1. Chapter 10 The Presidency

2. 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
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

3. Chief Executive Officer
Cabinet/Agency Appointments
Judicial reprieves, pardons, and amnesty
National emergencies in peacetime
Faithfully execute laws of the land

4. Presidential Popularity

5. The Presidency The President’s Constitutional Powers
Presidential Roles
Organization

6. Constitutional Requirements to Hold Office
Article II of the Constitution
At least thirty-five years of age
John F. Kennedy, at the age of forty-three, 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

7. 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.

8. 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.

9. 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….”

10. 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

11. 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.

12. Institutional Resources of Presidential Power
The Cabinet
The White House Staff
The Executive Office of the President

13. 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

15. Staff Size Has Grown
431
2004

16. 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.

17. 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

18. 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
Figure 14.3

19. 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

20. 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.

21. President and Foreign Affairs
Commander in Chief (CinC)
manning the military
making war
Chief Diplomat/Negotiator
Treaties and Agreements

22. The President as CinC Select/promote senior staff
Congress declares war
Commit military forces
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

23. 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

24. The President as Chief Legislator
State of the Union
Legislative Agenda
Budget Proposal
Veto
Special Sessions
Party Leader

25. Legislative Skills 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

26. Presidential “Batting Average”

27. 14-3

28. Veto Process Possibilities
Normal
Pocket veto
Line item veto

29. The Veto Process

30. 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.

31. 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)