1. G-12: The Presidency

2. 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 or inherent 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.

3. Development of the Presidency Constitutional Rules:
Three Primary Characteristics:
?___________ from other branches
?_______powers
12-1 Primary Characteristics of the Presidency
Vaguely defined ?________

4. Legal & Political Independence
Congress & Courts => no major role in selection
Congress only counts ?_______ ________ 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

5. 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?
Provide Advice & ?______________

6. Article II of the Constitution President’s Enumerated Powers
Or Explicit, or Delegated Powers
Powers ?__________ ___________in the text of the Constitution
Enumerated Powers
12-1a Enumerated Powers of the Presidency

7. 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?

8. The Presidency in Practice Applying the Rules:
George Washington’s precedents:
Proposed & lobbied Congress to pass his 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?)
Thomas Jefferson’s precedents:
Established President as “Leader of the Party”

9. The Presidency in Practice (2)
Andrew Jackson’s precedents:
“voice of the people” (national constituency)
Justification for President’s leadership role
Abraham Lincoln’s precedents:
Whatever it takes to protect Union=> peak of Power
Usurped powers of Congress (appropriate $$$ & declare War)
Ignored Constitutional limits to preserve Union
(later rebuffed by the Supreme 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)

10. Article II of the Constitution
Vague Definition of President’s power & authority
Impact?
?__________ or “Inherent” 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 ?________ over the last two hundred years.

11. Advent of the “Modern” Presidency
Who is most identified with the start of the “modern” Presidency?
Franklin D. Roosevelt
Impact of FDR:
Preeminent source of national leadership (why?)
Role of FDR during Great ?___________ & ?_________
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?*

12. Institutionalized Leadership - Six Key Presidential Roles:
The Modern President
Institutionalized Leadership -
Six Key Presidential Roles:
Chief of ?___________
Chief ?___________
Nation’s ?______ _______
Commander-in- ?___________
12-1c The Modern Presidency

13. Selecting a President Party ?_________ General ?_________ Electoral
The Three Stages of selecting a President?
Party
?_________
General
?_________
12-2a Selecting a President
Electoral
?________

14. 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 to National Convention
(Delegates selection tightly controlled by party leaders)
Result: Candidates must make deals & promises (w/Party leaders)

15. Party Convention Nomination System
National Party
Convention;
Selects nominee
Rank and File
Party Members
attend
State
Party
Convention
Selects delegates
Local Party
Convention;
Selects delegates
12-2a Party Convention
District Party
Convention;
Selects delegates

16. 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
Chaos reigns => Young vs. old democrats split=> lose election
As a Result:
Democratic Party makes major rule changes => impact:
Increased participation of minorities & women
(Delegates would now represent rank & file profiles)
Delegates now allotted in proportion to actual rank & file votes they actually received during the Primary Election (Figure12-2)*

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

18. Impact of post-1968 Primaries on the nature of Presidential nomination
Importance of early nominating events rises
“Going early” => incentive for candidates
Result?
Prompted states to hold primary races much earlier- why?
To allow their state to have a meaningful input into ?_____________________________
Also known as?*
12-2a Frontloading

19. For 2008: more states opted to be even earlier)
?___________
The decision states make to move their primaries and caucuses to earlier dates to increase their impact on nomination process
For 2008: more states opted to be even earlier)
Frontloading => impact:
Increased importance of candidate raising early campaign $$$
Weakened influence of state party organizations in process
Nominee Selection shift: From Congress=> Party=> Rank & File

20. The General Election Three major changes shifting focus of election?
From Party’s influence to role of ?___________
1. Emergence of ?___________ & Radio
2. Federal Election Campaign Act (FECA) laws
3. The ?__________ & its effective use to attract small donations ($50-100) from many more donors
How has TV & Radio affected election campaigns?*

21. The Influence of Radio & Television
Four major effects:
1. Allowed candidates to address voters ?________
2. Increased ?___________ of each candidate to the voters
3. Shifted control of campaign from Party to the ?___________ (with the most money raised early)
4. Candidates use of mass media has significantly increased ?___________ of elections*
12-2a The Influence of Radio and Television

