American Politics: Presidency American Politics: Presidency November 27, 2006

The President and the Constitution The president’s constitutional duties and authority as commander in chief, diplomat, executive, and legislator are found in Article II of the Constitution.

Emergence of the Modern Presidency Prior to 20th century, president exercised little power Congress was main institution – leadership in policymaking Growth of federal government and complexity of policy led to increased role for president Also, involvement in world wars Staff, resources grew as asserted more power (Executive Office of the President)

Sources of Presidential Power Constitutional powers-formal powers Delegated powers (vs. implied powers) Presidential popularity

Presidential Power Leadership gravitates to presidents during crisis, but then dissipates quickly as the crisis recedes. Source of Power - Delegation of power from Congress and successful presidential assertions of authority (e.g. War Powers Act 1973) President as commander in chief and head diplomat

Presidential Popularity

Bush’s Approval Ratings

Bush’s Approval Ratings

Approval by Party Identification

The Economy

Voters’ Focus on Presidents Voters expect president to act in area of foreign affairs. Support the president in crisis situations. “Rally ‘round the flag” effect: The tendency for the public to back presidents in moments of crisis. While voters are supportive initially, they tend to demand quick results, and often forget foreign policy accomplishments, particularly if domestic economic issues become concerns.

Handling Situation with Iraq

Terrorism

How popularity can influence Congress Opposition party can substantially increase support (1/3rd of total support) Presidents may behave differently (less willing to compromise?) Who gets credit

Reasons for Influence on Own Party Members Policy agreement Successful president helps party Small favors Fundraisers, photo op

Reasons for Less Influence on Own Party Members No sanctions Little personal contact between president and rank and file members Different constituencies National vs. district/state

The President As Legislator: The Veto Perhaps the president’s most formidable tool in dealing with Congress is the veto. Constitution defines the veto precisely. Used relatively rarely – most used by Gerald Ford. In the past 50 years, the average is fewer than 10 vetoes a year. The veto allows the president to block congressional action, but does not allow the president to substitute his own policy preferences.

War Power Prior to Civil War presidents seldom acted on their own on military matters. Abraham Lincoln first to action based on an expanded interpretation of commander in chief. Theodore Roosevelt: sent ships to Japan without Congressional approval of cost Not since WWII has Congress officially declared war. Truman fought the Korean War without any congressional declaration at all.

War Power Presidents have more constitutional discretion with respect to foreign policy. But, presidents may not act contrary to the expressed will of Congress.

War Powers Resolution Vietnam War Focused attention on the issue of executive authority Eisenhower and Kennedy sent “advisors” Johnson asked for Tonkin Bay Resolution Authorized response to attack with armed force (was told that U.S. had NOT invaded N. Vietnam’s territorial waters – but in reality they had) Gave president the authority “to take all necessary measures” to repel any attacks and to “prevent further aggression.” Resolution was legal basis for a war that would last 8 more years but based on misinformation from the Johnson administration.

War Powers Resolution 1973 congressional resolution requiring the president to notify Congress formally upon ordering U.S. troops into military action. Troops must be withdrawn unless Congress approves the presidential decision within 60 days after notice of the military action has been received.

War Powers Resolution & 9/11 At Bush’s request passed war on terrorism resolution. One dissenting vote in the House. President authorized to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on Sept 11, or harbored such organizations or persons, in order to prevent any future acts of international terrorism.” No limit placed on time period in which president may act. Second resolution focused continuing threat posed by Iraq. But required Bush to exhaust “diplomatic or other peaceful means” of resolving the conflict prior to resorting to force.

Treaty Power Treaties are official agreements with foreign countries that are ratified by the Senate (by 2/3rds). Because a small number of Senators can block a treaty, Presidents opt instead for executive agreements These are agreements with foreign countries that require only a presidential signature. Power not found explicitly in the Constitution. Most executive agreements either are extensions of treaties ratified by the Senate or involve routine presidential actions that have been authorized by Congress.