Chapter 11 (The President)
I. Presidential Power (apart from the powers in the constitution, the U.S.
President has informal powers associated with his rise as a status
symbol); many roles…
A. Symbolic President (Head of State) – The ultimate symbol of American
Politics (more media coverage than anyone else).
B. Managing Crises – It seems that the American public looks to the
president for comfort and security during times of crisis (Reagan and the
Challenger explosion; FDR and great depression).
C. Providing Policy Leadership – Most policy initiatives originate in the
executive branch. Also, he/she will mobilize political support, rally
public opinion, lobby members of Congress, use veto threats, and so on.
D. Managing the Economy – They are held responsible (Hoover 1932; Ford
1976; Carter 1980, Bush 1992) for bad economic times, whether they
should be or not.
E. Managing the Government – (2.8 million bureaucrats); president is
ultimately responsible for policy implementation/execution.
F. Global President – The “voice” for the U.S. internationally is the
president. President orders troops to their deaths; Presidents control
the nuclear arsenal; these contribute to the worldwide image that the
President of U.S. is the most powerful person.
II. Constitutional Powers of the President
A. Who? Article II, Section 1; he must be…
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Natural Born citizen
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35 years old or older
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resident of U.S. for at least 14 years
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1951: Can serve no more than 2 terms according to the 22
amendment (or one full term if a vp must complete more than
two years of a previous pres)
B. Presidential Succession – (what happens if the President is
physically unable to serve?); order of succession Table 11.3
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Disability? - 25th amendment (1967) states that the president
will be replaced if the VP and a majority of the cabinet write
Congress of the president’s incapacity to govern. The
President can appeal formally and resume powers if the VP
and a majority of the cabinet can’t maintain sufficient
opposition formally within 4 days. Congress can decide to
replace him after the final formal declaration if 2/3s of the
houses agree within 21 days to remove him.
C. Impeachment
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House brings charges (articles of impeachment).
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Senate must try the impeachment. 2/3s members
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Chief Justice presides over trial
D. Presidential Pardons – he can pardon anyone for any reason.
E. Executive Power – to some extent, the power of the pres depends
upon his/her self-understanding of their constitutional role as
President. They may take one of three views of the office:
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Taft’s restrictive view - the president ought not act unless
specifically authorized by the Constitution or Congress.
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Roosevelt’s expansive view – the President can act in any way that
is not specifically restricted to him by Congress or the Constitution.
This has been the most common view.
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Lincoln’s conditional view – the president is restricted to specific
authorizations UNLESS he is presiding during a period of national
crisis.
F. Examples of expansive presidential view:
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Jefferson and the Louisiana Purchase; he bought it without
Congressional authorization.
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Lincoln and the blockade, martial law, Emancipation Proclamation.
Lincoln argued that he must put aside constitutional concerns in order
to secure the nation. “Was it possible to lose the nation yet preserve
the Constitution?”
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F.D. Roosevelt and the incarceration of Japanese-American citizens
subsequent to Pearl Harbor and closing banks; FDR forced thousands
of Japanese Americans to leave their homes/businesses until FDR was
confident that they were not threats to national security (spies).
All of the above are examples of presidents acting either without
constitutional/congressional authorization or perhaps even beyond
constitutional limits (Lincoln).
G. Checking Presidential Power
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Though enjoyed great deference, the President’s power even in the
name of security has not been treated as absolute (Bush’s unqualified
detentions of alleged military combatants at Gitmo reversed by S.C.)
H. Executive Privilege - Self-declared Pres right to withhold
executive branch communications. Congress has never
recognized it as a right. The Supreme Court has largely stayed
out of the dispute, but has ruled that the President enjoys no
such privilege during a criminal investigation.
I. Presidential Impoundment - Impoundment is when a President
refuses to spend money appropriated by Congress. The
Budget and Impoundment Control Act (1974) requires that a
President must spend all of the money unless he/she can
convince Congress of a list of items to be postponed or
cancelled.
J. Congressional Tilt - Congress generally gets the last word
according to the Constitution. “Congress is constitutionally
positioned to dominate American government. But it is the
president who politically dominates the nation’s public
affairs.”
III. Political Resources (informal powers) of the President
A. Presidential Popularity drops with: (next slide)
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Scandals (except for Clinton!)
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recessions (Bush, Sr. @ 37% from 89% at the end of the Gulf War)
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War gone bad
B. Access to Media (unlimited/immediate)
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call press conferences and speak to the nation to mobilize
support
IV. Chief Executive (weakened President)
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Constitutional executive - Congress is heavily involved in the
President’s business through appropriating funds and overseeing
executive agencies (oversight committees).
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Executive Orders – direct order by president (no need for
legislation from Congress); must be based upon Constitutional
law or Congressional laws. President’s typically issue 50-100 a
year. (i.e. 1948 Truman desegregated the military).
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Appointments – Of the 2.8 million civilian employees, the President
appoints 3,000. Several of these must be confirmed by the Senate.
