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Origins of the Presidency
Founders distrusted executives
– Much more faith in legislatures
Royal governors, the experience of the colonies with executive power Appointees of the King
– Powers of appointment, military command, expenditure, and pardon as well as with large powers
in connection with the powers of lawmaking”
– Disdained and distrusted by colonists
– After the American Revolution, state constitutions limited the powers of governors.
Declaration of Independence:
Wrongs of Britain, King, and Royal Governors
protected British soldiers “by a mock Trial, from Punishment for any Murders which they should
commit on the Inhabitants of these States
Suspended our own Legislatures, and declaring themselves (governors) invested with Power to
legislate for us in all cases whatsoever.
taken away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms
of our Governments
erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat
out their substance.
So, after independence:
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Articles of Confederation had no chief executive
The constitutions of most states created very weak governorships
BUT
Problems with the Articles showed the need for a stronger national government, including an
executive
George Washington and the American Presidency
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Washington made the Presidency possible
Established many current practices
– Insisted on being addressed as “Mr. President”
– Voluntarily left office after two terms
– Claimed executive had “inherent powers” to conduct foreign affairs
22nd Amendment (1951)
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No Person shall be elected to the office more than twice,
and no person who has held the office of President, or acted as President for more than two years of
a term to which some other person was elecdted President shall be elected to the office of the
President more than once.
Presidential Succession
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Article II, Section 1 provides that:
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In case of the removal of the President from office, or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same shall devolve on the Vice President …
until the disability be removed, or a President elected.
In 1841Upon the death of President William Henry Harrison in 1841, John Tyler became the first
person to succeed to the presidency.
Article 2, Section 1, continued
The Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of
the President and Vice President, declaring what officer shall then act as President
Presidential Succession Act of 1792 (later changed)
– Next in line was President pro tempore of the Senate
– And then the Speaker of the House
Amendment 25 (1967)
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Passed after the death of John Kennedy
Section 1: In case of the removal of the President from office or of his death or resignation, the Vice
President shall become President.
Section 2: Whenever there is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses
of Congress
Amendment 25 also contains a section that allows the VP and a majority of the Cabinet (or some
other body determined by Congress) to deem a president unable to fulfill his duties
President can also voluntarily relinquish duties
– 1985, Reagan made G.H.W. Bush acting president during Reagan’s eight-hour surgery
– VP Cheney acting president in 2002 while Pres. Bush underwent a colonoscopy
President’s Major Constitutional Powers
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Appointment
Make Treaties
Veto
Pardons
Commander in Chief
Appointment
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Article II, Section 2
“he shall nominate, and by and with the Advice and Consent of the Senate, sahll appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States.”
Presidents appoint about 3,000 federal officials
About 1,000 of those require senate approval
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Federal agencies divided into political appointees and careerists
Running the Government:
The Chief Executive
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As Chief Executive, the president presides over the administration of government.
– Constitution: “take care that the laws be faithfully executed”
– Today, federal bureaucracy spends $2.5 trillion a year and numbers more than 4 million
employees.
– Presidents appoint 500 high-level positions and 2,500 lesser jobs.
Make Treaties
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President is in charge of relationships with other countries
Appoints ambassadors to represent U.S. to those countries
Negotiates treaties with other countries
– Trade to lower tariffs between countries
– Mutual defense
– Mutual reductions of nuclear weapons
– U.N. treaties on emission of industrial pollution
Veto
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Article I, Section 7:
Every bill . . . Shall be presented to the President
If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it
shall have originated, who shall entger the Objections ar large on their Journal, and proceed to
reconsider it. If after such Reconsideration two-thirds of the House shall agree to pass it Bill . . . It
shall be sent to the other House, and if approved by two thirds of that House, it shall become a Law.
