The PresidencyChapter 11

Who Can Become President? To win the $400,000 salary, rapidly age 20 years in 8 years,

plus gain $169,000 in free expenses and services you must:

Be a natural born citizen of the United States

Be at least 35 years old

Been a resident within the United States for at least 14 years

Bill Clinton

1992 2000

George W. Bush

2000 2008

Overview: Model of the Framers Presidential Power

Directed Executor of laws passed by Congress Appoints, but with the advice and consent of the Senate Commander of troops called into action by a Congressional Declaration

of War Little or no initiative

Law-making power of the president can be traced to Article II, Section 3 “He shall recommend to Congress…the consideration [of] such measures as

he shall judge necessary and expedient” Basically, the president can recommend legislation that he feels is important

Hamilton Regarding the Executive Branch Federalist #70

A strong and energetic executive branch requires unity, duration in office, adequate resources, and sufficient power

Hamilton argues against a plural executive (more than one president) “tends to conceal faults, and destroy responsibility” Singular presidents are better suited to wield the full potential of his

power in a quick and effective way Additionally, a singular president does not have to deal with endless

arguments and disputes with other executives with the same power

Many Roles of the President President has 5 constitutional roles

Head of State

Chief Executive

Commander in Chief of the Armed Forces

Chief Diplomat

Chief Legislator of the United States

Many Roles of the President Head of State – role of the president as ceremonial head of

the government

Symbolic activities Decorating war heroes Dedicating parks and post offices Receiving visiting heads of state at the White House Going on official state visits to other countries Representing the nation at times of national mourning

9/11 Hurricane Katrina

Many Roles of the President Chief Executive – role of the president as head of the

executive branch of the government

President is constitutionally bound to enforce the acts of Congress, the judgments of federal courts, and treaties signed by the United States

“Duty to faithfully execute the laws” is typically seen as a source of great constitutional power for the president

Many Roles of the President As Chief Executive, the president has a federal bureaucracy

consisting of 2 million federal civilian employees However, the president has little to do with the day-to-day

functions as most of these positions are filled by civil service employees

Civil Service – a collective term for the body of employees working for the government Applies to all those who gain governmental employment through a merit

system The president cannot use his appointment power to recommend civil

service employees

Many Roles of the President However, the president has appointment power over jobs for

the cabinet, subcabinet, federal judgeships, agency heads, and several thousand lesser jobs

Appointment power – the authority vested in the president to fill a government office or position

Many Roles of the President Commander in Chief – the role of the president as supreme

commander of the military forces of the United States and the state National Guard units when they are called into federal service President is the ultimate decision maker in military affairs

Presidents have exercised more authority in this capacity than any other role

Many Roles of the President War Powers Resolution – law passed in 1973 spelling out the

conditions under which the president can commit troops without congressional approval Requires the president to actively consult with Congress when

sending American forces into action Once troops are sent, the president must report the deployment

to Congress within 48 hours Unless Congress approves the use of troops within 60 days or

extends the 60 day limit to 90 days, the troops must be withdrawn This legislation was primarily a response to American

involvement in Vietnam during the 1960s

Many Roles of the President Chief Diplomat – role of the president in recognizing foreign

governments, making treaties, and effective executive agreements

President can extend diplomatic recognition (or refuse it) to foreign governments

President can negotiate treaties with other nations, but the Senate must approve it by a 2/3s vote Successful treaty – Clinton and NAFTA (1993) Unsuccessful treaty – Wilson and the League of Nations (1919)

Many Roles of the President Chief Legislator – role of the president in influencing the

making of laws Presidents in the 20th century have increasingly played a

prominent role in creating legislative agendas

State of the Union address – annual message to Congress in which the president proposes a legislative program Message addressed to Congress, the American people, and the world Its impact on public opinion determines the way in which Congress will

respond to the president’s agenda

The President and Legislation Responding to legislation

If the bill is signed by the president, it becomes law

If the bill is not signed after 10 Congressional working days, it becomes law without the president’s signature

