The Presidency
Great strength matched w/ profound weakness
Of 60 democratic countries, only 16 have Presidents,
and 13 of these are in Americas
Presidents are often outsiders
Choose cabinet officials outside of Congress
Gridlock a recurrent phenomenon, even Presidents
with majorities struggle
16/23 midterm elections 1952-88 produced divided
government; Clinton (’92) had unified government
(really a myth)
Gridlock
Not necessarily bad; all of us can find a government
policy we would like to block
Americans could eliminate it, but ¼ split-ticket
Gridlock demonstrates how the relative power of the
Presidency vis-à-vis Congress has changed since
1789.
Presidency formed in an era where executives were
weak and legislatures were strong; feared executive
use of military, re-election, bribery
These concerns really haven’t materialized
Electoral College helps in some respects
The Electoral College
Each state has a # of electors
determined by the Census
Michigan=18 in 2000; 17 in 2004
DC=3 electors (23rd Amendment)
48 states winner-take all
2 (ME and NE) divide electoral votes by
district and at-large
270/538 needed to win
Problems with
the Electoral College
Some states much more important than others
(Forget about visiting the Dakotas if you are a
candidate!) Also a benefit though—candidates need
not go nuts trying for every vote everywhere
Popular vote winner doesn’t always win Electoral
College
Electors may legally disregard pop vote in 26 states
Before we diss it too much though—remember that
it was the faith in this system that allows the
President to hold so much power—ex: Treatymaking power is only with “Advice and Consent”
Establishing Legitimacy
We take the transition of power almost for
granted; not always a “done deal”
1st Presidents/advisors played a tremendous
role: discouraged parties, $ got off on a
strong footing (Hamilton), foreign policy
Appointments made by “fitness rule” of
community stature
President’s relations with Congress not close
Jacksonian Era of the
Presidency
Vetoed 12 acts of Congress; more than all
predecessors—not only constitutional
grounds, but POLICY ones..none overridden
Wanted independent Presidency, small
government, favored agrarian, small farmerpolitics
Disputes with Congress ranged from slavery
to sectional conflicts over commerce (Tariff of
1828)
Congress Re-emerges
After 1837, Congress, especially the
House, is the preeminent power
Intensely partisan era
Lincoln was the exception: Strong
Presidency, despite minority of vote
received.
Lincoln’s Use of Article II
Raised an army
Blockaded Southern ports
Suspended Habeas Corpus
Emancipation Proclamation
Set up 10% plan for reconstruction
All of these—without consulting
Congress
Prez/Congress Relations
Nowadays: President proposes,
Congress disposes
Until 1930s, not that way: Presidency
powerful only during war or when there
was a charismatic personality
Mark Peterson: Congress often takes
initiative (Clean Air Act, 1970 and 1990)
The President’s Powers
Commander-in-Chief, commission officers
Make Treaties
Nominate ambassadors, ministers, Cabinet, Justices
Fill all vacancies w/ temporary appointments
Grant reprieves and pardons for federal offenses
State of the Union*
Call special session of Congress
Approve legislation
Make sure laws are “faithfully executed”**
“Faithful Execution”
Grover Cleveland (D, 1885-89, 93-97) used
this clause to justify breaking a labor strike
Dwight Eisenhower (R, 1953-1961) used this
clause to integrate a public school in Little
Rock, AR
Even so, the greatest source of Presidential
power is found NOT in the Constitution but in
politics and public opinion. Since the 1930s,
Congress has passed many laws giving the
executive branch broad grants of authority
The Office of the President
President has gone from no bureaucracy to a huge one over
150 years
1921: Budget and Accounting Act set up Bureau of the Budget,
now Office of Management and Budget (OMB).
Rule of propinquity: Power is wielded by those in the room
when a decision is made.
1939 Commission on Administrative Management made
several suggestions: 1) Presidential staff should be small 2)
“Passion for anonymity,” and 3) Should coordinate information
flow
In reality, the staff is huge, key staffers are always out front,
and Cabinet officials are always complaining that White House
staffers shut them out of the policy-making process
Ways of Organizing White
House Staff
Pyramidal: Assistants report to a Chief of Staff
Circular: Cabinet Secretaries report directly to the
President
Ad hoc: Task forces, committees, informal advisors
deal directly with President
It’s common for Presidents to mix methods…each
structure has advantages and disadvantages
Pyramidal—orderly flow, but risks
isolating/misinforming President
Circular: Lots of info, too much confusion/conflict
Ad hoc: Flexible, but cuts off policy channels to
Cabinet secretaries/those who carry out policy
Executive Office of the
President (EOP)
Composed of agencies that report directly to the president
Appointments must receive Senate confirmation, unlike the White House
staff.
Office of Management and Budget, perhaps the most important agency in
the EOP
a) Assembles the budget
b) Develops reorganization plans
c) Reviews legislative proposals of agencies
d) Has recently become more of a policy advocate
White House staff need not be confirmed by Congress; EOP DOES
Legislative veto came out of this process…1983 was declared unconstitutional in
Chadha
EOP: Principal Agencies
Office of Management and Budget (OMB): Most
important of the 5. Analyzes President’s budget, also
studies operations/organization of Executive Branch,
devises plans for reorganization, reviews Cabinet
department proposals in President’s legislative
program. Staff of over 500, career civil servants.
