Chapter 10 The Presidency Chief of State • Symbolic national leader • Performs ceremonial duties – dedicates monuments, parks, special awards or recognition – gives nation a sense of unity and values • Represents US with other nations – – – – negotiates treaties accepts diplomatic credentials makes foreign executive agreements meets foreign ministers • Also political leader of Government • Difficult for some to balance the two roles Chief Executive Officer • • • • Cabinet/Agency Appointments Judicial reprieves, pardons, and amnesty National emergencies in peacetime Faithfully execute laws of the land Presidential Popularity The Presidency • The President’s Constitutional Powers • Presidential Roles • Organization Constitutional Requirements to Hold Office • Article II of the Constitution • At least thirty-five years of age – John F. Kennedy, at the age of fortythree, was the youngest to be elected. • Natural-born citizen – Martin Van Buren, born in 1782, was the first president born under the U.S. flag. • Resident of the United States for fourteen years Term of Office • The president serves a four-year term. • The Constitution did not limit the number of terms that could be served. • President Washington left office after two terms, thereby establishing the tradition of a two-term presidency. • President Roosevelt was elected to four terms. • Twenty-second Amendment limits president to two terms. Article I Powers of the President • State of the Union • Recommend to Congress measures he shall judge necessary and proper. • Veto • Pocket veto • The line-item veto was granted to the president in 1996 but was declared unconstitutional. Article II Powers • Commander in chief • Request opinions of executive department heads • Grant pardons except for impeachment • Appointments • Treaties • “...he shall take Care that the Laws be faithfully executed….” Plasticity of Presidency • The President “shall Care that the Laws be faithfully executed”. • Stewardship Theory - president can under take act as long as it is not specifically prohibited. • Constitutional Theory - president cannot exercise any power unless it is based on a constitutional provision Bureaucratic and Judicial Powers • Appointment authority within executive and judicial branch • Removal authority – unrestricted when it applies to non-civil service appointees. – restricted when it applies to independent regulatory agencies. • Pardons - power to grant reprieves and pardons for offenses against U.S. Institutional Resources of Presidential Power • The Cabinet • The White House Staff • The Executive Office of the President The Cabinet • There are fifteen Cabinet departments that carry out the legislative mandates of Congress. – Inner cabinet - DOS, DOD, DOJ, DOTres – Outer cabinet - eleven other departments • The president is the Chief Executive and appoints the Cabinet secretaries. • Kitchen cabinet Staff Size Has Grown 431 2004 The White House Staff • Prior to 1932 - mainly clerical • Today - highly specialized policy experts • Sixty senior aides in both foreign and domestics policy areas • They are not subject to the Senate advice and consent. Primary Functions • Broad area of advice not influenced by department or special interests • Set legislative agenda • Keep track of bureaucratic processes • Review actions of cabinet departments • Schedule President’s activities • Filter all requests made to President – say no when President doesn’t want to The Executive Office of the President • Permanent staff agencies with 1500 to 2000 employees • The Executive Office of the President performs most of the management tasks for the president. • The Office of Management and Budget is the most important office. • NSC/NSA • Council of Economic Advisors The Vice Presidency • Exists to succeed the president in case of death, incapacity, resignation, or impeachment • Also presides over the Senate, but votes only to break ties • Balances the ticket – JFK and LBJ – Bush and Cheney – Gore and Lieberman 25th Amendment • Procedures to replace VP – nominated by President, confirmed by Congress • Twenty-fifth Amendment provides for the constitutional replacement of president in case of incapacity • Presidential Succession Act of 1947 + vice president, + speaker of the House, + president pro tempore of the Senate, + cabinet departments by date of creation. President and Foreign Affairs • Commander in Chief (CinC) – manning the military – making war • Chief Diplomat/Negotiator – Treaties and Agreements The President as CinC • Select/promote senior staff • Congress declares war • Commit military forces – – – – WWII to Vietnam unrestricted Gulf of Tonkin Resolution 1964 War Powers Act/Resolution 1973 Hughes-Ryan Amendment - covert ops • Secret executive agreements • Set up military governments Chief Diplomat/Negotiator • International Treaties – Negotiated by DOS – Approved by two thirds of Senate • Executive Agreement - understand between two heads of state – does not require senate approval The President as Chief Legislator • • • • • • State of the Union Legislative Agenda Budget Proposal Veto Special Sessions Party Leader Legislative Skills • • • • • • Must know legislative environment Must have a good sense of timing Must prioritizes efforts and energies High quality legislative liaison office Bipartisan consulting efforts Bipartisan majority support crucial Presidential “Batting Average” 14-3 Veto Process Possibilities • Normal • Pocket veto • Line item veto The Veto Process Executive Privilege • Personal communications with primary advisors is immune from congressional or judicial scrutiny. • Similar to doctor - patient or lawyer client privileged information. • Not absolute and can not be applied to entire executive branch. Impeachment of the President • President may be impeached for treason, bribery, or other high crimes and misdemeanors. + Andrew Johnson (impeached but not convicted) + Richard Nixon (House Judiciary Committee voted to impeach and Nixon resigned) + William Jefferson Clinton (impeached but not convicted)