Presidency
I.
II.
3 Constitutional Requirements
A.
B.
C.
35 years old
14 years residency
native born American
A.
doers – we want someone with ideas, but if they aren’t effective, we’re
the first to point a finger—2 edged sword
Policy preferences—people trust someone who thinks as they do—tend
to think “he’s smart”
Character & integrity—sometimes more important than his views on
economic & social policy
Strong – confident in a crisis – decisive
Popular—good looking, smart, and have a sense of humor (we all want to
have a crush on the President)
What voters want:
B.
C.
D.
E.
III.
Expanding on what we want:
A. character and policy preferences get blurred by the general public –
1
voters base their trust in a candidate’s policies
2
if they have reason to think he’s a little wacko or sleazy, they think his policies are a
bad idea
3
ex.) Clinton and Jennifer Flowers
1
2
3
4
5
6
B. We Want leadership!!
Can he work WITH Congress
Can he solve economic problems
Can he keep us at PEACE
Does he have IDEAS—sense of purpose for the country
Can we trust his judgement—he appoints half the government!
Character—is a good, moral person – WE don’t have to be, but HE DOES
IV. Job description
A. enforce laws: the great fallacy—the President is NOT the enforcer! The bureaucracy does
all the enforcing of the laws—it’s the BRANCH not the MAN
1. EPA—Environmental Protection Agency equal opportunity irritator
B. Carry-out foreign policy
1. negotiate treaties effectively
C. Make war – Congress declares it!!
D. Protect from foreign & domestic enemies – use the armed forces, the National Guard
E. Veto – 4 options
F. Ceremonial Head of State and Chief of State
一 schmooze the foreign diplomats
一 represent our country at world events
V. Intermingling of powers with Congress
1
2
3
A. Appointment: requires Senate confirmation—simple majority
Federal judges—district & Appellate
S.C. Justices
Ambassadors and Department Secretaries
B. Makes Treaties – 2/3 vote
1. Applies to U.S. only with 2/3 vote of Senate
C. executive agreements: between heads of countries are binding as treaties
1. Supreme Court declared within his inherent powers: claimed by
president as “inferred by the Constitution”
D. All appropriations by both Houses must be signed by the President
VI. Powers of Congress to Check the President
A. can reject appointments: Jocelyn Elders – Surgeon General Rejected
because she advocated teaching masturbation in school
st
1
George Bush (41 ) and Bill Clinton couldn’t seem to put together a consistent
coalition
2
President can “address the nation” on TV and go around Congress
C. 2/3 override in BOTH houses to VETO
D. Congress can refuse funding for Executive programs
VII. Formal Powers of the President
A. Commander in Chief
B. Treaty Negotiator
C. Receives foreign ambassadors
D. Nominates top federal officials
E. Nominates Supreme Court Justices
F. Veto bills
G. Administer federal laws
H. Pardon FEDERAL felons
I. State of the Union – every year (tradition to do so in Joint session)
1. Jefferson wrote a letter every year instead—thought it was too “king
like”
VIII. Informal Powers
A. morale builder—rally around the leader
B. party leader—he is most “powerful” member of the party
C. legislative leader—know key members of Congress to get things DONE
D. coalition leader—must have support for his AGENDA
E. crisis manager—fix it!!! Whatever IT is!!—hundreds of people can’t be the
focus of a Pep Rally
F. Personnel Recruiter—
1. effective Presidents use their appointments wisely to enhance their ties
in Congress, reward campaign supporters, and communicate policy agenda
G. Leader of the Free World
H. Resolves conflicts that affect the nation—airline strikes (illegal to strike
against public safety)
•Federal Aviation Administration and air traffic controllers strike on
Christmas season – too little money, high stress, long hours Reagan
“we’ll replace you in 24 hours”
I. Persuader—President’s chief resource is his POSITION and the
PRESTIGE that goes with it
•Use it against politicians, world leaders, and on US—the voters
IX. Presidents as Recruiters
A. Clinton = all top officials to represent all groups---ethnicity, racial, gender
B. Ethics in Government: there are none
1. Revolving Door: appointed as an administrator
a. work for a year---network, gain contacts
b. QUIT—influence peddle—lobby for an industry in the department you once
administered
C. Clinton’s Ethics Requirements
一 no lobbying for 5 years after you leave
一 can NEVER again lobby for a foreign government
一 may cause qualified people to refuse to serve—government jobs pay SQUAT. (BUT
the PERKS!)
