The Presidency as Paradox
• The last eight presidents have left office
under a cloud
• Yet many aspire to the office and the
president is perceived to be all-powerful
• One explanation for this paradox is that
the presidency is the one unitary institution
in the federal government
• “I am the decider” – George W. Bush
The Personal President and
Approval Ratings
• One of the problems of the rise of the
personal presidency is that presidents
seem to become less popular over time
Historical Presidency
• The Framers intentionally designed the
presidency to allow its occupant to rise to
demands for quick and concerted action
during times of crisis
– Created a focal point for coordinating collective
action
– President best situated to propose a coordinated
response.
Framers and the Presidency
• Framers rejected a plural executive. Thus, it would
contain none of the internal checks provided by
institutional design.
• Instead, executive has resources to coordinate national
responses, but not enough to usurp Congress
• Two presidencies
– Leadership goes to Pres during crisis
– Does not suspend powers that belong to other
institutions, and it dissipates as crisis recedes.
The Constitutional Basis of
the Presidency: Article II
• Article II of the Constitution begins by
asserting, “The executive Power shall be
vested in a President of the United States
of America”
• Two important elements:
– What is “the executive power” has remained a
matter of dispute
– Power is vested in “a” president, thus
establishing the unitary nature of the office
The President and the Constitution
• “No person except a natural born Citizen, or a
Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible
to the Office of President; neither shall any
Person be eligible to that Office who shall not
have attained to the Age of thirty-five Years,
and been fourteen Years a Resident within the
United States.”
Commander in Chief and Head of
State
• President is commander in chief of the nation’s
armed forces
• Founders had some difficulty in granting one
individual control over the military
• Checked this power by making it so ONLY CONGRESS
can declare war.
– The authority of commander in chief provides the president
with broad license
– Lincoln suspended write of habeas corpus that prevented the
Union Army from detaining suspected spies and did not consult
Congress
Commander in Chief and Head of
State
• Idea that presidents have the military at tehir
disposal (at least in the short run) remains
unchallenged.
• Congress’s check is a hollow one
– War Powers Act of 1973
– Requires that the president inform Congress within 48
hours of committing troops to military action
– Operation must end within 60 days unless Congress
approves extension.
The War Powers Act
• The impact of this law has been limited
• Presidents have continued to take military
action without informing Congress
– Reagan invaded Grenada in 1983
– George H.W. Bush deployed troops in Somalia in
1993.
– In 1999 U.S. military participated in NATO action
against former Yugoslavia.
Head of State
• The Framers provided broad authority to
transact diplomatic affairs
– Lesson learned from Articles of Confederation
– Washington interpreted ‘receive ambassadors’ to
mean that he alone had the authority to recognize
new governments and receive its ministers
– Truman recognized the state of Israel
Head of State
• The most important limitation on president in
foreign affairs is that a two-thirds majority of
the Senate is required to ratify treaties
– Rejected WWI peace treaty
– Wilson’s League of Nations
– Not as limiting a check today due to exectuive
agreements
Executive Agreements
• Unlike a treaty, an executive agreement cannot
supersede U.S. law, and it remains “in force” as long
as the parties find their interests well-served by it.
– LBJ created a number of executive agreements
giving foreign aid funds to countries that kept
forces in Vietnam
• These agreements are the mainstay of international
relations
• Congress can make laws that remove them and the
courts can judge them unconstitutional.
Executive Orders
• Until the 20th century, presidents found themselves
ill-equipped to intrude upon administrative practices
• Congress exerciesed oversight of the bureaucracy,
assigning its committees jurisdictions that matched
those of the federal departments
• Presidents stayed in the background and attempted
to influence policy through political appointees to
the bureaucracy or executive orders
Executive Orders
• Most arise from the authority and responsibilities
explicitly delegated to the president by law.
• A smaller class of executive orders is based not on
some explicit congressional delegation but on the
president's assertions of authority implicit in the
Constitution’s mandate that the president:
– “Take Care that the Laws be faithfully executed.” “Take
care” clause. Theodore Roosevelt first to subscribe to this
expansive view of the office
The President as a Legislator
• The Constitution gives presidents only a modest role
in the legislative arena.
– May call Congress into special session.
– Veto laws (Article I).
– Must report “from time to time” to Congress with State of
the Union address.
• Yet modern presidents attempt to direct American
policy by promoting a legislative agenda.
• They must use their few constitutional tools as well
as their ability to mobilize public support and their
PARTY.
The President as a Legislator
• Until the twentieth century, presidents routinely
delivered their “State of the Union” to Congress via
courier, where it was read to an inattentive audience.
