The Presidency
Congress and the President
http://www.thedailyshow.com/watch/tue-june-12-2012/guantanamo-baywatch
http://www.thedailyshow.com/videos/tag/Guantanamo%20Baywatch
Playing up the Press/Constituency – President as Party Leader
http://www.youtube.com/watch?v=ZlJG5mpsyvI
http://www.youtube.com/watch?v=16ZKO0uRr6Q
Impeachment:
http://channel.nationalgeographic.com/channel/videos/clinton-impeachment/
* must watch ahead and know what to skip
 Who Can Become President?
o The delegates, after much debate, created a chief executive who had enough powers
granted in the Constitution to balance those of Congress.
o The requirements for becoming president are outlined in Article II, Section I, of the
Constitution.
 Must be a natural born citizen
 Must be at least 35 years old
 Been a resident for 14 years within the United States
o The most common previous occupation of presidents in this country has been the legal
profession. Out of 43 presidents, 26 have been lawyers, and many have been wealthy.
o The average age at inauguration has been 54.
 John F. Kennedy, at the age of 43, was the youngest elected president, and the
oldest was Ronald Reagan, at age 69.
o All have been male, white, and Protestant, except JFK & Obama
o Presidents have been men of great stature – such as George Washington – and men in
whom leadership qualities were not so pronounced – such as Warren Harding
 The Process of Becoming President
o Major and minor political parties nominate candidates for president and vice president
at national conventions every four years.
o The nation’s voters do not elect a president and vice president directly but rather cast
ballots for presidential electors, who then vote for president and vice president in the
Electoral College.
o It is possible to become president without having the plurality of the popular vote cast
→ three cases, candidates won elections even though their major opponents received
more popular votes.
o No president has won a majority of votes from the entire voting-age population.
o On occasion, the Electoral College has failed to give any candidate a majority. At this
point, the election is thrown into the House of Representatives. The president is then
chosen from among the three candidates having the most electoral votes. Only two
times in our past has the House had to decide on a President (1800 and 1824).
o This demonstrated “Indirect Democracy” and Congress’s distrust of democracy
o In 1804, the 12th amendment clarified that the president and vice president be chosen
separately.
 The Many Roles of the President
o “vesting clause” Article II section I
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o The Constitution speaks briefly about the duties and obligations of the president. Based
on a brief list of powers and the precedents of history, the presidency has grown into a
very complicated job that requires balancing at least 5 constitutional roles. It is worth
noting that one person plays all of these roles simultaneously and that the needs of these
roles may at times come into conflict. These are:
 Chief of State – ceremonial head of state – as chief of state, the president engages
in a number of activities that are largely symbolic or ceremonial, such as the
following:
 Decorating war heroes
 Throwing out the first ball to open the baseball season
 Dedicating parks and post offices
 Receiving visiting chiefs of state at the White House
 Going on official state visits to other countries
 Making personal telephone calls to astronauts
 Representing the nation at times of national mourning, such as after the
1998 bombing of two American embassies in Africa.
o Being chief of state gives the president tremendous public exposure,
which can be an important asset in a campaign for reelection.
o When that exposure is positive, it helps the president deal with
Congress over proposed legislation and increases the chances of
being reelected – or getting the candidates of the president’s party
elected.
 Chief Executive – the president is constitutionally bound to enforce the acts of
Congress, the judgments of federal courts, and treaties signed by the United
States.
 To assist in the various tasks of the chief executive, the president has a
federal bureaucracy, which currently consists of about 2.8 million federal
civilian employees.
 The Powers of Appointment and Removal
o The president only nominally runs the executive bureaucracy, for
most government positions are filled by civil service employees.
o Even though the president has appointment power, it is not very
extensive, being limited to cabinet and sub-cabinet jobs, federal
judgeships, agency heads, and about 2000 lesser jobs.
o This means that most of the 2.8 million federal employees owe no
political allegiance to the president. They are more likely to owe
loyalty to congressional committees or to interest groups
representing the sector of society that they serve.
o The president’s power to remove from office officials who are not
doing a good job or who do not agree with the president is not
explicitly granted by the Constitution and has been limited.
 There are 10 agencies whose directors the president can
remove at any time. These agencies include:
 The Arms Control and Disarmament Agency
 The Commission on Civil Rights
 The Environmental Protection Agency
 The General Services Administration
 The Postal Service
 The Small Business Administration
 All heads of cabinet departments
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 All individuals in the Executive Office of the President
 All political appointees
 The Power to Grant Reprieves and Pardons – Section 2 of Article II of the
Constitution gives the president the power to grant reprieves and pardons
for offenses against the United States except in cases of impeachment.
o All pardons are administered by the Office of the Pardon Attorney
in the Department of Justice. In principle, pardons are granted to
remedy a mistake made in a conviction.
o The Supreme Court upheld the president’s power to grant reprieves
and pardons in a 1925 case concerning the pardon granted by the
president to an individual convicted of contempt of court.