Congress has established the tenure of many agency chiefs; hard for
Pres to remove them.
Budget – The Office of Management and Budget (OMB) assists the
President with preparing an annual budget to be considered by
Congress (C has the C Budget Office). He appoints three professional
economists of high standing to the Council of Economic Advisers.
Federal Reserve - The President appoints, Senate confirms, members
of the Federal Reserve Board; oversee monetary policy (amount of
money circulating in the economy; adjust inflation rate too).
Cabinet – heads of executive departments. Rarely meets as a body to
advise the president (Table 11.3 list). Senate must confirm
National Security Council – (P, VP, Sec St, Sec Def, DCI, Chair of Joint
Chiefs, CIA director) the “inner cabinet” responsible for advising the
president on defense and intelligence related policy.
White House Staff – advise the president, monitor agency operations,
set presidential schedule (travel, meetings, speeches), protect and
defend the president.
V. Chief Legislator and Lobbyist
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Policy Initiation – The president’s legislative agenda is
usually given priority for congressional consideration.
Typically announces his agenda at the State of the Union
address in Januarary each year (major speech delivered in
person to both chambers of Congress)
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White House Lobbying – White House lobbyists are charged
with pushing the president’s proposals through committees,
floor votes, and both houses. The president may use
political threats or deals to twist the arms of members
(electoral support, White House event invitations, agency
“pork”…).
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Honeymoon Period – Early period during a presidents term
in which the president is most likely to be, given his national
popularity, successful in Congress (Reagan’s largest tax cut,
1981).
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Presidential success - the level of success the president
enjoys is conditioned mostly by his popularity and especially
party control of C.
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Veto Power – Just the threat of a veto can be used strategically. If
the president takes NO action in 10 after passage, the bill
becomes law anyway. If Congress has adjourned within 10 days
of passage and the president does not sign it, the bill is
considered “pocket” vetoed. An override requires 2/3s vote in
both houses. 96% of vetoes hold.
VI. Global Leader – based upon the president’s power to persuade world
leaders.
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Foreign Policy – The power of the president to grant diplomatic
recognition to nations (international legitimacy) is supremely
important. Nations tenaciously seek this of the U.S. because of
its advantages in terms of diplomacy, trade, foreign aid, and
strategic significance.
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Treaties – The president makes and signs international treaties
with approval of 2/3s of the Senate.
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Executive Agreements – Less formal and less binding than treaties
but used by president’s because they are more easily executed
than treaties (no Senate approval needed).
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Intelligence (next slide) – The Director of Central Intelligence is
appointed by the president (approved by Senate). He coordinates
the CIA, NSA and the National Reconnaissance Office, Nat’l GeoSpacial Agency as well as the activities of intelligence departments
within the Dept. of Defense. The CIA is responsible for covert
actions which support U.S. interests (e.g., transfers of economic aid
and military equipment to pro-U.S. forces).
VII. Commander-in-Chief
A. President war-making power is expansive. Why?
B. War Powers Act (1973) – Congress tried to limit presidential war-making
powers at the end of the Vietnam War.
Four Provisions:
President can commit troops without declaration ONLY:
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to repel or prevent an “imminent” threat of attack
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President must report the military commitment promptly to
Congress
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U.S. involvement must be no longer than 60 days without
declaration or other authorizing legislation.
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Congress can end a presidential commitment without the
president’s signature.
C. Presidential Noncompliance: Pres has often ignored this Act for two reasons:
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Constitutional Concerns: no presidential signature required and allows
Congress, in essence, to move troops (behave as commander and chief)
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Popular Support of Presidential Actions: most of the time, the president
enjoys public support of military actions; Congress scared to get in the
way.
VIII. The Vice President
A. Political Selection Process – VP’s are typically chosen to “balance” a
president geographically or ideologically.
Examples: Reagan (conservative) chose his opponent Bush (moderate)
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Bush (moderate) chose Quayle (conservative)
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Dukakis (liberal, New England) chose Bentson (conservative, Texas)
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Clinton (poor military appeal) chose Gore (military service)
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Failure = Goldwater chose Miller. Both really conservative.
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Gore (tied to Clinton) chose Lieberman (considered moral and religious)
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Bush (perception of inexperience/ability) and Cheney (experience and
intelligence)
• Bush, Jr. chose Cheney. They are both conservatives.
Mistake?
B. Vice Presidential Roles – officially, VP’s preside over the
senate (which they seldom do) and cast tie votes there.
Perhaps the VP is better useful to launch political attacks on
the presidents enemies and/or campaign and raise money
for the president. Perhaps, and especially thanks to Gore,
the VP is becoming the Senior Advisor to the president.
C. Waiting Game? – VP’s typically do what is necessary to
position themselves for a run at the top job. Yet, out of 47
former VP’s through 2000, 9 were elected president (only
one sitting VP has won election this 20th century; 4 overall).