Veto
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Presidents may veto any bill passed by Congress
– E.g., Funding for embryonic stem cell research
– Requires 2/3 vote of BOTH House and Senate to override a veto
President may sign a bill
– It becomes law
Recent Presidential Vetoes
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Ford – 48 vetoes, 12 overrides
Carter – 13 vetoes, 2 overrides
Reagan -- 39 vetoes, 9 overrides
George H.W. Bush -- 29 vetoes, 1 override
Clinton -- 36 vetoes, 2 overrides
George W. Bush – 2 vetoes, 0 override
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Pocket Veto
President may neither sign nor veto a bill
– Article 1, Section 7: "...If any Bill shall not be returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if
he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it
shall not be a Law. "
After 10 days
– A. If Congress is in session it becomes law
– B. If congress has adjourned, it is vetoed – called a pocket veto
Recent Pocket Vetoes
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Ford – 18
Carter – 18
Reagan -- 39
George H.W. Bush -- 15
Clinton -- 1
George W. Bush – 0
Pardons
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Article II, Section 2
“he shall have Power to grant Reprieves and Pardons for Offences against the United States, except
in Cases of Impeachment.
Absolute power of pardon for anyone convicted of a FEDERAL crime.
Pardon power used sparingly
Standard practice is a president exercises it only during the last few days of his term – clearing away
any questionable or problematic cases so the new president will not have to deal with them
Commander-in-Chief
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Article II, Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the
Militia of the several States, when called into the actual Service of the United States
BUT
Article I, Section 8: Congress shall have the Power. . . To declare War
Commander In Chief
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War Powers
– Shared War Powers in Constitution
• Congress has the power to declare war.
• President, as Commander-in-Chief, can commit troops and equipment in conflicts
– War Powers Resolution (1973)
• Intended to limit the president’s use of the military
• Requires president to consult with Congress prior to using military force and withdraw forces
after 60 days unless Congress declares war or grants and extension
• Presidents see the Resolution as unconstitutional
– Presidents continue to test the constitutional limits of using the military in foreign conflicts.
Growth Beyond Formal (Constitutional) Powers
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Presidential power grows due to:
– National and international crises
• The Congress is a slow and deliberative body
• The Executive can act quickly
– America’s rise to a global power
– The increased size of the federal government
– The growing speed of transportation and communication
Establishing the President’s Authority: The First Presidents
President Washington’s precedents
– Established the primacy of the national government
– Held regular meetings with his advisers (establishing the Cabinet system)
– Asserted the prominence of the chief executive’s role in foreign affairs
– Claimed inherent power of the presidency
• Powers that can be derived or inferred from what is formally described in the Constitution
Incremental Expansion of Presidential Powers: 1809-1933
• Most presidents from Madison to Hoover failed to exercise the powers of the presidency in any
significant manner
• Andrew Jackson was the first president to act as strong national leader.
– Made extensive use of veto power
– Reasserted the supremacy of the national government (and the presidency) by facing down
South Carolina’s nullification of a federal tariff law
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Expansion of Presidential Powers:
Abraham Lincoln
Lincoln argued that the inherent powers of his office allowed him to circumvent the constitution in a
time of war or national crisis in order to make sure the laws of the U.S. were faithfully executed
– Suspended the write of habeas corpus
– Expanded the size of U.S. army above Congress’s mandates
– Ordered a blockade of southern ports (initiating war without congressional approval)
– Closed the U.S. mails to treasonable mailings
The Period of Weak Presidents
James Polk
Zachary Taylor
Millard Fillmore Franklin Pierce
James Buchanan
Abraham Lincoln
Andrew Johnson
Ulysses Grant
Rutherford Hayes
William McKinley
Theodore Roosevelt
William Taft
Woodrow Wilson
Warren Harding
Calvin Coolidge
Herbert Hoover
The Narrow View of Presidential Power
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William Howard Taft:
“The president can exercise no power which cannot be . . . traced to some specific grant of power . .
. in the constitution.”
Teddy’s Roosevelt’s Stewardship Theory
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“I decline to adopt the view that what was imperatively necessary for the nation could not be done by
the president unless he could find some specific authorization to do it. My belief was that it was not
only his right but his duty to do anything that the needs of the nation demanded, unless such action
was forbidden by the Constitution.”