 The judiciary contended that only judges had the authority to
convict individuals for contempt of court when the court
orders were violated and that the courts should be free from
interference by the executive branch.
 The Supreme Court simply stated that the president could
grant reprieves or pardons for all offenses “either before
trial, during trial, or after trial, by individuals, or by classes,
conditionally or absolutely, and this without modification or
regulation by Congress.”
Commander in Chief – according to the constitution, the president is the
commander in chief of the Army and Navy. In other words, the armed forces are
under civilian, rather than military, control.
 The president is the ultimate decision maker in military matters. Only the
president has the power to order the use of nuclear force.
 Constitutionally, Congress has the sole power to declare war, but the
president can send the armed forces into a country in situations that are
certainly equivalent of war.
 In an attempt to gain more control over such military activities, in 1973
Congress passed the War Powers Resolution – over President Nixon’s
veto – requiring that the president consult with Congress when sending
American forces into action.
o Once they are sent, the president must report to Congress within 48
hours. Unless Congress approves the use of troops within 60 days
or extends the 60 day time limit, the forces must be withdrawn.
o In spite of the War Powers Resolution, the powers of the president
as commander in chief are more extensive today than they were in
the past.
o These powers are linked closely to the president’s powers as chief
diplomat, or chief crafter of foreign policy.
Chief Diplomat – the constitution gives the president the power to recognize
foreign governments; to make treaties, with the advice and consent of the Senate;
and to make special agreements with other heads of state that do not require
congressional approval.
 In addition, the president nominates ambassadors.
 As chief diplomat, the president dominates American foreign policy, a role
that has been supported numerous times by the Supreme Court.
 Diplomatic Recognition or the power to recognize – or refuse to recognize
– foreign governments.
o In the role of ceremonial head of state, the president has always
received foreign diplomats. In modern times the simple act of
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receiving a foreign diplomat has been equivalent to accrediting the
diplomat and officially recognizing his or her government.
o Such recognition of the legitimacy of another country’s government
is a prerequisite to diplomatic relations or negotiations between
that country and the United States.
o Deciding when to recognize a foreign power is not always simple.
 Proposal and Ratification of Treaties – the president has the sole power to
negotiate treaties with other nations. These treaties must be presented to
the Senate, where they may be modified and must be approved by a 2/3
vote. After ratification, the President can approve the senatorial version of
the treaty.
o The president may decide to withdraw a treaty if senatorial changes
are too extensive.
 Executive Agreements – presidential power in foreign affairs is enhanced
greatly by the use of executive agreements made between the president
and other heads of states.
o Such agreements do not require Senate approval, although the
House and Senate may refuse to appropriate the funds necessary to
implement them.
o Whereas treaties are binding on all succeeding administrations,
executive agreements are not binding without each new president’s
consent.
o Among the advantages of executive agreements are speed and
secrecy. The former is essential during a crisis; the latter is
important when the administration fears that open senatorial
debate may be detrimental to the best interests of the United States
or the interests of the president.
o There have been far more executive agreements (about 9000) than
treaties (about 1300).
o Many executive agreements contain secret provisions calling for
American military assistance or other support
Chief Legislator -- Constitutionally, presidents must recommend to Congress
legislation that they judge necessary and expedient.
 In modern times, the president has played a dominant role in creating the
congressional agenda → State of the Union Message which is required
by the Constitution (Article II, Section 3) and is usually given in late
January shortly after Congress reconvenes, the president as chief legislator
presents his program.
 The message gives a broad, comprehensive view of what the president
wishes the legislature to accomplish during its session.
 It is as much a message to the American people and to the world as it is to
Congress.
 Its impact on public opinion can determine the way in which Congress
responds to the president’s agenda.
 Getting Legislation Passed - the president can propose legislation, but
Congress is not required to pass any of the administration’s bills. How,
then does the president get those proposals made into law?
o One way is by exercising the power of persuasion -- the president
writes to, telephones, and meets with various congressional leaders;
makes public announcements to force the weight of public opinion
onto Congress in favor of a legislative program; and as head of the
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party, exercises legislative leadership through the congresspersons
of the president’s party
 Saying No to Legislation – the president has the power to say no to
legislation through the use of the veto, by which the White House returns a
bill unsigned to Congress with a veto message attached.
o Because the Constitution requires that every bill passed by the
House and the Senate be sent to the president before it becomes
law, the president must act on each bill:
 If the bill is signed, it becomes law
 If the bill is not sent back to Congress after 10 congressional
working days, it becomes law without the president’s
signature
 The president can reject the bill and send it back to Congress
with a veto message setting forth objections. Congress then
can change the bill, hoping to secure presidential approval
and re-pass it. Or it can simply reject the president’s
objections by overriding the veto with a 2/3 roll-call vote of
the members present in each house.
 If the president refuses to sign the bill and Congress
adjourns within 10 working days after the bill has been
submitted to the president, the bill is killed for that session
of Congress. If Congress wishes the bill to be reconsidered,
the bill must be reintroduced during the following session.
This is called a pocket veto.
