1. President and the Executive Branch
Imperial threat or imperiled public servant

2. Introduction to the Presidency
Presidents are frequently called “the most powerful man in the world.” What do we expect of presidents?
What are the President’s powers and can presidents live up to our expectations?
Why are some presidents more powerful than others?
Some of the framers of the Constitution were concerned that presidents would be too powerful, while others were concerned that presidents would not have enough power. Are modern presidents too powerful or not powerful enough?

3. Presidential Power What do we expect presidents to do?
What’s in the Constitution to get the job done?

4. Formal Understanding of the President’s Constitutional Powers
Generally speaking, until the 20th century, presidents tended to interpret their powers according to a formalistic interpretation that limited it. There were a few exceptional instances, like President Lincoln claiming emergency powers during the Civil War, but for the most part presidents saw their power as limited. Lincoln, for example, claimed he only had the exceptional powers he used because of the severity of the crisis and not that they were inherently presidential powers.

5. "I did not usurp power, but I did greatly broaden the use of executive power.“ —President Theodore Roosevelt

6. Stewardship Theory of the President: President as a "steward of the people" should take whatever action necessary for the public good unless expressly forbidden by law or the Constitution.

7. Categories of Presidential Power
Expressed powers—powers specifically given in the Constitution
Delegated powers—constitutional powers that one branch of government has but it is exercised by another branch
Inherent Powers—powers that can be inferred from the Constitution but not expressly in it

8. Constitutional Powers of the President
Veto (legislative power)
Commander in Chief of the Military
Chief Executive
Reprieves and pardons
Treaties
Appoint Federal Judges
State of the Union Address

9. The Framer’s Intent
“The President is also to be authorized to receive ambassadors and other public ministers. This, though it has been a rich theme of declamation, is more a matter of dignity than of authority. It is a circumstance which will be without consequence in the administration of the government…. There is no comparison between the intended power of the President and the actual power of the British sovereign. The one can perform alone what the other can only do with the concurrence of the legislative branch.” –Alexander Hamilton Federalist #69

10. The Framer’s Intent
“The inquiry then is--what department of the Government of the U(nited) States is the proper one to make a declaration of Neutrality in the cases in which the engagements of the Nation permit and its interests require such a declaration… It must then of necessity belong to the Executive Department to exercise the function in Question--when a proper case for the exercise of it occurs. It appears to be connected with that department in various capacities, as the organ of intercourse between the Nation and foreign Nations” --Alexander Hamilton, Pacificus, no. 1, 29 June 1793

11. The Framer’s Intent
“The natural province of the executive magistrate is to execute the law, as that of the legislature is to make laws. All his acts therefore must presuppose the existence of laws to be executed…. To say then that the power to make treaties, which are confessedly laws, belong naturally to the department which executes the laws, is to say, that the executive department naturally includes legislative power. In theory this is an absurdity– in practice a tyranny.” --James Madison, Helvidus, no. 1, August 1793

12. Can “intent” to tell us presidential powers?
There was disagreement among the framers of the Constitution.
Madison and Jefferson disagreed with Hamilton and Washington
Hamilton disagreed with himself at different times
There may be no universal, best interpretation.
Presidential powers will be political defined by presidents in conflict with others.

13. Roles of the President Head of State Head of Government Head of Party
Chief Diplomat

14. Other sources of presidential power
Persuasion and Bargaining
Public Presidency
Unitary Actor
Administrative Presidency
Congressional Support
Foreign Policy
War Powers

15. Richard Neustadt (1960) Wield power through:
Command
Persuasion
Bargaining
Presidents have to rely on bargaining and building a professional reputation.

16. Public Presidency “Bully Pulpit” Set the Public Agenda Mandate
Honeymoon
Presidential Approval
Rally “Around the Flag” Effect

17. President and Congress
Unified Government
Divided Government
Presidential Coattails

18. War Powers Act (1973) President may commit armed forces
Declaration of war
Specific statutory authorization
National emergency (attack on the U.S. , its territories, possessions or armed forces)
Must consult with Congress “at every possible instance”
60-Day Clock for Reauthorization

19. Final Comments on Presidential Power
Imperial of Imperiled Presidency?
Secrecy
Abuse
No checks and balances

20. Final Comments on Presidential Power
Imperial of Imperiled Presidency?
Public Expectations
Vast Size and Complexity
Party decline and lower party discipline
Mass media and end of the “Golden Era”

21. Does the President have too much power?
Have we moved away from “checks and balances”?
Is it good that the President is the center of attention and action?
Would it be better for it to be otherwise?
What is the alternative in the modern political environment?