Woodrow Wilson
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Scholar (political scientist), President of Princeton University, Governor of New Jersey, President
from 1913-1921
President during World War I
Negotiated and tried hard to have the Senate approve the League of Nations
Most experts agree also produced our first de facto woman president
The Growth of the Modern Presidency
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The Great Depression
The rise of mass communication (radio)
World War II and America becoming a World Leader
The Modern Presidency
Public Expectations / Presidential Roles
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Symbolic Presidency
– Head of State AND Head of Government
Manager of Crises
Policy Leadership
Manager of the Economy
Leader of the Free World
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And also
– Party leader
– Manager of the federal bureaucracy
Presidential Resources
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The Presidential institution
Negotiating skills
Public opinion
The Presidential Institution
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Early Presidents had limited staff assistance
Brownlow Commission in the 1940s:
– “The President needs help.”
Led to the creation of The Executive Office of the President
The Executive Office of the President
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EOP
– Establishment created in 1939 to help the president oversee the executive branch bureaucracy
– Most important members:
• National Security Council
• Council of Economic Advisors
• Office of Management and Budget
• Office of the Vice President
• U.S. Trade Representative
National Security Council
Traditionally consists of the president, vice president, secretary of state, and secretary of defense
The White House Staff
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Personal assistants to the president, including senior aides, their deputies, assistants with
professional duties, and clerical and administrative aides
– Chief of Staff
Size increased over time
Current White House has 435 staffers
The Cabinet
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Made up of cabinet secretaries and Attorney General
Begun by Washington as a way for president to stay informed of programs and issues
Since FDR has substantially declined in importance, though still referred to in the media
Presidential Resource:
Negotiating Skills
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President Lyndon Johnson:
– “Without constant attention from the administration, most legislation moves through the
congressional process at the speed of a glacier”
Presidents must be the chief lobbyist for their legislative programs
Presidential Resource:
Public Opinion
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Presidential Honeymoon period
Communication skills
– President’s “going public”
Popularity with the public
Presidential Popularity
President has the best chances of convincing Congress to follow his policy lead when his public
opinion ratings are high
Presidential popularity, however, follows a cyclical pattern
– Highest level of approval at the beginning of their terms
– Each action the president takes is divisive (some will approve, others will not)
– Disapproval tends to have a cumulative effect so in general approval wanes over time
– Since Lyndon Johnson’s presidency, only four presidents have left office with approval ratings of
more than 50%
Presidential Power:
Has it gone too far?
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The Expansion of Power
– Presidents may develop new roles for and expand power of the office.
Perspectives on Presidential Power
– During the 1950’s and 1960’s people favored a powerful president.
– By the 1970’s, presidential power was checked and distrusted by the public.
Presidential Power:
Where are the Checks and Balances?
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President Nixon:
– Authorized wiretaps to control leaks without any judicial warrant or review by Congress
President George W. Bush
– Patriot Act authorizes government agencies to wiretap, investigate financial and health records
– Issue is not whether government needs to do this to fight terrorism, but can the executive branch
do this alone – without judicial or congressional review?
The Patriot Act (Again)
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Eliminates checks and balances
The executive branch alone may carry out searches and wiretaps at the request of a foreign
government,
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Or extradite American citizens to foreign countries for trial
Both without any review by an American judge
Alexander Hamilton:
– a policy that allows "confinement of the person, by secretly hurrying him to jail, where his
sufferings are unknown or forgotten" is a "dangerous engine of arbitrary government."
