The Presidency
and the Bureaucracy
AP U.S. Government and Politics
Unit 6
“Gridlock”
• Threat of Government Shutdown (Feb
2011)
Formal Qualifications
• citizenship requirement
– doctrine of jus sanguinis (parent)
– doctrine of jus soli (territory)
• age requirement
• residency requirement
Informal Qualifications
•
•
•
•
•
•
•
•
•
white (WASP)
male
Protestant
wealthy
military experience?
executive experience?
married
tall, attractive, healthy
college-educated
President
Religion
President
Religion
President
Religion
Washington
Episcopalian
Lincoln
Deist?
F. Roosevelt
Episcopalian
J. Adams
Congregational/
Unitarian
A. Johnson
“Christian”
Truman
Baptist
Jefferson
Unitarian
Grant
Presbyterian/
Methodist
Eisenhower
Presbyterian
Madison
Episcopalian
Hayes
“Christian”
Kennedy
Catholic
Monroe
Episcopalian
Garfield
Disciples of
Christ
L. Johnson
Disciples of
Christ
J.Q. Adams
Unitarian
Arthur
Episcopalian
Nixon
Quaker
Jackson
Presbyterian
Cleveland
Presbyterian
Ford
Episcopalian
Van Buren
Dutch Reformed
B. Harrison
Presbyterian
Carter
Baptist
W.H. Harrison
Episcopalian
McKinley
Methodist
Reagan
Presbyterian
Tyler
Episcopalian
T. Roosevelt
Dutch Reformed
G.H.W. Bush
Episcopalian
Polk
Methodist
Taft
Unitarian
Clinton
Baptist
Taylor
Episcopalian
Wilson
Presbyterian
G.W. Bush
Episcopalian/
Methodist
Fillmore
Unitarian
Harding
Baptist
Obama
“Christian”/
United CC
Pierce
Episcopalian
Coolidge
Congregational
Buchanan
Presbyterian
Hoover
Quaker
(after presidency)
(often quoted Bible)
Presidents and the Military
Former Generals
No Military Experience
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Washington
Jackson
W.H. Harrison
Taylor
Pierce
A. Johnson
Grant
Hayes
Garfield
Arthur
B. Harrison
Eisenhower
J. Adams
J.Q. Adams
Van Buren
Cleveland
Taft
Wilson
Harding
Coolidge
Hoover
F.D. Roosevelt
Clinton
Obama
Presidents and Previous Office
President
Previous Office
Obama
Senator
G. W. Bush
Governor (TX)
Clinton
Governor (AR)
G.H.W. Bush
Vice President
Reagan
Governor (CA)
Carter
Governor (GA)
Nixon
Vice President
Johnson
Senator
Kennedy
Senator
Term of Office
• Constitution established a 4-year term with
potential for unlimited re-election
– Washington sets precedent
– FDR breaks precedent
• 22nd Amendment (1951) – 2 terms or
maximum of 10 years
• debating term limits
• single 6-year term?
Salary and Benefits
•
•
•
•
$400,000/year salary
$50,000/year expense account
retirement pension
post-presidency opportunities
Salary and Benefits
•
•
•
•
•
•
White House
Camp David
fleet of automobiles and aircraft
best medical, dental, health care
Secret Service protection
presidential library
Constitutional Roles
of the President
• chief of state – ceremonial head of the
nation and symbol of American people
Constitutional Roles
of the President
• chief executive – carries out (executes)
domestic and foreign policy
• powers:
– enforces laws, treaties, court decisions
– issues executive orders
• checks:
– Congress passes laws, has “power of purse”
– can be impeached and removed
– Court can strike down executive orders,
Congress can deny funding
Constitutional Roles
of the President
• chief administrator – director of federal
government
• powers:
– appoints executive officials and can fire them
– proposes budget to Congress
– responsible for the health of the economy
• checks:
– Senate can reject appointments
– Congress must approve budget
Constitutional Roles
of the President
• chief diplomat – architect of US foreign
policy
• powers:
– sets overall foreign policy (doctrines)
– appoints and receives ambassadors
– negotiates treaties and executive agreements
– grants diplomatic recognition to foreign
government
Constitutional Roles
of the President
• chief diplomat – architect of US foreign
policy
• checks:
– Congress appropriates funds for foreign
affairs
– Senate can reject diplomatic appointments
– Senate can reject treaties
Constitutional Roles
of the President
• commander-in-chief – citizen-head of the
armed forces
• powers:
– commands armed forces in times of war
– sets military policy
• checks:
– Congress declares war
– Congress funds military, combat operations
– War Powers Act (1973)
War Powers Act (1973)
• President can take military action
whenever he/she deems it necessary
• must inform Congress within 48 hours
• end combat within 60 days or seek
extension (plus 30 days to withdraw)
• Congress’ options:
– declare war
– extend operations
– recall troops
– cut funding
Iraq War Resolution (2002)
Reasons cited to justify use of force:
– Iraq's noncompliance with the conditions of the 1991 cease fire, including
interference with weapons inspectors.
