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The American Presidency
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The Central Dilemma The individual (his personality, skills, etc.) versus history (environment, nature of times) Do great presidents make history or does history make them? Would a president other than Lyndon Johnson have passed the civil rights legislation of the 1960s? Would a president other than FDR have gotten us through the Great Depression and WWII? Would a president other than Reagan have dealt as effectively with the Soviets?
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Historical Powers of the Presidency:
1. The Traditional President (late 1700s-early 1930s): presidents did little during this period, and Congress was generally dominant [exceptions?] 2. The Modern President (early 1930s-mid-1970s): a powerful activist presidency prompted by the Great Depression and WWII, Congress become less dominant. 3. The Postmodern President: a weakened presidency whose powers have been sapped by relative economic decline and the growth of interdependence. The world has now “closed in on” the American presidency. The main result of this is that in this new era a president must “go international’ in order to get much of anything done. Quotes from Rose: “A generation ago the President had a trump card in dealing with foreign nations: to act as if they were not there. Europeans characterized this with a saying: Having America as an ally is like being in bed with an elephant. Mammoth military and economic force gave the United States a unique displacement in the international system. When American foreign policy altered or the economy turned over unexpectedly, everyone else in the bed had to move quickly or risk being crushed accidentally by the American behemoth” “In order to succeed, the President now needs the freely given cooperation of foreign nations. The White House retains the attributes of the modern presidency, but in a changing world these resources are no longer adequate. A Postmodern President cannot secure success simply by influencing Congress and public opinion; the President must also influence leaders of other nations and events in the international system”
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Art. II Constitutional Qualifications of POTUS:
(a) 35 or older (b) natural born (c) 14 years of residency (d) term limits (22 amendment-2 terms) (e) disability of president - 25th amendment. A new non-elected VP needs approval from both houses. (g) popularly elected – but indirect election through Electoral College. Many world leaders not elected but selected by someone. i.e., PM’s are chosen by the majority party. Van Buren was the first natural born president POTUS - President of the United States FLOTUS - First Lady of the United States VPOTUS - Vice President of the United States Presidents of the United States and their families Harry S. Truman - General[4] Dwight Eisenhower - Scorecard[1] or Providence[6] Mamie Eisenhower - Springtime[6] John F. Kennedy - Lancer[6] Jacqueline Kennedy - Lace[6][7] Caroline Kennedy - Lyric[6] John F. Kennedy, Jr. - Lark[8] Rose Kennedy - Coppertone[9] Lyndon Johnson - Volunteer[6] Lady Bird Johnson - Victoria[6] Lynda Bird Johnson - Velvet[6] Luci Baines Johnson - Venus[6] Richard Nixon - Searchlight[6] Pat Nixon - Starlight[6] Gerald Ford - Pass Key[6] Betty Ford - Pinafore[6] Susan Ford - Panda[6] Michael Ford - Professor[6] Jack Ford - Packman[6] Jimmy Carter - Deacon[6] Rosalynn Carter - Dancer[6] Amy Carter - Dynamo[6] Chip Carter - Diamond[9] Jack Carter - Derby[9] Jeff Carter - Deckhand[9] ] Ronald Reagan - Rawhide[6][10] Nancy Reagan - Rainbow[6] Maureen Reagan - Rhyme, Rosebud[11] Michael Reagan - Riddler[11] Patti Davis - Ribbon[6] Ron Reagan - Reliant[6] Doria Reagan - Radiant[6] George H. W. Bush - Timberwolf[6] Barbara Bush - Snowbank[12] or Tranquility[6] Marvin Bush - Tuner[9] Neil Bush - Trapline[9] Jeb Bush - Tripper[9] Bill Clinton - Eagle[6] Hillary Rodham Clinton - Evergreen[6] Chelsea Clinton - Energy[6] George W. Bush - Tumbler[13] or Trailblazer[6][10] Laura Bush - Tempo[6][10] Barbara Bush - Turquoise[14] Jenna Bush - Twinkle[9] Barack Obama - Renegade[10][15] Michelle Obama - Renaissance[10][16] Malia Obama - Radiance[4][10] Sasha Obama - Rosebud[4][10]
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Art. II: Powers & Duties of the President
CHIEF EXECTIVE head of Executive Branch COMMANDER IN CHIEF head of the armed forces (War Powers Act) GRANTS REPRIEVES & PARDONS Reprieves = delay of punishment Pardon = forgiveness POWER TO SIGN OR VETO laws passed by congress
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Art. II: Powers & Duties of the President
MAKE TREATIES with other countries -must be approved by 2/3 of Senate -can also make Executive Agreements -what’s the difference? MAKE APPOINTMENTS to cabinet, Supreme Ct., ambassadors, etc. - Must be approved by Senate (a new POTUS makes approx. 3,000 appointments) Duty to report to Congress & the people on THE STATE OF THE UNION
