INTRO TO THE PRESIDENCY
EVOLUTION OF THE PRESIDENCY
I.
Deliberations at the Constitutional Convention
A.
B.
C.
D.

Alternatives to a unitary executive
Concerns of Founders
Election of the President
Term of office
Fear of an unlimited # of terms was quieted when
Washington chose not to run for a third term
EVOLUTION OF THE PRESIDENCY
II.
The first Presidents: Washington-Monroe, 1789-1825
III. Andrew Jackson, 1829-1837, expansion of presidential power
IV. The reemergence of Congress, 1837-1932
V. Emergence of the Presidency, FDR- present
OVERVIEW OF THE PRESIDENCY
QUALIFICATIONS
A. “Natural born citizen”
B. At least 35 years old
C. Residency for at least 14 years
D. “Unwritten requirements”
• What does it mean to be a “natural born citizen”?
• Trump questions Cruz’s eligibility
TERM OF OFFICE
A. Four years
B. Maximum of two terms
COMPENSATION
A. Set by Congress
B. Salary raised in 2001, first time since 1969
C. Opportunity to make serious $$$$ after leaving office
SUCCESSION
A. Line of succession
•
VP, Speaker of the House, Senate Pro Tem, Sec. of State, Sec. of Treasury, Sec. of
Defense, and so on…
B. If the President is disabled, 25th Amendment applies
GROWTH OF PRESIDENTIAL POWER
A. Original conception of Founders—Congress, NOT the President, was to be
the dominant power
B. Non-constitutional sources of presidential power




