XI.
Theories of Presidential Powers
A.
Constitutionalist
1.
Presidential Powers Constrained by the Constitution
2.
Constitution Must Give Permission to Take Action
B.
Stewardship
1.
Justifies Actions as a Public Service
2.
Constitution Must Prohibit President from Acting
C.
Prerogative
1.
Justifies Actions in the Public Welfare Regardless of
What the Law, Constitution, Congress, or Courts May
Say – President has Inherent Executive Powers
2.
Must Convince the People that He is Responding to a
Crisis
3.
Reason of State Doctrine
XII.
Presidential Information Gathering Styles
A.
Importance
1.
How Open is the President’s Style of Decision-Making?
2.
Who Filters Information for the President?
3.
Does the President Hear All Points of View?
4.
How is the White House Office Structured?
B.
Pyramid - Hierarchy
1.
Closed Style of Information Gathering
2.
Chief of Staff Synthesizes Information for the President
3.
Dangers
a.
The President’s “Inner Circle” become the President’s
Reality
b.
“Group Think” – No Information that Disagrees with a
Pre-Formed Theory is Allowed to Get to the President
c.
The President may Demand Complete Loyalty from His
Assistants
C.
Circular
1.
President Wants all Reports to Come Directly to Him
2.
President Wants Access to all Information Regardless of
Whether He Agrees with it
3.
Dangers
a.
President Overwhelmed by Information
b.
Micromanagement
c.
Decision-Making Process Slowed and Indecisive
D.
Ad Hoc
1.
President forms Informal Committee that Provide
Information and Strategies and then Report Directly to
him
2.
Law of Propinquity – The Relative Influence on
Presidential Decisions is defined by the physical
proximity to the President.
XIII. President as Policy-Maker
A.
Groups to Persuade
1.
Washington Elite – Congress, Committee Chairs, Party
Leaders
2.
“Honeymoon Period”
3.
Public Approval Rating
4.
Presidential Appointments – Patronage
5.
Invitations to the White House
B.
Public At-Large
1.
“Bully Pulpit”
2.
Informal Powers of the President
C.
Use of Crisis
1.
Presidents’ Public Opinion Rating Tend to Peak during
Crises
2.
Can a President “manufacture a crisis” to get policies
passed?
XIV. Presidential Character
A.
How important is the “character issue” in evaluating Presidents
and Presidential candidates?
B.
What exactly is “Character”?
C.
James Barber’s Thesis, The Presidential Character
1.
What Shapes the Presidency?
a.
Relationship with Legislative and Judicial Branches
b.
Popular Expectations of the President
c.
Public Perception – Is the President above Politics?
d.
Institutional and Moral Legitimacy to Lead
2.
The President’s Personality
a.
Barber: “If one understands the President’s
personality, one can then predict how the man will
behave as President.”
b.
Barber predicted in 1970 that Nixon would have to
leave office due to personality flaws.
3.
Personality Predictors
a.
Character
i.
Developed in Childhood
ii.
Sense of Right and Wrong
iii.
Self-Esteem
iv.
How would act in a situation where you know
you won’t get caught?
b.
Individual Style
i.
Developed in Early Adulthood
ii.
What Kind of Language does one employ?
1.
Sense of Humor
2.
Overtly self-critical
3.
Overtly Critical of Others
iii.
D.
XV.
How does one communicate with others?
1.
Flexibility
2.
Willingness to Compromise
iv.
Work Ethic
1.
Is power a joy or a burden?
2.
How to handle conflict?
v.
Can one admit to making a mistake?
1.
Need to be Loved at all times?
2.
Need to Control Environment?
vi.
Relationship to Others / Competitors
1.
Appreciation of Others’ Talents
2.
Jealous of Others’ Accomplishments
c.
World View
i.
Set of Beliefs – Open or Closed?
ii.
How does one see the World?
1.
Is the World a hostile place?
2.
Is the World a good place?
iii.
What is one’s vies of Human Nature?
4.
Barber’s Presidential Character Matrix – What is the
President’s Ability to Lead
a.
