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