• Today it is a “prime-time” opportunity for presidents
to mold public opinion and steer the legislative
agenda on Capitol Hill.
• What are some of the things the president does
during the State of the Union?
– Stage and punctuate presentation with props and the
introduction of “American heroes.”
The President as a Legislator
• Perhaps the president’s most formidable tool in
dealing with Congress is the veto.
– Constitution defines the veto precisely.
• Used relatively rarely – most used by Gerald Ford. In
the past fifty years, the average is fewer than ten
vetoes a year.
• The veto allows the president to block congressional
action but does not allow the president to substitute
his own policy preferences.
The Nineteenth Century President
• During the republic’s first century, presidents
typically assumed a small role, thus in step
with the Framers’ expectations.
• They did not play a leadership role in domestic
policy formulation.
• Thus their accomplishments were limited to
their responses to wars, rebellions, or other
national crises.
• A clerk and a commander….
The Era of Cabinet Government
• Department secretaries played an important role during
this period.
• When a president had a question about a
• policy, needed clarification on complaints, or needed
advice on whether to sign or veto a bill he consulted his
cabinet.
• The relationship between a president and his cabinet at
this time was one of reciprocity, not loyalty.
• Cabinet members helped the president achieve his
political goals and, through the cabinet appointment, he
gave them opportunities to pursue theirs.
The Modern Cabinet
• The cabinet today has lost much of its luster as an
attractive office; it only has limited political clout.
• Control over policy and even of department
personnel has gravitated to the White House.
• Cabinet tenure today is not a stepping stone to a
more powerful political position but rather a suitable
conclusion to a career in public service.
Parties and Elections
• During the 19th century, politician attached as
much importance to political party that
controlled the executive as they did to the
person himself.
• Presidential elections were the focal point for
national parties’ efforts
• Winning the presidency usually meant that
party took over Congress.
The Nineteenth Century President
• Were generally thought to be glorified clerks
and Congress held the spotlight.
• So what does the nineteenth-century
presidency say about the modern one?
– It reminds us that the Constitution does not thrust
leadership on the president, but it hints at the
potential the presidency has for a larger role.
The Modern Presidency
• As government expanded during the
twentieth century, so did the workload of the
president.
• With additional responsibilities, the chief
executive:
– Gained discretion both in hiring personnel to
administer these programs…
– And in deciding what specific activities and
regulations were necessary to achieve the
mandated objectives
The Modern Presidency
• As the obligations of government grew, oversight of the
executive began to tax Congress’s time and resources and
its ability to do its work.
• Congress found its own interests served by delegating to
the White House a sizable share of administrative duties
and the policy discretion that went with it.
• Because the same party generally controlled these
branches, it made it easier for Congress to transfer
authority to the executive.
• Often no practical alternative.
Delegation
• When members of Congress write public laws, they can
decide to delegate a little or a lot of rulemaking authority
to the president.
• At times Congress delegates less from programmatic
necessity than to gain political advantage.
– When would they do this?
– When they agree on the goals of a bill but disagree on its
specifics. Thus they make the language vague and the executive
branch has great leeway in how it implements the law.
• Example: Congress delegated to the U.S. Fish and Wildlife
Service discretion to establish rules for classifying species
as “endangered” and “threatened.”
Delegation
• As attractive as delegation may be, it always has
costs associated with it.
– One must monitor agents’ performance to ensure that
they are vigorously pursuing the tasks delegated.
– “Fire Alarms, not Police Patrols.”
• Agents may shift policy in an undesirable direction.
– When that agent is the president, it is difficult to “fire” the
agent.
– Difficult to rein in a president as well, given the veto.
Budgeting
• The formulation and presentation of the annual
budget to Congress is one of the president’s most
important clerical tasks.
– Offers presidents an opportunity to set the
spending priorities of the federal government.
• Authority comes from the delegation of duty from
Congress -- 1921 Budgeting and Accounting Act.
• Until the 1920s, agencies sent their budget requests
directly to House Appropriations
Budgeting
• The president’s annual budget, submitted to Congress on
the first Monday in February, takes months of work.
– Assembling and negotiating requests from agencies.
– Bringing them into conformity with White House policy
goals.
• Sometimes it sails through; other years replaced with
“congressional” budget.
• Provides Congress with valuable information.
• Represents the president’s “opening bid” on how much
will be spent for what and where the money will come
from.
Modern Presidents as Legislators
• Today, Congress gives the president’s legislative
proposals serious consideration.
• Lawmakers expect the president to advise them about
problems with current policy and administration and to
recommend adjustments to improve performance.
• Because of the president’s role administering the laws, a
major role in the legislative process is ensured.
