chapter 12- the presidency (1). outline the presidency's development in theory and legal &...

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Chapter 12- The Chapter 12- The Presidency Presidency (1). Outline the presidency's development (1). Outline the presidency's development in theory in theory and and legal & political independence. legal & political independence. ( 2). Examine the President’s constitutional powers, and those shared with 2). Examine the President’s constitutional powers, and those shared with Congress, to include: Congress, to include: shared powers shared powers , , enumerated powers, enumerated powers, and and implied powers. implied powers. (3). Outline the presidency (3). Outline the presidency in practice in practice by which theoretical rules of the office are by which theoretical rules of the office are applied. applied. (4). Discuss the advent of the “modern” presidency and the impact of (4). Discuss the advent of the “modern” presidency and the impact of FDR FDR. (5). Summarize the key roles & responsibilities performed by the president, and (5). Summarize the key roles & responsibilities performed by the president, and contrast contrast Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, and and CINC CINC. (6). Outline how the President is (6). Outline how the President is nominated nominated and how this process has changed over and how this process has changed over time. time. (7). Explain how the President is (7). Explain how the President is elected elected , and the significant role of the , and the significant role of the electoral electoral college college. (8). Examine the (8). Examine the institution institution of the Presidency and various sources of of the Presidency and various sources of Presidential Presidential power power. (9). Contrast the diverse models used by presidents and explain their historic (9). Contrast the diverse models used by presidents and explain their historic impact. impact. (10). Discuss the (10). Discuss the organizational structure organizational structure of the Presidency and key agencies of the of the Presidency and key agencies of the EOP EOP. (11). Examine how the office of the (11). Examine how the office of the Presidency Presidency works and the impact of works and the impact of internal factors internal factors, to include: to include: EOP functions, Presidential Management Styles, EOP functions, Presidential Management Styles, and the role of the and the role of the Staff. Staff. (12). Examine (12). Examine external influences external influences and the impact of and the impact of expectations expectations on the Presidency. on the Presidency. (13). Analyze the modern presidency in political context of: (13). Analyze the modern presidency in political context of: permanent crisis, permanent crisis, conflicting expectations, conflicting expectations, and and time & institutional constraints. time & institutional constraints. (14). Compare the various (14). Compare the various presidential strategies presidential strategies and assess their effectiveness. and assess their effectiveness. (15). Examine the diverse relationships which the President must effectively (15). Examine the diverse relationships which the President must effectively maintain. maintain. (16). Assess the future strengths and limits of Presidential power and (16). Assess the future strengths and limits of Presidential power and leadership. leadership.

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Chapter 12- The PresidencyChapter 12- The Presidency (1). Outline the presidency's development (1). Outline the presidency's development in theoryin theory and and legal & political independence. legal & political independence. ((2). Examine the President’s constitutional powers, and those shared with Congress, to include: 2). Examine the President’s constitutional powers, and those shared with Congress, to include:

shared powersshared powers, , enumerated powers, enumerated powers, andand implied powers. implied powers.(3). Outline the presidency (3). Outline the presidency in practicein practice by which theoretical rules of the office are applied. by which theoretical rules of the office are applied.(4). Discuss the advent of the “modern” presidency and the impact of (4). Discuss the advent of the “modern” presidency and the impact of FDRFDR..(5). Summarize the key roles & responsibilities performed by the president, and contrast(5). Summarize the key roles & responsibilities performed by the president, and contrast

Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, andand CINC CINC..(6). Outline how the President is (6). Outline how the President is nominated nominated and how this process has changed over time.and how this process has changed over time.(7). Explain how the President is (7). Explain how the President is electedelected, and the significant role of the , and the significant role of the electoral collegeelectoral college..(8). Examine the (8). Examine the institutioninstitution of the Presidency and various sources of of the Presidency and various sources of PresidentialPresidential powerpower..(9). Contrast the diverse models used by presidents and explain their historic impact.(9). Contrast the diverse models used by presidents and explain their historic impact.(10). Discuss the (10). Discuss the organizational structureorganizational structure of the Presidency and key agencies of the of the Presidency and key agencies of the EOPEOP..(11). Examine how the office of the (11). Examine how the office of the PresidencyPresidency works and the impact of works and the impact of internal factorsinternal factors,, to to