 Line-Item Veto – Reagan lobbied for Congress to give another tool to the
president – the line-item veto. In 1996, Congress passed a law providing
for the line-item veto (the power to veto individual lines or items within a
piece of legislation without vetoing the entire bill).
o The act was challenged in Court as an unconstitutional delegation
of legislative powers to the executive branch.
o In 1998, the Supreme Court agreed and overturned the act. The
Court stated that “there is no provision in the Constitution that
authorizes the president to enact, to amend or to repeal statutes.”
 Congress’s Power to Override Presidential Vetoes – a veto is a clear-cut
indication of the president’s dissatisfaction with congressional legislation.
Congress can override a presidential veto – 2/3 of the members of both
houses who are present can vote to override the president’s veto in a rollcall vote.
 Measuring the Success or Failure of a President’s Legislative Program –
one way of determining a president’s strength is to evaluate that
president’s success as chief legislator. A strong president may be one who
has achieved much of the administration’s legislative program; a weak
president has achieved little.
o Other Presidential Powers
 The powers of the president above are called constitutional powers, because
their basis lies in the Constitution.
 Congress has established by law, or statute, numerous other presidential powers
– such as the ability to declare national emergencies. These are called statutory
powers.
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Both constitutional and statutory powers have been labeled the expressed
powers of the president, because they are expressly written in the Constitution
or into law.
Presidents also have what have come to be known as inherent powers. These
depend on the loosely worded statement in the Constitution that “the executive
power shall be vested in a president” and that the president should “take care that
the laws be faithfully executed.” The most common example of inherent powers
are those emergency powers invoked by the president during wartime.
 Executive Orders “take care clause”
 Draft an Army
 Create Foreign Policy
 Unitary Executive: having power over ind. agencies
 The President as Party Chief and Superpolitician
o The President as Chief of Party -- As a party leader, the president chooses the national
committee chairperson and can try to discipline party members who fail to support
presidential policies.
 One way of exerting political power within the party is by patronage –
appointing individuals to government or public jobs.
 The most important role that the president played for his party in the late 1990s
and early 2000 was that of fund-raiser. Because of the ability of political parties
to accept unregulated contributions in the form of “soft money”, the president is
able to raise large amounts of money for the political party through appearances
at dinners, speaking engagements, and other social occasions.
 The president may make it known that a particular congressperson’s choice for
federal judge will not be appointed unless that member of Congress is more
supportive of the president’s legislative program.
 The president may agree to campaign for a particular program or for a particular
candidate.
 Presidents also reward loyal supporters in congress with funding for local
projects, tax breaks for regional industries, and other forms of “pork.”
o Constituencies and Public Approval -- Presidents have many constituencies. In
principle, they are beholden to the entire electorate – the public of the United States –
even to those who did not vote.
 They are beholden to their party constituencies because its members put them in
office.
 The president’s constituencies also include members of the opposing party whose
cooperation the president needs.
 The president has to take into consideration a constituency that has come to be
called the Washington Community. This community consists of individuals
who – whether in or out of political office – are intimately familiar with the
workings of government, thrive, gossip, and measure on a daily basis the political
power of the president.
 The presidential preoccupation with public opinion has been criticized by at least
one scholar as changing the balance of national politics.
 Since the early 20th century, presidents have spoken more to the public
and less to congress.
 In the 19th century, on 7% of presidential speeches were addressed to the
public
 Since 1900, 50% have been addressed to the public.
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Samuel Kernell has proposed that the style of presidential leadership has
changed since WWII, owing partly to the influence of television.
Presidents frequently go over the heads of Congress and the political elites, taking
their cases directly to the people. This strategy, which Kernell dubbed “going
public,” gives the president additional power through the ability to persuade and
manipulate public opinion.
 Special Uses of Presidential Power
o Presidents have at their disposal a variety of special powers and privileges not available
in other branches of the U.S. government.
 Emergency Powers – an inherent power exercised by the president during a
period of national crisis, particularly in foreign affairs.
 The Supreme Court has indicated that an “emergency does not create
power.”
 Executive Orders – a rule or regulation issued by the president that has the effect
of law. These executive orders can do the following:
 Enforce legislative statutes
 Enforce the Constitution or treaties with foreign nations
 Establish or modify rules and practices of executive administrative
agencies
o An executive order represents the president’s legislative power. The
only requirement is that under the Administrative Procedure
Act of 1946, all executive orders must be published in the
Federal Register, a daily publication of the U.S. government.
o Executive orders have been used to establish some procedures for
appointing non-career administrators, to implement national
affirmative action regulations, to restructure the White House
bureaucracy, to ration consumer goods and to administer wage and
price controls under emergency conditions, to classify government
information as secret, and to regulate the export of restricted items.
 Executive Privilege – another inherent executive power that has been claimed by
presidents concerns the ability of the president and the president’s executive
officials to refuse to appear before, or to withhold information from, Congress, or
the courts. It relies on the constitutional separation of powers for its basis.
 Critics of executive privilege believe that it can be used to shield from
public scrutiny actions of the executive branch that should be open to
Congress and to the American public.
