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
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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
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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
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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
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State of the Union
Legislative Agenda
Budget Proposal
Veto
Special Sessions
Party Leader
Legislative Skills
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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)