Contemporary basis for Presidential Power

Contemporary Bases of Presidential Power Sources of presidential strength: Party Popular Mobilization Administration President 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. Contemporary Bases of Presidential Power

Contemporary Bases of Presidential Power Party When the president’s party controls Congress and they share policy goals, the president can have tremendous influence This is a two-edged sword when the opposing party is in power President 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. Contemporary Bases of Presidential Power

Groups as a Presidential Resource Franklin Roosevelt’s New Deal Coalition assisted the passage of New Deal legislation Similarly, groups supporting Ronald Reagan permitted a number of legislative victories in the 1980s

Presidential 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 Presidential Success on Congressional Votes

Contemporary Bases of Presidential Power Going Public 19th century presidents were expected to be unifiers, and not speak out in public about policies Now presidents must carefully cultivate their public image You 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. Contemporary Bases of Presidential Power

FDR and Going Public First to use systematically – FDR Link to people Radio FDR and Press relations innovations FDR and Going Public

Presidential Use of the Media President’s have increasingly turned to the media to mobilize public support President Reagan held spoke to the nation on a number of occasion to seek public support for his legislative agenda

Clinton innovation The “war room”, permanent campaign Transform White House Communications Office Manage the news Bush continues practice Institutionalization of historical piecemeal practices Hughes “stay ahead of the news”

Limits of Going Public Less going public because of this Public is fickle Some decline is inevitable = can’t fulfill all promises – sppt/ popularity decays over time When support declines, influence decays Less going public because of this Go form offense GP to defensive GP Limits of Going Public

Contemporary 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 President Increasing White House control over the bureaucracy Expanding the role of executive orders and other instruments of direct presidential governance Contemporary Bases of Presidential Power

Contemporary Bases of Presidential Power Executive Office of the President 400 staff in WHO and 1,400 in EOP President’s staff are equal to the task of proposing legislation and countering Congress Regulatory Review White House determines how agencies should operate Of 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. Contemporary Bases of Presidential Power

Contemporary Bases of Presidential Power Governing by Decree Executive orders Presidential decrees Executive agreements National security findings and directives Proclamations Reorganization plans Signing statements Signing statements are interpretations of new laws by the administration. Contemporary Bases of Presidential Power

Use of decrees bound by law, cannot do everything or anything Must be based in constitution or congress statute When not = courts have held such actions void Most Important case = Youngstown Co v Sawyers – steel case seizure of 1952 - Truman No takeover of steel mills during Korean War But courts have left broad boundaries on Presidental governance by administration. After the fact approval Acquiescence = approval Funding as approval Wide scope of military action based in Constitution Use of decrees bound by law, cannot do everything or anything

Significant Executive Orders, 1900–1995

Signing Statements Institutionalized by Ed Meese (Reagan) Create a basis for action by executive agencies and become part of the legislative history of law for court interpretation Use of artfully designed statements to attempt to reinterpret Congressional intent. Nullification of certain provisions of certain laws. Obama – “secret signing statements” Signing Statements

Advantages of Administrative Strategy The waning of more traditional tools of presidential governance – party, going public has lead to the growth of presidential powers using the Administrative Strategy+ Congress should push back, but… In such battles Congress is on the defensive Recall “energy” Their reaction requires legislation = slow and cumbersome Collective action problem = large institutional concerns have lower priority than concerns for one’s own constituents/re-election. Advantages of Administrative Strategy