A.P. Government – Unit 6 Notes (Part I)
I. Background on the Presidency
A. Debate among the Founders regarding the power of the presidency
1. Fears over recreating a monarchical tyrant (like King George III)
2. Desires of Hamilton to have a powerful leader
B. Despite checks and balances in the Constitution, the modern president clearly has the
most de facto power in the federal government (and continues to expand), despite
Congress clearly being the most powerful branch thru the 19th century
II. The Presidency in the Constitution (Formal Powers)
A. Qualifications
1. Must be a “natural-born citizen”
2. Had to be a resident of the U.S. for at least 14 years
3. Must be at least 35 years of age
B. Powers and Duties
1. Commander-in-chief of the military
a. Power to make war, not declare war
b. Ability to “nationalize” state militias
c. Limitations
i. War Powers Resolution (1973)
1. Reaction to presidential power during the Vietnam War
2. President must report to Congress with 48 hours of
deploying troops
3. President has up to 60 days to use troops w/o
Congressional approval
4. After 60 days, the president must have Congressional
approval to use troops for military action
5. Possible legislative veto? Presidents believe resolution
to be unconstitutional
ii. Congress’s “power of the purse” to defund military action
2. Chief Diplomat
a. Power to make treaties with “advice and consent” from the Senate (2/3
majority approval needed for ratification)
b. Use of executive agreements (not expressed in the Constitution) to
bypass Senate’s treaty power
c. Power of diplomatic recognition (ex. Nixon with communist China 1972)
3. Appointment Power
a. Appoint ambassadors, other public officials (ex. cabinet members, top
bureaucrats) and federal judges with “advice and consent” of the
Senate (simple majority needed for approval)
b. Includes power to remove the same officials (except federal judges)
from those positions
4. Veto power
a. Ability to veto legislation from Congress (forbid from becoming law)
with 10 days of reception
b. Possible use of pocket vetoes
c. Can be overridden with 2/3 majority of BOTH HOUSES of Congress
d. Line-item vetoes
a. Approved by Congress in 1997
b. Found unconstitutional by the Supreme Court (Clinton v. New
York – 1998)
III. Informal Powers of the President (not found explicitly in the Constitution)
A. History of expanding the president’s powers
1. Washington – creating the first cabinet
2. Jackson – expansive use of the veto
3. Lincoln – spending of funds and troop creation, restricting of civil liberties
during the Civil War
4. TR – use of the “bully pulpit”
5. FDR – the New Deal
B. Executive privilege
1. The ability to keep private conversations by the president with advisers
confidential
a. Ability to maintain separation of powers
b. Promote candid dialogue with the president
c. Protect matters of national security
2. Impact of Watergate
a. Nixon’s refusal to turn over Oval Office tapes to Congress as part of an
investigation
b. U.S. v. Nixon – the power of executive privilege is not absolute and
cannot be used to prevent other branches of government from
carrying out its’ lawful duties
C. Impoundment of Funds
1. The refusal to spend money appropriated by Congress
2. Nixon’s use of impoundment -------- Budget Reform and Impoundment Act
(1974), which was upheld by the Supreme Court
D. Symbolic Leader
1. Unlike many western democracies that divides leadership responsibilities
(prime minister and monarch), the U.S. president serves as chief executive
AND head of state
2. Healing of the nation following tragic events (ex. 9/11 and Challenger
explosion)
3. Congratulating success (ex. Super Bowl champs visiting the White House)
E. Agenda Setter
1. Determining the policy priorities for the nation
2. Utilization of the State of the Union Address (found in Article II)
3. Modern presidents have had bold plans for government
a. “The Square Deal” – TR
b. “The New Deal” – FDR
c. “The Fair Deal” – Truman
d. “The New Frontier” – JFK
e. “The Great Society” – LBJ
4. Other modern presidents have more specific agenda goals (ex. Affordable Care
Act – Obama, “No Child Left Behind” – G.W. Bush)
5. “Honeymoon Period”
a. Early months of presidency when approval levels are high and the
public is most optimistic
b. Best time to get policies enacted, most programs are enacted here
6. “Lame Duck Period”
a. Time near the end of a president’s term (usually after the election of the
next president and before the new president is inaugurated)
b. Most difficult time to get policies created – Why?
