Chapter 12- The Presidency (1). Outline the presidency's development in theory and legal & political independence. (2). Examine the President’s constitutional powers, and those shared with Congress, to include: shared powers, enumerated powers, and implied powers. (3). Outline the presidency in practice by which theoretical rules of the office are applied. (4). Discuss the advent of the “modern” presidency and the impact of FDR. (5). Summarize the key roles & responsibilities performed by the president, and contrast Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, and CINC. (6). Outline how the President is nominated and how this process has changed over time. (7). Explain how the President is elected, and the significant role of the electoral college. (8). Examine the institution of the Presidency and various sources of Presidential power. (9). Contrast the diverse models used by presidents and explain their historic impact. (10). Discuss the organizational structure of the Presidency and key agencies of the EOP. (11). Examine how the office of the Presidency works and the impact of internal factors, to include: EOP functions, Presidential Management Styles, and the role of the Staff. (12). Examine external influences and the impact of expectations on the Presidency. (13). Analyze the modern presidency in political context of: permanent crisis, conflicting expectations, and time & institutional constraints. (14). Compare the various presidential strategies and assess their effectiveness. (15). Examine the diverse relationships which the President must effectively maintain. (16). Assess the future strengths and limits of Presidential power and leadership.

Development of the Presidency Constitutional Rules: Three Primary Characteristics: Independence from other branches Shared powers 12-1 Primary Characteristics of the Presidency Vaguely defined powers

Legal & Political Independence Congress & Courts => no major role in selection Congress only counts electoral college votes Only selects if no candidate has clear majority Impeachment rules=> political independence Examples: A. Johnson & Clinton’s impeachment Four year term & option for (one) re-election When FDR bucks precedent => 22nd Amendment

President’s Shared Powers The Constitution both empowers & constrains Power to appoint Judges & executive officers Power to make Treaties with other Nations But above powers constrained by what shared with who? Senate’s role?

Article II of the Constitution President’s Enumerated Powers Powers explicitly identified in the text of the Constitution Enumerated Powers 12-1a Enumerated Powers of the Presidency

Article II of the Constitution Enumerated Powers Powers explicitly identified in the text of the Constitution- To include: Power to pardon Recommend legislation Call Congress to session Receive Ambassadors Make treaties Make appointments Veto power Commander in Chief “Executive Power” 12-1a Enumerated Powers of the Presidency #2 What exactly does “vested with Executive Power” mean?

The Presidency in Practice Applying the Rules: George Washington’s precedents: Proposed & lobbied Congress to his pass agenda Established principle of confidentiality Limited Senate’s “advice” to “consent” only Denied Congress formal role in Diplomacy Established President as leader of executive branch Two Term limit informally established (impact?) Jefferson’s precedents: Established President as “Leader of the Party”

The Presidency in Practice (2) Andrew Jackson’s precedents: “voice of the people” (national constituency) Justification for President’s leadership role Lincoln’s precedents: Whatever it takes to protect Union=> peak of Power Usurped powers of Congress (appropriate $$$ & declare War) Ignored Constitutional limits (later rebuffed by the Court) Historical Ebb & flow of Presidential power: 40 years following Lincoln (Congress took the lead) Exceptions: TR & WW=> revive growth of presidential powers TR: progressive domestic & aggressive FP actions (Caribbean) WW: World War I & “State of Nation” (personal address Congress)

Article II of the Constitution Vague Definition of President’s power & authority Impact? Implied Powers Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers 12-1a Implied Powers of the Presidency Impact on powers of the Presidency? The powers of the presidency have expanded over the last two hundred years.

Advent of the “Modern” Presidency Who is most identified with the start of the “modern” Presidency? Impact of FDR: Preeminent source of national leadership (why?) Role of FDR during Great Depression & WWII Effect on all of FDR’s successors ever since? Key precedent: The First 100 Days Institutional Leadership: What are the various roles played by Presidents?

