The Executive Branch: The Presidency

The Presidency Demographics, Roles, Formal and Informal Powers of the President

The Presidents Great Expectations –Americans want a president who is powerful and who can do good like Washington, Jefferson, Lincoln, Roosevelt, and Kennedy. –Yet Americans do not like a concentration of power because they are individualistic and skeptical of authority.

“It is a great advantage to a president, and a major source of safety to the country, for him to know that he is not a great man. When a man begins to feel that he is the only one who can lead in this Republic, he is guilty of treason to the spirit of our institutions.” -Calvin Coolidge-

Formal Qualifications for the Presidency What are the three formal qualifications to be President of the United States? U.S. Constitution: Article II Section 1 No person except a natural born citizen…shall be eligible to the Office of President; neither shall nay person be eligible to that office who shall not have attained the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Informal Qualifications For President Military service Government experience Television presence – name recognition, photogenic and articulate College education Married with kids Money (inherited, by marriage, personal fortune) Religious faith Character A “story” – war hero, peanut farmer, actor, etc. So far, male Perceived as being in the political mainstream JFK and his son John in the Oval Office

Demographic Characteristics of U. S. Presidents Male - 100% Caucasian - 98% Protestant - 97% British ancestry - 82% College education - 77% Politicians - 69% Lawyers - 62% Top 3% wealth & social class - At least 50% Elected from large states - 69%

Salary and Benefits $400,000 salary (tax free). $50,000/year expense account. Spend as President chooses. $100,000/year travel expenses. Campaign, speeches…What do you think he would spend his money on? A nice house (White House)…i.e. Room and Board paid for. 132 rooms, 18.3 acres, fleet of automobiles. Secret Service protection (up to 10 years after leaving office) Country home (Camp David) Personal airplane (Air Force One). Staff of full-time employees

Presidential Quotations

President Harry S. Truman "I sit here all day trying to persuade people to do the things they ought to have the sense to do without my persuading them. That's all the powers of the President amount to." Truman, 33rd President,

President John F. Kennedy “No easy problem ever comes to the President of the United States. If they are easy to solve, somebody else has solved them.” President Kennedy’s nationally televised address during the Cuban Missile Crisis, October, 1962

President Lyndon B. Johnson “The presidency has made every man who occupied it, no matter how small, bigger than he was; and no matter how big, not big enough for its demands.” President Johnson, 36th President,

President Richard M. Nixon "Under the doctrine of the separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government." In the aftermath of the Watergate scandal, President Nixon departs the White House after his resignation, Aug., 1974

President George W. Bush “To those of you who received honors, awards, and distinctions, I say 'Well done.' And to the C students, I say 'You, too, can be president of the United States.'” President George W. Bush, speaking at Yale University's 300th commencement ceremony President Bush, 43rd President,

The Presidents How They Got There –Elections: The Normal Road to the White House Since 1960, the Presidential Election process has been affected by an increase in all of the following: –proportion of independents in the electorate –influence of political consultants –number of primaries –role television. Once elected, the president serves a term of four years. In 1951, the 22 nd Amendment limited the number of terms to two. Most presidents have been elected to office. Who was the only unelected president?

The Presidents How They Got There (Succession) –Problems of Succession: 1.Who runs govt? 2.Role of VP? 8 VP’s have become President. Example: John Tyler. –The vice president succeeds if the president leaves office due to death, resignation, or removal. –Under the 25 th Amendment, the vice president becomes acting president if the vice president and president’s cabinet determine that the president is disabled. –What does the president consider when selecting a vice-presidential running mate?

Quotes on the Vice Presidency “the most insignificant office that ever the invention of man contrived or his imagination conceived” – John Adams- “I am Vice President. In this I am nothing, but I may be everything.” – John Adams “I do not choose to be buried until I am really dead.” –Daniel Webster (in rejecting the VP nomination in 1848)- “the job is not worth a pitcher of warm spit” –John Nance Garner-

Roles of the President 1.Chief of State- chief symbol of the United States 2.Chief Executive- Administrator of the federal government. “Most powerful office in the world.” Broad in foreign and domestic powers. Responsible for carrying out and enforcing all Federal Laws 3.Chief Administrator- i.e. director of the Federal Government 4.Chief Diplomat- Architect of foreign policy 5.Commander in Chief- Civilian commander of the U.S. Armed Forces.

