELIGION
STATE
Lincoln
KY
Federalist
A. Johnson
NC
Democratic-Republican
Grant
OH
Whig
Hayes
OH
Garfield
OH
Arthur
VT
Cleveland
NJ
White
B. Harrison
OH
African American
McKinley
OH
T. Roosevelt
NY
Christian: Protestant
Taft
OH
Christian: Catholic
Wilson
VA
Harding
OH
Coolidge
VT
Hoover
IA
PARTY
Unionist
Democrat
Republican
RACE
RELIGION
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
WHO ARE AMERICANS?
U.S. Presidents
Key
PRESIDENT
PARTY
RACE
RELIGION
STATE
F. Roosevelt
NY
Federalist
Truman
MO
Democratic-Republican
Eisenhower
TX
Whig
Kennedy
MA
L. Johnson
TX
Nixon
CA
Ford
NE
White
Carter
GA
African American
Reagan
IL
PARTY
Unionist
Democrat
Republican
RACE
H.W. Bush
MA
Christian: Protestant
Clinton
AR
Christian: Catholic
W. Bush
CT
Obama
HI
RELIGION
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
WHO ARE AMERICANS?
U.S. Presidents, by Region
Presidents
1
2
4
7
8
0
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
The Administrative State
Contemporary Bases of Presidential Power
• The administrative state: presidents have tried to
increase their power vis-à-vis Congress through
three administrative mechanisms:
– Enhancing the reach and power of the Executive Office of
the President
– Increasing White House control over bureaucracy
– Expanding the role of executive orders and other
instruments of direct presidential governance
Contemporary Bases of Presidential Power
• Executive Office of the President
– 400 staff in WHO and 1,400 in EOP
– President’s staff are equal to the task of proposing
legislation and countering Congress
• Regulatory review
– White House determines how agencies should operate
Contemporary Bases of Presidential Power
• Governing by decree
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Executive orders
Presidential decrees
Executive agreements
National security findings and directives
Proclamations
Reorganization plans
Signing statements
Significant Executive Orders,
1900–1995
Thinking Critically about Presidential Power and
Democracy
Make sure
this is
updated if
needed, still
TK on PDF
Public Opinion Poll
Which branch of government do you believe is most
powerful?
a)
b)
c)
d)
Congress
Presidency
Judiciary
They are equally powerful.
Public Opinion Poll
Which of the following do you believe is the most
important role of the president?
a) Commander in chief (in charge of the military)
b) Chief diplomat (managing our relations with other
nations)
c) Chief executive (as “boss” of the executive branch)
d) Chief legislator (legislative powers)
e) Chief politician (party leadership)
Public Opinion Poll
Which branch of government do you believe should be
most powerful?
a)
b)
c)
d)
Congress
Presidency
Judiciary
None, they should be equally powerful.
Public Opinion Poll
Members of Congress and the U.S. Senate are not
term-limited. Members of the U.S. Supreme Court
serve life terms. Should a president be able to run for a
third term if the voters supported it ?
a) Yes
b) No
Public Opinion Poll
Should the vice president be elected independently of
the president (no tickets) where one could vote for a
president and vice president of different parties if they
wished to do so?
a) Yes
b) No
Chapter 13: The Presidency
• Quizzes
• Flashcards
• Outlines
• Exercises
wwnorton.com/we-the-people
Following this slide, you will find additional images,
figures, and tables from the textbook.
Establishing the Presidency
The President versus the World: How Presidents
Seized Control of War Power
Expressed Powers
Delegated Powers
The Administrative State
The Administrative State