The Constitutional Basis of the Presidency The framers of the Constitution wanted an “energetic” presidency, capable of quick, decisive action.

The Constitutional Basis of the Presidency
The framers of the Constitution wanted an “energetic” presidency, capable of quick, decisive action. However, when George Washington was sworn in as the first president in 1789, the presidency was a less powerful office than it is today.

Constitutional Basis of the Presidency
Article II: “The executive power shall be vested in a President of the United States of America” This affirmed that one person would hold the presidency, allowing for “energy” in times of need Just a reminder that the Constitution is printed in its entirety at the end of the textbook, should you want to have your students read Article II before class. The term “energy” comes from the Federalist Papers, defending the executive against claims of monarchy. This “energy” stands in contrast to Congress, which the framers believed would move slowly.

Presidential Selection: by Congress or the voters? Republican solution—state legislatures would select slates of electors, from which the people would pick If a majority of electors could not agree, the decision would be made by the House of Representatives This doesn’t make much sense in today’s context. However, it does if one considers that the founders did not believe there would be political parties, and that the president would be a unifying figure above party politics.

Presidential candidates were first chosen by the party members in Congress Led to claims the president was beholden to Congress Parties later created nominating conventions Delegates initially selected by state party leaders The point here is to show your students how dynamic American political history has been. The American system is constantly changing, and if all you manage to do is give the students some sense that American politics have not always been as they are today, this may encourage them to learn more.

How Presidents and Vice Presidents are Chosen
IF top presidential and vice-presidential candidates receive fewer than 270 electoral votes, decisions are made in the House and Senate. Each state gets one vote in the House, two votes in the Senate. Presidential candidate receives 26 votes or more. General Election (first Tuesday in November) Voters vote for electors Electoral College (1st Monday after second Wednesday in December) Electors vote for president and vice president respectively President elected If no pres. Candidate receives 26 votes by Jan. 20, and v.p. has been elected, v.p. becomes acting pres. until pres. is elected by the House. House Representatives vote for president by state. Majority is needed to win. If neither candidate is elected by Jan. 20, speaker of the House becomes acting pres. until pres. is elected by the House. Senate Senators vote for vice president (from top 2 candidates). Majority is needed to win. Top presidential candidate receives 270 votes or more Top vice-presidential candidate receives 270 votes or more If no v.p. candidate is elected by Jan. 20, and pres. has been elected, a v.p. is appointed by the pres. and approved by Congress. President elected Vice president elected Vice president elected Vice presidential candidate receives 51 votes or more.

Constitutional Powers of the Presidency
Delegated Powers: The president “shall take Care that the Laws be faithfully executed” Congress delegates the power to enact its will to the executive branch This means that the executive branch has a light form of lawmaking power, in that it, and not Congress, is the branch that determines how laws are actually executed. This is the basis of INS v. Chadha (1983).

Expressed Powers: Powers granted to the president by the Constitution Military Judicial Diplomatic Executive Legislative You will be going into each in detail in the following slides.

A schema of Presidential Roles/Powers
President has two general categories of powers/roles HOS – Head of State HOG – Head of Government HOS: ceremonial, symbolic status as the embodiment of the American nation (non-political)

Expressed Powers As head of state, the president is America’s chief representative in dealings with other countries. At the first official state dinner, President Obama and Michelle Obama welcomed India’s prime minister, Manmohan Singh, and his wife, Gursharan Kaur, to the White House.

Inherent Powers: Presidential powers implied, but not directly stated, by the Constitution Executive Orders Other powers as needed

President as HOG HOG: executive in charge of the nation (political roles/jobs/powers) Commander in Chief Chief diplomat Chief legislator Chief jurist Chief executive Party chief

Expressed Powers In 2010, President Obama visited American troops in Afghanistan. A few months earlier, Obama ordered a “surge” of 30,000 reinforcements to be sent to Afghanistan. Although the strategy was controversial, even among Obama’s own party, Congress approved funding for the increase in troops.

Military Powers President is Commander in Chief Congress has power to declare war, but in last 50 years this has been ignored Can deploy troops domestically in an emergency, to enforce a federal judicial order, or to protect federally guaranteed civil rights The Posse Comitatus Act of 1878 generally prohibits the use of the military in the role of domestic law enforcement outside of the cases listed above, in order to prevent the president from encroaching on state police powers.

Judicial Powers President can “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” Pardons are unconditional and no reason need be given for them. Students may ask about this power. Pardons are typically granted in cases where they will either aid in national healing after a large disagreement, or in cases where individuals fell into the judicial system in violation of a law that was not really intended to punish people like them. In short, the pardon power is like a pressure valve, and when used properly (which it certainly is not always the case), it can keep the judicial system healthy by weeding out those who were not intended to fall into it.

