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The Constitutional Basis of the Presidency.

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Presentation on theme: "The Constitutional Basis of the Presidency."— Presentation transcript:

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8 The Constitutional Basis of the Presidency

9 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

10 Constitutional Basis of the Presidency 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

11 Constitutional Basis of the Presidency 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

12 How Presidents and Vice Presidents are Chosen General Election (first Tuesday in November) Voters vote for electors Electoral College (1 st Monday after second Wednesday in December) Electors vote for president and vice president respectively IF top presidentia l and vice- presidentia l 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. House Representative s vote for president by state. Majority is needed to win. Senate Senators vote for vice president (from top 2 candidates). Majority is needed to win. Vice presidential candidate receives 51 votes or more. Presidential candidate receives 26 votes or more. Top presidential candidate receives 270 votes or more Top vice- presidential candidate receives 270 votes or more President elected Vice president elected President elected Vice 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. If neither candidate is elected by Jan. 20, speaker of the House becomes acting pres. until pres. is elected by the House. 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.

13 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

14 Constitutional Powers of the Presidency Expressed Powers: Powers granted to the president by the Constitution –Military –Judicial –Diplomatic –Executive –Legislative

15 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)

16 Expressed Powers

17 Constitutional Powers of the Presidency Inherent Powers: Presidential powers implied, but not directly stated, by the Constitution –Executive Orders –Other powers as needed

18 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

19 Expressed Powers

20 Constitutional Powers of the Presidency 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

21 Constitutional Powers of the Presidency Judicial Powers –President can “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

22 Constitutional Powers of the Presidency Diplomatic Powers –President is the Head of State –Receives “Ambassadors and other public Ministers” –Acknowledges which foreign governments are legitimate –Treaties/Executive Agreements

23 Constitutional Powers of the Presidency 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

24 Constitutional Powers of the Presidency Legislative Powers –Addresses Congress on the state of the union –Submits proposals for legislation –Can veto bills –Has power to issue executive orders

25 The Veto Process

26 Presidential Vetoes (1789–2008)

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

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29 Constitutional Powers of the Presidency Delegated Powers –Congress delegates powers to the executive branch when it creates agencies that must use discretion to fulfill their missions

30 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

31 Innovations in Presidential Power Techniques first used in the middle of the 20 th 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.

32 FDR 2 How? –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”

33 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

34 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

35 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

36 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

37 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”

38 Work in the White House

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

40 The Presidency as an Institution

41 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

42 The Presidency as an Institution 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

43 The Presidency as an Institution 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

44 The Presidency as an Institution 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

45 The First Spouse

46 The Presidency as an Institution 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

47 Contemporary Bases of Presidential Power Sources of presidential strength: –Party –Popular Mobilization –Administration

48 Contemporary Bases of Presidential Power 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

49 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

50 Presidential Success on Congressional Votes

51 Contemporary Bases of Presidential Power Going Public –19 th century presidents were expected to be unifiers, and not speak out in public about policies –Now presidents must carefully cultivate their public image

52 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

53 WHO ARE AMERICANS? Chapter 13 WHO THINKS THE PRESIDENT IS DOING A GOOD JOB?

54 WHO ARE AMERICANS? Who Thinks the President is Doing a Good Job? Mar.’09 50% 25% Barack Obama Job Approval 75% Jun.’09Sep.’09Dec.’09Mar.’10Jun.’10Sep.’10 SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.

55 WHO ARE AMERICANS? Who Thinks the President is Doing a Good Job? Obama’s Handling of Issues Percentage approving, by party identification SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, Situation in Afghanistan Independents Republicans Democrats Health Care Policy Economy

56 WHO ARE AMERICANS? Who Thinks the President is Doing a Good Job? 50% SOURCE: Gallup.com, “Presidential Approval Ratings—Gallup Historical Statistics and Trends,” (accessed 5/11/10). Approval Ratings of Past Presidents John F. KennedyLyndon B. JohnsonRichard NixonGerald R. Ford Jimmy CarterRonald ReaganGeorge H. W. Bush Bill ClintonGeorge W. Bush 50%

57 The Administrative State

58 Contemporary Bases of Presidential Power 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

59 Contemporary Bases of Presidential Power 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

60 Contemporary Bases of Presidential Power Governing by Decree –Executive orders –Presidential decrees –Executive agreements –National security findings and directives –Proclamations –Reorganization plans –Signing statements

61 Significant Executive Orders, 1900–1995

62 Thinking Critically about Presidential Power and Democracy

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

64 Public Opinion Poll Which branch of government do you believe is most powerful? a)Congress b)Presidency c)Judiciary

65 Public Opinion Poll Which branch of government do you believe should be most powerful? a)Congress b)Presidency c)Judiciary

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

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

68 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? a)Expressed b)Delegated c)Inherent

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

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

72 The Presidency

73 The Constitutional Powers of the Presidency

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

75 Expressed Powers

76 Satire and Perceptions of the American Presidency


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