 Limits to executive privilege went untested until the Watergate affair in
the early 1970s.
o United States v. Nixon (1974) – the Supreme Court unanimously
ruled that Nixon could not claim executive privilege in handing over
the tapes. The Court held that executive privilege could not be used
to prevent evidence from being heard in criminal proceedings.
 Impoundment of Funds – by law, the president proposes a budget, and Congress
approves it. But there is no provision in the Constitution that requires the
president, as chief executive, to spend all of the funds appropriated by Congress,
and many presidents prior to the 1070s did not do so.
 The question of whether a president is required to spend all appropriated
funds came to a head during Nixon’s presidency. He vetoed appropriation
bills, Congress often overrode his veto. In retaliation, Nixon refused to
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spend the appropriated funds, claiming he wanted to reduce overall
federal spending.
The Supreme Court in 1975 unanimously ruled that the president had to
spend money appropriated by Congress because of his constitutional
obligation to “take care that the laws be faithfully executed.”
 Abuses of Executive Power and Impeachment
o Articles I and II of the Constitution authorize the House and the Senate to remove the
president, the vice president, or other civil officers of the United States for crimes of
“treason, bribery, or other high crimes and misdemeanors.”
 Impeachment process begins in the House, which impeaches (accuses) the
federal officer involved. If the House votes to impeach the officer, it draws up
articles of impeachment and submits to the Senate, which conducts the actual
trial. If a president is impeached, the Supreme Court Chief Justice hears the case.
 In the history of the U.S. no president has been impeached and also convicted.
 President Andrew Johnson, who became president after the assassination
of Abraham Lincoln, was seen as too lenient to the southern states after
the Civil War by the Radical Republicans. He was impeached by the
House, but not convicted by the Senate
 President Richard Nixon was going to be impeached, but before the House
could vote to impeach, he resigned.
 Bill Clinton was the second president to be impeached, but was not
convicted by the Senate.
 The Executive Organization
o It was not until 1857 that Congress authorized a private secretary for the president, to be
paid by the federal government
o At the beginning of Franklin Roosevelt’s long tenure in the White House, the entire staff
consisted of 37 employees. It was not until the New Deal and WWII that the
presidential staff became a sizeable organization.
o Today, the executive organization includes a White House Office staff of about 600.
o The more than 350 employees who work in the White House Office itself are closest to
the president. They often include many individuals who worked in the president’s
campaign. These assistants are most concerned with preserving the president’s
reputation.
o The Cabinet – Although the Constitution does not include the word cabinet, it does state
that the president “may require the opinion, in writing, of the principal officer in each of
the executive departments.”
 Originally the cabinet consisted of only four officials – the secretaries of state,
treasury, and war, and the attorney general (see p. 454, 456, 457).
 Because neither the Constitution nor statutory law requires the president to
consult with the cabinet, its use is purely discretionary. Some presidents have
relied on the counsel of their cabinets more than others.
 In general, few presidents have relied heavily on the advice of their cabinet
members.
 Often, a president will use a kitchen cabinet to replace the formal cabinet as a
major source of advice. A kitchen cabinet is a very informal group of advisors,
who usually are friends of the president with whom the president worked before
being elected.
 Often, the departmental heads are more responsive to the wishes of their own
staffs or to their own political ambitions than they are to the president.
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There is often a strong conflict of interest between presidents and their cabinet
members. It is likely that formal cabinet meetings are held more out of respect
for the cabinet tradition than for their problem-solving value.
o The Executive Office of the President – When President Franklin Roosevelt appointed a
special committee on administrative management, he knew that the committee would
conclude that the president needed help. Congress created the Executive Office of
the President (EOP) to provide staff assistance for the chief executive and to help
coordinate the executive bureaucracy.
 Several of the offices within the EOP are especially important, including the
White House Office, the Council of Economic Advisors, the Office of Management
and Budget, and the National Security Council. These agencies are as follows:
 White House Office (1939)
 One of the most important of the agencies within the EOP, which includes
most of the key personal and political advisors to the president.
 Among the jobs held by these aides are those of legal counsel to the
president, secretary, press secretary, and appointments secretary.
 Often, the individuals who hold these positions are recruited from the
president’s campaign staff.
 The Chief of Staff is responsible for coordinating the office, is one of the
president’s chief advisors.
 The appointments secretary is able to grant or deny senators,
representatives, and cabinet secretaries access to the president.
 The press secretary grants to the press and television journalists access
to any information about the president.
 Council of Economic Advisors (1946)
 The Employment Act of 1946 created a three-member Council of
Economic Advisors (CEA) to advise the president on economic
matters.
 The council’s advice serves as the basis for the president’s annual
economic report to Congress.
 Each of the three members is appointed by the president and can be
removed at will.
 In principle, the CEA was also created to advise the president on economic
policy, but for the most part the function of the CEA has been to prepare
the annual report.
 National Security Council (NSC) (1947)
 The NSC is a link between the president’s key foreign and military advisers
and the president.