Diplomatic Powers President is the Head of State Receives “Ambassadors and other public Ministers” Acknowledges which foreign governments are legitimate Treaties/Executive Agreements Students may not understand the significance of the president being able to determine the legitimacy of new governments, so it may be worth explaining how important this is in the time of a coup, where a democratically elected president, say, has to flee the country.

Executive Powers President must make sure that all laws are faithfully executed Can appoint, remove, and supervise all executive officers Has power to appoint all federal judges The power to appoint judges is not limitless. By tradition, which at this point cannot be broken (as President Carter learned), the president looks to the Senators from his or her party in a given state for a list of candidates when a federal judgeship opens. The Senate also does not hesitate to vote down appointees when the members feel the person is not appropriate, and this is becoming an increasingly partisan exercise.

Legislative Powers Addresses Congress on the state of the union Submits proposals for legislation Can veto bills Has power to issue executive orders A point not mentioned in the textbook regarding executive orders is that they have the effect of being law—but they cannot override a law and a new law can override an executive order. Thus, executive orders can be conceived of as filling in the gaps between laws.

The Veto Process FIGURE 13.1 The Veto Process
*PL = public law; 107 = number of Congress (107th was 2000–2001); 999 = number of the law.

Presidential Vetoes (1789–2008)
TABLE Presidential Vetoes (1789–2008)

Presidential Vetoes (1789–2008) (cont’d)
TABLE Presidential Vetoes (1789–2008) (cont’d)

Delegated Powers Congress delegates powers to the executive branch when it creates agencies that must use discretion to fulfill their missions Even as late as 1935, in Schechter Poultry Corp v. United States, the Supreme Court overturned a law in which Congress gave the executive branch authority to regulate the inspection and sales of chickens. This was known as the “sick chicken case.” Congress created a law allowing for local industries to write codes of conduct that had the force of law, and the Supreme Court found that this violated the separation of powers by giving the executive branch the authority of the legislature. Later overturned, the case reveals that even as late as the 1930s the Court was uncomfortable with the newly expanding powers of the executive branch—powers that are now taken for granted. Indeed, they have to exist, because it is impossible for Congress to pass a law for every minor regulation promulgated.

Patronage The power to reward supporters through the power to make appointments is a important institutional resource for the president The Merit System, designed to end the spoils system, limits this power

Innovations in Presidential Power
Techniques first used in the middle of the 20th century now have become mature tools Going public TR/ WW first, but the master was FDR+ FDR: Hostile press, mold and use them to mold PO Direct link w/ Pple.

FDR 2 Now? How? Town hall meetings/ friendly journalist
Press conference –b-/wkly On/off record Good stories Press secretary Now? Town hall meetings/ friendly journalist Clinton: war room White House Comm office. “manage news”

Limits of Going Public Public is fickle Examples
Some decline is inevitable = can’t fulfill all promises – sppt/ popularity decays over time When sppt declines, influence decays Less going public because of this Go form offense GP to defense GP

The use of the Administrative state
Reach and pow of EOP Greater control of Bureaucracy Expand role of executive orders and other tools of direct presidential governance. Together = administrative state/strategy Can do much without Congressional approval, sometimes against Congressional approval. Role of OMB

Regulatory review Laws passed by Congre need rules/regulations = discretion Ex of Clinton = 107 directives telling admin to adopt specific rules Government by decree: executive orders Ex orders Ex agreements Nat sec findings Directives Proclamations Reorgan plans Signing statements

The Role of Wars and Emergenices
Ex agreements = replaced treaties?? Often used for purely domestic purp Use of decrees bound by law, cannot do everything or anything Must be based in constitution or congress statute When not = crts held void Imp case = Youngstown Co v Sawyers – steel case seizure of 1952 No takeover of steel mills during Korean War

Review 2 Tribute of the people Executive privilege Genet affair
War time democracy Bully pulpit Government as agent of reform President and economic security Common good v. “economic freedom”

Work in the White House

The Presidency as an Institution
The president has thousands of staff who work for his or her administration FIGURE 13.2 The Institutional Presidency

FIGURE 13.2 The Institutional Presidency

The Cabinet Origin: Early presidents had a secretary who would store the president’s papers in a cabinet The Cabinet: Heads of the major executive branch departments Students should understand that originally the president had virtually no staff. Now the cabinet meets as a group only rarely, and mostly for ceremonial purposes. Also, some secretaries almost never meet with the president, such as the HUD, Energy, or Agricultural secretaries, while those from Defense, State, and Treasury sometimes meet with the president daily. The head of the Justice department is called the Attorney General.

White House Staff Analysts and political advisors who inform the president about policies and their political implications Not to be confused with the Executive Office of the President Students who watch the West Wing will be familiar with the White House staff.