– Iraq's alleged weapons of mass destruction, and programs to develop such
weapons, posed a "threat to the national security of the United States and
international peace and security in the Persian Gulf region."
– Iraq's "brutal repression of its civilian population."
– Iraq's "capability and willingness to use weapons of mass destruction
against other nations and its own people".
– Iraq's hostility towards the United States as demonstrated by the 1993
assassination attempt of former President George H. W. Bush, and firing on
coalition aircraft enforcing the no-fly zones following the 1991 Gulf War.
– Members of al-Qaeda were "known to be in Iraq."
– Iraq's "continu[ing] to aid and harbor other international terrorist
organizations," including anti-United States terrorist organizations.
– The efforts by the Congress and the President to fight terrorists, including
the September 11th, 2001 terrorists and those who aided or harbored them.
– The authorization by the Constitution and the Congress for the President to
fight anti-United States terrorism.
– Citing the Iraq Liberation Act of 1998, the resolution reiterated that it should
be the policy of the United States to remove the Saddam Hussein regime
and promote a democratic replacement.
Iraq War Resolution (2002)
Authorized President Bush to use the Armed
Forces of the United States "as he
determines to be necessary and
appropriate" in order to "defend the national
security of the United States against the
continuing threat posed by Iraq; and enforce
all relevant United Nations Security Council
Resolutions regarding Iraq."
House of Representatives
Party
No
Ayes Nays
Vote
Republican
215
6
2
Democrat
82
126
1
Independent
0
1
0
297
133
3
TOTAL
Significant “Ayes”
Significant “Nays”
• Sherrod Brown (D-OH)
• Dennis Kucinich (D-OH)
• Ron Paul (R-TX)
• Ted Strickland (D-OH)
Senate
Party
No
Ayes Nays
Vote
Republican
48
1
0
Democrat
29
21
0
Independent
0
1
0
TOTAL
77
23
0
Significant “Ayes”
• Joe Biden (D-DE)
• Hillary Clinton (D-NY)
• Mike DeWine (R-OH)
• John Edwards (D-NC)
• John Kerry (D-MA)
• Joe Lieberman (D-CT)
• John McCain (R-AZ)
• George Voinovich (R-OH)
Significant “Nays”
• Ted Kennedy (D-MA)
• Robert Byrd (D-WV)
Legal Challenge
• Doe v. Bush (2003)
– Resolution was challenged arguing the
Constitution does not give the President the
authority to declare war
– Court dismissed the case declaring that Court
can only intervene in cases of outright hostility
between President and Congress, or if
Congress gave the President “absolute
discretion” to declare war
Constitutional Roles
of the President
• chief “legislator” – architect of US public
policy
• powers:
– proposes legislation
– can veto legislation
– can call Congress into special session
• checks:
– Congress passes legislation
– Congress can override a veto
Constitutional Roles
of the President
• chief “jurist” – shapes the direction of the
federal courts
• powers:
– appoints federal judges
– issues pardons and amnesty
– enforces judicial rulings
• checks:
– Senate can reject or delay judicial
appointments
Non-Constitutional Roles
of the President
• chief of party – leader of party
– selects party chairman
– selects vice-presidential nominee
– doles out political patronage
• chief citizen – unofficial leader of the
American people
– provides moral leadership
– instills confidence in government
Growth of Presidential Power
• early presidents (through 19c) had limited
view of the power of the office
– let Congress provide the leadership for the
nation’s domestic policies
• most 20c presidents took the initiative on
domestic and foreign policy
– sought to lead Congress behind their vision
for the country
20th Century Presidents
•
•
•
•
•
•
•
•
Theodore Roosevelt – “bully pulpit”
Woodrow Wilson – progressivism, League
FDR – New Deal, World War II
Cold War presidents
Nixon – the “Imperial Presidency”
Congress reasserted control in 1970s
Reagan – renewed leadership
“W” – War on Terror
Non-Constitutional Sources
of Presidential Power
• one person as opposed to 535
• strong personality, leadership skills
• growing complexity of society, increased
expectations for federal government
• Congressional delegation of authority
– broadly worded legislation
– submission in economic or foreign crisis
– submission following “mandate” election
Non-Constitutional Sources
of Presidential Power
• use of the mass media to convey message
• Cold War “crisis” awarded president ongoing authority to respond
• post-9/11 “crisis” seems to be doing the
same
Keys to Presidential Success
•
•
•
•
act quickly (Hundred Days)
have a few, clearly-stated goals
avoid details
place trust in White House staff and not
the Cabinet
The White House
Camp David
Transportation
Secret Service
Presidential Libraries & Museums
White House Staff
Chief of Staff
Jacob Lew
White House Staff
Chief of Staff
Rahm Emanuel
White House Staff
Press
Secretary
Jay Carney
White House Staff
Press
Secretary
Robert Gibbs
The Cabinet
Secretary of State
Hillary Clinton
The Cabinet
Secretary of the Treasury
Timothy Geithner
The Cabinet
Secretary of Defense
Leon Panetta
Previously:
Director, Central Intelligence
W.H. Chief of Staff (Clinton)
Congressman, Budget Cmte. chair
The Cabinet
Attorney General
Eric Holder
Powers of Persuasion
•
•
•
•
•
“coattails”
popularity polls (Gallup, Rasmussen)
“honeymoon”
“first hundred days”
executive privilege
– U.S. v. Nixon (1973)
Barack Obama’s Job Approval
Current (Oct 5 2011)
Approve: 41%
Disapprove: 52%
Comments on the Vice Presidency
• John Adams: “…the most insignificant
office ever the invention of man contrived
or his imagination conceived.”
