The Presidency IV. Institutions of National Government: The Congress, the Presidency, the Bureaucracy, and the Federal Courts 35–45% A. The major formal and informal institutional arrangements of power B. Relationships among these four institutions and varying balances of power C. Linkages between institutions and the following: 1. Public opinion and voters 2.Interest groups 3. Political parties 4. The media 5. State and local governments Prime Minister v. President • Prime Minister – Member of Legislature – Elected by Majority Party – Fused legislative and executive functions – Directly introduces policy – Majority party policies will be passed because of party blockvoting – Cabinet sits and participates directly in legislature – Cabinet has to be member of legislature – Completely controls legislative agenda • President – Not a member of legislature – Elected by electoral college/popular vote – Separation of powers/checks and balances – Cannot directly introduce policy – No guarantee president’s policy will pass in legislature – Cabinet separate from legislature – Cabinet cannot be members of legislature – Agenda is decided by separate branches Presidential Succession Act • Establishes the line of succession to the office of President of the United States in the event that neither a President or Vice President is able to "discharge the powers and duties of the office." – Death – Resignation – Inability to serve • Speaker of the House • President pro tempore of the Senate • Secretary of State • Secretary of the Treasury • Secretary of Defense • Attorney General • …and the rest of the Cabinet Presidential Primaries • Early 1800s, congressional leaders selected candidates by caucus • Andrew Jackson’s supporters criticized the system – Jackson Democrats and Whigs held party conventions • Party bosses begin to dominate – Progressives promoted primary elections to give voters a greater role • 2008: 40 states held primaries Primaries Closed • Required to identify a party preference • Not allowed to split ticket Open • Voters decide on Election Day • Can choose to participate in either Democratic or Republican contest • Only about 25% of adult citizens cast ballots in primary elections • Tend to be party activists • Older and more affluent than voters in the general election Party Conventions • Historically: party conventions selected candidates after dramatic bargaining • Now: leading contender almost always has the nomination locked up before the convention • Functions: – Formally name candidates – Adopt party platform – Attempt to unify party and generate publicity Campaign Spending • 1988: George Bush and Michael Dukakis spent $60.3 million during primaries. • 2008: Barack Obama & John McCain spend $408 million to fund primaries. • 2012 total spending – Obama 1,107,029,174 – Romney 1,238,072,571 Campaign Finance Reform • The Federal Election Reform Act of 1974 – Created Federal Election Commission – Provided partial public funding for presidential primaries – Provided full public financing for major party candidates in the general election – Limits on individual contributions to candidates Buckley v. Valeo (1976) • Struck down limits on the amount an individual could contribute to his/her own campaign • Contributing to one’s own campaign is protected free speech Soft Money • Unregulated donations to political parties for party-building expenses – Grassroots activities – Generic party advertising • Reform laws didn’t regulate soft money donations • Soft money was used to circumvent limitations on hard money contributions The Bipartisan Campaign Reform Act of 2001 • McCain-Feingold Bill • Aimed to eliminate soft money contributions 527 groups • Tax-exempt organization created to influence the political process • Not regulated by the FEC • Do not coordinate with a candidate or party Citizens United v. FEC (2010) • Congress could not limit contributions to independent organizations that were not coordinated with the candidate – corporations protected by 1st Amendment to have freedom of political speech and there should be no limit to their spending. • led to the rise of the Super PAC – independent-expenditure organizations that can raise unlimited funds from individuals and corporations – for electioneering ads, as long as they are not coordinated directly with the candidate. Electoral College • The body that formally elects the president – Each state selects a body of electors – Senators + Reps = # – Winner take all/plurality – Winner may not get a majority of popular vote • Gore 2000 • Original Intent – Constitution • Most votes in Electoral College – President • Second most votes in Electoral College – Vice President • 12 Amendment requires Pres and VP candidates to run as a ticket – Electoral College votes separately for President and Vice President Electors • Originally chosen by state legislatures • Today selected by the parties • Electoral votes = total of representatives and senators – 7 states and DC have 3 – Total = 538 Electoral College Consequences Why it hasn’t been abolished Winner take all Requires constitutional amendment Focus on swing states Collectively benefits small states (guaranteed at least 3 votes) Emphasize issues that may swing a key bloc of voters in a pivotal state Benefits racial minorities and interest groups in key states Restricts third party candidates No consensus on how to reform Faithless Elector • Member of the Electoral College who does not cast their electoral votes for the people they have pledged to vote for – Has happened 158 times – Many states have laws that require electors to be a “rubber stamp” of popular election Presidential Powers & Duties The Cabinet • The heads of the 15 major executive departments – Not mentioned in the US Constitution • Created by Congress at the request of the President • Before taking office, the first job of the President elect is to appoint the 15 cabinet secretaries • White House Staff – Highest ranking member of Executive Office