What is meant by the following
statement
“Presidents don’t make new
friends. That is why they have to
hang onto their old ones.”
Chapter 6
Presidential Institutions
AP Government
Constitutional Basis for
Presidency
The Presidency and the Founding
Framers of Constitution
Experience with King of England & Royal governors Warned Americans of dangers - strong executives.
Weak executive under Articles of Confederation Highlight problems of governing without a strong
executive.
Alexander Hamilton (Federalists)
- Presidents - decisive and act quickly.
Remove president from direct
popular control. (too independent)
- 4 year presidential term –
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Limit power and popular control.
Electoral college –
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Barrier to popular control of president.
Qualifications
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Age – 35
Resident U.S. - 14 yrs
Natural Born citizen
Constitutional Powers
The Constitutional Powers of the Presidency
Article II
Presidential powers combined
- Expressed - stated in the Constitution
- Delegated - powers from Congress
- Inherent - powers given to executive
leadership usually during war
Delegated powers constitutional powers
assigned to one
governmental agency but
exercised by another agency
with express permission of
the first.
Inherent powers - powers
claimed by a president that
are not expressed in the
Constitution - inferred
President’s expressed powers
– Defined Article II, Sections 2
and 3
Several categories - military,
diplomatic, judicial,
executive, & legislative.
Expressed Presidential Powers
• Veto Proposed Bills
• State of the Union
address
• Nominate Cabinet
positions, SC Justices,
Federal Judges
•
•
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Grant Pardons
Commander in Chief
Make Treaties
Diplomat
Oversee Executive
Branch Departments
Military Powers
Article II, Section 2
“Commander in Chief of the
Army and Navy of the United
States.”
President - highest military
authority in United States.
Also, head of intelligence
agencies like the CIA, the NSC,
the NSA, and the FBI.
Legislative Powers
President - important role in shaping
the legislative agenda of Congress.
Gives “to the Congress Information
of the State of the Union”
- Recommending “such Measures as
he shall judge necessary and expedient”
Power of veto - denying
congressional action or bargaining
with legislative branch.
Legislative
Consideration
• Legislators deliberating on final passage of bill
• May delete certain section - hope to avoid a
presidential veto
– Example “the second face of power”.
Diplomatic Powers
Article II, Section 3
Power to “receive
Ambassadors and other public
Ministers.”
Expanded diplomatic power
includes ability to recognize
certain world governments as
legitimate.
Judicial Powers
Article II, Section 2
Power to “grant Reprieves and
Pardons for Offences against
the United States, except in
Cases of Impeachment.”
Amnesty
“Kingly” power - subject of
controversy.
Executive Powers
Executive powers - Article II,
Sections 2 and 3:
a) Section 2 - power to appoint
executive officers and federal
justices and judges.
b) Section 3 – president sees that
laws are faithfully executed
(most important).
Other Executive Powers
Executive Orders
Increasingly, policy through executive orders
(Bypass Congress)
President directs executive branch officials and
agencies to implement policies in accordance
with the president’s policy preferences.
Executive orders are rules or
regulations by the
president that have the
effect and formal status of
legislation.
Executive Orders
Governing By Decree
• Other important policies
established by executive order
–
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–
–
–
–
Purchase of Louisiana
Annexation of Texas
Emancipation of slaves
Internment of Japanese
Initiation of Affirmative Action
Creating federal agencies
• FDA, Peace Corps
More Executive Orders
• Truman - Desegregation
of the armed forces based
on position as
Commander-in-Chief.
• President Johnson implement the 1964 Civil
Rights Act.
• Sometimes go to far
– Supreme Court ruled
against Truman’s seizure of
steel mill during Korean
War.
Examples of Executive Orders
• President Reagan’s
Executive Order No.
12291 of 1981 provided
a reform process that
was responsible for
more deregulation.
• President Nixon
established the
Environmental
Protection Agency
through an executive
order.
President George W. Bush
• Used executive orders to
– Place limits on
embryonic stem cell
funding
– Prohibit federal funds
for family planning
– Increase domestic
energy exploration.
Presidential Action – Signing Statement
• President claims
prerogative not to
enforce those portions of
a bill he believed to be
unconstitutional
• Extending executive
power through a
technique known as a
signing statement.
Delegated Powers
• Congress passes a law and delegates power to the president to
execute that law.
• Federal government does more in society
– executive authority grows.
• Many powers exercised by the president and the executive
branch are not found in the Constitution
– Products of congressional statutes and resolutions.
– Congress created more executive departments and agencies
• Congress voluntarily delegated legislative authority to the
executive branch.
Federal Agencies
• Develop thousands of rules and regulations.
• Issue thousands of orders and findings per year.