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ROLES OF POTUS: Chief of State Chief Executive Chief Administrator
Chief Diplomat Commander in Chief Chief Legislator Chief of Party Chief Citizen
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SALARY & BENEFITS: $400,000 PLUS SALARY!!!! $50,000 Expense Account +…
($227,300 – VP – same as Speaker & Chief Justice) $50,000 Expense Account +… Benefits: Housing Transportation Health Care Secret Service for Life Pensions Movie Theatre The president earns a $400,000 annual salary, along with a $50,000 annual expense account, a $100,000 nontaxable travel account and $19,000 for entertainment. The most recent raise in salary was approved by Congress and President Clinton in 1999 and went into effect in 2001. The White House in Washington, D.C. serves as the official place of residence for the president; he is entitled to use its staff and facilities, including medical care, recreation, housekeeping, and security services. Naval Support Facility Thurmont, popularly known as Camp David, is a mountain-based military camp in Frederick County, Maryland used as a country retreat and for high alert protection of the president and his guests. Blair House, located next to the Old Executive Office Building at the White House Complex and Lafayette Park, is a complex of four connected townhouses exceeding 70,000 square feet (6,500 m2) of floor space which serves as the president's official guest house and as a secondary residence for the president if needed.[73] For ground travel, the president uses the presidential state car, which is an armored limousine built on a heavily modified Cadillac-based chassis.[74] One of two identical Boeing VC-25 aircraft, which are extensively modified versions of Boeing B airliners, serve as long distance travel for the president, and are referred to as Air Force One while the president is on board.[75][76] The president also uses a United States Marine Corps helicopter, designated Marine One when the president is aboard. The United States Secret Service is charged with protecting the sitting president and the first family. As part of their protection, presidents, first ladies, their children and other immediate family members, and other prominent persons and locations are assigned Secret Service codenames.[77] The use of such names was originally for security purposes and dates to a time when sensitive electronic communications were not routinely encrypted; today, the names simply serve for purposes of brevity, clarity and tradition Bowling alley – one lane – first put in for Truman…didn’t care for it so much == Nixon put a new one in. Still there / open to visitors.
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TERM & SUCCESSION: 2 Term precedent – from who to who?
22nd Amendment – 1951 – how long can POTUS actually serve? Should this amendment be repealed? Reasons for succession: Death, resignation, impeachment AND conviction, temporary or permanent disability Order of succession: Determined by Congress – P Succession Act VP, Speaker, Pres. Pro Tempore, Sec. of State ….other cabinet members in order of cabinet creation. Who would be last? Accidental President? Arguments for repeal of 22nd Amendment: Truman, Ike, Reagan It’s an undemocratic rule – places limit on the right of the people to to elect who they want as P It undercuts the authority of a 2 term P in his last term Arguments in favor of 22nd amendment: Carter, Johnson P can focus on his job and doesn’t have to worry about a 3rd campaign Actually they wanted 1 six year term Disability: Garfield – 80 days of disability; Wilson – months/stroke/Edith as P
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ELECTION ELECTORAL COLLEGE
P & VP are only 2 offices in this country elected by the electoral college method Allocation of electoral votes does NOT always reflect the population CA has approx. 1 electoral vote for every 500,000 voters; AK has 3 electoral votes for all 183,000 people
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Electoral College 4 times winner of popular vote has NOT won the P election 1824 – Jackson lost to John Q. Adams 1876 – Tilden lost to Hayes 1888 – Cleveland lost to Benjamin Harrison 2000 – Gore lost to George W. Bush Election date is always the Tuesday after the first Monday in November. Inauguration is always Jan. 20 (per the 20th Amendment) Oath of office is administered by the Chief Justice of the Supreme Court
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Presidential Power, Richard Neustadt
Presidential power is “the power to persuade” A president’s power is related to the perception of three audiences: 1. Others in Washington D.C. (Senate, House of Representatives, Supreme Court) 2. The party activists and officeholders outside Washington 3. The mass public at large 4. A fourth audience today?
