2. Copyright … Strode’s College Laws students are free to make use of this ‘Pdf Print files’ for study purposes (they should print them off and take them to class). Others should ask before copying or using these ‘ Pdf Print Files ’. Copyright of Dr Peter Jepson - law@peterjepson.com law@peterjepson.com

3. The Presidency Produced by Dr Peter Jepson Edited by Mrs W Attewell. Read & précis Chapter 6 of ‘US Govt & Politics’ By Anthony J Bennett.

4. Rules to follow … Read & précis notes will be checked before the start of the lecture. Do NOT chat during a lecture. Raise your hand if you have question.

5. Both King and Prime Minister? What did President Theodore Roosevelt mean when he said that he was both “King and Prime Minister”? The Founding Fathers created: 1.Head of state who is both Head of State and Head of Government? 2.A singular executive 3.They created an indirectly elected President (use of Electoral College)

6. Powers of the President The powers of the President derive from Article II of the Constitution. Essentially the powers have been the same for all Presidents - from George Washington to Barak Obama. 1.To propose legislation 2.Submit the annual budget 3.Sign legislation passed by Congress 4.Veto legislation

7. 5. Act as Chief Executive 6. Nominate Executive Branch Officials 7. Nominate all Federal Judges 8. Act as Commander in Chief 9. Negotiate treaties 10. To give a pardon All these powers are subject to check via Congress. However, as is common in politics, Congress is often reluctant to undermine a President.

8. Presidential paradoxes Look at Cronin and Genovese’s 9 presidential paradoxes. Is it ever possible to be a successful President? http://spot.colorado.edu/~mcguire/presp aradox.htm

9. Vice President In the US candidates for President and Vice- President usually run for election together - on what is often described as a ‘balanced ticket’. Can you give examples? Need a Vice-President be directly elected? If not, what mechanism exists to enable an appointment?

10. Powers of the Vice-President The US Constitution - as amended in 1967 - gives five powers to a VP. 1.Presiding Officer of the Senate (rarely performed) 2.To break a tied vote (e.g. Cheney in 2001 for $1.6 trillion tax cut - did not vote for another 2 years) 3.To announce the result of the Electoral College election (Gore in Jan 2001 announced his own defeat)

11. Powers of the Vice-President 4. VP becomes President upon the death, resignation, or removal from office of the President - Can you give examples? 5. Become Acting President should the President become disabled (have an operation etc). Open Discussion: Why - and in what ways - has the importance of the VP increased over the past 50 years?

12. Break into pressure groups (preferably less than 3 students in a group) to consider one of the below topics - presenting your findings to the whole class. 1.The role and historical background of the US Cabinet. 2.The recruitment, membership and composition of the cabinet (race and gender etc) over the years. 3.Do cabinet meetings reflect political balance and does this aid their functions? 4.Assess the prime importance of the cabinet.

13. EXOP What does EXOP stand for? Why did the Brownlow Committee of 1932 conclude that the President needs help (give 3 reasons)? EXOP now consists of 1600 staff. The White House Staff include the president’s most trusted and closest aides and advisors. Can you give some examples? What is the role of the Chief of Staff and why is it so important?

14. Methods of organising the White House… Spokes of the wheel system - in which all advisers have access (Kennedy, Carter and Clinton approach). Advantage is accessibility - danger is some advisers may take advantage. Pyramid system (Nixon, Reagan & Bush approach) - President at the top and key advisers below. Advantage of a highly disciplined White House. Disadvantage of President only hearing what he wants and becoming isolated.

15. What is the role of … The National Security Council? The Office of Management & Budget?

16. Possible conflicts … Is there a danger that the system of having both EXOP and a Cabinet could lead to divisions and rivalries? Are both really needed?

17. President & Congress Almost every power that the President possesses is checked by Congress - thus he needs their agreement. Re-produce Table 6.14 (page 276) using colour coding to improve.

18. A persuasive President To use power effectively a President must persuade others in Congress. 1.He can work through his Vice-President (five of the last six have been former members of Congress). 2.Work through his Congressional Liaison Staff. 3.Cabinet Officers can be deployed. 4.Work through Party Leaders in Congress

19. Game of chance … Each student is asked to explain to the class an example of presidential persuasion and problems of such (you cannot repeat a point already made).

20. Theories of Presidential Power In the administration of FDR (what does that stand for?) the pendulum swing in favour of presidential power - with EXOP etc established. Schlesinger talked of an Imperial Presidency deriving from Pearl Harbour and a need for a strong leader that could break free from the shackles of Congress’s conventional ties on the executive. An example of this is how Pres Truman sent troops to South Korea in 1950 with congressional authority.

21. Imperial Presidency Provide some examples of Imperial Presidency. How did Congress respond to this talk of an Imperial Presidency? Did the view of Schlesinger prevail? What did ‘Imperilled Presidency’ refer to and mean? What is the current theory?

22. Limits on presidential power There are limits on presidential power which fall into seven broad categories. 1.Congress - checks and balances are highly sufficient and can lead to removal from Office. 2.The Supreme Court - has power to declare actions unconstitutional (case of US v Richard M Nixon [1974] resulted in his resignation).

23. Limits on presidential power 3. Public Opinion - Bill Clinton demonstrates how popularity can shield at times of scandal. The results of good PR could also provide Congress election results that may assist. 4. Pressure groups can mobilise public opinion for or against the President or his policies. 5. The media can influence/limit what a president does (Johnson and Vietnam).

24. Limits on presidential power 6. The federal bureaucracy can frustrate. It consists of 3 million civil servants - from around 60 federal government agencies. One powerful man can be frustrated by the unwillingness of federal governments to acquiesce to reform proposals (e.g. Eisenhower, Kennedy and Johnson over civil rights reforms).

25. Limits on presidential power 7. Other factors such as his own professional reputation are also important. (a)His White House staff - do they aid or aggravate? (Clinton first years). (b)External events - Iranian Hostages crisis of 79/80.

26. Discussion time Break up into three small groups. Each student member of the group then draws out of a hat a number (out of a selection of 1-8) which relates to one of the essay questions on page 293 of ‘US & Politics’. The student then leads a discussion within their group on that topic. A member of each group finally summarises each of the discussions for the whole class.