7The 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.
8Constitutional 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 needJust 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.
9Constitutional 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 pickIf a majority of electors could not agree, the decision would be made by the House of RepresentativesThis 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.
10Constitutional Basis of the Presidency Presidential candidates were first chosen by the party members in CongressLed to claims the president was beholden to CongressParties later created nominating conventionsDelegates initially selected by state party leadersThe 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.
11How 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 electorsElectoral College(1st Monday after second Wednesday in December)Electors vote for president and vice president respectivelyPresident electedIf 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.HouseRepresentatives 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.SenateSenators vote for vice president (from top 2 candidates). Majority is needed to win.Top presidential candidate receives 270 votes or moreTop vice-presidential candidate receives 270 votes or moreIf 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 electedVicepresidentelectedVicepresidentelectedVice presidential candidate receives 51 votes or more.
12Constitutional 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 branchThis 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).
13Constitutional Powers of the Presidency Expressed Powers: Powers granted to the president by the ConstitutionMilitaryJudicialDiplomaticExecutiveLegislativeYou will be going into each in detail in the following slides.
14A schema of Presidential Roles/Powers President has two general categories of powers/rolesHOS – Head of StateHOG – Head of GovernmentHOS: ceremonial, symbolic status as the embodiment of the American nation (non-political)
15Expressed PowersAs 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.
16Constitutional Powers of the Presidency Inherent Powers: Presidential powers implied, but not directly stated, by the ConstitutionExecutive OrdersOther powers as needed
17President as HOGHOG: executive in charge of the nation (political roles/jobs/powers)Commander in ChiefChief diplomatChief legislatorChief juristChief executiveParty chief
18Expressed PowersIn 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.
19Constitutional Powers of the Presidency Military PowersPresident is Commander in ChiefCongress has power to declare war, but in last 50 years this has been ignoredCan deploy troops domestically in an emergency, to enforce a federal judicial order, or to protect federally guaranteed civil rightsThe 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.
20Constitutional Powers of the Presidency Judicial PowersPresident 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.
21Constitutional Powers of the Presidency Diplomatic PowersPresident is the Head of StateReceives “Ambassadors and other public Ministers”Acknowledges which foreign governments are legitimateTreaties/Executive AgreementsStudents 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.
22Constitutional Powers of the Presidency Executive PowersPresident must make sure that all laws are faithfully executedCan appoint, remove, and supervise all executive officersHas power to appoint all federal judgesThe 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.
23Constitutional Powers of the Presidency Legislative PowersAddresses Congress on the state of the unionSubmits proposals for legislationCan veto billsHas power to issue executive ordersA 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.
24The Veto Process FIGURE 13.1 The Veto Process *PL = public law; 107 = number of Congress (107th was 2000–2001); 999 = number of the law.
28Constitutional Powers of the Presidency Delegated PowersCongress delegates powers to the executive branch when it creates agencies that must use discretion to fulfill their missionsEven 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.
29PatronageThe power to reward supporters through the power to make appointments is a important institutional resource for the presidentThe Merit System, designed to end the spoils system, limits this power
30Innovations in Presidential Power Techniques first used in the middle of the 20th century now have become mature toolsGoing publicTR/ WW first, but the master was FDR+FDR:Hostile press, mold and use them to mold PODirect link w/ Pple.
31FDR 2 Now? How? Town hall meetings/ friendly journalist Press conference –b-/wklyOn/off recordGood storiesPress secretaryNow?Town hall meetings/ friendly journalistClinton: war roomWhite House Comm office. “manage news”
32Limits of Going Public Public is fickle Examples Some decline is inevitable = can’t fulfill all promises – sppt/ popularity decays over timeWhen sppt declines, influence decaysLess going public because of thisGo form offense GP to defense GP
33The use of the Administrative state Reach and pow of EOPGreater control of BureaucracyExpand role of executive orders and other tools of direct presidential governance.Together = administrative state/strategyCan do much without Congressional approval, sometimes against Congressional approval.Role of OMB
34Regulatory reviewLaws passed by Congre need rules/regulations = discretionEx of Clinton = 107 directives telling admin to adopt specific rulesGovernment by decree: executive ordersEx ordersEx agreementsNat sec findingsDirectivesProclamationsReorgan plansSigning statements
35The Role of Wars and Emergenices Ex agreements = replaced treaties??Often used for purely domestic purpUse of decrees bound by law, cannot do everything or anythingMust be based in constitution or congress statuteWhen not = crts held voidImp case = Youngstown Co v Sawyers – steel case seizure of 1952No takeover of steel mills during Korean War
36Review 2 Tribute of the people Executive privilege Genet affair War time democracyBully pulpitGovernment as agent of reformPresident and economic securityCommon good v. “economic freedom”
38The Presidency as an Institution The president has thousands of staff who work for his or her administrationFIGURE 13.2 The Institutional Presidency
39The Presidency as an Institution FIGURE 13.2 The Institutional Presidency
40The Presidency as an Institution The CabinetOrigin: Early presidents had a secretary who would store the president’s papers in a cabinetThe Cabinet: Heads of the major executive branch departmentsStudents 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.