Roles of the President 6.Chief Legislator- National agenda setter; proposes bills for consideration in Congress. 7.Chief of Party- Head of party who assists in members’ elections or appointments in office. 8.Chief Citizen- Expected to be the “representative of all the people.” work for and represent all the people. 9.Crisis Manager- Leads country through disasters, both natural and man-made. 10.Moral Persuader- The White House as a bully pulpit. (from Teddy Roosevelt, which means a platform from which to persuasively advocate an agenda. He used the word “bully” as an adjective to mean “superior.” )

The Presidents Impeachment –Impeachment is an accusation, requiring a majority vote in the House. –Charges may be brought for “Treason, Bribery, or other high Crimes and Misdemeanors.” –If impeached, the president is tried by the Senate (2/3 vote convicts) with the Chief Justice presiding. –Only two presidents have been impeached— Andrew Johnson and Bill Clinton—and neither was convicted.

Formal Powers of the President

Presidential Powers The Expansion of Power –Presidents may develop new roles for and expand power of the office. –Concern of Founders- use of militia; reelection –Early Presidents –Jacksonians- broad changes in powers –Reemergence of Congress- weak presidents with few exceptions Perspectives on Presidential Power –During the 1950’s and 1960’s people favored a powerful president. –By the 1970’s, presidential power was checked and distrusted by the public.

Why Presidential Power Has Grown Champions of stronger executive have almost always won out partly because they have the unity of the presidency, which represents the entire executive branch. (2 houses of Congress with 535 members) 1.Complex social and economic life has caused people to demand federal government play a greater role (labor, civil rights, health, welfare, communication, education, and environment) 2.National Emergencies like war, disasters, economic crisis … 3.Congress. (Lack of time or technical knowledge to provide more than a basic outline for government action. President carries out details.) 4.Presidents use of the media to build support for policies. 5.Presidential Personalities – Loose v. Strict Constructionism

From Table 13.3 Presidential Powers

Running the Government: The Chief Executive Article II-Executive Article “ The executive Power shall be vested in a President of the United States of America ”

Running the Government: The Chief Executive As Chief Executive, the president presides over the administration of government. –Today, federal bureaucracy spends $2.5 trillion a year and numbers more than 4 million employees. –Presidents appoint 500 high-level positions and 2,500 lesser jobs.

President’s Formal Powers Over Domestic Affairs Legislative powers (veto, pocket veto, signing legislation) –Line item veto? State of the Union address Appointment powers (to a domestic offices). Examples? Calling Congress into session Commander-in-chief role

Chief Legislator In trying to influence legislation, the President is usually more successful than congressional leaders in using the media to set the policy agenda. Why? (review)? A president may persuade reluctant members of Congress to vote for a particular bill by making a direct appeal to the public through the mass media or threatening to veto legislation.* –What is this called? “Going Public” He also can assign legislative liaisons in the Executive Office of the President to: 1. lobby legislators 2.exploiting a partisan majority for the President’s party in both the House and Senate 3.reminding legislators of high popularity ratings for the President in public opinion polls.

Presidential Leadership of Congress: The Politics of Shared Powers Legislative Skills –Bargaining: concessions for votes, occurs infrequently –Being strategic, presidents increase chances for success by exploiting “honeymoon” at beginning of term –Presidents may set priorities to influence Congress’ agenda; president is nation’s key agenda builder –A president’s popularity is closely associated with his legislative record. –Skills must compete with other factors that may affect Congress; they are not at the core of presidential leadership of Congress ( Bad example…Jimmy Carter, Good example…George W. Bush)

Figure 14.3: Presidential Victories on Votes in Congress,

“Divided Government” We live in an era of “divided government”, which means that one party controls the Congress while another controls the White House. –Americans think that divided government produces partisan bickering, political paralysis, and “policy gridlock”. 1.Frustration with the government process –The 1960’s and 70’s 2.Heightened partisan atmosphere. 3.Confirmation process has been slowed, stopped, or circumvented. 4.“Bowling Alone”

Foreign Policy and War Powers of Congress in War Making: –Passing laws –Appropriations (any mention of “funding”) –Confirmation of nominees –Impeachment –Treaty ratification –Congressional oversight (hearings or investigations). Powers of the President in War Making: Commander-in-chief, power to commit troops Appointment of ambassadors and foreign policy officials Negotiate/make treaties Recognition of nations Receive ambassadors and other public ministers.