• John Nance Garner: “…not worth a pitcher
of warm piss (spit).”
• Walter Mondale: “the fire hydrant of the
nation.”
• Nelson Rockefeller: “standby equipment”
Best of Joe Biden
Best of Dan Quayle
The Vice President
• Constitutional duties
– President of the Senate (can cast tie-breaking
vote)
– assume office (succession) or duties
(disability) of President
• “balance the ticket”
• VP’s role at the President’s discretion
– increasing since World War II
• stepping-stone
VP Vacancy
• VP’s office has been vacant 18 times
• 25th Amendment (1967) allows President
to appoint a replacement with Congress’
approval
• Gerald Ford
Presidential Succession
• presidential succession – the plan by
which a presidential vacancy is filled
should the president die, resign, or be
removed from office
• originally, Constitution said “powers and
duties” shall be transferred to vice
president
• John Tyler
• 25th Amendment (1967)
Presidential Succession
• Presidential Succession Act (1947)
established line of succession after VP
• Speaker of the House
• President Pro Tempore of Senate
• Secretary of State; Treasury; Defense
• Attorney General
• Cabinet positions (in order of creation)
Order of Succession
•
•
•
•
•
•
•
•
•
•
Vice President
Speaker of the House
President Pro Tempore
Secy of State
Secy of Treasury
Secy of Defense
Attorney General
Secy of Interior
Secy of Agriculture
Secy of Commerce
• Secy of Labor
• Secy of Health and
Human Services
• Secy of Housing and
Urban Development
• Secy of Transportation
• Secy of Energy
• Secy of Education
• Secy of Veterans
Affairs
• Secy of Homeland
Security
Presidential Disability
• 25th Amendment (1967) provides
guidelines for presidential disability
• VP becomes “acting president” if:
– President informs Congress in writing that he
is/will be unable to discharge duties of office
– VP and majority of Cabinet inform Congress
in writing that President is incapacitated
• President can resume powers when either
of above informs Congress
Impeachment and Removal
• President, VP, federal judges, and other
federal officials can be impeached
• impeachable offenses
– treason
– bribery
– “high crimes and misdemeanors”
Clinton Impeachment: 10 Years Later (6:00)
Impeachment and Removal
• House of Representatives drafts article(s)
of impeachment
– if passed by simple majority, the official is
impeached and tried
• Senate conducts the trial, acting as jury
– 2/3 Senate required to convict
• if convicted, official is removed from office,
disqualified from future office, faces
possible civil charges
Impeached Presidents
Was Nixon impeached?
Bush’s Approval Ratings
Trade-offs within Bureaucracies
Fairness vs.
Responsiveness
Fairness:
Treat each case
individually, like its
special
Responsive:
Respond to all; treat all
cases the same
IRS?
Efficiency vs.
Effectiveness
Efficiency:
Methods and practices
that are cost-efficient
and time-efficient
Effective:
Methods and practices
that are most
successful, work the
best
EPA?
Independence:
Independence vs. Give bureaucrats
Accountability
freedom to make some
decisions
Accountability:
Require bureaucrats to
follow procedures; hold
them accountable
OSHA?
“Iron Triangle”
Whistleblower Protection Act (1989)
• allows bureaucrats to report retaliation or
harassment from boss to an outside agency
• weaknesses:
– whistleblowers must offer irrefutable proof of
misconduct
– it does not protect employees from retaliation if they
report misconduct to their boss (only if they report to the
Office of Special Counsel)
– it only protects the first person to report the problem
– excludes: intelligence community, FBI, TSA, NSA
Congressional Oversight
• http://www.youtube.com/watch?v=4HmYq
e6fq9E&feature=relmfu
• http://www.youtube.com/watch?v=qY8kO
mipKQY
• http://www.youtube.com/watch?v=VRPPp
m8FR70
The Bureaucracy
• What criticisms of the bureaucracy are
evident in each of the following?
– Official Pace
– Newt Gingrich: FedEx vs. the Bureaucracy
– Bureaucracy (cartoon)