The president can reject the bill and send it back to Congress with a veto message indicating his/her issues with the bill Congress can then change the bill to secure presidential approval, or Congress can reject the president’s objection and override the veto with

a 2/3s vote in both the House and Senate

The President and Legislation Responding to legislation

Pocket Veto -- If the president refuses to sign a bill and Congress adjourns within 10 working days after the bill has been submitted to the president, the bill is killed for that session of Congress

Line-item Veto – allows the president to veto individual lines or items within a piece of legislation without vetoing the entire bill

Other Presidential Powers Constitutional Powers – power vested in the president by

Article II of the Constitution Statutory Powers – powers created for the president through

laws enacted by Congress Expressed Powers – powers of the president that is

expressly written into the Constitution or into statutory law

Other Presidential Powers Inherent Powers – powers of the president derived from the

statements in the Constitution “the executive Power shall be vested in a President” President should “take Care that the Laws be faithfully executed” Essentially powers defined through practice rather than law

Emergency powers are a prime example

Emergency Powers – inherent power exercised by the president during a period of national crisis FDR – Japanese internment during WWII GW Bush – Patriot Act and other necessary means to fight the war

on terror

The Institutional Presidency The Modern Presidency is Institutional

Circumscribed by rules, expectations, and organizations The presidency is now a leadership role

Budgetary power and legislative agenda-setting The Budget and Accounting Act of 1921

Established the framework for the modern federal budget Essentially gives the president the first strike in budgetary politics Created the Office of Management and Budget (OMB) Created the Government Accountability Office (GAO)

Non-partisan audit, evaluation, and investigative arm of Congress

F.D.R. and the Institutional Presidency Agenda-Setting: The first “Hundred Days”

Set a standard that virtually all presidents attempt to adhere to

Personal Presidency Electoral connection Use of media

“Fireside Chats” President as the national savior President as party leader

Begins with Theodore Roosevelt and becomes institutionalized with Woodrow Wilson

Presidential Influence Authority is important but power means more than authority

The president is powerless unless he/she has the power to persuade others of their views

19th century model of the presidency was one of clerkship The president followed Congressional orders and executed laws

20th century model is all about new possibilities for persuasion Institutions and bureaucratization take a backseat for TV, Internet,

radio, national media, etc. Where are we now?

The persuasiveness of the individual occupying the executive office is more important today than in the past

Going Public A president “promotes himself and his policies in Washington

by appealing to the American public for support”

How does he/she do this? General public appeal (TV, Internet, radio, national media) Going to specific constituencies (or interest groups) where swing

votes for legislation lie

Unique presidential strategy Aside from the few members of Congress who gain a national

following, only the president can appeal to the whole public

Does Going Public Work? Optimistic View

Presidents get a boost in the legislative agenda for programs that they mention in their State of the Union address

Pessimistic View Underestimating the public’s reaction can have disastrous effects

on legislative agenda Overall

Before going public, a president must be sure that They have public opinion on their side A counter-mobilization (cohesive opposition) will not occur

The Cabinet The Cabinet – an advisory group selected by the president to

aid in making decisions Includes 15 heads of executive departments and others named

by the president Originally included secretaries of state, treasury, war, and the

attorney general Neither the Constitution nor statutory law requires the president

to consult with the cabinet It is a purely discretionary group

The Vice Presidency The Constitution does not give much power to the Vice

President Only format duty is to preside as president of the Senate He/she is expected to participate only informally unless he/she is

breaking a tie Presidents traditionally have chosen VP nominees that help

balance the ticket, attract groups of voters, or appease party factions Lincoln choosing Southerner Andrew Johnson in 1864 Kennedy choosing Texan Lyndon B. Johnson in 1960

The Vice Presidency Presidential Succession

8 VPs have become president after the death of a president John Tyler “His Accidency” was the first Andrew Johnson was probably the worst

The Constitution is rather vague on presidential succession in cases of permanent/long-term disability Article II, Section 1 – “in Case of the Removal of the President from

Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President.”

25th Amendment – 1967 amendment that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential incapacity