AP GOVERNMENT
PRESIDENTIAL POWERS LECTURE
I.




Presidential Powers as Defined in the Constitution
Has not changed or been re-defined within Article II
22nd amendment limits terms is the only formal change
PRECEDENT has defined scope and extent
Art II-- short and vague
Vesting clause: Executive power shall be vested…
Commander in chief
 Affirmative grants include : treaties, appt. of judges and executive
officers, veto and pardon
 Responsibilities/Duties: faithful execution, state of union and
recommend laws
Checks: impeachment, 25th in case the president is incapacitated-- VP fills
vacancy-- and 2 terms
II.
Sources of power in Constitutional Interpretation
 President as a single unitary voice speaking for the people-- one
voice best to rest of the world vs. Congress as a majoritarian
institution -- difficult to act in times of crisis
 Is the vesting clause a description that grants title (passive)
Or a grant of power (active)?
GWB actions: US citizens held at GITMO as enemy combatants -Padilla, until released
 Perogative power in extraordinary times:-- "Lincoln's letter-- the
constitution is not a suicide pact, if the nation is at stake, the
president must act"
 FDR--1942 asks congress for revision of Milk Price supports-gave Congress 30 days to act before he exercised prerogative
III. Implied powers-- ambiguous/discretion-- "faithful execution clause
 Jackson 1st to veto on policy grounds rather than constitutional
grounds
 Implicit is pres power to protect citizens
PRESIDENTIAL POWER TO ACT IS DEPENDENT UPON RELATIONSHIP W/
CONGRESS ON SPECIFIC ISSUES



Strongest when power is given by Congress -- Invasion of
Afganistan
Less strong when Congress is silent on the issue
Weakest when Pres is acting on Const authority, but in opposition to
congress
Wilson Presidency Packet
The Nature of the Presidency-- only 16 world -wide 13 in Americas
Most Democracies give exec power to a PM
I.
Contrast w/ Parlimentary systems
 Presidents are often outsiders-- appeal to voters as outside of the
mess in Washington- Clinton, Carter, IKE

Cabinet members from Outside of Congress--close friends, aides,
reps of important constituencies (Problem?)

No majority in legislature--divided government often the case-electorally and further complicated by checks and balances (ex leak
investigation-- Only successful Presidential leaders-- LBJ, FDR

16/24 Elections 1952-2000-- divided-- bickering, policy paralysis,
gridlock
II.
Divided Government
research suggests that divided government about as effective as unified
ones on laws, investigations, and treaties
Reason: no such thing as unified government --divisions within parties,
built in conflict between Pres/Cong written in Congress (ex. Foreign policy)
Unified government only occurs when the same ideological wing controls
both branches of gov-Is that the case today?
American voters in fact support gridlock --1/4 of voters in elections vote
opposite parties in elections-- do voters split tickets deliberately?
Characteristics of rep democracy rather than direct democracy
Delays, compromises, requires coalitions,--
III.
CONCERNS OF THE FOUNDERS-- RE: Pres. Powers
"Make him too weak, the legislature will usurp his powers, make him too
strong, he will usurp the legislature" Morris
Choose position by voters-- created Electoral College
Each state decides selection process for electors-- no majority sends vote
to H of Reps-- each state gets one vote-- HEIGHTENES IMPACT OF STATES
ON NATIONAL POLITICS
Gives small states a minimum of 3 votes and large states impact of pop…
2 term tradition-- made constitutional by 22nd amendment--orderly transfer
of authority essential
IV.
EVOLUTION OF PRESIDENTIAL POWER
Jackson-- the tribune of the people-- vetoes based upon policy-- used
popular support to best advantage to oppose strong sectional interests in
Congress
Congressional Dominance (no-name Presidents, Polk, Cleveland, Harrison,
Taylor)-- Country closely divided
Lincoln-- received less than 40 % of popular vote-- used inherent or implied
powers--under faithful execution clause-- army, $$$ blockade ports,
suspend writ/issue Emancipation Proclamation all without congressional
approval
Congressional Dominance--after Lincoln until T Roosevelt and W. Wilson
and FDR
(pres was a negative force--little more than veto bills-- no initiative or
leadership
Wilson first to deliver personally the State of the Union
Only crisis or extraordinary personality made presidential power equal to
the Congress
CONGRESS PROPOSES-- PRESIDENT DISPOSES-- RELATIONS
BETWEEN THE TWO INVOLVE BARGAINING AND STRUGGLE FOR
CONTROL
PERCEPTION TODAY OF PRESIDENTIAL POWER-- expanded due to
 Role as CHIEF DIPLOMAT-- treaties, and trade agreements -- global
economy

Role as COMMANDER IN CHIEF--- national security/military control
CONSTITUTIONAL QUALIFICATIONS-- (native born, 35, resident 14 years)
V.
PRES POWER-AS COMMANDER IN CHIEF-- HAS GROWN TO MEAN NOT JUST
MANAGEMENT OF THE MILITARY, BUT THE ECONOMY AND FOREIGN
AFFAIRS AS WELL
Implications of Nuclear Weapons Control
Executive orders to break labor strikes or send troops to enforce
integration-Power greatest when in Congress approves of policy
Power significant when acting w/ approval of the Senate (treaties, appts)
Power weakest when in opposition to Congress
GREATEST SOURCE OF PRESIDENTIAL POWER IS IN POLITICS AND
PUBLIC OPINION---- PUBLIC BELIEVES PRESIDENCY IS 1ST BRANCH OF
GOVT
VI.
STRUCTURE OF THE EXECUTIVE BRANCH
Rule of propinquity: decisions get made by the people in the room
Leadership styles -- pyramid, circular or ad hoc
Advantages and disadvantages-Pyramid: Order vs isolation
Circular: too much information--confusion/conflict among staff
ADHOC-- innovation and efficiency--but risks cutting pres off from govt
officials who must implement policies
Executive Office of the President
OMB, CIA, CEA, OPM, Trade
OMB analyzes and holds accountable-- recently-- suggests policy rather
than just analyzing it
Cabinet-- heads of 14 major departments-- appt by Pres-- most prestigious- Confirmed by Senate--
Defense, VA, Treasury, Justice, AG, Transportation, Interior, HHS,
Commerce, State, HUD, Labor, Energy, ED,
 Pres struggles w/ Congress for control of bureaucracy-- Heads most
time spent dealing directly w/ departmental business-- becomes the
representative of the dept to the Pres-- not the other way around