Institutionalized Leadership Key Presidential Roles: The Modern President Institutionalized Leadership Key Presidential Roles: Chief of State Chief Legislator Chief Executive Nation’s Opinion Leader Chief Diplomat Commander-in-Chief 12-1c The Modern Presidency

Selecting a President Party Nomination General Election Electoral The Three Stages of selecting a President? Party Nomination General Election 12-2a Selecting a President Electoral College

Historical Overview: The Nomination Process Exception to the rule: George Washington De facto head of government during Revolutionary war Obvious choice to all as most trusted American leader Congressional Caucuses (1800-1824) Role of Congress=> select party’s nominee=> “King Caucus” Party Conventions (1832-1968) Originally instituted to dump Jackson’s VP- Calhoun Whigs established party convention (Clay) vs. “King Andrew” Role & power of state party leaders (Figure 12-1)* Loyal party delegates appointed (Delegate selection tightly controlled by party leaders) Result: Candidates must make deals & promises (w/Party leaders)

Party Convention Nomination System National Party Convention; Selects nominee Rank and File Party Members attend Local Party Convention; Selects delegates State Party Convention Selects delegates 12-2a Party Convention District Party Convention; Selects delegates

Direct Primary Role of Progressive movement (1912-1924) Progressive’s objective: (power of voters over power of Party) Following initial surge => most States revert to Conventions Role of Primary system (1928-1968) Lesser known candidates use Primaries to get visibility Voter support=> demonstrate candidate’s viability to party leaders Therefore worthy of serious consideration at Party Convention Impact of 1968 Democratic Convention (Figure 12-2):* Chaos reigns => Young vs. old democrats split=> lose election Result: Democratic Party makes major rule changes => impact: Increased participation of minorities & women (rep. rank & file profiles) Delegates now allotted in proportion to actual rank & file votes received

Percentages of Delegates Chosen by Primaries, 1912-2004 12-2a Delegates Chosen by Primaries

Impact of post-1968 Primaries on the nature of Presidential nomination Importance of early nominating events rises “Going early” => incentive for candidates Prompted states to hold primary races earlier Also known as?* 12-2a Frontloading

Frontloading The decision states make to move their primaries and caucuses to earlier dates to increase their impact on nomination process Impact: Increased importance of candidate raising early campaign $$$ Weakened influence of state party organizations in process Nominee Selection shift: From Congress=> Party=> Rank & File

The General Election Two major changes shifting focus of election? From Party’s influence to role of Nominee Emergence of TV & Radio & FECA laws How has TV & Radio affected election campaigns?*

The Influence of Radio & Television Four major effects: Allows candidates to address voters directly Increases visibility of each candidate to the voters Shifted control of campaign to the candidate Use of mass media has increased $$$ of elections* 12-2a The Influence of Radio and Television

General Election Campaign Costs 1900-1996 2004 2000 12-2b General Election Campaign Costs

Important Changes in Campaign Finance Earlier attempts to reign in campaign costs: Federal Election Campaign Act of 1971 (FECA) 1974 Amendments to FECA Supreme Court Decision: Buckley v. Valeo (1976) (Parts of FECA ruled unconstitutional) 1979 Amendments to FECA 12-2b Campaign Finance

Campaign Finance Laws (The details & changes over time) FECA of 1971 First attempt at election reform => Unintended consequences: loopholes & rise of PACs FECA Regulations (1971): Presidential candidates can contribute no more than $50,000 to their own campaign Limits spending on media ads Candidates must disclose names of anyone who contributes more than $100 to their campaign

Campaign Finance Laws- Details (2) 1974 Amendments to FECA voluntary public financing of campaigns (on IRS returns) Mandatory individual/PAC limits: $1000/5000 Public campaign financing available if certain provisions met Overwhelmingly favors two main parties Limits on candidates own spending if Public $$$ accepted Buckley v. Valeo* (1976) => undermined above reforms Court ruling on independent expenditures 1st Amendment free speech protected (if no contact made with candidate) (Separate independent & uncoordinated advocacy ads OK) No Government limitation on candidates’ own expenditure If no public $$ used (Bush W. during 2000 nomination campaign)

Buckley v. Valeo BUT The Court Ruled: The government can limit contributions Independent Expenditures (which are funds raised and spent without contact with the supported candidate) BUT (government cannot limit?) 12-2b Buckley v. Valeo

Campaign Finance Laws (3) 1979 FECA Amendments=> Result: soft money increases Unlimited contributions to party OK Considered legal as long as no coordination with candidate maintained Result=> more $$$ contributed to party Role of political parties & influence rises dramatically BCRA aka: McCain-Feingold Latest Changes: attempt to severely limit soft money Increased individual contributions to $2000/candidate/election (Under constitutional challenge in the Courts by opponents) Result of all of above: Candidate Centered Campaigns now dominate (vice Party) Candidates now in control of their own campaigns

Key Questions: Who Elects the President? Popular vote vs. Electoral vote- who actually elects?* How are number of electors per state decided? How many votes needed to win? (margin of victory) Which states have most electors? (Fig. 12-5)*

The Electoral College The body of electors, whose composition is determined by the results of the general election, that actually chooses the president and vice president. To win in the electoral college, candidates must secure a majority of the electoral vote. 12-2c The Electoral College

Electoral College (2) – The Unit Rule Role of unit rule => impact on candidates’ campaigns? Impact of “winner take all” (of state’s electoral Votes) Attention therefore devoted to most populous & winnable states Popular vote & electoral vote can be very different Potential impact of 3rd party candidates on election Needed to win election? => 270 out of 538 electoral Votes If no majority of electoral votes– who decides election? Constitution’s guidance & role of House & Senate?