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LEADERSHIP ATTRIBUTES OF POTUS:
Ability to manage a crisis Ability to demonstrate leadership as perceived by the public Ability to appoint quality officials Ability to set & clarify the national agenda Ability to achieve success in the foreign policy arena Democratic principles reflected by Ps on Mount Rushmore? Democracy Equality Liberty Washington – liberty Jefferson – “democracy” – power of the people Lincoln – equality TR – global responsibility Global Responsibility
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POWERS OF THE PRESIDENT
How is a P different from a Prime Minister? P has term limit PM has no divided gov’t PM is longtime party leader Party discipline is better in a parliamentary system Types of powers – Examples of each? National Security Legislative Administrative Judicial National Security – Commander in Chief Legislative – State of Union, recommend legislation Administrative – nominate and appoint officials – cabinet, judges, etc. Judicial – reprieve, pardon, nominate judges Commander in Chief State of Union Appointments Nominate judges, pardons
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POWERS OF THE PRESIDENT Power of Appointment:
To federal offices (bureaucracy) Federal/SCOTUS judicial positions Cabinet Divided Government poses problems in appointment – why? Harder to get Senate approval Ideological conflicts Offices may go unfilled A new P makes approximately 3,000 appointments Note: not all P appointments require senate confirmation. Cabinet, Sup. Ct, Director of CIA – examples that would; Deputy Director of CIA – does not. Any senator can place a hold on a nomination for any reason until the executive branch gives the senator what he or she wants.
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POWERS OF THE PRESIDENT Power of Appointment:
So… how do appointments get confirmed? To fill positions, POTUS must go to public for support build coalitions in Congress make deals and compromise diversify in his choices do more background screening President does have power to make “recess appointments” without Senate confirmation Any senator can place a hold on a nomination for any reason until the executive branch gives the senator what he or she wants. The president does have a weapon in his or her arsenal to use if a committee takes no action. Presidents can make direct appointments to vacant posts when Congress is out of session. Called recess appointments, the appointee holds the post until Congress reconvenes. To remain in effect a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year.
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“War-making” Power of POTUS (National Security Powers)
Most problems between P & Congress War Powers Act of 1973 – why? Nixon vetoed / veto overridden P can commit troops in 1 of 3 ways: Declaration of war by Congress (only 5 times in history) National Emergency If use of force is in national interest P must advise Congress of troop deployment within 48 hours – keep Congress advised Commitment of troops ends after 60 days UNLESS approved by Congress Note – gets another 30 days after the 60 to get troops withdrawn
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War Powers…. Has been called a “legislative veto”- is it?
Issue has not yet been resolved by the Courts All Ps have deemed War Powers Act unconstitutional and, in many cases, ignored it Ps who have flaunted war powers? Reagan – Grenada Bush, Sr. – Kuwait/Desert Storm Clinton – Haiti /Bosnia George W. – Iraq Obama – Libya 2011 …. But did notify Congress of troop deployment there in 2012 Overruling two of his senior legal advisers--the Pentagon's general counsel and the acting head of the Justice Department's Office of Legal Counsel--President Obama has decided that the U.S. is not engaged in "hostilities" in Libya. Obama has effectively nullified the War Powers Resolution (WPR), which requires the president to end hostilities within 60 days (with another 30 days to withdraw troops) unless he has received Congress's authorization. In the Libyan war, the deadline for receiving Congressional approval or standing down passed on Friday. President Obama has done nothing to win Congress's approval. There was no attack on the U.S., no declaration of war, he never went to the Congress beforehand to seek support in terms of a vote
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POTUS as Chief Executive (Administrative Powers)
2 resources for controlling the bureaucracy? Appointment of top level administrators Recommending budgets to Congress Role of the VP? Only constitutional duty? Why haven’t Ps expanded the role of the VP over the years? Can’t fire the VP if he doesn’t do a good job!
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THE EXECUTIVE DEPARTMENTS “EXECUTE ALL LAWS”
The Cabinet 15 cabinet positions (Homeland Security is newest) EOP (Executive Office of the President) Created by FDR – 1939, to support administration Chief of Staff – P’s top aide, manages EOP National Security Council, OMB, Council of Economic Advisors, Office of National Drug Control, Office of First Lady, Trade Representative…. Directly advise P on a daily basis None elected – over 600 – most NOT subject to Senate confirmation. White House Staff Chief of Staff; Deputy Chiefs; Senior Advisors; Counsel Chief of Staff pretty much controls what info gets to POTUS NSC is not subject to Congressional oversight so different from Dept of State White House Staff for Obama The current White House Chief of Staff is Denis McDonough, who assumed the position on January 25, 2013, after Jack Lew resigned in order to accept appointment as Secretary of the Treasury. Describe the different managerial styles of Reagan and Carter: Carter – micro-manager, detail man Reagan – ultimate delegator
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Chief Legislator (Legislative Powers)
State of Union address to Congress & the people Power to veto legislation Usually effective Only 4% of all vetoed bills overridden Line-item veto – Governors have it, P’s don’t Congress gave it to Clinton in 1996 In Clinton v. City of New York, 1998 – SCOTUS held it unconstitutional grant of power to P by Congress Held it violated the presentment clause which governs the law-making process Midterm elections – P’s party generally loses seats in Congress Clinton Case: the City of New York, two hospital associations, etc. challenged the President's cancellation of a provision in the Balanced Budget Act of 1997 which relinquished the Federal Government's ability to recoup nearly $2.6 billion in taxes levied against Medicaid providers by the State of New York. SCOTUS held that legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President. By canceling only selected portions of the bills at issue, the President in effect "amended" the laws before him.