一 D. Presidents will fill top positions for political and personal reasons
一
1. Original Secretary of Commerce Ron Brown—killed in Bosnia— ex-Democratic
National Chair helped get Clinton elected 92 behind scenes
一
•*Black “Cabinet that looks like America”
一
2. Robert Reich (Yale)—went to school with Clinton—Secretary of Labor
一
3. Chief of Staff—Thomas McLarty—life-long friend of Clinton— ex-lawyer for Baby
Doc Duvalier of Haiti
一
4. Pamela Harriman—Ambassador to France was a Democratic fund-raiser
一
5. Walter Mondale—Ambassador to Japan—ex-presidential candidate (Democrat)
一
X. Supreme Court Justices
1
2
3
4
5
A. The infamous “litmus test” of Reagan and Bush—must be anti-abortion and
willing to overturn Roe v. Wade
B. Court appears to be philosophically split 5/4 with Conservative in the
majority
C. Conservatives:
Rehnquist
O’Conner—sometimes swings
Scalia
Kennedy
Thomas
1
2
3
4
D. Liberals
Stevens (independent)
Souter
Breyer
Ginsberg—may step down this year (medical)
E. Presidential appointments to the Court are for:
1
rewarding political help
2
communicating priorities—agree with President’s agenda ex.) flag burning,
campaign funding reform
3
pushing philosophy—morality
XI. National Security
A. NSC – National Security Council
1. in a national emergence, this agency most qualified to handle it quickly and effectively
2. President, V.P., Secretary of State, Secretary of Defense
3. Helps President integrate foreign, military, and economic policy
4. Uses diplomacy and military as instruments of foreign policy—if one doesn’t work.
5. Curtis Wright Export Corp v. U.S. gives Presidents far reaching powers
6. Congress must appropriate and authorize funds for treaties and war
7. The War Powers Act has not been tested because no one’s ever taken it to Court
a. Gulf was a unilateral exercise
b. Always use “treaty obligations” – Vietnam and France
XII. Economic Policy
A. fight inflation
B. keep taxes low
C. promote economic growth
D. prevent recession
E. create jobs
XIII. Chief Advisors
1
2
3
4
A. Secretary Treasury
B. Council of Economic Advisors
C. Secretary of State
D. Director of OMB-Office of Management Budget
E. Chairperson of Federal Reserve Board—Alan Greenspan absolutely hates being
on TV
key to controlling interest rates
independent regulatory agency—no accountability and 14 year terms
members have staggered terms BEYOND Presidents’ terms
CANNOT be fired for their policy decisions
F. Domestic Affairs Advisor: define domestics problems, suggest
alternatives/solutions, suggest government reorganization to meet a new
need
G. NSA—National Security Advisor: Sandy Berger in today’s’ global climate,
key position
XIV. President as Legislative and Coalition Builder
A. White House Memos – messages to Congressional leaders on policy
preferences and agenda
B. Asks Congress leaders to breakfast or dinner
C. Sometimes goes to the Hill to twist arms but is careful and only goes when
invited.
XV. President in the Media
A. Press Conferences
B. Speeches from the Oval Office in “prime time”—Presidential Address
st
•George Bush (41 ) during Persian Gulf War (his own “Fireside
Chat”)
C. Radio Address— a tradition does one every week
D. Usually has 90 day honeymoon period when he’s still on everyone’s good side
(after he takes office)
E. Longer in office=less popular
1
interest groups are impatient—you aren’t moving fast enough
2
unkept promises
3
blame—inherited problems from past Presidents – from history too!!