Nonpartisan, but increasingly influential
Central Intelligence Agency
Council of Economic Advisors
Office of Personnel Management
Office of the U.S. Trade Representative
The Cabinet
Informal Amendment; heads of 14 Executive
Departments (President can elevate others)
President appoints more cabinet officials than
PM because Presidents need to make up for
the loss of power due to separation of powers
Cabinet Secretaries frequently lose sight of
overall agenda of President; each department
seeks to enlarge its “piece of the pie.”
Appointments to these positions give the
President a chance to reward friends and
political supporters
Appointees
President appoints 3,000 personnel
Come from private business, “Think Tanks,” law firms, labor
unions. Not novices—especially cabinet/subcabinet
President knows few appointees personally.
Most appointees to the cabinet and subcabinet have had
federal experience.
“In-and-outers” alternate between federal government and
private sector jobs. Latest trend: Ph.D. professors (Bush is NOT
this way though—except for Bernanke)
Need to consider groups, regions, and organizations when
making appointments
Rivalry often develops between department heads (who
represent expert knowledge) and White House staff (who are
extensions of presidential priorities).
Women, minorities, opposition in Cabinet
Certain posts filled by certain people (Interior)
Presidential Character
Eisenhower: orderly, precise military-style
JFK: informal, personal, would call subordinates
LBJ: Persuader, made every decision himself
Nixon: shielded himself, put Staffers in control
Ford: happy with debate style of Congress, circular
Carter: Outsider, circularpyramidal (read a lot)
Reagan: Set broad objectives, left details to others,
“Great Communicator”
Bush (41): Hands-on manager, CIA experience,
House member
Clinton: paid attention to public policy, informal
aides, effective speaker
Bush (43): Hands-off, Reagan-style manager
Persuasion: Audiences
(Neustadt, Presidential Power)
Fellow politicians/leaders: Most important—
shrewd politicians get lots done..or those
perceived as shrewd
Party Activists/Officeholders outside
Washington (partisan grassroots): Helps these
people raise money, motivates
“The Public”: There are actually many publics,
have to please different groups of people.
Press conferences becoming exceedingly rare;
formal speeches now the rule
Popularity/Influence
Coattail effect established in Presidential
elections, but NOT in off-year Congressional
Effect has declined in recent years
Presidents lose power after inauguration
“Honeymoon”
Presidential veto influential; only 4% overridden
Executive Privilege
Should a President be required to divulge
private conversations between himself and his
principal advisers?
Presidents: NO. 2 grounds: 1) Separation of
Powers doesn’t provide right of inquiry 2)
Statecraft requires information to be candid
Not challenged seriously until 1974, U.S. v.
Nixon. Court affirmed District Court decision to
disregard Nixon’s motion to quash a
subpoena duces tecum against Nixon. (DT= A
command to a witness to produce documents)
U.S. v. Nixon (1974)
Washington, D.C., 1974. At the Watergate Hotel, burglars
break into Democratic Party HQ. Seven high-level
White House staff are indicted for obstructing justice.
Special Prosecutor Leon Jaworski learns President
Nixon has recorded hundreds of conversations with
his aides; he orders the tapes turned over as
evidence. The President refuses, claiming executive
privilege. The Prosecutor sues the President.
Two months later, the Supreme Court orders the
President to turn over the tapes. Chief Justice Warren
Burger writes: ``Neither the doctrine of separation of
powers, nor the need for confidentiality of high-level
communications, without more, can sustain an
absolute, unqualified Presidential privilege of
immunity from judicial process under all
circumstances.”
Result: The Independent
Counsel Law
Independent Counsel
Law
Passed in 1978; allowed Attorney General to
ask a 3-judge panel to appoint an
independent counsel whenever a high official
is charged with serious misconduct
Investigated mostly Republicans until ’93, 18
investigated overall, ½ charged
Renewed in 1993 for 6 years
Law sunsetted in 1999
Without law, how could any high official be
investigated while the Attorney General is on
their side???
Clinton and Exec. Privilege
In Paula Jones case, Clinton claimed
Executive Privilege for Secret Service
Officers and other government
attorneys. Result: President can be
sued and these people do not have
Executive Privilege
Putting Together a Program
To develop policies, Presidents can rely on interest
groups, aides, Federal Agencies or Outside experts,
each has +s and –s
Carter/Clinton Method: Policy on everything
Reagan Method: Have 4-5, rely on subordinates for
everything else
President will often float “trial balloons” on
controversial issues
3 constraints: Time,Unexpected Crises, Federal
budget can only be changed marginally because of
entitlement spending
Congress must be consulted before major
departmental reorganization takes place
Presidential Transition
When Presidency changes hands, usually
“Transition Office” will open
8 times a VP has suddenly had to take over
22nd/25th Amendment Review. Line of
succession: VP, Speaker, Pro tempore, Sec
of State, etc.
Impeachment: Indictment by House, trial in
Senate
Clinton Impeachment: More serious than
Johnson impeachment, got off because
economy was strong and nation at peace
Rules for Presidential
Success
Move it or Lose it
Avoid details
Cabinets don’t get much accomplished;
people do….use capable White House
subordinates
Take advantage of the “Bully Pulpit”
Chapter 14 Learning
Objectives
After reading and reviewing the material in this chapter, the student
should be able to do each of the following:
1.
Explain the differences between the positions of president and
prime minister.
2.
Discuss the approach taken by the Founders in regard to
executive power.
3.
Sketch the evolution of the presidency from 1789 to the present.
4.
List and describe the various offices that make up the executive
branch.
5.
Review discussions of presidential character, and explain how
these relate to the achievements in office of various presidents.
6.
Enumerate and discuss the various facets—formal and informal—
of presidential power.