The Office of the President
Chapter 13
Constitutional Requirements
• “natural-born citizen”
• 35 years of age
• Has lived in the U.S. for 14 years
Bonus Question #1: Who was the youngest president to be
ELECTED to office?
John F. Kennedy (43 years-old)
Bonus Question #2: Who was the oldest president to be
elected to office?
Ronald Reagan (69, reelected at 73)
Term of Office
• Four years
• Maximum of two elected terms (if VP serves
less than half of President’s term can be
elected twice, If VP serves more than half can
only be elected once)
• LBJ- succeeded JFK in 1963- could have been
elected twice
• Ford- succeeded Nixon in 1974- eligible to be
elected only once.
• Washington set precedent of only 2 terms but
no official until 22nd amendment- due to FDR
• VP takes over if impeachment, death,
resignation, disabled, removal- 25th
Amendment
• Presidential Act of 1947- set up the way the
succession line- Speaker, Senate President
Pro tem, Sec of State, Sec of Treasury, Sec of
Defense…then the other Cabinet secretaries in
order of creation.
Salary
Fun Fact:
The President’s salary is determined by
Congress and CANNOT be changed
during the same term.
$400,000
Bonus Question #3: Who were the only two
presidents to refuse their presidential salary?
George Washington and John F. Kennedy
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Presidential Perks!
Salary
Travel and expense accounts
White House Residency
Staff of nearly 100!
Camp David vacation estate
The best doctors, dentists, & other
health care providers
Jets, helicopters, Air Force One
Retirement package (salary and
Secret Service protection for life)
Speaking Fees- Clinton charges up to
$300,000 per speech
Memoirs- Clinton received $12 million
advance
Can serve on Corporate Board of
Directors- Gerald Ford
Taft- Chief Justice of Supreme Court
after Presidency
• http://finance.yahoo.com/blogs/justexplain-it/just-explain-payspresidential-perks-203926005.html
President’s Roles and checksaccording to Constitution
1. Chief legislator- powers- proposes
legislation, vetoes legislation, calls
special sessions of Congress, Makes State
of the Union Address to Congress
- checks = congress need not pass legislation and
can override veto 2/3 majority in both
houses
2. Chief Executive- powers= enforces laws,
treaties, court decisions, appoints officials to
office (and fires), issues executive orders- do
not need congressional approval
checks= Congress passes laws, power of the
purse, Senate can reject treaties/appointments,
House impeaches, Senate removes,
Supreme Court can strike down Executive
orders
• 3. Commander in Chief- power head of the
armed forces (a civilian in charge)• checks= Congress appropriates military
funding, Congress declares war, War
Powers Act of 1973 (cannot wage war
over 60 days without Congressional
approval)
• 4. Chief diplomat- sets overall foreign
policy, appoints and receives ambassadors,
negotiates treaties and executive
agreements (agreements between heads
of states- nuclear warheads, economic
help), give diplomatic recognition to foreign
governments
• checks= Congress appropriates funds for
foreign affairs, Senate can reject
ambassadors and treaties
• 5. Chief of State- the ceremonial head of our
nation- tosses out the first ball of the baseball
season, bestows medal of honor, visits areas
struck by natural disaster.
• 6. Chief Jurist- powers- appoints federal
judges, issues pardons and amnesty.
• Checks= senate can reject judicial
appointments, senators can place holds
on appointments
Non-constitutional roles
• A. Head of Political Party- selects the party’s
chairman of the national committee and VP
nominee, political patronage
• B. Chief Economist- responsible for overall
health of economy, proposes federal budget
(though Congress can alter it)
• Analyze this: “The greatest source of
presidential power is not to be found in the
Constitution, but in politics and public opinion.”
Unwritten Traditions
 All have been white (Obama is
½ white)
 All have been Christian
 Most have been from well-to-do
families
 Most are highly educated
 Most have military experience
 Most have been married
Bonus Question #4: Who was the only Catholic president?
John F. Kennedy
Bonus Question #5: Who is the only president since 1900 to
never attend college?
Harry S. Truman
Test Your Knowledge!
How many presidents have been Army Generals?
10
How many presidents total have we had
throughout history?
44
Who is the first president to have been divorced?
Reagan
How many presidents were assassinated in office?