of President is Chief of Staff – Staff MUST be personally loyal to president – Can appoint/dismiss at will The Executive Office of the President • The key aids to the president that assist him with his day to day duties – The President directly hires his own assistants to oversee political and policy interests – Composed of 1600 people including the President’s top aids – Not part of the cabinet /executive agencies • Chief of Staff – Top aid to President – Responsible for managing the Executive Office • National Security Advisor – Advises on long range military and foreign affairs • Council of Economic Advisors • Domestic Affairs Advisors – Health, Education, Social Services • Office of Management and Budget – Advises and prepares President’s budget for submission to Congress Office of Management and Budget • Gives expert advice to senior White House officials on a range of topics relating to federal policy, management, legislative, regulatory, and budgetary issues – Budgeting is how the president controls the bureaucracy • Budgets increase and decrease depending on the president’s policy priorities • All budget requests go through the OMB before going to Congress • Conflicting Loyalties – 15 Executive Departments – They all compete for funds – Hard to satisfy each Presidential Appointments • Representation – Presidents try to represent many different groups – Race, ethnicity, gender • The Revolving Door • Who Gets Appointed – Reward for political help – For Fence Mending – For Ideology – For Ability and Notoriety – For Coalition Buildings with interest groups and other party – For administering presidential policy goal Veto Message/Pocket Veto 1. Sign into law 2. Veto – Vetoes are sent back to Congress within 10 days • Sent to the house where the bill originated 3. Wait 10 days – The bill becomes law if Congress is in session and the President waits more than 10 days – This does not require a signature 4. Pocket Veto (10 days) – if Congress adjourns before the ten days are up, bill will die Line-Item Veto • The power of an executive to veto some provisions in an appropriations bill while approving others – Appropriations Bill • A legislative grant of money to finance a government program • Is the line-item veto constitutional? Clinton v. New York City (1998) • Question • Did the President's ability to selectively cancel individual portions of bills, under the Line Item Veto Act, violate the Presentment Clause of Article I? • Yes. The Court then explained that under the Presentment Clause, legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President. – Assigns to the president legislative power Table 8.3: How many presidential vetoes have there been? To Learning Objectives Table 8.3: How many presidential vetoes have there been? Divided v. Unified Government • Divided Government – One party controls Executive Branch, other party controls legislature • Unified Government – Both branches of government are controlled by the same political party • What is the trend in our government, divided or unified government? Effects of Divided Government How can the President overcome the problem of divided government? • • • • • Use the media to generate public support Threaten veto Make deals with congressional leaders Build coalitions with interest groups Increased reliance on White House staff Evolution of Presidency: The Formal Powers • Founders Questioned what the president could or could not do – Create an Executive with limited power – Enforce laws of Congress – Handle Foreign Policy – Dual head of state (ceremonial & enforcer of law) – Constitutional Powers broadly defined for flexibility but resulting in greatly expanded powers Powers of the President • Formal – Commander in Chief – Commission officers of armed forces – Grant reprieves and pardons – Call Congress to formal session – Receive ambassadors – Take Care that laws are faithfully executed – Wield “executive power” – Appoint officials to lesser offices – Negotiate treaties • Informal – – – – – – – – – – – Morale builder Party leader Legislative leader Coalition builder Crisis Manager Personnel Recruiter World Leader Budget Setter Agenda Setter Conflict Resolver Persuader and Policy Communicator – Executive agreements most AP exams ask you in a MC to identify which is NOT a presidential role • President CAN’T form new cabinet level departments • Raise revenue • Declare war • Leader of political party but not authorized by Constitution Shared Powers: Congress and President • Make Treaties – Requires Senate Approval • Appoint ambassadors, judges, high officials – Requires Senate Approval • Approve Legislation – Checks and Balances – Pass through both houses, signed by President • War making – President is commander-in-chief – Congress can declare war The President and National Security Judicial Powers Executive Privilege • The power claimed by the President of the United States and other members of the executive branch to resist certain search warrants and other interventions by the legislative and judicial of government – President Nixon and his staff would not produce evidence in the House’s investigation of the Watergate scandal Bush’s approval rating. Presidential Honeymoon • The short period after a President is inaugurated when the opposition party refrains from attack – The President will attempt to put policy into action • Eventually, Congress may be able to stop that action from becoming reality Presidents become popular in crisis • Recent polls show that people separate character and behavior from political leadership and job performance – Clinton and Lewinsky? • The success of the economy is still the overriding factor in presidential job approval ratings – George W. Bush – Success in war (George H.W. Bush) President & Media • Advantage over Congress • Why? – Represents entire nation; Congressmen represent districts/states – Leader of the “free world” – More powerful than any individual member of Congress – Speaks with a single voice