Selection Process & Its Consequences for Governing Should presidents be elected by direct popular vote? Potential impact on system if approved? Impact and potential for unanticipated consequences Urban/coastal population concentrations vs. rural states (West & Midwest) Impact on states with lower populations? Impact of changes in presidential selection process in the way Presidents now govern: More personalized presidencies Weakened political parties More spit ticket voting

Presidency as an Institution Sources of Presidential Powers: Presidential Precedent The Constitution Statutory Laws 12-3a Sources of Presidential Powers

Powers of the Presidency Constitution (Article II) 12-3b The Constitution Veto Power Treaty Power Appointment Power

Recommend Measures as required Statutory Laws Reprogramming Power Recommend Measures as required 12-3b Statutory Laws Specific example?

Budget & Accounting Act of 1921 Presidential statutory power granted by Congress: Central Legislative Clearance The power the Budget and Accounting Act of 1921 granted to the president to create a package of legislative proposals and budgets for congressional consideration. 12-3b Central Legislative Clearance

Custom & Precedent Presidential Precedent “So strong is the influence of custom that it seems almost to amend the Constitution.” 12-3d Presidential Precedent William Howard Taft Two Key Factors: President’s actions if left unchallenged (Dismissal power) Vague wording => dynamic & flexible reading of powers

Models of Presidential Power Three different approaches to Presidential Power: Restricted Prerogative Model Presidents only allowed to exercise powers granted by Constitution or Statutory laws When nation is at stake, President may take any action necessary, regardless of legality Steward Model President, representing the entire nation, must act as a steward Model 12-3d Stewardship Model William Howard Taft Abraham Lincoln Model followed today? Theodore Roosevelt

Organizational Structure of the Presidency Presidency has grown in size and complexity (especially since 1932) Historical Development Washington’s nephew (& “personal secretary”) Jackson’s “Kitchen Cabinet” FDR’s Executive Office of the President (EOP) New Deal programs & WWII Agencies needed to perform key functions for president Examine overview of Executive Branch & EOP

Executive Branch * = EOP

Executive Office of the President (EOP) What are the four most important offices of the EOP?

Key Offices of EOP * White House Office Office of Management & Budget (OMB) * The National Security Council (NSC) Office Of the Vice President 12-4 Office of the President

White House Office AKA: The West Wing

The West Wing Old Executive Office Building (Staffs)

www.whitehous.gov/government

Workings of the Presidency Internal vs. External Factors Internal Factors: Functions of EOP Agencies Advise & support president on public policy Liaison w/Congress & key Interest Groups White House Office: Office of Public Liaison Office of Strategic Planning & Communication Key aides=> advance prospects for re-election

Internal Factors (2) Presidential Management Styles Advantages & disadvantages? Party associations with which Model & why? Role of the Staff: Neutral competence vs. loyal advocates Pros vs. cons?

External Influences Expectations of others Institutionalized expectations of: Congress, news media, & Public Expect President to set Nation’s political agenda (FDR) State of the Union address – presented before Congress Impact: Constraints & political accountability Reduce opportunities for abuse of power

Assessing the Presidency as an Institution (Summary) More power acquired over time (implied powers) Modern organization=> larger & more complex Workings of office=> powerful & personalized But also: Constraints on the president’s power: Constitution, Statutory law, Courts, & informal rules Expectations: Public, Congress, media, IG, Bureaus

Presidency in American Politics The Political Context: Permanent Crisis Conflicting Expectations of Presidential Leadership Expectation: Initiative & Responsiveness Bold & timely leadership & initiative to solve problems Problem: Public & Congress may or may not follow lead (Example: President Bush’s proposed Social Security Reform) Time Constraints=> permanent crisis Insistent demands & limited time to respond Ever shrinking Honeymoon period Strike while the iron is hot – president’s agenda First One Hundred Days (FDR’s legacy) Midterm Elections=> diminishing cooperation Lame duck ending – defending past achievements