include: include: EOP functions, Presidential Management Styles, EOP functions, Presidential Management Styles, and the role of the and the role of the Staff.Staff.(12). Examine (12). Examine external influencesexternal influences and the impact of and the impact of expectationsexpectations on the Presidency. on the Presidency. (13). Analyze the modern presidency in political context of: (13). Analyze the modern presidency in political context of: permanent crisis, conflicting permanent crisis, conflicting

expectations, expectations, and and time & institutional constraints.time & institutional constraints. (14). Compare the various (14). Compare the various presidential strategiespresidential strategies and assess their effectiveness. and assess their effectiveness.(15). Examine the diverse relationships which the President must effectively maintain.(15). Examine the diverse relationships which the President must effectively maintain.(16). Assess the future strengths and limits of Presidential power and leadership.(16). Assess the future strengths and limits of Presidential power and leadership.

Independence from other branches

Shared powers

Vaguely defined powers

Development of the PresidencyDevelopment of the PresidencyConstitutional Rules:Constitutional Rules:

Three Primary Characteristics:

Legal & Political IndependenceLegal & Political Independence

• Congress & Courts => no major role in selectionCongress & Courts => no major role in selection– Congress only counts Congress only counts electoral collegeelectoral college votes votes

– Only selects if no candidate has clear majorityOnly selects if no candidate has clear majority

• ImpeachmentImpeachment rules=> rules=> politicalpolitical independence independence – Examples: Examples: A.A. Johnson & Clinton’s impeachmentJohnson & Clinton’s impeachment

• Four year term & option for (one) re-electionFour year term & option for (one) re-election– When When FDRFDR bucks precedent => bucks precedent => 22nd Amendment22nd Amendment

President’s Shared PowersPresident’s Shared Powers

• The Constitution both empowers & constrainsThe Constitution both empowers & constrains– Power to appoint Judges & executive officersPower to appoint Judges & executive officers

– Power to make Treaties with other NationsPower to make Treaties with other Nations

• But above powers constrained by But above powers constrained by what shared with what shared with whowho?? Senate’s role?

Powers explicitly identified in the text of the Constitution

Enumerated Powers

Article II of the Constitution Article II of the Constitution President’s President’s Enumerated PowersEnumerated Powers

• Make treaties

• Make appointments

• Veto power

• Commander in Chief

• “Executive Power”

• Power to pardon

• Recommend legislation

• Call Congress to session

• Receive Ambassadors

Enumerated Powers

Powers explicitly identified in the text of the Constitution- To include:

Article IIArticle II of the Constitution of the Constitution

What exactly does “vested with Executive Power” mean?

The Presidency in PracticeThe Presidency in Practice Applying the Rules: Applying the Rules:

• George Washington’s precedentsGeorge Washington’s precedents::– Proposed & lobbied Congress to his pass agendaProposed & lobbied Congress to his pass agenda

– Established principle of Established principle of confidentialityconfidentiality

– Limited Senate’s Limited Senate’s “advice” to “consent”“advice” to “consent” only only

– Denied Congress formal role in Denied Congress formal role in DiplomacyDiplomacy

– Established President as leader of Established President as leader of executive branchexecutive branch

– Two Term limitTwo Term limit informally established informally established (impact?)(impact?)

• Jefferson’s precedents:Jefferson’s precedents:– Established President as Established President as “Leader of the Party”“Leader of the Party”

The Presidency in Practice (2The Presidency in Practice (2))

• Andrew Jackson’s precedents:Andrew Jackson’s precedents:– ““voice of the people” voice of the people” (national constituency) (national constituency)

– Justification for President’sJustification for President’s leadership role leadership role

• Lincoln’s precedents:Lincoln’s precedents:– Whatever it takes to protect Union=> peak of PowerWhatever it takes to protect Union=> peak of Power

• Usurped powers of Congress (appropriate $$$ & declare War)Usurped powers of Congress (appropriate $$$ & declare War)

• Ignored Constitutional limits (later rebuffed by the Court)Ignored Constitutional limits (later rebuffed by the Court)