22. General Election Campaign Costs 1900-2008
2004
2000
12-2b General Election Campaign Costs

23. Bipartisan Campaign Reform Act
Congress has made numerous attempts to reform Campaign Finance laws since FECA of 1971
All have had disappointing or unexpected outcomes
The latest reform attempt was BCRA
BCRA (AKA: ?___________ ____________)
Latest attempt focused on limiting soft money
Also increased individual contributions to $2000/candidate/election
(Challenged in the Courts by opponents)
Result of all of above reforms:
Candidate Centered Campaigns now dominate
(Vice Party centered control of pre-1968 campaigns)
Candidates now in full control of their own campaigns
2008 election is projected to break all $$$ records

24. Who Actually Elects the President?
*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

25. Key Questions:
Popular vote vs. Electoral vote – what’s the difference?
How are number of electors per state decided?
Which states have most electors?
How many votes needed to win? (margin of victory)*

26. Electoral College – The Unit Rule
Popular Vote decides which candidate wins Electoral Vote
How are the vast majority of states’ Electoral Votes allocated?
Role of unit rule =>
Most popular votes=> “winner take all” of state’s electoral Votes
Impact on candidates’ campaigns?
Attention therefore devoted to ?_____ ____& winnable states
Potential impact of 3rd party candidates on election
Needed to win election? =>
?_________ (a majority) out of 538 possible electoral Votes
If no majority of electoral votes– who decides election?
Constitution’s guidance & role of House & Senate?

27. Summary: Impact of Change and Reform
Impact of changes in presidential selection process in the way Presidents now govern:
More personalized presidencies
Weakened political parties
More spit ticket voting
Let’s examine the Presidency as an Institution*

28. Presidency as an Institution
Three Sources of Presidential Powers:
Presidential
?_________
The
?__________
Statutory
?_________
12-3a Sources of Presidential Powers

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

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

31. 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.
Consolidated submission of Executive Dept. Budgets
12-3b Central Legislative Clearance

32. 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

33. Models of Presidential Power
Three different approaches to Presidential Power:
Restricted
Prerogative
Presidents only allowed to exercise powers granted by Constitution or Statutory laws
Model
When nation is at stake, President may take any action necessary, regardless of Constitutional legality
Model
Stewardship
President, representing the entire nation, must act as a steward
Model
12-3d Stewardship Model
William Howard Taft
Abraham Lincoln
Model followed now?
Theodore Roosevelt
?_________- although some say Pres Bush is applying Lincoln’s model

34. 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

35. Executive Branch *
= EOP

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

37. 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

38. White House Office AKA: The West Wing

39. The West Wing

41. 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

42. 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?

43. External Influences Expectations of others
Institutionalized expectations of:
Congress, news media, & Public- all expect President to:
Set Nation’s political agenda (FDR)
Personally deliver State of the Union address
Presented before joint session of Congress
Televised nationally to American people (A very big deal)
Impact: places constraints & political accountability
Also reduce opportunities for abuse of power

44. Assessing the Presidency as an Institution (Summary)
More presidential power acquired over time
Interpreted & established as implied or inherent 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 of the: Public, Congress, & Media,
Interest Groups & the Bureaucracy

45. 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 (SS) Reform)
Nothing really happened on SS as other events (the War) took priority
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 & attempting to remain relevant to the political process

46. Permanent Crisis – Institutional Constraints:
What are the institutional constraints of the Presidency?
Constitutional rules=> shared powers
Executive vs. Congress vs. The Judiciary
Must gain cooperation & persuade others=>
Persuade Congress, Bureaucrats, & interest groups
National orientation & perspective:
President’s national perspective vs.
Congress’s focus on State or district interests
President’s broader scope vs. narrow scope of Congress
Result: different priorities for the nation

47. Presidential Strategies
To deal with these challenges, Presidents use 2 strategies:
1. ?_________________ Strategy
In simplest terms: “horse trading” (+) vs. veto threat (-)
Nothing succeeds like success = Perception of power
Advantage of being popular with the people (+ poll numbers)=>
Positive impact on Congressional cooperation (it pays to be a winner)
2. ?___________ ___________Strategy (Figure 12-7)*
Mobilize public support
Direct appeals to public => over the heads of the media
Usually Presidents use combination of both (above)