41The Presidency as an Institution White House StaffAnalysts and political advisors who inform the president about policies and their political implicationsNot to be confused with the Executive Office of the PresidentStudents who watch the West Wing will be familiar with the White House staff.
42The Presidency as an Institution Executive Office of the PresidentPermanent agencies that perform specific management tasks for the presidentOffice of Management and Budget (OMB)Must approve every proposal from an executive agency that requires spendingRefer to Figure 13.2 for a list of units inside the EOP
43The Presidency as an Institution Vice PresidencyThe role of the Vice President variesOnly constitutional role is to preside over the SenateExpected to remain informed enough to take over immediately as presidentVice 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.
44The First SpouseDuring 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.
45The Presidency as an Institution The First SpouseThis role also varies from administration to administrationTraditionally performed primarily ceremonial rolesNow often take a more active roll; defining the position can be difficultIt 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.
46Contemporary Bases of Presidential Power Sources of presidential strength:PartyPopular MobilizationAdministrationPresident 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.
47Contemporary Bases of Presidential Power PartyWhen the president’s party controls Congress and they share policy goals, the president can have tremendous influenceThis is a two-edged sword when the opposing party is in powerPresident 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.
48Groups as a Presidential Resource Franklin Roosevelt’s New Deal Coalition assisted the passage of New Deal legislationSimilarly, groups supporting Ronald Reagan permitted a number of legislative victories in the 1980s
49Presidential 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
50Contemporary Bases of Presidential Power Going Public19th century presidents were expected to be unifiers, and not speak out in public about policiesNow presidents must carefully cultivate their public imageYou 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.
51Presidential Use of the Media President’s have increasingly turned to the media to mobilize public supportPresident Reagan held spoke to the nation on a number of occasion to seek public support for his legislative agenda
52WHO THINKS THE PRESIDENT IS DOING A GOOD JOB? Chapter 13In 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?
53Who Thinks the President is Doing a Good Job? Barack Obama Job Approval75%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.’09Jun.’09Sep.’09Dec.’09Mar.’10Jun.’10Sep.’10SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.
54Who Thinks the President is Doing a Good Job? Obama’s Handling of IssuesPercentage approving,by party identificationSituation in AfghanistanRepublicansIndependentsDemocratsHealth Care PolicyIn 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.EconomySOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.
55Who Thinks the President is Doing a Good Job? Approval Ratings of Past Presidents50%John F. KennedyLyndon B. JohnsonRichard NixonGerald R. Ford1962196419661968197019721974197650%Jimmy CarterRonald ReaganGeorge H. W. BushIn 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?1978198019821984198619881990199250%Bill ClintonGeorge W. Bush19941996199820002002200420062008SOURCE: Gallup.com, “Presidential Approval Ratings—Gallup Historical Statistics and Trends,” (accessed 5/11/10).
56The 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.
57Contemporary 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 PresidentIncreasing White House control over the bureaucracyExpanding the role of executive orders and other instruments of direct presidential governance
58Contemporary Bases of Presidential Power Executive Office of the President400 staff in WHO and 1,400 in EOPPresident’s staff are equal to the task of proposing legislation and countering CongressRegulatory ReviewWhite House determines how agencies should operateOf 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.
59Contemporary Bases of Presidential Power Governing by DecreeExecutive ordersPresidential decreesExecutive agreementsNational security findings and directivesProclamationsReorganization plansSigning statementsSigning statements are interpretations of new laws by the administration.
60Significant Executive Orders, 1900–1995 FIGURE 13.4 Significant Executive Orders, 1900–1995Over 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).
61Thinking 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.
62Public Opinion PollDo you believe the expectations of the American people with regard to the President are too high?YesNo62
63Public Opinion PollWhich branch of government do you believe is most powerful?CongressPresidencyJudiciary63
64Public Opinion PollWhich branch of government do you believe should be most powerful?CongressPresidencyJudiciary64
65Public Opinion PollShould Congress be able to declare, through legislation, that the president must cease a military activity?YesNo65
66Public Opinion PollWhich 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
67Public Opinion PollPresidents have expressed, delegated, and inherent sources of power. Which of the three do you think most accounts for the powers of the contemporary presidency?ExpressedDelegatedInherent67
68Chapter 13: The Presidency QuizzesFlashcardsOutlinesExerciseswwnorton.com/wtp8e68
70Following this slide, you will find additional images, figures, and tables from the textbook.
71The PresidencyShortly 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.
72The 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.
73The President versus the World: How Presidents Seized Control of War Power
74Expressed PowersThe 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.
75Satire and Perceptions of the American Presidency