• Historical Ebb & flow of Presidential power:Historical Ebb & flow of Presidential power:– 40 years following Lincoln (Congress took the lead)40 years following Lincoln (Congress took the lead)

• ExceptionsExceptions: : TR & WWTR & WW=> revive growth of presidential powers => revive growth of presidential powers

• TR: TR: progressive domestic & aggressive FP actionsprogressive domestic & aggressive FP actions (Caribbean) (Caribbean)

• WW: WW: World War I &World War I & “State of Nation” (personal address Congress) “State of Nation” (personal address Congress)

Implied Powers

Governmental powers not enumerated in the Constitution; authority the

government is assumed to have in order to carry out its enumerated powers

Vague Definition of President’s power & authority

Article IIArticle II of the Constitution of the Constitution

Impact on powers of the Presidency?

The powers of the presidency have expanded over the last two hundred years.

Impact?

Advent of the “Modern” PresidencyAdvent of the “Modern” Presidency

• Who is most identified with the start of the Who is most identified with the start of the “modern” Presidency?“modern” Presidency?

• Impact ofImpact of FDRFDR:: – Preeminent source of national leadership (why?)Preeminent source of national leadership (why?)

– Role of Role of FDRFDR during during Great DepressionGreat Depression & & WWIIWWII

– Effect on all of Effect on all of FDRFDR’s ’s successors ever since? successors ever since?

• Key precedent: Key precedent: The First 100 DaysThe First 100 Days

• Institutional Leadership:Institutional Leadership: – What are the various roles played by Presidents?What are the various roles played by Presidents?

Institutionalized LeadershipKey Presidential Roles:

•Chief of State

•Chief Legislator

•Chief Executive

•Nation’s Opinion Leader

•Chief Diplomat

•Commander-in-Chief

The Modern PresidentThe Modern President

PartyNomination

GeneralElection

ElectoralCollege

Selecting a PresidentSelecting a PresidentThe Three Stages of selecting a President?

Historical Overview: Historical Overview: TheThe Nomination ProcessNomination Process

• Exception to the rule: Exception to the rule: George WashingtonGeorge Washington– De facto De facto head of government duringhead of government during Revolutionary war Revolutionary war– Obvious choice to all as most trusted American leaderObvious choice to all as most trusted American leader

• Congressional CaucusesCongressional Caucuses (1800-1824) (1800-1824)– Role of Congress=> select party’s nominee=> Role of Congress=> select party’s nominee=> “King Caucus”“King Caucus”

• Party ConventionsParty Conventions (1832-1968) (1832-1968)– Originally instituted to dump Jackson’s Originally instituted to dump Jackson’s VP- CalhounVP- Calhoun – WhigsWhigs established party convention (Clay) vs. established party convention (Clay) vs. “King Andrew”“King Andrew”

• Role & power of state party leaders (Figure 12-1)*Role & power of state party leaders (Figure 12-1)*– Loyal party delegates appointed Loyal party delegates appointed

• (Delegate selection tightly controlled by party leaders)(Delegate selection tightly controlled by party leaders)

– Result: Candidates must make deals & promises (w/Party Result: Candidates must make deals & promises (w/Party leaders)leaders)

Rank and FileParty Members

attend

Local PartyConvention;

Selects delegates

District PartyConvention;

Selects delegates

District PartyConvention;

Selects delegates

State Party

Convention Selects delegates

National PartyConvention;

Selects nominee

Party Convention Party Convention Nomination SystemNomination System

Direct PrimaryDirect Primary

• Role of Role of Progressive movementProgressive movement (1912-1924)(1912-1924)– Progressive’s objective: (power of voters over power of Party)Progressive’s objective: (power of voters over power of Party)– Following initial surge => most States revert to ConventionsFollowing initial surge => most States revert to Conventions

• Role of Primary system (1928-1968)Role of Primary system (1928-1968) – Lesser known candidates use Lesser known candidates use PrimariesPrimaries to get visibility to get visibility– Voter support=> Voter support=> demonstrate candidate’s viability to party leadersdemonstrate candidate’s viability to party leaders