 Its members consist of the president, vice president, and the secretaries of
state and defense, plus other informal members.
 The NSC has the resources of the National Security Agency (NSA) at its
disposal in giving counsel to the president.
 The NSA protects U.S. government communications and produces foreign
intelligence information. Included in the NSC is the president’s special
assistant for national security affairs.
 Office of the United States Trade Representative (1963)
 Council on Environment Quality (1969)
 Office of Management and Budget (OMB) (1970)
 Was originally the Bureau of the Budget, which was created in 1921 within
the Department of the Treasury.
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It is headed by a director, who must make up the annual federal budget
that the president presents to Congress each January for approval.
 In principle, the director of the OMB has broad fiscal powers in planning
and estimating various parts of the federal budget, because all agencies
must submit their proposed budget to the OMB for approval.
Office of Science and Technology Policy (1976)
Office of Administration (1977)
Office of National Drug Control Policy (1988)
Office of Policy Development (1993)
 The Vice Presidency
o The Constitution does not give much power to the vice president. The only former duty
is to preside over the Senate – which is rarely necessary.
o The Vice President’s Job
 Vice presidents have traditionally been chosen by presidential nominees to
balance the ticket to attract groups of voters or appease party factions.
 In recent presidential elections, vice presidents have been selected for other
reasons.
 Vice presidents infrequently have become elected presidents in their own right.
 The job of the vice president is not extremely demanding, even when the
president gives some specific task to the vice president.
 Typically, vice presidents spend their time supporting the president’s activities.
o Presidential Succession
 Eight vice presidents have become president because of the death of the
president.
 What should a vice president do if a president becomes incapable of carrying out
necessary duties while in office?
 This question was not addressed in the original Constitution. Article II
Section I says that only that “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.”
 There have been many instances of presidential disability.
 In 1967, the 25th amendment was passed, establishing procedures in
case of presidential incapacity.
o The Twenty-Fifth Amendment – when the president believes that he is incapable of
performing the duties of office, he must inform Congress in writing.
 Then, the vice president serves as acting president until the president can resume
his normal duties.
 When the president is unable to communicate, a majority of the cabinet,
including the vice president, can declare that fact to Congress.
 Then the vice president serves as acting president until the president resumes his
normal duties.
 If a dispute arises over the return of the president’s ability to discharge his
normal functions, a 2/3 vote of Congress is required to decide whether the vice
president shall remain acting president or whether the president shall resume his
duties.
o When the Vice Presidency Becomes Vacant – the 25th amendment also addresses the
issue of how the president should fill a vacant vice presidency.
 Section 2 of the amendment simply states, “whenever there is a vacancy in the
office of the Vice President, the President shall nominate a Vice President who
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shall take office upon confirmation by a majority vote of both houses of
Congress.”
This occurred in 1973 when Nixon’s vice president Spiro Agnew resigned. Nixon
nominated Gerald Ford to replace him.
In 1974, when Nixon resigned, Ford became president and Ford nominated
Nelson Rockefeller as vice president.
 For the first time in the history of the country, both the president and the
vice president were individuals who were not elected to their positions.
The question of who shall be president if both the president and vice president
die is answered by the Succession Act of 1947. If the president and vice
president die, resign, or are disabled, the speaker of the House will act as
president, after resigning from Congress. Line of Succession is as follows:
 Vice president
 Speaker of the House
 Senate president pro tempore
 Secretary of State
 Secretary of the Treasury
 Secretary of defense
 Attorney General
 Secretary of the interior
 Secretary of agriculture
 Secretary of commerce
 Secretary of labor
 Secretary of health and human services
 Secretary of housing and urban development
 Secretary of transportation
 Secretary of energy
 Secretary of education
 Secretary of veterans affair
E. The first presidents
1. Office legitimated by men active in independence and Founding politics
2. Minimal activism of early government contributed to lessening fear of the presidency
3. Appointed people of stature in the community (rule of fitness)
4. Relations with Congress were reserved; few vetoes; no advice
F. The Jacksonians
1. Jackson believed in a strong and independent president
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2. Vigorous use of veto for policy reasons; none overridden
G. The reemergence of Congress
1. With brief exceptions the next hundred years was a period of congressional dominance
2. Intensely divided public opinion-partisanship, slavery, sectionalism
3. Only Lincoln expanded presidential power
a. Asserted "implied powers" and commander in chief
b. Justified by emergency conditions created by Civil War
The Supreme Court rejected Lincoln's emergency powers rationale for exercising power beyond the
president's constitutional authority. In Ex Parte Milligan (1866), the Court declared that "the
Constitution of the United States is a law for rulers and people, equally in war and in peace."
4. President mostly an opposing force to Congress until New Deal
5. Popular conception of president as center of government contradicts reality; Congress often policy
leader
III. The powers of the president
A. Formal powers found in Article II
1. Not a large number of explicit powers
2. Potential for power found in ambiguous clauses of the Constitution-e.g., power as commander in
chief, duty to "take care that laws be faithfully executed"
B. Greatest source of power lies in politics and public opinion
1. Increase in broad statutory authority, especially since 1930s
2. Expectation of presidential leadership from the public
The public's perception that presidential power is vast should not be exaggerated. In a 1990 survey,
31 percent believed that the Supreme Court was more powerful than the president (21 percent
endorsed the opposite position).
