1. Contemporary basis for Presidential Power

2. 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

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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”

10. 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

11. 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

12. 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

13. 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

14. 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 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

15. Significant Executive Orders, 1900–1995

16. 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

17. 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