4 (Lincoln, Garfield, McKinley, Kennedy)
stop
The Evolution of the Presidency
• Constitutional Convention- how do we choose a
leader
– Monarch- president for life (Alexander Hamilton)
– Plural Executive (voted in by all people)
– Compromise- single, elected President with fixed
term in office
Concerns
• Fear of a strong
President- would become
a monarchy
• No term limits (how
long can one serve)fixed with 22nd
amendment
(Washington set
precedent two terms)
• Weak President (fear of
being a tool of Senateb/c of ratification and
confirmation powers
How do we elect a President?
• First ideas
• Congress elects president- but too much
congressional dominance
• Direct election- too much weight on
large states, vote on passions,
illiteracy was common and
communication poor
• Compromise – electoral College
(activity)
• People would have some input, both
small and large state influence election,
House can elect
The First Presidents
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Washington
1789 -1797
Adams
1797 - 1801
Jefferson
1801 - 1809
Madison
1809 - 1817
Monroe
1817 - 1825
Washington - Monroe
• Modest Presidency- assumed Congress
would take the leading role in new gov’t
• All Active in Independence movement
• All but Adams served two terms
• All but Adams- Virginians
• Development of Political Parties
(Washington warned)
• Only well respected men received
appointments
Growth of the presidency
1829-1837
• What president would expand the power of the
Presidency?
• Andrew Jackson
• Use of Spoils System
• Vetoed 12 Acts of Congress- most up to that point
• Ignored Supreme Court- removal of Cherokee (evoked
eminent domain)
Re-emergence of Congress
1837-1932
• Congress re-established control
• Of next eight Presidents after Jackson
none served more than one term
• Lincoln, Teddy Roosevelt, Woodrow
Wilson- only powerful presidents
• During this time Presidency was seen
as negative force = Cleveland’s 414
vetoes
• Up until 1930’s = Strong personalities
and crisis is what made president the
central figure of government
Modern Day Presidency
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FDR- creates powerful presidency
Foreign policies after WW 2- leads to increase
Cold War- Truman, JFK, LBJ, Nixon
70’s after Nixon- Congress had some re-emergence of power
80’s- Reagan restores power and prestige
90’s- Bush-Clinton-economic bubbles, emergence in foreign
policy, domestic policy changes
2000’s- W. Bush, Jr- Global War on terrorism, broader control of
foreign policy, economic crisis
stop
White House Staff
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The White House Office Staff
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In the past
Up until 1857- no personal secretary
Lincoln often answered his own mail
Cleveland answered the White House
phone
• 1901- Finally given Secret Service after
McKinley assassinated
• Now more than 500 people work in the
White house Staff
The Executive Office of
the President
• White House Office/Staff- West wing of White
house (immediate)- where the power is
wielded
• Always jockeying for influence- the closer to
Oval office the better
• President organizes his staff
• 1. Circular (FDR, Carter)- Prez is the hub and
assistants are the spokes
• 2. Pyramid (Ike, Nixon, Reagan)- assistants
report to Chief of Staff who then reports to Prez
• Review organizational method in reading
• Appointments to White House staff do not
require Senate consent (example Chief of
Staff)
• Have a better degree of executive privilege
protection
• Presidents seek people who will be loyalfewer divided loyalties as compared to
Cabinet positions
Other Offices of Executive
• OMB- prepares the annual budget and
reviews federal programs
• NSC- coordinates foreign/military
policy
• CEA- council of economic advisers (3
people)
The Cabinet
• Heads of the Cabinet Depts and 6 others (OMB
director, CIA director, White House Counselor, UN
Ambassador, US Trade Rep, Director of Homeland
Security)
• Appointed with Senate Consent
• Meet only at call of President (do not meet regularly)
• Members of Congress cannot also be part of Cabinet
(unconstitutional)
Divided Loyalties to
President
• Most are interested in enlarging or defending their
cabinet
• Who are they really loyal to?
• President (who gives them their job)
• Congress who funds their department
• Client Groups- who depend on the department
• To their employees in that department
• Cabinet goals- make it larger more important but
must fight for funding
• President can only fire appointees but has little control
of civil service employees- so has limited influence on
Cabinet
Federal Positions
Who gets in?
• The President has to fill many appointments
but those appointed is small >10%
• President depends on staff
recommendations
• Even though President is not too sure how
well they will hold up in the appointment
process.
So who are they?