Foreign Policy and War Informal Powers of the President in Conducting Foreign Policy: –Executive Agreements –Access to media/bully pulpit/morale building –Agenda setting –Meet with world leaders –Crisis manager –International coalition building –President has access to more information, knowledge, or expertise than does Congress –Recognized as global leader Who has the advantage (President or Congress)? Why?

Foreign Policy and War The President has advantages over Congress in the area of foreign policy because: –Persuade Congress: negotiate, offer support, threats, etc. –Persuade public: (various means of persuasion) on foreign policy process/issues (e.g, apply pressure to Congress) –Ability to circumvent the formal process

Congress: Regaining Control War Powers Act of 1973 It was designed to assure congressional involvement in decisions committing military forces in hostile situations overseas. Provisions 1.The President must notify Congress within 48 hours of sending troops into combat. 2.President must consult with Congress whenever feasible 3.Conflicts are limited to 60 days unless Congress takes action 4.Congress can extend time from the initial 60 days or can withdraw troops after 60 days with adequate notification to the President.

Congress: Regaining Control Another way that Congress moved to regain powers previously lost to the executive branch is the Budget Reform Act of 1974 (often called the Budget and Impoundment Control Act.) –Presidents historically have refused to spend money appropriated by Congress and the Constitution is silent on whether the President must spend the money Congress appropriates. Requirements: 1.President must spend all appropriated funds unless he tells Congress what funds he wishes to spend and Congress agrees to delete the items (within 45 days) 2.The President may delay spending by informing Congress but they can refuse by passing a resolution to release the money. 3.Courts have upheld this ruling.

Possible FRQ’s for the President and Congress Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency. a)Identify two formal constitutional powers of the President in making foreign policy. b)Indentify two formal constitutional powers of Congress in making foreign policy. c)Identify two informal powers of the President that contribute to the President’s advantage over Congress in conducting foreign policy. d)Explain how each of the informal powers identified in (c) contributes to the President’s advantage over Congress in conducting foreign policy.

Possible FRQ’s for the President and Congress The concept of “divided government in the United States means that one political party can control the executive branch while another controls the legislative branch. This poses problems for the President in making appointments to federal offices. a)Describe two problems that divided government poses for the President in making federal appointments. b)Identify and explain two ways Presidents try to overcome the problems described in (a). c) Describe 2 ways Congress has exerted its influence over an increasingly powerful executive

Informal Presidential Powers Executive Orders Executive Agreements Signing Statements “Going Public” - Bully Pulpit Negotiator/Persuader Agenda Setting Access to more experts Meeting with other world leaders International Coalition Building Crisis Manager

Executive Orders: Orders issued by the President that carry the force of law Examples: 1.FDR’s internment of Japanese-Americans during World War II 2.Truman’s integration of the military during the Korean War 3.Clinton’s “Don’t Ask Don’t Tell” policy of gays in the military 4.GWB trying suspected terrorists in military tribunals

Executive Agreements:  International agreements made by a president that has the force of treaty  does not require Senate approval  Usually trade agreements between US & other nations Examples: 1.Jefferson’s purchase of Louisiana from France in George H. W. Bush and U.S.-Japanese trade agreements re: the auto industry 3.GWB ‘s announced cuts in the US nuclear arsenal without a treaty

Executive Privilege: 1.claim by presidents that they have the discretion to decide that the national interest will be better served if certain information is withheld from the public, including courts and Congress Examples: 1.Nixon’s refusal to turn over the Watergate tapes. The Supreme Court in U.S. v. Nixon, though it did not strike down the practice of executive privilege in general, ruled that Nixon must turn over the tapes 2.Clinton’s refusal to turn over evidence re: an alleged affair with Monica Lewinsky. The Supreme Court ruled against Clinton

Presidential Signing Statements – When a President signs a bill into law they write a statement declaring their interpretation of the law and how they will execute it Ex) President Obama signed the NDAA into Law, in his signing statement he wrote that he would not detain any American citizens without due process and trial, even though the law states that he can if they are suspected of aiding and abetting terrorists

Formal Checks on Presidential Power

Congressional Checks on the President (Article I)  Make laws (ex: War Powers Resolution)  Override presidential vetoes  Power to declare war  Power of the purse (taxes and funding)  Regulation of the land and naval forces

Congressional Checks (cont.) Impeachment Power (House) Impeachment Trial (Senate) –“The Ultimate Restraint” President Clinton’s impeachment trial, January, 1999

Limits on Presidential Power (Article II)  President elected indirectly by the people through the Electoral College  Selection of president (House) in case of no majority of electoral vote  President must deliver State of the Union address  Senate approves treaties and ambassadors

Limits on Presidential Power (Article II) Senate approves department appointments “Advice and consent” of federal judge appointments (Senate) Secretary of State Condoleezza Rice testifies at her Senate Foreign Relations Committee confirmation hearing, January, Nominee for Chief Justice, John Roberts is sworn in at his Senate Judiciary committee confirmation hearing, September, 2005.