• Sometimes Congress gives specific guidelines
– Tax legislation for the Internal Revenue Service
• Specific and detailed
• Leaves little to the discretion of the IRS.
• Congress defines a broad goal or objective
– Delegates discretionary power to administrators in
agency.
Two other examples of expanding
presidential powers.
- Increased foreign policy power to
make executive agreements – Like
a treaty – not require
congressional approval.
- Presidential practice of engaging
the U.S. military without formal
congressional declarations of war
Congress passed the War Powers
Resolution in 1973 over President
Nixon’s veto - attempt to curb
presidential power.
Presidents have
employed military
power without
Congress’s
approval.
President George H. W. Bush
ordered the Panama
invasion in 1989
President Clinton ordered
the bombing in Yugoslavia in
1995, both without
Congressional authorization.
Presidents often assert that
they do not need such
authorization.
Rise of Presidential Government
Legislative Epoch 1800 - 1933
• Intent of Constitution legislative supremacy.
• Presidency not closely
linked to major national
political and social forces.
• After Thomas Jefferson,
only Andrew Jackson and
Abraham Lincoln broke
the string of weak
presidents.
• National convention
system strengthened
the presidency.
Expanding Presidential Power
From the 19th to the 20th century
- institutional power of the presidency grew
- presidents strengthened connections to the people.
Changing conceptions of the importance of the president
President - direct role in
the domestic policy
agenda
- Immediacy of modern
war and America’s role in
the world expanded
presidential strength.
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Pivotal Presidency
• New Deal &
Franklin D.
Roosevelt became
the face of the new
presidency.
Presidential Government
• Policy decision shifted to the executive branch
• United States industrialization, urbanization, and
greater integration of global economy.
Presidential Government
Formal Resources of President
• The Cabinet
• The White House Staff
• The Executive Office of
the President
• The Vice Presidency
Executive Departments
• Cabinet –
– Modern cabinet composed of the Attorney General and
the heads or secretaries of the 15 executive departments.
– Vice President and 5 others have cabinet rank.
– President appoints but each appointment must be
confirmed by the Senate.
• Departments – Different policy areas.
– All administrative work necessary to enforce laws or assist
the president in his executive duties.
Presidential Line of Succession
• Vice President
• Speaker of the House of
Representatives
• President Pro Tempore of
the Senate
• Secretary of State
• Secretary of the Treasury
• Secretary of Defense
• Attorney General
• Secretary of the Interior
• Secretary of Agriculture
• Secretary of Commerce
• Secretary of Labor
• Secretary of Health and
Human Services
• Secretary of Housing and
Urban Development
• Secretary of Transportation
• Secretary of Energy
• Secretary of Education
• Secretary of Veterans Affairs
• Secretary of Homeland
Security
The White House Staff or Office
• Mainly analysts, advisors, and special assistants.
• Enjoy close relationship with President.
• Small, informal group of close advisors “Kitchen Cabinet”.
• Staff - “executive privilege”.
– Confidentiality
Executive Office of the President
• National Security Council – coordinates matters of national
security across agencies, “inner cabinet”
• Council of Economic Advisors – advises on economic issues.
• Office of Management and Budget –reviews the budgetary
implications of federal programs and legislation.
• Council on Environmental Quality - Environmental issues
• White House Office –important personal and political advisors
to the president - legal counsel, president’s personal secretary,
and the chief of staff. Takes care of presidents personal needs
and manages the press.
Expanding White House Staff
50 members under FDR
Over 500 in today’s White Houses.
Increased specialization and expertise
Greater capacity to collect data.
Growing executive administration empowers the
president as the “chief executive.” (CEO)
To effect policy, Presidents increasingly use
appointment powers
executive reorganization
executive orders
Vice President
• Two purposes
– To preside over the Senate and
cast the tie-breaking vote when
necessary.
– Succeed the president in case
of death, resignation, or
incapacitation
• Serve as diplomat
representing the president,
take part in policy meetings,
help raise funds for their
party
• Main value – political for
electoral purposes.
President
• In 1800’s, when Congress was America’s
dominant institution of government
– Congress treated the president with distain.
• Today – president has expanded power.
• Three ways expanded power
– Political Party
– Popular mobilization
– Administration
Popular Mobilization
• Presidential Coattails – Close tie to popular president good for
Congressmen.
• Public Support – Public opinion is an incredibly powerful tool of
persuasion
• Public Approval – Higher President’s rating, more support in
Congress.
• President elected by a large margin - Congress more likely to
support legislation proposed early in his term.
Fireside Chats
20th century - presidents expanded their
connections to the people:
-
popular presidential campaigning
Televised conventions and then primary elections
Progression of selection - caucus to convention to
primary
Popular campaigning through the mass media
- Claim electoral mandates for their policy agendas.
Permanent Campaign