Executive Office of the President Permanent agencies that perform specific management tasks for the president Office of Management and Budget (OMB) Must approve every proposal from an executive agency that requires spending Refer to Figure 13.2 for a list of units inside the EOP

Vice Presidency The role of the Vice President varies Only constitutional role is to preside over the Senate Expected to remain informed enough to take over immediately as president Vice President Joseph Biden had thirty-five years’ experience in the Senate before Barack Obama picked him as his running mate. In particular, Biden’s foreign policy experience was seen as an important strength in the campaign and the Obama administration. FDR’s vice president John Nance Garner described the vice presidency as being “not worth a bucket of warm piss,” but in the modern presidency, the VP can play a very important role, as Gore, Cheney and Biden have done.

The First Spouse During the 2008 presidential campaign, Michelle Obama campaigned for her husband, speaking at rallies and appearing on talk shows. As first lady, she has worked on numerous issues, including childhood obesity.

The First Spouse This role also varies from administration to administration Traditionally performed primarily ceremonial roles Now often take a more active roll; defining the position can be difficult It should be noted that first ladies (and someday first gentlemen) have significant staffs of their own, with policy advisors, schedulers and public relations staff. Michele Obama, a successful lawyer, has worked in the traditional role of first lady, campaigning against childhood obesity, organizing organic gardening on the White House grounds, and staying (at least publically) out of politics.

Contemporary Bases of Presidential Power
Sources of presidential strength: Party Popular Mobilization Administration President Franklin Delano Roosevelt’s direct appeals to the American people allowed FDR to “reach over the heads” of congressional opponents and force them to follow his lead because their constituents demanded it.

Party When the president’s party controls Congress and they share policy goals, the president can have tremendous influence This is a two-edged sword when the opposing party is in power President Clinton also met with less success than he would have liked when the Democrats controlled Congress, largely because he wasn’t able to convince them that his policies would be popular with the public.

Groups as a Presidential Resource
Franklin Roosevelt’s New Deal Coalition assisted the passage of New Deal legislation Similarly, groups supporting Ronald Reagan permitted a number of legislative victories in the 1980s

Presidential Success on Congressional Votes
FIGURE 13.3 Presidential Success on Congressional Votes* (1953–2009) Presidents have more success in Congress when their party is in the majority. Can you identify the periods when presidents had majority support in Congress and when they did not? *Percentages based on votes on which presidents took a position. SOURCE: Congressional Quarterly CREDIT: Nelson HSU/NPR

Going Public 19th century presidents were expected to be unifiers, and not speak out in public about policies Now presidents must carefully cultivate their public image You may also wish to mention the “honeymoon” period of the first 100 days presidents usually have. This is not a given, and President Clinton mishandled his. But for the most part the Congress and the media are kind on the president for the first three months in order to give the administration some time to get its act together and its most important policies advanced.

Presidential Use of the Media
President’s have increasingly turned to the media to mobilize public support President Reagan held spoke to the nation on a number of occasion to seek public support for his legislative agenda

WHO THINKS THE PRESIDENT IS DOING A GOOD JOB?
Chapter 13 In the presidential approval polls, respondents are asked, “Do you approve of the way the president is handling his job?” These graphs show the percentage of positive responses. As we can see, presidents generally experience broad shifts in popular approval. Perhaps not surprisingly, members of the president’s own party are more likely to think the president is doing a good job, as in the case of Obama’s handling key issues. WHO THINKS THE PRESIDENT IS DOING A GOOD JOB?

Who Thinks the President is Doing a Good Job?
Barack Obama Job Approval 75% 50% 25% In the presidential approval polls, respondents are asked, “Do you approve of the way the president is handling his job?” These graphs show the percentage of positive responses. As we can see, presidents generally experience broad shifts in popular approval. Perhaps not surprisingly, members of the president’s own party are more likely to think the president is doing a good job, as in the case of Obama’s handling key issues. Mar.’09 Jun.’09 Sep.’09 Dec.’09 Mar.’10 Jun.’10 Sep.’10 SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.

Obama’s Handling of Issues Percentage approving, by party identification Situation in Afghanistan Republicans Independents Democrats Health Care Policy In the presidential approval polls, respondents are asked, “Do you approve of the way the president is handling his job?” These graphs show the percentage of positive responses. As we can see, presidents generally experience broad shifts in popular approval. Perhaps not surprisingly, members of the president’s own party are more likely to think the president is doing a good job, as in the case of Obama’s handling key issues. Economy SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.