Judicial Checks on the President Judicial review (Marbury v. Madison) Chief Justice presides over presidential impeachment trial (Article I)

Judicial Checks on the President U.S. v. Nixon (1974)- Though the President is entitled to receive confidential advice, he can be required to reveal material related to a criminal prosecution Nixon v. Fitzgerald (1982) The President may not be sued while in office. Clinton v. Jones (1997) The President may be sued for actions taken before he become president.

Constitutional Amendments 12 th – Choosing president & vice- president on separate ballots 20 th – Presidential succession (Followed by the Presidential Succession Act of 1947) 22 nd – Presidential term limits (2 terms; 10 years total) 23 rd – Washington DC gets 3 Electoral Votes 25 th – Presidential disability and succession

Presidential Succession Act of 1947 If the President of the United States is incapacitated, dies, resigns, is for any reason unable to hold his office, or is removed from office (impeached and convicted), people in the following offices, in this order, will assume the office of the President, provided they are qualified as stated by the Constitution to assume the office of the President 1. Vice President2. Speaker of the House 3.President Pro Tempore of the Senate4. Secretary of State 5. Secretary of the Treasury6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture10. Secretary of Commerce 11. Secretary of Labor12. Secretary of Health and Human Services 13.Secretary of Housing and Urban Devlpmt.14. Secretary of Transportation 15.Secretary of Energy 16. Secretary of Education 17. Secretary of Veteran Affairs18. Secretary of Homeland Security

Limits on Presidential Power: Informal Checks

Public Opinion In a televised address in March, 1968, President Johnson announced he would not seek the Democratic nomination for president due to sagging public support for his administration and the war in Vietnam. Though he enjoyed record public support during the Persian Gulf War, President George H. W. Bush saw his numbers dip dramatically in the polls and he lost his re-election bid to democrat Bill Clinton in 1992.

The Media

Partisan Politics Howard Dean, Chairman of the Democratic National Committee and vigorous critic of the Bush administration, May, 2005 Speaker of the House Newt Gingrich (R) battles President Bill Clinton (D) over the national budget resulting in the shutdown of the federal government in 1995

Congressional Investigations Oliver North testifies before Congress at the Iran-Contra hearings during the Reagan administration (1987) Senate Banking Committee begins its investigative hearings on the Whitewater scandal during the Clinton administration (1994) Former FEMA director Michael Brown testifies before the House Select Committee on Hurricane Katrina, Sept., 2002

Interest Groups The National Organization of Women, Cindy Sheehan, and others protest the war in Iraq, April, 2006 The National Right to Life Committee and other pro-life interest groups spoke out against President Clinton’s veto of the ban on partial birth abortion, 1996

Title: "Bill Clinton's Christmas present from the U.S. House." Artist: John Pritchett Date: unknown Source: gift.htm gift.htm

Title: “The Madness of King George" Artist: Drew Sheneman, The Newark Star Ledger Date: December, 2005 Source:

Review: What are some formal and informal powers of the President? Formal Powers Commander-in-chief, power to commit troops Appointment of ambassadors and foreign policy officials Negotiate/make treaties Recognition of nations Receive ambassadors and other public ministers. Informal Powers Executive Agreements Executive Orders Signing Statements Access to media/bully pulpit/morale building Agenda setting Meet with world leaders Crisis manager International coalition building President has access to more information, knowledge, or expertise than does Congress Recognized as global leader

Possible FRQ The American Presidency is an office possessing great powers while being sharply limited by the Constitution. a)Discuss two formal powers of the President and their significance b)Discuss two informal powers of the President and their significance. c)List one formal check on the President’s power from Articles I, II, and III of the Constitution and describe how they limit the President’s power. d)Discuss two informal checks on the President's power and how they limit the President’s power.