– 90 percent of presidents’ initiatives are considered by
some congressional committee or subcommittee.
Working with Partisan Allies
• In assembling support for their legislation, presidents
begin with their party allies in Congress.
• They cultivate this support by:
– Advocating spending on programs and public works for a
district or state.
– Appointing a member’s congressional aide as an agency
head.
– Visiting a lawmaker’s district to generate support for the
next reelection campaign.
• These fellow partisans do what they can to support
their leader.
Obama and Legislative
Initiative—House Votes
Obama and Legislative
Initiative—Senate Votes
Unified versus Divided Control of
Government
• When presidents find their party in majority control
of the House and Senate, they have excellent
prospects for passing their legislative agenda.
– Examples: New Deal and Great Society.
• However, during divided government (when
the president’s opposition party controls
either or both legislative chambers), the
president confronts majorities with different
preferences
Unified versus Divided Control of
Government
• During the past half century, unified party control has
occurred less frequently than divided government.
• How do presidents deal with this situation?
–
–
–
–
Pull decisions into the White House.
Carefully screen appointees to federal agencies.
Utilize the veto.
Go public (engage in intensive public relations to promote their
policies to voters).
• Republicans gained control of Congress in the 2002
midterm elections, restoring unified party control of
government, which continued into the 109th Congress.
Presidential Success on
Congressional Votes
Veto Bargaining
• The veto offers presidents a clear, self-enforcing
means of asserting their preferences.
• The threat of a veto is a potent one as well.
– Presidents can use the threat to manipulate
Congress’s expectations about the likely result of
alternative legislative packages, thereby inserting his
policy preferences into legislation at an early stage of
the process.
• – Reagan: “Make my day.”
Contemporary Bases of
Presidential Power: Going Public
• Going public is a tactic where presidents
seek to force members of Congress to
support their policies by appealing directly
to and mobilizing the public
– Bully pulpit
• Presidents went public more and more
often throughout the 20th century through
speeches, radio, television, and now the
internet
Public Appearances by
Presidents
Contemporary Bases of Presidential
Power: Personal President
• As presidents went public more and more,
the personal characteristics and skills of
presidents became more important
• For instance, Ronald Reagan’s success in
divided government was attributed to his
ability to communicate through television,
skills he honed as an actor.
– http://www.youtube.com/watch?v=vaTedoRjANU
– http://www.youtube.com/watch?v=xfZg4UIuZe4
The Institutional Presidency
• As an organization the presidency began modestly.
– Washington used his secretary of state, Jefferson, to help him
with correspondence.
• By the early 1800s the number of staff working in and around
the White House was less than a dozen.
• When FDR became president there were about fifty staff
members. (Maintenance, switchboard, and mailroom duties.)
• In 1937 the President’s Committee on Administrative
Management (Brownlow Committee) concluded that the
“president needs help.”
• Much like a CEO of a business, the president found himself in
need of the tools to carry out the “business of the nation.”
The Institutional Presidency
Executive Office of the Presidency
Typically, the agencies that make up the modern EOP work much more
closely with the president and the White House staff than they do with
each other.
Perform classic staff functions:
– Gather information.
– Help maintain the organization itself.
Office of Management and Budget
• It is responsible for:
1. Creation of the annual federal budget.
2. Monitoring agency performance.
3. Compiling recommendations from the
departments on enrolled bills (bills that have
been passed in identical form in both
chambers of Congress).
4. Administering central clearance.
National Security Council
• Its statutory responsibility appears modest:
– To compile reports and advice from the State and
Defense Departments and the Joint Chiefs of Staff
and to keep the president well informed on
international affairs.
– Yet the national security advisor, who heads this
presidential agency, has at times assumed a role in
conducting foreign policy that is close to that
traditionally associated with the secretary of state.
A Unilateral President
• What does this mean?
• President – moves first, forces Congress and the
Courts to react. Utilizes ambiguities in the
Constitution.
– Executive Orders
– Executive Agreements
– Vetoes
– Signing Statements
– Recess Appointments
A Unilateral President
Positives – Can be beneficial for
Congress (ex: military base
closings).
President can move faster, work
more efficiently due to the lower
transaction costs.
Say one needed to end the corrupt
trade federation’s embargo of their
home planet and was frustrated by
bureaucratic delays. A unilateral
executive could deal with such a
situation quickly and efficiently.
A Unilateral President?
Negatives – Power can be abused
and is very difficult to get back.
It becomes difficult to get out of
wars, to respond to executive
orders or agreements or to reign in
the usage of recess appointments or
signing statements.
In short, one day you’re giving the
administration the ability to
respond to the struggling economy
and the next thing you know,
they’re blowing up Alderaan