EXECUTIVE AGENCIES SERVE AT THE PLEASURE OF THE
PRESIDENT-- ex. NASA (may be removed any time)
INDEPENDENT AGENCIES SERVE FOR FIXED TERMS-- CONFIRMED
BY THE SENATE AND MAY BE REMOVED ONLY FOR CAUSE-- (ex.
Fed Reserve Board 14 year terms)
Pres may get around an unpopular appointment using loophole:-Appointees may serve 120 days w/o confirmation And stay in office until
the Senate acts.


Sources of Executive Appointments: Recent appts suggest
Adminstrative experience or expertise in field-- because of the
weakness of political parties and the need for "experts"
think tanks, foundations, business, universities-- people
ideologically similar- 85% have prior govt experience--
"in and outers" move between business and govt positions
Features of the appointment process:
THE LONG ORDEAL-RAPID TURNOVER-THE SENATE GAME--
VII.
background checks-- personal, professional life
Median service 2.1 years (except judges)
favors, logrolling, concessions
Character:
History judges presidential effectiveness in terms of accomplishments as
well as character traits-Decision making style-- rapport w/ public and media
Positions as ceremonial leader of entire nation and chief executive-- he can
use national constituency and ceremonial duties to enlarge powers-- first 2
years must work quickly to establish priorities---- next, re-election
VIII.
AUDIENCES AND INFLUENCE
Must have influence within the beltway: DC---- reputation among
colleagues will determine deference and power
Party Activists---- Partisan grassroots-- outside DC-- ideological positions
into policy-- (also source of fund raising)
The Public-- Many publics-- different views and interests--every word is
scrutinized for detail-- few impromptu remarks -- speeches and press
conferences are medium
INFLUENCE
Decline of COATTAILS INFLUENCE IN OFF YEAR ELECTIONS-Congressional elections insulated from presidential ones because of
weakening party loyalty and ability of members to build relations with
constituents as incumbent
PRES PERSONAL POPULARITY RATINGS MAY HAVE IMPACT ON HOW
MUCH OF HIS PROGRAM IS PASSED
Hard to measure "presidential victories"-- factors:
Successful on one big bill ?
Stand on controversial measures-- usually will stay neutral
May appear successful if a few bills he likes are passed even though most
remain bogged down in congress
Popularity ratings are hard to predict
Honeymoon period-- right after election-- first 100 days-- election success
gives him a mandate to push Congress on policy initiatives
PRESIDENTIAL POPULARITY "DECAYS" IN MIDTERM AND 2ND TERM
IX.
THE RIGHT TO DENY--VETO/ EXECUTIVE PRIVILIGE/IMPOUNDMENT

Veto Message-- sent to congress along with the bill within 10 days of
passage
Pocket- Veto-- If president does not sign w/in 10 days and Congress
adjourned in that time-- the bill will not become law
OF 2500 vetos, only 4% have been over-ridden
Line- item veto-- unconstitutional-- for president-- reserve d for many
governors

Executive privilege: 2 reasons for claim--confidentiality of
communications within staff and subordinates
-- separation of powers implies that one branch of gov does not have the
right to inquire into the internal workings of another branch
Nixon claim-- unsuccessful-- need for production of evidence in a criminal
proceeding outweighed need for confidentiality of documents
Clinton claim-- absent need to protect national security-- evidence must be
given when subpoened

Budget Reform Act of 1974 -- Pres must notify Congress of intent to
impound funds within 45 days-- if he refuses to spend money,
Congress may pass a resolution that demands release.
X.
PRESIDENTIAL PROGRAMS
Sources of information: interest gps, aides/campaign advisors,
bureaus/agencies, or outside academic or specialists
2 possible development procedures-- have a policy on everything (Clinton)
or concentrate on 3 or 4 major initiatives (Reagan)
Use Media to gauge by "leak" or "float a trial balloon"
Constraints:
Time and attention span (90 hr work weeks)
Unexpected crisis
Fed programs can only be changed marginally
How to look at polls to determine the will of the majority:
Competing interests: Trustee-- what the public good requires or Delegate-what your constituency demands
REORGANIZATION ATTEMPTS:
Homeland security department-- 3rd largest department-- Coast Guard,
FEMA, INS-- requires congressional approval
XI.
Presidential Succession



Vice-President next in line-- only official job is to preside over Senate
and vote if there is a tie
Speaker of the House to Pres Pro Tempore of the Senate-Cabinet members from order of creation
25th Amendment-- Succession--if Pres is unable to discharge duties-- letter
to Congress indicates problem and allows VP to serve as Acting President- or if VP and 2/3 of Cabinet declare Pres is incapicated
Impeachment-- House of Reps considers evidence of "high crimes or
misdemeanors" votes to impeach (indictment process)
Senate acts as a trial-- must have 2/3 vote to remove from office
XII.



Rules of Thumb for dealing w/ Political Problems
Move it or lose it-- Must act early in first term
Avoid details--delegate and focus on 3 or 4 priorities
Use trusted and qualified subordinates to work for you-- Cabinet will
not be useful as an operational group