Unity of the office
Presidential character & personality
Growing complexity of society
Development of US as a superpower
C. 3 “Rules of Thumb” to maximize power & effectiveness
1.
2.
3.
Move it or lose it
Avoid details
Cabinets don’t get much done, people do.
ROLES OF THE PRESIDENCY
A. CHIEF LEGISLATOR
1. Powers:
a.
b.
c.
d.
Propose legislation
Veto legislation
Call special sessions of Congress
State of the Union Address
2. Checks
a.
b.
Congress need not pass suggested legislation
Override veto
B. CHIEF EXECUTIVE
1. Powers:
a.
b.
c.
Enforces laws, treaties, and court decisions
Appoints officials to office and can fire them
Issues executive orders
2. Checks:
a.
b.
c.
d.
Congress passes laws and has the “power of the purse”
Senate can reject appointments/treaties
Impeachment
SCOTUS can strike down executive orders
C. COMMANDER IN CHIEF
1. Powers:
a.
Head of the armed forces
2. Checks:
a.
b.
c.
Congress appropriates funds
Congress declares war
War Powers Act of 1973 (more on this later)
D. CHIEF DIPLOMAT
1. Powers:
a.
b.
c.
d.
Sets overall foreign policy
Appoints and receives ambassadors
Negotiates treaties and exec. agreements
Recognizes foreign gov’ts
2. Checks:
a.
b.
Funding
Senate can reject ambassadors and treaties
E. CHIEF OF STATE
• Ceremonial head of the nation
• Most nations separate Chief Executive
and Chief of State, but presidency
combines both
F. CHIEF JURIST
1. Powers:
a.
b.
Appoints federal judges
Issues pardons and amnesty
2. Checks:
a.
b.
c.
Senate can reject appointments
“Place holds” on nominations
Filibuster nominations
G. NON-CONSTITUTIONAL ROLES
1. Head of Political Party
2. Chief Economist
PRESIDENTIAL STAFF
I. EXECUTIVE OFFICE OF THE PRESIDENT
A. White House Staff
1.
2.
3.
Immediate staff of the President
Organization: circular or pyramid method
Appointments to the White House office do not require senate
approval
B. OMB—prepares budget and reviews fed. programs
C. NSC
D. CEA
II. CABINET
A. Definition: the heads of the Cabinet depts.
and 5 others who hold “Cabinet rank”
B. Each appointed by President w/ Senate
consent
C. Parliamentary systems vs. our system
•
Problem of divided loyalties!
D. Presidential influence over the Cabinet
E. Factors affecting selection of Cabinet
Secretaries
III. WHO GETS APPOINTED TO FEDERAL
POSITIONS?
A. Number of appointments is large, but percentage is small
B. Depend heavily on staff recommendations
C. Background of appointees
IV. VICE PRESIDENT
A. Only two constitutional duties
B. Traditionally the V.P. is a dull, do-nothing job
C. The job is basically what the President says it is
D. Importance of the office
CONGRESS VS. THE PRESIDENT
HISTORICAL BACKGROUND
A.
Founders’ intent on Congress to be the dominant branch
B.
President has been more dominant in 20th century
SOURCES OF CONFLICT
A. Separation of powers & checks and balances
B. Different constituencies
C. Different times of election
D. Partisanship
E. “Two presidencies”
SOURCES OF PRESIDENTIAL INFLUENCE
A. Use of media
B. “Mandate from the people”
C. Patronage
D. Chief of Party role
E. Personal lobbying
F. Veto or its threat
G. Presence of a nat’l emergency
THE IMPERIAL PRESIDENCY
INTRO
A. Arthur Schlesinger’s The Imperial Presidency
(1973) suggested that presidential power had
grown excessive
B. Response?
• Economic growth necessitated a strong executive branch
• Congress itself delegated strong powers to the exec.
AREAS OF ABUSE
WAR POWERS
• Constitutional conflict between
Congress’ power to declare war vs.
the President’s power as Commander
in Chief
• Presidents have sent troops w/o
congressional declaration of war
more than 125 times
EMERGENCY POWERS
•In times of war or emergency, the President assumes great power
•Suspension of habeas corpus, censorship, Patriot Act, analysis of citizens’
phone records by NSA
USE OF EXECUTIVE AGREEMENTS RATHER THAN
TREATIES
•Exec. agreements don’t require congressional approval
•Since WWII the number of exec. agreements has vastly outnumbered treaties
EXECUTIVE PRIVILEGE
•The right of a President to not divulge conversations
between himself and his advisors
•Presidents argue that they need exec. privilege to
ensure straightforward advice
•U.S. v. Nixon—SCOTUS stated that the Presidents are in
fact entitled to executive privilege but not in criminal
cases
IMPOUNDMENT
•The refusal of the President to spend money that has been appropriated by
Congress
•Presidents may be unhappy with funding in a bill
USE OF VETO
•Threat of a veto can influence changes in legislation
•Difficult to muster 2/3 to override. About 94% of vetoes are sustained
CONGRESSIONAL RESPONSE
BACKGROUND
Vietnam, Watergate, and the resignation of Nixon  a reassertion of congressional
authority in the mid-70’s
WAR POWERS
Passage of the War Powers Act of 1973
A. President can send troops overseas to an area where hostilities are imminent
without a congressional war declaration only under these circumstances:


Must notify Congress within 48 hours
Must withdraw troops after 60 days
B. Criticisms
C. No lawsuit to determine its constitutionality
EMERGENCY POWERS
Passage of National Emergencies Act of 1976:
A. President must inform Congress in advance of powers to be used in emergencies.
B. State of emergency automatically ends after 6 months.
C. President can declare another 6 months of emergency, subject to cong. review.
CONGRESS AND THE CIA
A. Past CIA abuses
B. Church Committee investigations of abuses in 1970s.
C. Hughes-Ryan Amendment, 1974, established eight congressional oversight
committees. (Later reduced to just two)
D. Foreign Intelligence Surveillance Act (1978): can authorize electronic surveillance
of telephones, etc. for foreign intelligence purposes
IMPOUNDMENT
Passage of Budget and Impoundment Control Act of 1974:
A. Establishment of Congressional Budget Office (CBO) as a check on OMB
B. Congress given three additional months to consider the President's proposed
budget
C. Establishment of Budget Committees in each house
CONFIRMATION OF PRESIDENTIAL APPOINTEES
• Senatorial courtesy
• Closer scrutiny by Senate in recent appointments
• Long confirmation delays
FOREIGN AFFAIRS
• Extensive debate over US involvement around the world
• Gulf War, War in Iraq, Libya
AN IMPERIAL CONGRESS?
Some worry more about excessive congressional powers than they do about excessive
presidential powers. What might be some arguments that we have an imperial
Congress?