XVI. Party Leaderships
A. informal head of the party
B. usually a clash between chair and President—vying for the same people and
stepping on each others toes
C. Presidents rarely have any control on state and local politicians—more party
influence at that level
XVII. Presidents Staffers
A. White House Staff: the Inner Cabinet: Chief of Domestic Affairs, OMB, NSC,
Chair of Joint Chiefs, Secretary Defense, Secretary State, NSA
1. problem of insularity
XVIII.Executive Office of President
A. appointments secretary
B. Press secretary
C. Correspondence secretary
D. Legal Counsel
E. Chief of National Security
F. Chairperson of the Joint Chiefs of Staff
G. Administrative and political assistants
XIX. OMB (Office of Management and Budget)
A. Budgeting is the way presidents control the bureaucracy
1
budgets are increased and decreased depending on what the President wants the
policy to be
2
All budgets requests MUST go through OMB from all departments. And agencies
before going to Congress
1
2
B. OMB writes the Budget which is submitted to Congress
a formal power of executive branch to write the budget
always overestimates revenues and underestimates spending!!!!
XX. The Cabinet
A. Not mentioned in Constitution—created by Congress at request of the
President
B. First job of President Elect is to appoint a cabinet which is usually done before
they take office
C. 15 Executive Departments (*office of Homeland Security was added in 2002)
D. Why don’t Presidents hold Cabinet meetings?
1
Secretaries advocate views for respective departments and argue with each other
over turf—money and importance in pecking order
2
waste of time for already busy people
XXI. Vice President
A. picked by the President
B. President of the Senate—vote on ties
th
C. Succeeds the President – 25 Amendment
•President is disabled or Cabinet and Vice President decide he is
XXII. Congress and the President
1
2
3
4
A. Both branches are supposed to set policy—both agenda and priority
B. Congressional powers are generally spelled out in the delegated powers— there
are necessary and proper powers, but they are limited to what is delegated
C. Executive powers are very general---not spelled out
D. Foreign policy---President is chief instrument but power is shared with
Congress
budget—State Dept., DOD, and foreign aid
ratification of treaties
War Powers
Commander-in-Chief v. Declaration of war
E. Note difference between House and Senate powers in foreign policy
making
1
declarations—House and Senate
2
ratification—Senate only
3
Confirmation of Appointees to CIA, SecState, diplomats—Senate only
4
Money for foreign aid—starts in the House and then goes to Senate (because they
propose all bills dealing with taxes and spending)
XXIII. Why conflict between branches?
1
2
A. different constituencies
President = whole country
Congress = district or state
1
2
B. Different terms
different terms cause opinion moods to be reflected in the outcome of elections
off-year elections v. coattail elections
C. jealousy = every one of those Congressmen thought about being President or
want to be.
D. Suspicion of each other – each branch is a watchdog, and always looking for
something to point at
XIV. Presidential influence in Congress
A. vetoes rarely get overturned—very hard 2/3 both
B. Presidents usually get their budgets approved—people complain and make
minor changes, but still pass it
C. most policy initiatives passed—FDR, Johnson’s Great Society, Clinton’s welfare
reform package
D. most nominees confirmed
1. Clinton had more difficulty than most
o Hoolbrook – U.N. Ambassador
2. Some nominees have been too liberal
•Jocelyn Elders—masturbation in schools
3. Republicans embarrassed Clinton by giving him so much trouble over
his nominees—implying that he was incompetent—all these losers
XXV. Causes for failure to get President policy passed into law
A. budget: Congress passes a program but then won’t fund it—so it doesn’t exist
B. opposition party—Republicans v. Democrats
C. public mood: by the end of a term, he may have LOST popular support
XXVI. Presidential Success in getting agenda passed
A. coalition building: party and cross party lines—“finessing” the Congress—
meeting with committee chairs, subcommittees, majority and minority
leaders, etc.