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EXECUTIVE ORDERS:
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Chief Legislator ORDINANCE POWER
EXECUTIVE ORDERS – P writes law! Source: Constitution: implied; to further acts of Congress Can be overturned by Congress – don’t fund it or pass conflicting law OR by SCOTUS – held unconstitutional Can also be overturned by future Ps The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. • The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress --- must be issued to further an “act of Congress.” • Although not specifically mentioned in the Constitution, the ordinance power is clearly intended….. a vague grant of "executive power" given in Art II, Section 1, of the Constitution, and furthered by the declaration that P "take Care that the Laws be faithfully executed" • The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates Executive Order 9066 – Japanese relocation, FDR A month later, Congress passed Law 503, making it a federal offense to disobey the president's executive order. George W. Bush established Dept. of Homeland Security by ex. order in 2001 Obama – sanctions on Iran; gun control re firearms sales near Mexican borders
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Chief Diplomat – Treaties & Executive Agreements
Ps have exclusive power to grant diplomatic recognition to a nation Ps have exclusive power to negotiate treaties (Senate approves – supermajority vote) In addition to treaty-making power, Ps also have power to negotiate executive agreements with heads of foreign governments What’s the difference? NO SENATE RATIFICATION IS REQUIRED in this! Note: Treaties are binding on future P’s, but executive agreements are not. Most routine; non-controversial - food deliveries, customs BUT, can implement important & controversial policies Vietnam peace agreement, Salt I limiting offensive nuclear weapons, NAFTA
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Relationship with the Media
Press Sec’y Robert Gibbs MUST have a good one! Press Secretary (part of White House staff) deals with the press corps P gets much access to television spots P gets weekly radio address to discuss whatever he wants Ps have tried to control & spin the media since Watergate Which P had best relationship?
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Relationship with the Media
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Public Approval Polls used extensively Factors affecting opinion of P:
Average rating of outgoing Ps is 50% or less During national emergencies, approval usually increases Techniques that work: FDR & Fireside Chats Clinton & Town Hall Meetings Factors affecting opinion of P: Pre & post election swings Ability to handle a foreign crisis CONDITION OF THE ECONOMY Leadership during a domestic crisis Ability to get programs through Congress
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APPROVAL RATINGS:
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IMPEACHMENT: The President, Vice President & other public officials may be impeached & tried for treason, bribery & other high crimes & misdemeanors. House of Reps impeaches (indicts) by a majority vote Senate holds trial (jury) Acquits or convicts (requires 2/3 vote) What happens if convicted? Only 2 P’s ever impeached? Since 1797 the House of Representatives has impeached 16 federal officials. These include two presidents, a cabinet member, a senator, a justice of the Supreme Court, and eleven federal judges. Of those, the Senate has convicted and removed seven, all of them judges. Not included in this list are the office holders who have resigned rather than face impeachment, most notably, Nixon. The Senate was one vote short of the two-thirds majority needed to convict Johnson and he was acquitted May 26, Clinton was impeached on two counts, grand jury perjury (228–206) and obstruction of justice (221–212), with the votes split along party lines. The Senate Republicans, however, were unable to gather enough support to achieve the two-thirds majority required for his conviction. On Feb. 12, 1999, the Senate acquitted President Clinton on both counts. The perjury charge failed by a vote of 55–45, with 10 Republicans voting against impeachment along with all 45 Democrats. The obstruction of justice vote was 50–50, with 5 Republicans breaking ranks to vote against impeachment.
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The Clinton Vote: Clinton was impeached on two counts, grand jury perjury (228–206) and obstruction of justice (221–212), with the votes split along party lines. Senate Republicans couldn’t get the two-thirds majority for conviction. On Feb. 12, 1999, the Senate acquitted President Clinton on both counts. The perjury charge failed by a vote of 55–45, with 10 Republicans voting against impeachment along with all 45 Democrats. The obstruction of justice vote was 50–50, with 5 Republicans breaking ranks to vote against impeachment.
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