IV. The office of the president
A. The White House Office
1. Contains the president's closest assistants
2. Three types of structure, often used in combination
a. Pyramid
b. Circular
c. Ad hoc
3. Staff typically worked on the campaign; a few are experts
B . Executive Office of the President
1. Composed of agencies that report directly to the president
2. Appointments must receive Senate confirmation
3. Office of Management and Budget among the most important
a. Assembles the budget
b. Develops reorganization plans
c. Reviews legislative proposals of agencies
C. The cabinet
1. Not explicitly mentioned in Constitution
The term "cabinet" was coined by a journalist during the administration of George Washington.
2. President can appoint fewer than 1 percent of employees in most departments
3. Secretaries become preoccupied and defensive about their own departments
D. Independent agencies, commissions, and judgeships
1. President appoints members of agencies that have a quasi-independent status
2. In general, independent agency heads can be removed only "for cause" and serve fixed term;
executive agency heads serve at the president's pleasure, though their appointments must be
confirmed by the Senate
3. Judges can be removed only by impeachment
V. Who gets appointed
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A. President knows few appointees personally
B. Most appointees have had federal experience
1."In-and-outers"-alternate federal and private sector jobs
C. Need to consider groups, regions, and organizations when making appointments
D. Rivalry between department heads and White House staff
VI. Presidential Character
A. Eisenhower-orderly
B. Kennedy-improviser
C. Johnson-deal maker
D. Nixon--mistrustful
E. Ford-genial
F. Carter-outsider
G. Reagan-communicator
H. Bush-hands-on manager
I . Clinton-focus on details
VII. The power to persuade
A. Formal opportunities for persuasion
B. The three audiences
1. Fellow politicians and leaders in Washington, D.C.-reputation very important
2. Party activists and officials outside Washington
3. The various publics
C. Popularity and influence
Presidents usually enjoy a temporary surge in popularity following a national crisis, even disasters
like the Bay of Pigs (President Kennedy) and the hostage rescue mission in Iran (President Carter).
This phenomenon is known as the rally-round-the-flag syndrome. However, recent scholarship has
identified numerous exceptions to this rule.
1. Presidents try to transform popularity into congressional support for their programs
2. Members of Congress believe it is politically risky to challenge a popular president
3. Little effect of presidential coattails
D. The decline in popularity
1. Popularity highest immediately after an election
2. Declines by midterm
VIII. The power to say no
A. Veto
1. Veto message
2. Pocket veto (only before Congress adjourns at the end of its second session)
3. Congress rarely overrides vetoes; no line-item veto
4. 1996 reform permits enhanced recissions, though its constitutionality is uncertain
B. Executive privilege
Wide variations exist in the use of executive privilege. President Eisenhower asserted the claim
forty-four times, whereas Kennedy and Johnson did so only twice each. Nixon cited privledge in
refusing to hand over the Watergate tapes and recently the Supreme Court ruled against Bill
Clinton. Clinton has claimed that he did not have to go before a Federal Grand Jury while sitting as
President.
1. Confidential communications between president and advisers
2. Justification
a. Separation of powers
b. Need for candid advice
3. U.S. v. Nixon (1973) rejected claim of absolute executive privilege
C. Impoundment of funds
1 . Defined: presidential refusal to spend funds appropriated by Congress
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2. Countered by Budget Reform Act of 1974
a. Requires president to notify Congress of funds he does not intend to spend
b. Congress must agree in 45 days to delete item
c. Requires president to notify Congress of delays in spending
d. Congress may pass a resolution requiring the immediate release of funds
IX. The president's program
A. Putting together a program
The preparation of a presidential program was not institutionalized until the administration of
Franklin Roosevelt. When Eisenhower assumed office, he failed to submit a program in the belief
that initiating legislation was a congressional responsibility. Congress finally requested the
president to forward his policies for action.
1 . President can try to have a policy on everything (Carter)
2. President can concentrate on a small number of initiatives (Reagan)
3. Constraints
a. Public and congressional reaction may be adverse
b. Limited time and attention span of the president
c. Unexpected crises
d. Programs can be changed only marginally
B. Attempts to reorganize
When Congress rebuffed President Nixon's proposal to streamline executive departments, Nixon
attempted to institute the reorganization by establishing a few "superdepartments" and having
certain secretaries assume supervision over several departments. Watergate intervened.
1. Reasons for reorganizing
a. Large number of agencies
b. Easier to change policy through reorganization
2. Reorganization outside the White House staff must be by law
X. Presidential succession
A. Only fourteen of forty-one presidents have served two terms
B. The vice president
1. Eight vice presidents have succeeded to office on president's death
To avoid a succession calamity, the Secret Service insists that one member of the cabinet should be
absent when the president delivers the State of the Union message. Since all high-ranking members
of the administration attend, the possibility exists that the entire line of presidential succession could
be wiped out by an act of terrorism.