B. “bully pulpit”—use the Oval Office to rally the country around the leader!!
C. interest group support: money and influence
D. National campaigns: show part loyalty—buddy speeches. Show
personal loyalty to those who endorsed YOU
E. Press conferences—explain it to the media and get THEM on your side
F. Inaugural address—sets tone and agenda for 4 years
H. State of the Union: sets tone and policy agenda for the YEAR
XXVII. War making Powers
1
2
A. Commander in Chief = strategist—to commit troops or not to commit?
Determines what we’ll do and NOT do.
B. The military only implements what politicians (Presidents and Congress)
decided is in the national interest
C. In emergency, they ALL rally around the President
D. After time, criticism starts = Johnson and Vietnam – Public attention span is short
E. The War Powers Act, 1973
only 10,000 troops for total of 90 days without Congressional approval
Courts won’t decide = non-justifiable—not a legal issue, it’s a political issue
XXVIII. Emergency Powers
A. confiscate property – horses, metal, firearms, etc
B. set wages and prices—control inflation in war time conditions
C. declare martial law—Congress must give consent to suspend to writ of Habeas
Corpus—the right to “due process of law” –not being held without a
hearing…
D. control transportation and communication—security reasons
E. rationing strategic materials—metal, grease, milk, cotton
F. abuse of power:
1
Japanese detention camps
2
Illegal FBI bugging and opening mail without a Court ordered warrant—violates the
th
4 amendment (Hoover)
3
Secret wars in Loas and Cambodia
XXIX. The Imperial President
Stems from the Presidential power as Commander in Chief—everything from the Cold
War is still there—all the power he “acquired” he’s still GOT
A. Emergency powers granted by Congress
B. Secrecy for National Security—“executive privilege”
C. Abuse of power: takes power illegally—Vietnam, assassinations
•CIA used domestically—political dissidents
D. War making powers
E. Usurpation of power—uses legal powers illegally like…wire taps without
warrants (Nixon).
F. Increased powers as a result of Congressional and Supreme Court actions
1
Gulf of Tonkin Resolution
2
Executive Agreements
XXX. Limiting the Imperial President
1
2
A. War Powers Act
B. Concurrent resolutions—both Houses agree by majority vote to withdraw
troops—not subject to Presidential veto (resolution)—Unconstitutional?
Non-Justicable = political issue
C. National Emergencies Act, 1976—Congress must authorize emergency
situation every 6 months—ends state of emergence FDR declared on the
30’s—if some wacko had been elected…
D. Joint Congressional Intelligence Oversight Committee
CIA notification of covert actions
No assassinations of foreign leaders
E. 1974 Budget Impoundment and Control Act
1. Presidents use impoundment to DELAY spending temporarily
2. This limits Presidential ability to do that—Congress can pass a resolution forbidding
impoundment of such-in-such funds.
3. Set up 2 budget committees—1 in the House, and 1 in the Senate
3. Created CBO—Congressional Budget Office—does Congressional budget
data and uses it against the OMB numbers “we want out own do
boys!!”
XXXI. The Budget--Congress
A. various Congressional committees decide how money is spent
1
hard to keep all committees within the budget
2
these committees make recommendations to all of Congress after the OMB budget
is made public.
4. The budget often ends up in policy argument and is unable to stay within
revenues (the actual amount we take in)
B. OMB sends EOP budget to Congress
1. should be in June—uses numbers of CBO and results from hearings…(Committees call
in director of OMB and other bureaucrats to testify)
2. revised budget should be vetoed on in Sept.—actually starts in House Ways and Means
Committee—gets strong pressure from Lobbyists and Special Interests--porkbarrel
4. President may make cuts in certain departments to reduce the
deficit
C. Budget still impossible to achieve—Congress and Committees won’t deal with:
1
entitlements: middle class “gifts” such as social security, medicare, that we EXPECT
and feel we are entitled to…
2
Welfare
3
We always have a deficit because NOBODY wants to be the one who suggests we
actually raise taxes and we can’t get rid of the social programs..so.and of course porkbarrel
4
Also, subcommittees won’t give up appropriations power—each wants to write
their own bill—delays process even more
5
Deferrals: President delays spending for one year and must notify Congress if there
nd
will be a 2 year delay—Congress must pass a law to prevent the deferral.