Permanent Crisis (2) Institutional Constraints? Constitutional rules=> shared powers Executive vs. Congress vs. The Judiciary Must gain cooperation & persuade others=> Congress, Bureaucrats, & interest groups National orientation & perspective: President’s national perspective vs. Congress’s focus on State or district interests Broader vs. narrow scope = different priorities

Presidential Strategies Bargaining Strategy (horse trading vs. veto threat) Nothing succeeds like success (it pays to be a winner) Advantage of being popular with the people Impact on Congressional cooperation Going Public Strategy (Figure 12-7)* Mobilize public support Direct appeals to public => over the heads of the media Usually Presidents use combination of both (above)

Presidential Public Activities 1929-1996

Presidential Relationships Presidents and Congress: President’s power to set Congressional agenda – But=> Congress likely to vote w/own party & not w/other side President of majority party controls legislative process Major constraint: divided government=> Congress less likely to pass president’s agenda President must spend time opposing opposition’s majority Party’s agenda

Presidents and the Public Must develop good relations w/public & keep it Modern mass communications=> direct appeals Regular access available to public (radio & TV) Positive image & support essential Public opinion polls (Clinton) Speech writers & media consultants Reality of declining popularity over time (Fig 12-8) Beginnings: exaggerated public support- then=> Decline soon follows => Expectations gap=> unrealistic expectations Unfulfilled campaign promises Very short honeymoon results soon after Axiom: Greater the popularity=> Perception of power Result: greater influence on Congress=> pass President’s agenda

Presidents and the Federal Bureaucracy Cannot command obedience of Federal agencies=> Must bargain & persuade to comply w/agenda Presidential resources to pressure bureaucracy behavior Appointment power- heads of agencies Budget making power- cut or increase $$$ Authority to reorganize structure & duties Executive order Presidents have power to compel compliance w/wishes If willing to spend the time to follow up Time presidents simply don’t have Must move on to more pressing issues Agencies & departments know this fact Feather pillow analogy of FDR with The “Naaavy” (WWI)

Next Assignment- Weeks 10b & 11a & 11b Chapter 13: The Bureaucracy (next Wednesday) (Class 10b) Chapter 14: The Courts (Next Monday- class 11a) Read Constitution (Article III) Review Part III Key Terms for Quiz – class 11b) Test II on Part III Key Terms – (Chapters 11-14) (Following Monday- Class 12a- see syllabus schedule)

KEY TERMS- The Presidency Bargaining strategy: Direct negotiations the White House conducts with other political actors, such as members of Congress and leaders of interest groups, that attempt to reach mutually beneficial agreements. Caucus: A closed meeting of members of a political party to discuss matters of public policy and political strategy, and in some cases, to select candidates for office. Central legislative clearance: The power the Budget and Accounting Act of 1921 granted to the president to create a package of legislative proposals and budgets for congressional consideration. Divided government: When the president is of one party and the other party has a majority in at least one house of Congress. Electoral college: The body of electors, whose composition is determined by the results of the general election, that chooses the president and vice president. To win in the electoral college, candidates must secure a majority of the electoral vote. Enumerated powers: Powers explicitly identified in the text of the Constitution. Executive order: A presidential directive to an agency of the federal government that tells the agency to take some specified action. Frontloading: The decision states make to move their primaries and caucuses to earlier dates to increase their impact on the nomination process. Going public strategy: Direct presidential appeals to the public for support. Presidents use public support to pressure other political actors to accept their policies.

KEY TERMS (2)- The Presidency Impeachment: Formally charging a government official with having committed “Treason, Bribery, or other High Crimes and Misdemeanors.” Officials convicted of such charges are removed from office. Implied powers: Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers. Independent expenditures: Funds raised and spent without contact with the supported candidate. Midterm elections: The congressional elections that take place midway through a president’s four-year term. Neutral competence: The belief that staff members (usually career civil servants) should be able to work competently for any president, regardless of partisan affiliation or policy preferences and without advocating the policies of individual presidents. One Hundred Days: A benchmark period for assessing a new president’s performance based on the first three months of Franklin Roosevelt’s presidency, when he gained passage of over a dozen major bills as part of his New Deal agenda. Pocket veto: The power of the president to veto a bill passed during the last ten days of a session of Congress simply by failing to sign it. Progressive movement: An early twentieth-century political movement that sought to advance the public interest by reducing the power of political parties in the selection of candidates and the administration of government. Soft money: Expenditures political parties make during an election for any activity that serves the purpose of increasing voter turnout. Unit rule: A winner-take-all system which requires that the candidate with the most popular votes receives all of that state’s electoral votes.