Approval Ratings of Past Presidents 50% John F. Kennedy Lyndon B. Johnson Richard Nixon Gerald R. Ford 1962 1964 1966 1968 1970 1972 1974 1976 50% Jimmy Carter Ronald Reagan George H. W. Bush In the presidential approval polls, respondents are asked, “Do you approve of the way the president is handling his job?” These graphs show the percentage of positive responses. As we can see, presidents generally experience broad shifts in popular approval. Perhaps not surprisingly, members of the president’s own party are more likely to think the president is doing a good job, as in the case of Obama’s handling key issues. Questions for Classroom Discussion: 1. What factors help to explain changes in presidential approval ratings? Can you identify some specific events that were associated with sharp upswings or drops in presidential approval? 2. Does popular approval really affect presidential power? How can popular feelings about the president affect the president’s conduct and influence? 1978 1980 1982 1984 1986 1988 1990 1992 50% Bill Clinton George W. Bush 1994 1996 1998 2000 2002 2004 2006 2008 SOURCE: Gallup.com, “Presidential Approval Ratings—Gallup Historical Statistics and Trends,” (accessed 5/11/10).

The Administrative State
President Bill Clinton was a master of the televised town meeting, in which the president gives the appearance of consulting average citizens on important policy issues. Clinton’s technique illustrated how campaign-style events could become tools to shape and sell national policy.

The Administrative State: Presidents have tried to increase their power vis-à-vis Congress through three administrative mechanisms: Enhancing the reach and power of the Executive Office of the President Increasing White House control over the bureaucracy Expanding the role of executive orders and other instruments of direct presidential governance

Executive Office of the President 400 staff in WHO and 1,400 in EOP President’s staff are equal to the task of proposing legislation and countering Congress Regulatory Review White House determines how agencies should operate Of course, the administration also places administrators in top positions in the agencies, meaning that it can also shape policy by placing like-minded individuals in charge of the agencies.

Governing by Decree Executive orders Presidential decrees Executive agreements National security findings and directives Proclamations Reorganization plans Signing statements Signing statements are interpretations of new laws by the administration.

Significant Executive Orders, 1900–1995
FIGURE 13.4 Significant Executive Orders, 1900–1995 Over the past century, presidents have made increasingly frequent use of executive orders to accomplish their policy goals. What factors explain this development? How has Congress responded to increased presidential assertiveness? What might explain the large number of executive orders issued during the 1940s? SOURCE: William Howell, “The President’s Powers of Unilateral Action: The Strategic Advantages of Acting Alone” (Ph.D. diss., Stanford University, 1999).

Thinking Critically about Presidential Power and Democracy
Obama campaigned on a platform of “change,” and while he did overturn numerous Bush-era policies, he gave up few of the institutional powers that Bush and earlier presidents had claimed.

Public Opinion Poll Do you believe the expectations of the American people with regard to the President are too high? Yes No 62

Public Opinion Poll Which branch of government do you believe is most powerful? Congress Presidency Judiciary 63

Public Opinion Poll Which branch of government do you believe should be most powerful? Congress Presidency Judiciary 64

Public Opinion Poll Should Congress be able to declare, through legislation, that the president must cease a military activity? Yes No 65

Public Opinion Poll Which of the following do you believe is the most important role of the President? Commander in Chief (in charge of the military) Chief Diplomat (managing our relations with other nations) Chief Executive (as “boss” of the executive branch) Chief Legislator (legislative powers) Chief Politician (party leadership) 66

Public Opinion Poll Presidents have expressed, delegated, and inherent sources of power. Which of the three do you think most accounts for the powers of the contemporary presidency? Expressed Delegated Inherent 67

Chapter 13: The Presidency
Quizzes Flashcards Outlines Exercises wwnorton.com/wtp8e 68

Following this slide, you will find additional images, figures, and tables from the textbook.

The Presidency Shortly after taking office in 2009, President Barack Obama signed the American Recovery and Reinvestment Act bill, which provided $787 billion to help stimulate the economy. As a new president, Obama inherited numerous challenges—like the economic recession—as well as vast powers.

The Constitutional Powers of the Presidency
The term imperial presidency was popularized in 1973 by a book of that name written during the Vietnam era. President Lyndon B. Johnson, pictured here greeting American troops in Vietnam, believed that his presidential powers allowed, through the Gulf of Tonkin Resolution, any of the nation’s resources to be used to fight the war in Vietnam.

The President versus the World: How Presidents Seized Control of War Power

Expressed Powers The Supreme Court’s decision in U.S. v. Nixon is often seen as a blow to presidential power because Nixon was required to turn over secret tapes related to the Watergate scandal, despite his claim of executive privilege.

Satire and Perceptions of the American Presidency

The Constitutional Basis of the Presidency The framers of the Constitution wanted an “energetic” presidency, capable of quick, decisive action.

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The Constitutional Basis of the Presidency The framers of the Constitution wanted an “energetic” presidency, capable of quick, decisive action.

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