•National Helium Fund—ensures we don’t run out of helium—
national security issue. President can decide to defer that spending
for one year to lower deficit…helium fund employees, interest
groups, the Congressmen of wherever the supply is…
XXXII. Gramm-Rudman-Hollings Balanced Budget (an attempt to balance
the budget) **Emergency Deficit Control Act, 1985**
A. Was supposed to force reduction in the deficit by 93—didn’t work
1. if there is a budget deficit, there would be automatic cuts in certain
programs
a. 50% from military and 50% from all other federal programs— EXCEPT for Social
Security and the interest on the National Debt
b. “automatic” cuts take the political heat off Congress—no fingers pointed
c. Controller General appointed by Congress determines cuts— determines %
d. Bowser v. Synar : declared law unconstitutional because Controller General is a member
of Congress (they can fire him) and budget problems are the Executive’s responsibility
2. tricks:
a. “off-budget” spending – student loans are not included in the budget
b. add this years deficit causers to LAST year’s budget—that way this year looks better and
no cuts happen
c. FYI—current budget resolutions are off-budget
XXXIII. Confirmation Politics
A. a check on the power of the President
B. concern over conflict of interest—don’t want President appting a friend who needs get
into business in Japan to the Ambassadorship or as the Trade Ambassador to Japan
C. Confirmation hearings are tedious, time-consuming, and intrusive—Asked
Robert Bork (Reagan’s Supreme Court nomination) about his personal life..if
it was your daughter having the child out of wedlock at 17…
D. Senate tends to accept nominees
D. Senatorial Courtesy: Federal District Court Judges appointed in a state are picked
from a list the Senator supplies the President
1. not LAW: “understanding”—it would insult the Senator and he would
hate you and make it his personal mission in life to form
coalitions to stop ALL of your agenda…
XXXIV. Legislative Veto: write a general law giving the EOP power to do
something ex.) we think the air is polluted. We instruct the EOP to handle
it—lower pollution emission by 10% by 2005. The EOP gives it to the EPA,
who writes a whole bunch of laws, and then some guy who owns a Volvo
and a chimney that’s 170 years old complains to his Congressman about
having to comply with these new EPA rules. The Senator or Rep then gains
support, and either the House, the Senate or both, pass a resolution stating
that the EPA can’t require such-in-such type of chimney filter, or fuel filter,
or blue bird in the right tree, and they just vetoed what they told the EOP
to do in the first place!
1. Joint Resolution: Both Houses pass an opinion
2. Congress can reject the use of the power they gave the executive by the executive by
adopting a resolution that defines their rejection
3. Purpose:
a. Check Executive Power
b. Assert Congressional will
A. Immigration and Naturalization Service (INS) v. Chadha---Supreme Court declared
Legislative Veto unconstitutional
•INS tried to deport Chadha for whatever—he wasn’t nice—and Attorney General
needed him for a little while. Congress has passed a statue stating the A.G.
could keep a witness/testifier in the country. Congress backed up the INS, and
told the A.G. to deport him. The Supreme Court told them they didn’t have the
power to do that by resolution.
XXXV. Independent Counsel Statue 1973
A. Congress established law to allow investigation of EOP—federal level prosecutions are
done by the A.G. office, which is part of the EOP—conflict of interest.
B. Created during Watergate because nobody trusted the Nixon Justice
Department
**The Line-Item Veto was passed in 96 and declared unconstitutional
in 98**