Chapter 7 The Presidency Pearson Education, Inc. © 2006 American Government 2006 Edition (to accompany the Essentials Edition) O’Connor and Sabato

Pearson Education, Inc. © 2006 Roots and Rules  Royal Governor Earliest example of executive power in the colonies Appointees of the King “Powers of appointment, military command, expenditure, and — within limitations — pardon as well as with large powers in connection with the powers of lawmaking” Disdained and distrusted by colonists After the American Revolution, state constitutions limited the powers of governors.  Those who were directly elected, as in NY, were given greater powers.

Pearson Education, Inc. © 2006 Roots and Rules  Under the Articles No executive branch 18 different men served as president of the Continental Congress in name only.  Had no actual authority Delegates to the Constitutional Convention believed an executive was needed.  Difficulty determining how to select the president Created the Electoral College  Other areas less difficult to resolve

Pearson Education, Inc. © 2006 Presidential Qualifications and Terms of Office  Must be a natural-born citizen  At least 35 years of age  Resident of the U.S. for at least 14 years  Serves a four-year term with eligibility for reelection First president, Washington, sought reelection once. Set tradition as such. Franklin D. Roosevelt elected four times. Twenty-Second Amendment (ratified in 1951) limits presidents to two four-year terms.

Pearson Education, Inc. © 2006 Impeachment  Supported by Ben Franklin at the Constitutional Convention  The power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other “civil officers” including federal judges, with “treason, Bribery, or other high Crimes and Misdemeanors.”  First step in the constitutional process of removing government officials from office

Pearson Education, Inc. © 2006 The Eight Stages of the Impeachment Process

Pearson Education, Inc. © 2006 Rules of Succession  Through 2005, 8 presidents have died in office.  Vice President – orderly transfer of power  1947 Congress passed the Presidential Succession Act Lists in order those in line after the vice president to succeed the president  Speaker of the House of Representatives  President pro tempore of the Senate  Secretaries of state, treasury, and defense, and other Cabinet heads in order of the creation of their department

Pearson Education, Inc. © 2006 Twenty-Fifth Amendment  Adopted 1967 to set procedures for: filling vacancies in the office of president and vice president. procedures to deal with the disability of a president.  President may appoint a new VP, subject to the approval of majority of Congress.  Used twice Nixon to replace Agnew with Ford Ford to select new VP  Also contains a section that allows the VP and a majority of the Cabinet (or some other body determined by Congress) to deem a president unable to fulfill his duties.  President can also voluntarily relinquish duties. 1985, Reagan made G.H.W. Bush acting president during Reagan’s eight-hour surgery.

Pearson Education, Inc. © 2006 Constitutional Powers of the President  Appointment Power  Power to convene Congress  Power to make treaties Executive agreements  Formal government agreement entered into by the president that does not require the advice and consent of the Senate  Veto Power Formal constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing their becoming law without further congressional action  Commander in Chief War Powers Act  Pardoning Power Pardon: An executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime.

Pearson Education, Inc. © 2006 Presidential Teams (Senior Administrative Positions Requiring Senate Confirmation)

Pearson Education, Inc. © 2006 Treaties and Executive Agreements Concluded by the United States,

Pearson Education, Inc. © 2006 The Development and Expansion of Presidential Power  President’s authority is limited by the formal powers found in Article II of the Constitution. Crises may trigger expansions of presidential power. Presidents face limitations as well as opportunities as the nature of the times may dictate.

Pearson Education, Inc. © 2006 Establishing the President’s Authority  President Washington’s precedents Established the primacy of the national government Held regular meetings with his advisers (establishing the Cabinet system) Asserted the prominence of the chief executive’s role in foreign affairs Claimed inherent power of the presidency  Powers that can be derived or inferred from what is formally described in the Constitution

Pearson Education, Inc. © 2006 Incremental Expansion of Presidential Powers:  Most presidents from Madison to Hoover failed to exercise the powers of the presidency in any significant manner.  Andrew Jackson was the first president to act as strong national leader. Made extensive use of veto power Reasserted the supremacy of the national government (and the presidency) by facing down South Carolina’s nullification of a federal tariff law.

Pearson Education, Inc. © 2006 Incremental Expansion of Presidential Powers:  Lincoln argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis. Suspended the write of habeas corpus Expanded the size of U.S. army above Congress’s mandates Ordered a blockade of southern ports (initiating war without congressional approval) Closed the U.S. mails to treasonable mailings

Pearson Education, Inc. © 2006 The Growth of the Modern Presidency  Today Congress often is just too slow to respond to fast-changing events (esp. in foreign affairs).  In the 20 th and 21 st centuries, the trend has been for presidential decision making to be more important.  Trend began with the four-term presidency of F.D.R. New Deal brought new bureaucracy F.D.R. personalized the presidency

Pearson Education, Inc. © 2006 The Presidential Establishment  Vice President  The Cabinet  The First Lady

Pearson Education, Inc. © 2006 The U.S. Cabinet and Responsibilities of Each Executive Department

Pearson Education, Inc. © 2006 The Executive Office of the President  EOP Establishment created in 1939 to help the president oversee the executive branch bureaucracy. Most important members  National Security Council  Council of Economic Advisors  Office of Management and Budget  Office of the Vice President  U.S. Trade Representative

Pearson Education, Inc. © 2006 The White House Staff  Personal assistants to the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides.  Size increased over time  Bill Clinton cut staff by 15%  Current White House has fewer than 400 staffers

Pearson Education, Inc. © 2006 President as Policy Maker  FDR sent a legislative package to Congress and broke tradition. He said, “It is the duty of the President to propose and it is the privilege of the Congress to dispose.” Shifted the presidency into a law- and policy-maker role.

Pearson Education, Inc. © 2006 President’s Role in Proposing and Facilitating Legislation  Today the public expects the president to formulate legislative plans to propose to Congress.  Presidents must construct coalitions within Congress that will work for passage of his legislation. Difficult task Better to initiate early in term (honeymoon) Can use patronage and personal rewards to gain support Use political party as a support

Pearson Education, Inc. © 2006 The Budgetary Process and Legislative Implementation  Congress had primary responsibility for the budget process until Creation of the Bureau of the Budget Bureau of Budget moved to EOP Nixon changed its name to Office of Management and Budget  OMB prepares the president’s annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Pearson Education, Inc. © 2006 Policy Making Through Regulation  Executive Order: A rule or regulation issued by the president that has the effect of law. All executive orders must be published in the Federal Register. Truman ordered an end to segregation in the military. Affirmative action was institutionalized as national policy through Executive Order by L.B. Johnson in 1966.

Pearson Education, Inc. © 2006 Presidential Leadership  Often the difference between great and mediocre presidents centers on their ability to grasp the importance of leadership style.  Seat of power from which decisions could flow to shape the national destiny  FDR and the Great Depression  Lincoln and the Civil War  Bush and 9/11?

Pearson Education, Inc. © 2006 The Power to Persuade  Going Public Mobilizing public opinion by going directly to the public Going over the heads of Congress to gain support from the people who can then put pressure on their elected officials in Washington

Pearson Education, Inc. © 2006 Public’s Perception of Presidential Performance  President has the best chances of convincing Congress to follow his policy lead when his public opinion ratings are high.  Presidential popularity, however, follows a cyclical pattern. Highest level of approval at the beginning of their terms Each action the president takes is divisive (some will approve, others will not) Disapproval tends to have a cumulative effect so in general approval wanes over time.