Presidency
--Historical Development
--Presidential Elections
--Presidential Institution
--Presidential Relations
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Presidency—Historical
Development
• I. Initial Constitutional Provisions
• A. Institutionally strong with vague, shared powers
• II. Historically Weak, Occasionally Strong
• A. Washington, Jefferson, Jackson, Lincoln, T. Roosevelt, W.
Wilson
• III. Franklin Roosevelt: Establishing the “Modern Presidency”
(1933 – 45)
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A. Foundation: Progressivism
B. Trigger Events: the Great Depression
C. Response: the “1st 100 Days”
D. Results: the “New Deal” programs
E. Elected to four terms, served 12+ years
F. Created a mandatory leadership role for presidents
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Presidential Elections
• II. “Old” and “New” Styles of Running for President
• A. Nominations: Caucuses (old) vs. Primaries (new)
• 1. Caucuses were party-dominated
• 2. Primaries are candidate-dominated, appealing directly to party
members
• a. “frontloading”
• B. General Elections
• 1. Organization: Party (old) vs. Candidate (New)
• 2. Strategies
• a. Canvassing (old) vs. TV (new)
• b. Insider (old) vs. Outsider (new) appeals
• C. Financing: Unrestricted (old) vs. Regulated (new)
• 1. 1971 Federal Election Campaign Act
• Candidates had to report sources/amounts of donations
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Presidential Elections
• C. Financing: Unrestricted (old) vs. Regulated (new)—CONTINUED
• 2. 1974 FECA Amendments
• a. Tried to limit campaign donations and expenditures
• i. Buckley v. Valeo (1976): unlimited “independent spending” is protected free
speech
• 3. 1979 FECA Amendments: worries about declining role of parties
• a. “soft money”
• 4. 2002 McCain-Feingold Act—why McCain in 2002?
• a. limited the amount of soft money
• b. limited interest group ads
• 5. Citizens United v. FEC (2010): Corporations/labor unions can spend
unlimited amounts as “independent spending”
• a. undermines most of McCain-Feingold—fundraising figures 2012
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Presidential Elections
• III. The Electoral College
• A. Rules: 538 total votes (the number of representatives AND
senators for each state, plus District of Columbia)
• 1. Votes cast by state (51 elections): use the “unit rule”
• 2. Must win a majority (270) to win presidency
• 3. If no majority in the Electoral College, Congress selects
• a. House of Representatives selects president
• b. Senate selects Vice President
• B. Consequences
• 1. Small State “advantage”
• 2. Big State advantage: comes from unit rule
• 3. “Swing States”
• C. Effects: Magnifies Victory
• 1. Usually, Popular Vote winner = Electoral College winner
• 2. Rarely, Popular Vote winner ≠ Electoral College winner
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Presidential Institution
• I. Powers of the Presidency
• A. What are the boundaries?
• 1. Strict Constructionist: Example—W.H. Taft
• a. Powers granted are ONLY those listed in the Constitution or granted by
Congress
• b. All other powers are forbidden
• c. Not a feasible point of view after FDR
• 2. Trustee: Example—Teddy Roosevelt
• a. Powers granted are those NOT STRICTLY FORBIDDEN by Constitution
• b. All others are allowable, if used in the public’s interest
• 3. Public President: Example—Woodrow Wilson
• a. President helps define the public interest
• b. President is the only voice in politics with a national constituency
• c. President helps lead public opinion
• “His office is anything he has the sagacity and force to make it.”
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Presidential Institution
• 4. Prerogative President: Example—Abraham Lincoln
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a. In times of crisis, president has no bounds on power
b. Can even violate the Constitution
c. Has no choice, if it is to save the Union
MODELS COMPARED
• B. Sources of power
• 1. Constitution
• a. veto power
• 2. Statute law—laws passed by Congress
• a. central legislative clearance: budget-making power (1921 Budget and
Accounting Act)
• 3. Precedent
• a. executive privilege
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Presidential Institution
• II. Structure of the Presidency
• A. pre-FDR: small, informal
• B. Executive Office of the President (1939)
• a. The Brownlow Commission: “The president needs help…”
• 1. Growth of the EOP (1940s – 1973)
• 2. Decline in the size of the EOP (1974 – 1978)
• Congress passed laws to cap the number of EOP employees—WHY?
• 3. Stability in size (1979 – present)
• 4. Composition of the EOP
• III. Internal Operations of the Presidency
• A. Presidential Management Styles
• 1. Pyramid model
• 2. Wheel model
• B. Staff Orientations
• 1. Originally, EOP was to service the institution of the presidency
• 2. Now, serve the person who is president
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Presidential Relations
• I. The Nature of Presidential Relations
• A. The Presidential Perspective: Permanent Crisis
• 1. EXPECTATIONS:
• a. Must take the initiative (“Do something!”)
• i. President as “Chief…”
• b. Short Time Frame for Action—“windows of opportunity”
• i. “First 100 Days” (think of your first semester in high school)
• ii. “Presidential Honeymoon”
• 2. INSTITUTIONAL: Interdependent Relations
• a. Richard Neustadt: Not really a “separation of powers,” but rather
“separate institutions sharing power.”
• 3. PARTISAN DIFFICULTIES
• a. Rise of “Split Ticket Voting”
• i. Leads to chronic divided government
• b. Disappearing “Moderate Middle” in Congress: Senate Example
• Consequence: More difficult to lead
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Presidential Relations
• B. Methods of Achieving Goals: Persuasion, NOT Command
• 1. The Exchange Model: the “inside” strategy—bargaining with elites
• a. President has bargaining advantages
• i. Reputation is extremely important
• ii. Prestige of office is important
• 2. The “Going Public” Model: the “outside” strategy—using the
public
• a. Going public has become more popular with presidents.
• i. Leadership in Congress has become more decentralized
• ii. Fragmented interest group structure
• iii. Increased salience of public opinion
• b. The costs of “going public” have decreased, while the costs of the
“exchange model” have increased.
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