2. Rarely are vice presidents elected president
a. Unless they first took over for a president who died
b. Only five instances otherwise: Adams, Jefferson, Van Buren, Nixon, Bush
Both John Adams and Thomas Jefferson were vice presidents prior to the adoption of the Twelfth
Amendment, which provided for the election of a single ticket to the top executive offices (president
and vice president). Adams and Jefferson, therefore, had no official party connection to the
president.
3. "A rather empty job"
a. Candidates still pursue it
b. Vice president presides over Senate and votes in case of tie
c. Leadership powers in Senate are weak
C. Problems of succession
1. What if president falls ill?
a. Examples: Garfield, Wilson, Eisenhower, Reagan
2. If vice president steps up, who becomes new vice president?
a. Succession Act (1886): designated secretary of state as next in line
b. Amended in 1947 to designate Speaker of the House
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3. Twenty-fifth Amendment (1967) resolved both issues
a. Allows vice president to serve as acting president if president is disabled
(1) Decided by president, by vice president and cabinet, or by two thirds vote of Congress
President Reagan was the first president to use the incapacity provision of the Twenty fifth
Amendment. While in the hospital to have an intestinal tumor removed, Reagan signed a statement
allowing the then vice president, George Bush, to exercise power "in my stead commencing with the
administration of anesthesia to me in this instance." However, Reagan never formally mentioned
compliance with the Twenty-fifth Amendment.
b. Requires vice president who ascends to office on death or resignation of president to name a vice
president
(1) Must be confirmed by majority vote of both houses
(2) Examples: Agnew's and Nixon's resignations
D. Impeachment
1. Judges, not presidents, most frequent objects of impeachment
2. Indictment by the House, conviction by the Senate
a. Examples: Andrew Johnson, Richard Nixon (pre-empted by resignation), Clinton
XI. How powerful is the president?
A. Both president and Congress are more constrained
B . Reasons for constraints
1. Complexity of issues
2. Scrutiny of the media
3. Greater number and power of interest groups
Important Terms
ad hoc structure A method in which the president organizes his personal staff that employs task
forces, committees, and informal groups of friends dealing directly with him.
Budget Reform Act of 1974 A congressional effort to control presidential impoundments. It
requires, among other things, that the president spend all appropriated funds unless he first tells
Congress which funds he wishes not to spend and Congress, within forty-five days, agrees to delete
the items. If he wishes simply to delay spending money, he need only inform Congress, but Congress
in turn can refuse the delay by passing a resolution requiring immediate release of the funds.
cabinet By custom, the heads of the fourteen major executive departments who meet to discuss
matters with the president. These "secretaries" receive their positions by presidential nomination and
confirmation by the Senate. They can be removed at the will of the president.
circular structure A method in which the president organizes his personal staff that has cabinet
secretaries and assistants reporting directly to the president.
direct democracy A form of democracy in which the people legislate for themselves.
divided government A government in which one party controls the White House and a different
party controls one or both houses of Congress.
electoral college The body that formally selects the president. Each state is allotted electoral votes
equal to the number of its representatives and senators in Congress. It can decide how its electors are
to be chosen and under what method they cast their votes for president. The candidate for the
presidency who receives a majority of these votes wins. If no candidate obtains a majority, the House
of Representatives chooses from the top three in electoral votes.
executive agencies Federal agencies that are part of the executive branch but outside the structure
of cabinet departments. Their heads typically serve at the pleasure of the president and can be
removed at the president's discretion.
Executive Office of the President Executive agencies that report directly to the president and
whose purpose is to perform staff services for the president. Top positions are filled by presidential
nomination with Senate confirmation.
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executive privilege A claim by the president entitling him to withhold information from the courts
or Congress. In 1973, the Supreme Court ruled that such a claim is valid when sensitive military or
diplomatic matters are involved, but it refused to recognize an "absolute unqualified" presidential
privilege of immunity.
impeachment A form of indictment voted on by the House of Representatives. It can be brought
against the president, the vice president, and all "civil officers" of the federal government. To be
removed from his or her position, the impeached officer must be convicted by a two-thirds vote of the
Senate.
impoundment The refusal of the president to spend money appropriated by Congress. The
Constitution is silent on this power, but the Budget Reform Act of 1974 limits the president's ability to
impound funds.
independent agencies Federal agencies that are part of the executive branch but outside the
structure of cabinet departments. Their heads typically serve fixed terms of office and can be removed
only for cause.
inherent powers Powers not specified in the Constitution which the president claims. These powers
are asserted by virtue of office.
lame duck A politician whose power has been diminished because he or she is about to leave office
as a result of electoral defeat or statutory limitation.
legislative veto A method by which Congress in a law allows either one or both houses to block a
proposed executive action. It is frequently used for presidential reorganization plans of the executive
branch. These vetoes were declared unconstitutional in 1981.