• Tend to come from private
industry, universities, law firms,
think tanks, Congress, state/local
gov’ts
• Most have some federal
experience
• Some alternate between jobs
in the public sector and private
sector (revolving door)- “in
and outers”
• What about the VP?
The Vice Presidency
• Constitutional role: Pres. of
Senate and Become
president or acting President
if office of Prez is vacant
• Helps to gain votes in an
election (George H.W. Bush
choosing Dan Quayle from
Indiana)
• Little responsibility (given by
President)
• More recently, have taken an
active role (“only a heartbeat
away” from presidency)
• Stepping stone to Presidency
25th Amendment (1967)
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Established
procedures for
dealing w/ pres.
disability and filling
V.P.
What else does the
VP really do?
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VP is often selected to “Balance the ticket”
Attend funerals of foreign leaders
Most have taken an active role in Foreign policy
Words of other
“the vice presidency isn’t worth a pitcher of warm
spit”
• “the most insignificant office ever conceived”John Adams
• “I do not choose to be buried until I am really
dead”- Daniel Webster after refusing to be VP in
1848
• What role will they play now???
stop
Growth of Presidential Power
• Where does president get his power?
• Article II Section 2
• Other Non-Constitutional Roles
• 1. Unity of the Office- one man as
opposed to 535 member Congress
• 2. Presidential Character and personality:
strong leadership can have great impact.
• 3. Growing complexity of Society: with a
highly industrial and technological society,
people have demanded that the FED gov’t
play a larger role in areas of public concern:
ex. Pollution, labor issues, air travel safety,
the economy- thus the Executive Branch
has grown to meet those public demands
• 4. Congressional delegation of authority to
Executive Branch:
– Congress often writes broadly worded legislationexecutive branch “fills in the holes”
– Congress bows to presidential demands in time of
economic or foreign crisis
– President can proclaim necessary mandates after a
large electoral victory (Reagan’s tax cuts after 1980
election)
• 5. The Electronic Throne – “bully
pulpit”- the use of the media casts the
President into the public eye – special
addresses, photo ops, sound bites,
Saturday morning radio chats
• 6. US a great superpower- since
development of Cold War- US was
placed into a virtual non-stop crisis
situation- only President can deal with
various foreign crisis.
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3 rules of thumb to maximize presidential power and
effectiveness
• A. Presidents need to get things done early in their
terms when their popularity is high- since it declines
over time “Move it or lose it”
• B. “Avoid details”- don’t try too much. Concentrate on a few
top priorities- (Reagan’s Tax cuts, higher defense spending)
• C. “Cabinets don’t get much done, people do”- place more
trust on getting things done with White House staff than
Cabinet secretaries (divided loyalties)
Making Presidency Safe and
Effective
• What do we already know about the
power of the office of the Prez?
• Powers of the Prez are not as clearly
defined as in Congress- Congress
grants broadly worded powers
• In times of emergency- power grows
• In normal times has many checks and
balances- yet we expect Prez to do so
much
• President has much power- and to
what limit
Checks that weaken prez
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Constitutional – Congress, Courts
How else do they check?
1. Congressional leaders
2. Cabinet members
3. Bureaucrats
4. Political Parties
5. Interest Groups
6. Media- “gotcha journalism”
• 7. Appointment of special prosecutorthough still can be fired by President
• 8. Use of impeachment
• 9. Senators “holds” and filibusters of pres.
nominations
• 10. Divided gov’t
• 11. More of a global society (must act in
accordance to allies)
Can we strengthen Presidents
powers?
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Will we allow it?
1. 6 year terms- w/no re-elections
2. 2 or 3 presidents
3. Give president power to dissolve
Congress and call for new elections
• 4. Allow members of Congress to
take positions in Executive Branch
• 5. No more split tickets- unified party
tickets (President, Senator.
Congressman)
stop
Congress vs. President
• What we know:
• 1. Congress supposed to be dominant force in
gov’t
• 2. Recently President more dominant
• 3. Checks and Balances- supposed to be a
conflict
• 4. Members of Congress more interested in
state and local, President represents more
national interests- example- Yucca Mt. (NV
members of Congress oppose- President
supports
Where are there some other
conflicts?
• Different times of election (at one
point could be united party and in 2
years divided gov’t) (Clinton 1992
Dems- and 1994 Rep
• President’s office is united while
Congress has 535 members that
can be divided
• Congress more cooperative in
foreign policy and national security
issues than domestic and economic
issues (ex. Bailout plan)
So how does President get
Congress to work for him?
