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
– 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
– 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
• Thousands of staffers work for the president’s administration.

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
PARTY
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
RACE
White
African American
RELIGION
Christian: Protestant
Christian: Catholic
*Waxhaw area, on North Carolina
–South Carolina border
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
PRESIDENT
Washington
Adams
Jefferson
Madison
Monroe
Quincy Adams
Jackson
Van Buren
W. Harrison
Tyler
Polk
Taylor
Fillmore
Pierce
Buchanan
PARTY RACE RELIGION STATE
VA
MA
*
NY
VA
VA
VA
VA
VA
MA
NC
VA
NY
NH
PA

WHO ARE AMERICANS?
U.S. Presidents
Key
PARTY
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
RACE
White
African American
RELIGION
Christian: Protestant
Christian: Catholic
PRESIDENT
Lincoln
A. Johnson
Grant
Hayes
Garfield
Arthur
Cleveland
B. Harrison
McKinley
T. Roosevelt
Taft
Wilson
Harding
Coolidge
Hoover
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
PARTY RACE RELIGION STATE
KY
NC
NJ
OH
OH
NY
OH
OH
OH
VT
OH
VA
OH
VT
IA

WHO ARE AMERICANS?
U.S. Presidents
Key
PARTY
Federalist
Democratic-Republican
Whig
Unionist
Democrat
Republican
RACE
White
African American
RELIGION
Christian: Protestant
Christian: Catholic
PRESIDENT
F. Roosevelt
Truman
Eisenhower
Kennedy
L. Johnson
Nixon
Ford
Carter
Reagan
H.W. Bush
Clinton
W. Bush
Obama
SOURCE: The Miller Center, “American President:
A Reference Resource,” millercenter.org (accessed
10/15/12).
PARTY RACE RELIGION STATE
NY
MO
NE
GA
IL
MA
TX
MA
TX
CA
AR
CT
HI

1
2
4
7
8
0
WHO ARE AMERICANS?
U.S. Presidents, by Region
Presidents
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 visà-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
– 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) Congress b) Presidency c) Judiciary d) 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) Congress b) Presidency c) Judiciary d) 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
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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