Office of Management and Budget Created as the Bureau of the Budget in 1921, the OMB was
reorganized in 1970. It assembles and analyzes the national budget submitted to Congress by the
president. Additional duties include studying the organization and operation of the executive branch,
devising plans for reorganizing departments and agencies, developing ways of getting better
information about government programs, and reviewing proposals that cabinet departments want
included in the president's legislative program.
perks A short form of the term "perquisites," meaning the fringe benefits of office.
pocket veto One of two ways for a president to disapprove a bill sent to him by Congress. If the
president does not sign the bill within ten days of receiving it, and Congress has adjourned within that
time, the bill does not become law.
presidential coattails The charismatic power of a president which enables congressional
candidates of the same party to ride into office on the strength of his popularity. This influence has
declined in recent elections.
prime minister The head of government in a parliamentary system. Chosen by the legislature, this
official selects the other ministers of government from among the members of parliament and
remains in power as long as his or her party has a majority of seats in the legislature, as long as the
assembled coalition holds together, or until the next scheduled election.
pyramid structure A method in which the president organizes his personal staff that has most
assistants reporting through a hierarchy to a chief of staff.
recissions Presidential recommendations to cut parts of appropriations bills; a 1996 law allows the
president's recissions to go into effect unless they are overridden by a two-thirds vote in Congress.
representative democracy A form of government in which the people elect representatives to act
on their behalf.
Twenty-fifth Amendment A constitutional amendment ratified in 1967 which deals with
presidential disability. It provides that the vice president is to serve as acting president whenever the
president declares he is unable to discharge the duties of office or whenever the vice president and a
majority of the cabinet declare the president incapacitated. If the president disagrees, a two-thirds
vote of Congress is needed to confirm that the president is unable to execute his duties. The
amendment also deals with a vacancy in the vice presidency by allowing the president to nominate a
new vice president subject to confirmation by a majority vote of both houses.
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Twenty-second Amendment A constitutional amendment ratified in 1951 which limits presidents
to two terms of office.
unified government A government in which the same party controls the presidency and both
houses of Congress.
veto message A statement the president sends to Congress accompanying a refusal to sign a bill
passed by both houses. It indicates the president's reasons for the veto. A two-thirds vote of both
houses overrides the veto.
White House Office Personal assistants to the president with offices in the White
House. These aides oversee the political and policy interests of the president and do not require
Senate confirmation for appointment. They can be removed at the discretion of the president.
Presidential Resume
Directions: Select one of the 44 presidents and research his rise to the presidency and
accomplishments. Create a resume for your president as if he was seeking the office today. The
following is a possible list of what to include following in a resume format:
• Name
• Hometown
• Description of how they became President
• Education
• Special Interests
• Professional experiences prior to the presidency
• Work as presidents categorized as foreign policy and domestic policy accomplishments
Article II: Exectutive Branch PreQuestions
1. Define the president’s constitutional authority and describe an example:
2. Define the president’s statutory authority and describe an example:
3. Describe the difference between the president as head of government vs. head of state:
4. Define executive orders and describe an example:
5. Describe how Congress can restrain a president’s executive order:
6. Describe the primary restraint on the president’s power as commander in chief:
7. Describe the impact of the War Powers Resolution:
8. Describe the primary restraint on the president’s ability to make treaties:
9. Define executive agreement:
10. Explain why divided government increases the likelihood of presidential vetoes::
11. Define executive privilege and describe what SCOTUS said about executive privilege in
the case of U.S. v. Nixon:
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1. List 2 adjectives that describe Teddy Roosevelt’s view of presidential power based on this quote:
“My view was that every executive officer...was a steward of the people bound actively and
affirmatively to do all that he could for the people. ... I declined 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.” Theodore Roosevelt: An Autobiography, 1913.
2. List 2 adjectives that describe William Howard Taft’s view of presidential power based on this
quote:
“(T)he President can exercise no power which cannot be fairly and reasonably traced to some specific
grant of power or justly implied and included within such express grant. ...Such specific grant must be
either in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no
undefined residuum of power which he can exercise because it seems to him to be in the public
interest.”
• Chief Executive
• Executive privilege
•
• Executive agreements Pocket veto
• Presidential pardons
• Executive Orders
• Treaties
• Diplomatic recognition
• Veto • 10 days
• Appointment of Cabinet members • Appointment of Federal Judges
• War Powers Resolution
• Line item veto
4. List four military conflicts since 1941 that were undeclared wars:
approved by the Senate (but Congress must pay)
Presidential Approval Data:
Directions: Link to http://www.usatoday.com/news/washington/presidential-approvaltracker.htm to
complete this assignment.
1. Select any president and write a 140 character summary of their approval ratings during
their entire presidency.
2. For the president you selected in (1), write a 140 character explanation of the period of their
highest approval rating and then write a 140 character explanation of the period of their lowest
approval rating.
3. Select another president and write a 280 character summary that compares the approval
ratings during these presidencies and then write a 280 character summary that contrasts the
approval ratings during these presidencies.
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