• Use of Media- electronic throne- pleads case
directly to people
• Mandate of people- especially after a large electoral
win
• Patronage- asks for help from members of Congress –
in turns helps them (cooperative favorsuncooperative- punishment)
• Chief of party- act in interest of party unity
• Veto- threat carries weight- 93% of vetoes are never
overridden
• National emergency- most power for president
• President is considered that “great engine of
democracy”- but lately President seen as too
imperial-
The Imperial Presidency
• 1973- Arthur Schlesinger’s
The imperial Presidencypresident’s power has grown
too excessive (imperial like)
• How is this possible?
• Congress has given the
executive strong
powers..esp in foreign
policy
Areas of Abuse
• War Powers
• Only Congress can declare war vs.
President’s power as Commander in
Chief
• President has sent in troops without
declaration of war over 125 times
since 1945 –communism-(Vietnam,
panama, Grenada, Somalia)
• Congress often funds these but if
public opinion turns then it
responds (Vietnam)
• Congress does this to allow official
declarations because then it would
have to give more power to presidentand they might not want to do that
Response by Congress
• War Powers act of 1973
• President can send troops overseas to an area where hostilities
are imminent without a congressional war declaration only
under these circumstances.
• Rules– Must notify Congress within 48 hours
– Must withdraw the troops after 60 days (can be extended extra 30
days if safety of the troops requires it)
– Must consult w/Congress if troops are to engage in combat
– Congress can pass a resolution, not subject to presidential vetoto withdraw troops
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Ties the hands of the President-too inflexible
Usurps power of the President as commander in chief
Enemies just wait for 60-90 days for troop withdrawal
President has complained about it but no lawsuit to check
unconstituionality (political hot potato)
• Emergency crisis- President
assumes great powers- can
suspend habeas corpus, censor
mail, control manufacturing,
control communication and
transportation, martial law
Response by Congress
• National Emergencies Act of 1976
• President must inform Congress in
advance of powers to be used in
emergencies
• State of emergency end automatically
after 6 months
• President can declare another 6 months
but subject to cong. review
• Executive agreements- deals with other
heads of another nation- does not need
congressional approval (oil for favorsweapons)
– Between 1980-1991 more than 4100 of
these (only 200 treaties)
– Most are in military commitments
• Congress and the CIA- b/c of past
abuses (coups in Guatemala and Iran,
1970’s Chile)- has developed 2
congressional oversight committees
• Executive privilege- right of a
president to not divulge
conversations between himself and
advisers
– Why- b/c if not then advisers would not
be straightforward
– Abused under the guise of national
security
– US v Nixon (1974) Supreme court stated
that the Presidents are in fact entitled
to this most of the time but not in
criminal cases
Response by Congress
• Confirmation of presidential appointees
• Senatorial courtesy- president will make
an appointment within a state (will ask the
2 senators of that state to get their
approval)
• Closer scrutiny by Senate
• Can delay appointments and the holds can
last for years (if deemed too liberal or too
conservative)
Lastly
• Impoundment- the refusal
of the President to spend
money that has been
appropriated by Congress
(not spending defense
budget after end of war)
• No line item veto so
president must sign or veto
entire bill- might not be
happy where certain funding
goes
• Not in the constitution
(Congress can be upset but
not much they can do)
• Use of the veto-mere
threat can influence
legislation
Response by Congress
• Passage of Budget and Impoundment Control Act
of 1974
• If president impounds funds temporarily(deferral)either house can override
• If president impounds funds permanently (rescission)that act is automatically voided unless both house of
Congress approve within 45 days.
• Established Congressional Budget Office (CBO)
• Congress given 3 additional months to consider the
President’s proposed budget
• Established budget committees in each house
Other ways for Congress to control
Presidency
• Legislative veto- congress authority over
Executive decisions
• INS v. Chada (1983)- supreme court declares
legislative veto an unconstitutional violation
of separation of powers
• Use of appropriations to control foreign policy
(can cut off Aid) – but recently have asked
Congress for approval of US action (Gulf War,
Kosovo intervention, Iraq and Afghanistan)
• Some people feel that Congress inhibits
changes, excessive control of Executive, too
many oversights
What will the president do in his
last years of office???