1. 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.

2. 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

3. 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

4. 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?

5. 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

6. 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?

7. 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”

8. 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)

9. 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.

10. 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?

11. 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

12. 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

13. 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 ( )
Role of Congress=> select party’s nominee=> “King Caucus”
Party Conventions ( )
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)

14. 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

15. 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 ( )
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

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

17. 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

18. 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

19. 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?*

20. 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

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

22. 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

23. 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

24. 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)

25. 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

26. 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

27. 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)*

28. 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

29. 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?

30. 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

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

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

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

34. 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

35. 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

36. 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

37. 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

38. Executive Branch *
= EOP

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

40. 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

41. White House Office AKA: The West Wing

42. The West Wing
Old Executive
Office Building
(Staffs)

44. 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

45. 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?

46. 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

47. 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

48. 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

49. 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

50. 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)

51. Presidential Public Activities 1929-1996

52. 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

53. 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

54. 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)

55. 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)

56. 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.

57. 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.