F. Power of Persuasion
1. Ability to mobilize opinion among politicians and the public
2. The better ability to persuade ------ more successful in meeting policy goals
3. “The Johnson Treatment”
4. Liability for Obama?
G. Executive Orders
1. Specific enforcement of policy in the executive branch that has the force of
law
2. Famous examples
a. FDR – Creation of Japanese-American internment camps
b. Truman – desegregation of the federal bureaucracy
c. Reagan – firing of striking air traffic controllers
d. Obama – immigration deportation policy for “Dreamers”
3. Will these be more common as gridlock expands?
IV. Presidential Character
A. The impact of presidential personality (character) on job performance, as theorized by
James Barber
B. Active vs. Passive personalities
C. Positive vs. Negative points of view
D. Presidents are categorized in one of four quadrants
1. Active-Positive
a. Presidents that truly enjoy their job and love the game of politics
b. Have great confidence in relating to others and ability to achieve bold
policy goals
c. Examples (TR, FDR, Clinton)
2. Active-Negative
a. Presidents that trust their talents, but loathe the game of politics
b. Have bold policy goals, but struggle in achievements due to inability to
compromise and relate to the public
c. Examples (John Adams, Wilson, Nixon)
3. Passive-Positive
a. Presidents that have a great ability to relate to the public
b. Lack of broad policy goals CAN lead to undistinguished legacies
c. Examples (Ford, Reagan, Harding)
4. Passive-Negative
a. Presidents that tend to take on the job out of a sense of duty
b. Try to promote stability, rather than bold policy goals
c. Examples (Washington, Eisenhower)
E. How should President Obama be categorized?
V. Other Important Members of the Executive Branch that are close to the President
A. Vice-President
1. Constitutional power to be President of the Senate (but in reality, has no real
power in the chamber other than to break legislative ties)
2. De facto top responsibility is to take over for the president due to a vacancy or
incapacitation (per the 25th Amendment)
3. Chosen via separate elections from the president (per the 12th Amendment)
4. Tradition of having no real day-to-day responsibilities (“The vice-presidency
isn’t worth a warm bucket of spit.” – John Nance Garner, V.P. from 1933
to 1941)
5. Modern presidents have had more real responsibilities
a. Al Gore – environmental issues
b. Dick Cheney – massive influence over foreign policy (ex. Iraq War)
6. Automatic legitimate candidates for president in the future
B. White House Office (WHO)
1. Direct employees of the president at 1600 Pennsylvania Ave.
2. Chosen by the president WITHOUT Senate confirmation
3. Chief of Staff
a. Primary person responsible for organizing the president’s schedule (and
more importantly access)
b. Historical legacy of powerful Chiefs of Staff (ex. Bob Haldeman for
Nixon)
c. Current Chief of Staff – Denis McDonough
4. Press Secretary
a. Official spokesperson for the president and primary liaison to the media
b. Current Press Secretary – Josh Earnest
5. Includes dozens of “counsels”, “advisors” and “assistants” who are trusted in
creating policy goals (rather than members of the actual cabinet)
6. Organization style
a. Pyramid Model
i. Hierarchical in design, promotes efficiency in communication
ii. Can isolate the president and gives the C of S tremendous
power
b. Wheel & Spokes (Circular) Model
i. Provides easy access to president for many advisers, allows for
broader flow of ideas
ii. Can be very disorganized and inefficient
C. Executive Office of the President (EOP)
1. Group of agencies that report directly to the president outside of the WHO and
Cabinet
2. Heads are appointed by the president and confirmed by the Senate
3. National Security Council (NSC)
a. Made up of the Pres., V.P., Secretaries of State and Defense, and
headed by the National Security Adviser (currently Susan Rice)
b. Coordinates polices of the State and Defense Departments
4. Office of Management and Budget (OMB)
5. National Economic Council (NEC)
VI. Selection of the President
A. Use of the Electoral College instead of direct popular vote
1. Lack of trust for the masses
2. States membership is made up of each states total membership in Congress
3. Majority is required, otherwise the president is chosen the House
4. Controversy about fairness of the process following 2000 election
B. Presidential Disability and Succession
1. 22nd Amendment (1947) – limits presidents to two terms or 10 years in office
(following certain vacancies)
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2. 25 Amendment (1967)
a. Allows for V.P. to become “temporary president” while the president is
incapacitated
b. Allows for involuntary takeover of the White House by the V.P. with
Congress permission (but allows for President to take back power)
c. Requires Presidents to fill V.P. vacancies (ex. Nixon filling V.P.
Agnew’s vacancy with Ford – 1973)
3. Presidential Succession Act (1947)
President ------- V.P. -------- Speaker of the House -------- Pres. Pro
Tempore of the Senate --------- Cabinet Heads starting with the
Secretary of State
4. Impeachment
a. House can only impeach for “Treason, Bribery or high Crimes and
Misdemeanors”
b. Upon impeachment, the Senate serves as the jury in the trial
(prosecuted by the House and presided over the Chief Justice)
c. Conviction and removal from office requires 2/3 majority in the Senate
d. Impeached presidents
i. Andrew Johnson (1868) – accused of violating the Tenure of
Office Act
ii. Bill Clinton (1998) – accused of perjury and obstruction of
justice following sex scandal with Monica Lewinsky
iii. No impeached president has been removed from office
iv. Richard Nixon (though recommended for impeachment by a
House committee) resigned before formal impeachment