48. Presidential Public Activities 1929-1996

49. Presidential Relationships
Presidents and Congress:
President has the power to set Congressional agenda – But=>
Congress likely to vote w/own party & not w/other side
Therefore the President of the majority party that also controls Congress controls the legislative process
What’s the situation now?
Major constraint: ?____________ government=>
Result: Congress less likely to pass president’s agenda
President must spend time opposing opposition’s majority Party’s agenda (by threatening to veto bills)

50. Presidents and the Public
6/2008
Must develop good relations w/public & keep it
Use modern mass communications for direct appeals
Regular access always available to public (radio & TV)
Projecting a positive image & support essential
Speech writers & media consultants are essential
Public opinion polls provide info on the Public’s attitude
Next class: Presidents and the Bureaucracy

51. Next Class: Chapter 13
The Bureaucracy

52. Backup Slides

53. 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.

54. 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.

55. Back-up Slides

56. Presidential Popularity Over Time
Reality of declining popularity over time (Figure 12-8)
Beginnings: exaggerated public support- then=> Decline soon follows =>
Reason: Expectations gap=> unrealistic expectations at the beginning
Unfulfilled campaign promises or disappointment over handling national crises
Very short honeymoon results soon after (if any at all)
Axiom: Greater the popularity=> Greater perception of power
Greater influence on Congress=> more likely to pass President’s agenda
10/2007
Current low poll numbers give Democratic Congressional majority a clear advantage

57. 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)

58. Campaign Finance Laws (The details & changes over time)
FECA of 1971
First attempt at election reform =>
Resulted in a number of unintended consequences:
loopholes & rise of PACs
FECA Regulations (1971):
Presidential candidates can contribute no more than $50,000 to their own campaign
Limits placed on spending for media ads
Candidates must disclose names of anyone who contributes more than $100 to their campaign

59. Buckley v. Valeo Decision*
Supreme Court decision in 1976 =>
Undermined FECA reforms
Court’s ruling on independent expenditures
1st Amendment free speech protected
(if no contact made with candidate)
(Separate independent & uncoordinated advocacy advertisements deemed OK)
No Government limitation on candidates’ own expenditure
If no public $$ used
(Bush W. during 2000 nomination campaign)

60. Changing the Selection Process & Potential Consequences
Is the Electoral College outdated?
Should presidents be elected by direct popular vote?
Potential impact on system if popular vote replaced electoral vote to select the President?
Urban/coastal population concentrations vs. rural states
(West & East Coastal voters vs. Western & Midwest voters)
Likely impact on states with lower populations?
Potential for other unanticipated consequences & their impact - TBD

61. Campaign Finance Laws- Amendments
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
Supreme Court decision in 1976 =>
Undermined FECA reforms
Court’s ruling on independent expenditures
1st Amendment free speech protected
(if no contact made with candidate)
(Separate independent & uncoordinated advocacy advertisements deemed OK)

62. 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

63. Buckley v. Valeo (1976)- Summary
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

64. “Soft Money” 1979 FECA Amendments=> addressed Court’s concerns
Result: “soft money”* increased
Soft money: Expenditures political parties make during an election for any activity that serves the purpose of “increasing voter turnout.”
Unlimited contributions to party (vice candidate) made OK
Considered legal as long as no coordination with candidate effected (but routinely abused by both Party Campaigns)
(Direct contributions to the Candidate considered as “hard money”)
Result=> significantly more $$$ contributed to party (“to educate the voters”)
Impact: Role of political parties’ influence rises dramatically

65. Campaign Finance Laws – “Soft Money” - 1979 Amendments:
1979 FECA Amendments=>
Result: “soft money”(?) increases
Unlimited contributions to party (vice candidate) OK
Considered legal as long as no coordination with candidate effected (abused by both Party Campaigns)
(Direct contributions to the Candidate considered as “hard money”)
Result=> significantly more $$$ contributed to party (“to educate the voters”)
Role of political parties’ influence rises dramatically

68. 2008 Presidential Primary Schedule