Individual Style leads to a Passive or Active Energy
Level
b.
World View Leads to Affect – Positive or Negative
c.
Barber Contends that the Best Presidents are
“Active/Positive”
Issue: How can the American Public see Presidential Character
(e.g. “Behind the Mask”) before bestowing enormous powers on
the person?
1.
Lengthy Primary / Electoral Process
a.
How does one react under pressure?
b.
How does one react when exhausted?
2.
Listen to Language employed in speeches and interviews
a.
Defines a World View
b.
Defines an Individual Style
c.
Can define where the person will fit on the Character
Matrix
Development of the “Imperial Presidency” – Arthur Schlesinger, Jr.
A.
Constitutional Separation of Powers
1.
Creates a “Deadlock of Democracy” until a Crisis
Develops
2.
Framers of the Constitution were Newtonians
a.
Checks and Balances are Mutual Forces of Gravity
b.
Only Strong Presidential Leadership Makes the System
Work – especially in Times of Crisis
B.
C.
D.
E.
F.
G.
H.
Issue – How to maintain a strong President without becoming
Imperial?
The Presidency and the Federal Government in General Take on
the Personality and Character of the President
“Revolutionary Presidency”
1.
Began with FDR’s War on the Depression in the 1930s
2.
Creation of Permanent Crisis
3.
Usurpation of War-Making Powers and Foreign Policy
4.
National Security and Executive Privilege become AllPurpose Doctrines
5.
Use of the Budget as a Political Weapon
6.
Control of Information equals Power
a.
Insistence on Secrecy
b.
Withhold Information from Congress
c.
Reliance on Intelligence Units for Information
d.
Intimidation of the Media
Post-Watergate Problem – Would Congress attempt to limit
Presidential Strength to the detriment of the country?
1.
Post-Watergate Legislation
2.
Congress Creates the CBO
3.
Independent Counsel Act – Who Investigates Potential
Wrongdoing by the President?
Carter’s Presidency Seems to Prove Schlesinger’s Thesis
Reagan’s Presidency Brings a Return of the “Imperial President”
1.
VP Bush – Former CIA Director
2.
Iran-Contra Scandal – “No Tapes”
Bush’s Presidency Sees World “Revolution”
1.
Fall of the Soviet Union
2.
Success in First Gulf War
3.
US is the World’s Superpower
a.
National Security “Crisis” Diminished by 1992
b.
Domestic Issues Predominate in 1992 Elections
XVI. Clinton’s Presidency (1993-2001)
A.
Background of Modest Means
B.
Intern for Sen. J. William Fullbright
C.
Governor of Arkansas
1.
Hillary Clinton and the Rose Law Firm
2.
Whitewater Scandal
3.
Gennifer Flowers
4.
1988 Democratic Convention – Keynote Address
D.
1992 Election
1.
Accusations of Pot-Smoking, Womanizing, Draft-Dodging
2.
“Perot Factor”
E.
Early Presidency
1.
Political Blunders
F.
G.
H.
I.
2.
Paula Jones’ Civil Law Suit
3.
1994 Congressional Elections
Republican Congress Begins Investigations
1.
Independent Counsel – Ken Starr
2.
Whitewater, Rose Law Firm, and $60 Million
Federal S&L Bailout
3.
Paula Jones’ Case
4.
Monica Lewinsky Affair
Election of 1996
Starr Turns Over Evidence to House Judiciary Committee
1.
Chair – Henry Hyde
2.
Impeachment Charges against Clinton
a.
Perjury to Grand Jury
b.
Perjury in Paula Jones Case
c.
Obstruction of Justice
d.
False Statements to Congress
Impeachment Trial in Senate
1.
Clinton’s Approval Rating at 70%
a.
Foreign Policy in Yugoslavia
b.
Ken Starr Villainized
c.
Media Circus
i.
Republican Leaders Exposed
ii.
No Doubt about End Result
2.
Political Fallout
a.
Al Gore in 2000 Election
i.
George W. Bush – Honesty and Integrity
ii.
Disputed Results
b.
Independent Counsel Law Challenged