All president get frustrated by the slow action of Congress
– They want to get things done
Every president is tempted to increase the power of the office
From time to time, the Congress pushes back
– War Powers Act
– Possible reduction in budget for Iraq War
Other Presidency Issues
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The Vice President
First Ladies
Executive Privilege
Immunity While in Office
Vice Presidents
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All presidential candidates claim they selected as their vice presidential running mate “the person
best qualified to take over as president”
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A far more important concern to presidential candidates is “balancing the ticket”
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GW Bush – no Washington experience, so selects Dick Cheney
Jack Kennedy, young and inexperienced, selected Senate Majority Leader Lyndon Johnson
Richard Nixon, Californian, selects southern governor Spiro Agnew
Jimmy Carter, southerner, selects Midwesterner Walter Mondale
Ronald Reagan, no Washington experience selects insider George H. W. Bush
Vice Presidency
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John Adams (George Washington’s Vice President)
– The vice presidency was: the most insignificant office that was the invention of man”
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John Nance Garner (Franklin Roosevelt’s first vice president)
– The office is not worth a bucket of warm spit
Vice Presidency
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Primary job:
– Occasionally inquire about the state of the President’s health
Secondary job:
– Whatever tasks are assigned by the President
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Because they are selected to balance the ticket, most VPs are not long-time political allies or
confidants of the President
Historically, presidents assign them minor tasks and keep them away from major presidential
interests
Presidents who assigned limited roles to their Vice Presidents
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Franklin Roosevelt (VP: Harry Truman
Eisenhower (VP: Richard Nixon)
Kennedy (VP: Lyndon Johnson)
Johnson (VP: Hubert Humphrey)
Nixon (VP: Spiro Agnew)
Reagan (VP: George H. W. Bush)
George H. W. Bush (VP: Dan Quayle)
Some recent Presidents have made their VPs an important part of the Presidency
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Jimmy Carter first to do so with VP Walter Mondale
Bill Clinton worked closely with Al Gore
George W. Bush has used VP Dick Cheney as a key advisor
– Cheney recognized by scholars as the strongest VP in history
Vice President to President
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Only Four vice presidents have been elected President immediately
– John Adams, 1797
– Thomas Jefferson, 1801
– Martin Van Buren, 1837
– George H. W. Bush, 1988
Nixon won the presidency, but not until 8 years after leaving the vice presidency
Four VPs have won election only after succeeding a President in office
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Theodore Roosevelt, 1901
Calvin Coolidge, 1923
Harry Truman, 1945
Lyndon Johnson, 1963
Vice President to President
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Many VPs have failed in their presidential bids. Those since 1960 include:
– Richard Nixon
– Hubert Humphrey
– Walter Mondale
– Al Gore
First Ladies
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Have an office and a staff, but are not government employees and do not receive a salary
Their role is whatever they decide it will be
Most have stayed with the traditional wife and mother role
– Address only “soft” issues of education, child welfare, etc.
A rare few have been strong figures
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Dolly Madison
Edith Wilson (though behind the scenes
Eleanor Roosevelt
Nancy Reagan (again behind the scenes)
Recent First Ladies
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Times have changed
Women now often have jobs instead of being housewives
Hillary Clinton – a successful attorney who earned more than her husband
Elizabeth Dole (wife of 2006 Republican candidate Bob Dole) was a former ambassador and head of
the Red Cross
At some point there will be a first husband.
Executive Privilege
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Presidential claim that they need to keep conversations and information confidential in order to get
the best advice
– Not allow close aides (White House Office or EOP) to testify before Congress
President Bush is not allowing Carl Rove to testify, earlier denied access to Condoleezza Rice when
she served as National Security Adviser
Has been used by presidents to cover up political embarrassments, even crimes
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During Watergate, Nixon refused to turn over his tapes on the grounds of executive privilege.
The Supreme Court has ruled that executive privilege does not extend to any conversations or
documents that may contain evidence of a crime.
Clinton Impeachment and Executive Privilege Restrictions
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Judge Starr – Independent Counsel selected by Republican Congress to investigate charges
Forced courts to remove executive privilege from
– While House counsel
– Secret Service Agents
Presidential Immunity
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Presidents largely immune from criminal and civil liability while in office
Can face criminal or civil charges once they leave office
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The reason is the separation of powers
Senators and Representative protected against law suits for what they say on the floor of Congress
And also from arrest on their way to, from or during a Congressional Session