Chapter 12: The American
Presidency
Presidential Functions
1. Interest representation
2. Rule initiation
3. Rule application
(chief executive officer
of the federal bureaucracy)
Presidential Functions
Rule interpretation through
nominating federal judges and top
regulatory officials
5. Resolves conflicts
6. Generates support for the party and
political system
7. Creates legitimacy ex. Bill signing
4.
History of the Office
 No top executive under the Articles of Confederation
 Not all of the constitutional framers wanted a
presidential office
 The Federalist 69 addresses these arguments
 Article 2 of the US Constitution
The Constitution and the Presidency
Implied powers – argument that
the constitutional framers gave the
president certain implied powers in
order to do what is necessary to
preserve national security
Article 2’s expressed powers
1. Commander in chief of the armed
forces
2. The president has the powers to make
treaties with the advice and consent
of the Senate
Constitution’s Expressed Powers
3. The president can nomination and
with the advice and consent of the
Senate appoint ambassadors, public
ministers, and consuls.
4. The president is authorized to
receive ambassadors and public
leaders.
Constitution’s Expressed Powers
More generally….
5. Has the power to grant pardons
6. Can nominate and appoint judges
and other officials
Constitution’s Expressed Powers
7. Must provide a state of the union
address to congress and can offer
legislation at other times
8. Veto subject to congressional
override
Job Description
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Chief of State
Chief Executive
Chief Diplomat
Commander-in-Chief
Chief legislator
Manager of Prosperity
Chief of party
Informal Sources of Power
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Public Support
Press
Events
Prestige
Bully Pulpit—term coined by Theodore Roosevelt—
refers to effective communication
Formal Sources of Power
These were the sources mentioned earlier.
They come from:
1. The Constitution
2. Special legislation
3. Court Decisions
Formal Sources of Power
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VETO
1.
2.
President has 10 working days to sign a veto
If he/she uses the veto, the bill goes back to the
originating house with an explanation for the veto
Congress can override with 2/3 vote
3.
Formal Sources of Power
Pocket veto—by taking no action,
the president can let the bill die
Potential Avenues to Actual Power
1. Bargaining ability
2. Enemies lists
example: Richard Nixon
3. Powers are not self-executing so
must make effort
Limits on Power
 President appoints but
requires Senate approval
Limits on Power
Treaties require Senate approval
Limits on Power
 President can recommend
legislation but Congress must
pass
Limits on Power
 President can veto but
Congress can override
Limits on Power
Supreme Court can overrule
Limits on Power
The 22nd amendment limits the
President to two terms—
additional check and balance
Limits on Power
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President can be impeached –
(requires majority of votes in the House)
President can be convicted and removed
(2/3 vote Senate)
Informal Limits on Influence/Power
1. Public Opinion
2. Events
3. Isolation from others
4. Groupthink
Structure of the Presidency
 Presidential establishment—President is surrounded
by advisors and aides
 Swelling of the presidency
 Inner Sanctum—no checks and balances
 Role of the machinery
Structure of the Presidency
Inner Circle
Closest friends and advisors
Can include first lady
Structure of the Presidency
White House Staff
 Personal Aides
 Chosen for loyalty and support
 Often have worked for President
before
Structure of the Presidency
Office of Management & Budget (OMB)
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President appoints top officials
Rank and file are normally career staffers
Prepares President’s annual budget
Funnel legislative advice
Prepares congressional testimony
Structure of the Presidency
Economic Advisors
 National Economic Council (NEC)
 Established by President Clinton
 Condoleeza Rice
 Deficit Analysis
 Tax Advice
Structure of the Presidency
National Security Council (NSC)
 Includes President, V.P., Secretary of State, Secretary
of Defense and more
 Created 1947
 Utilization depends on times and President
 Influences foreign relations
Structure of the Presidency
Domestic Council
Established by Nixon
Is to domestic policy what NSC is to
foreign policy
Structure of the Presidency
Vice President
 Role depends on the President
 Serves as President of Senate
 Next in succession for Presidency
Structure of the Presidency
The Cabinet
 Constitution does not provide for a cabinet but each
President has had one.
 President, V.P. the heads of all the
agencies/departments
The Cabinet (cont)
 Carter and Reagan utilized for
decisions
 Whole is less than the sum of the
parts
Structure of the Presidency
Miscellaneous agencies and special
Presidential Commissions
 Outer circles of structure
 Councils can influence public opinion
Presidential Structure varies
from President to President
Presidential Power in Foreign Affairs
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Role of President is strong b/c can respond quickly
Public support
Complexities of international relations
Commander-in-chief role
 Congress declares war
 Congress ratifies treaties and appts.
 Congress raises and supports armies, provides and
maintains the navy and appropriates money.
 Congress relugates the armed forces and provides for
calling forth the militia
The War Powers Act
 November 7, 1973
 Nixon vetoed and congress overrode
 Law spells out the conditions under which a president
can deploy troops and commit them to hostilities
(status reports, consultation, etc)
Domestic Affairs
 President’s constitutional powers less imposing
 Popular support may vary
 Conflicting demands from constituencies