• Therefore worthy of serious consideration at Party ConventionTherefore worthy of serious consideration at Party Convention

• Impact of Impact of 1968 Democratic Convention1968 Democratic Convention (Figure 12-2): (Figure 12-2):**– Chaos reigns => Young vs. old democrats split=> lose electionChaos reigns => Young vs. old democrats split=> lose election– Result: Result: Democratic Party Democratic Party makesmakes major rule changes => impact: major rule changes => impact:

• Increased participation of minorities & women (rep. rank & file profiles)Increased participation of minorities & women (rep. rank & file profiles)• Delegates now allotted in proportion to actual rank & file votes receivedDelegates now allotted in proportion to actual rank & file votes received

Percentages of Delegates Chosen by Primaries, 1912-2004

Impact of post-1968 Primaries on Impact of post-1968 Primaries on the nature of Presidential nomination the nature of Presidential nomination

• Importance of early nominating events risesImportance of early nominating events rises

• ““Going early” => incentive for candidatesGoing early” => incentive for candidates

• Prompted states to hold primary races earlierPrompted states to hold primary races earlier– Also known as?*Also known as?*

FrontloadingFrontloading

• Impact: • Increased importance of candidate raising early campaign $$$• Weakened influence of state party organizations in process• Nominee Selection shift: From Congress=> Party=> Rank & File

•The decision The decision statesstates make to make to movemove their their primariesprimaries and caucuses and caucuses to earlier datesto earlier dates to to increase their impactincrease their impact on nomination process on nomination process

The General ElectionThe General Election

• Two major changesTwo major changes shifting focus of election? shifting focus of election?– From Party’s influence to role of NomineeFrom Party’s influence to role of Nominee

• Emergence of TV & Radio & Emergence of TV & Radio & FECAFECA laws laws

• How has TV & Radio affected election How has TV & Radio affected election campaigns?*campaigns?*

• 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*

The Influence of Radio & TelevisionThe Influence of Radio & Television

Four major effects:

General Election Campaign CostsGeneral Election Campaign Costs1900-19961900-1996 2000

2004

• 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

Important Changes in Campaign FinanceImportant Changes in Campaign Finance

Earlier attempts to reign in campaign costs:

Campaign Finance LawsCampaign Finance Laws (The details & changes over time)(The details & changes over time)

• FECA of 1971FECA of 1971 – First attempt at election reform => First attempt at election reform =>

• Unintended consequences: Unintended consequences: loopholes & loopholes & rise of rise of PACPACss

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

Campaign Finance Laws- Details (2)Campaign Finance Laws- Details (2)• 1974 Amendments to 1974 Amendments to FECAFECA

– voluntary public financing of campaigns (on IRS returns)voluntary public financing of campaigns (on IRS returns)

– Mandatory individual/PAC limits: Mandatory individual/PAC limits: $1000/5000$1000/5000

– Public campaign financing available if certain provisions metPublic campaign financing available if certain provisions met• Overwhelmingly favors two main partiesOverwhelmingly favors two main parties

– Limits on candidates own spending if Public $$$ acceptedLimits on candidates own spending if Public $$$ accepted

• Buckley v. Valeo*Buckley v. Valeo* (1976) (1976) => undermined above reforms=> undermined above reforms– Court ruling on Court ruling on independent expendituresindependent expenditures

• 1st Amendment1st Amendment free speech protectedfree speech protected– (if (if no contactno contact made with candidate) made with candidate)

– (Separate independent & uncoordinated advocacy ads OK)(Separate independent & uncoordinated advocacy ads OK)

– No Government limitation on candidates’ own expenditureNo Government limitation on candidates’ own expenditure• If no public $$ used (Bush W. during 2000 nomination campaign)If no public $$ used (Bush W. during 2000 nomination campaign)

The Court Ruled:

The government can limit

contributions

Independent Expenditures

(which are funds raised and spent without contact with the

supported candidate)

Buckley v. ValeoBuckley v. Valeo

BUT(government cannot limit?)

Campaign Finance Laws (3)Campaign Finance Laws (3)• 1979 1979 FECA FECA AmendmentsAmendments=>=>

– Result:Result: soft moneysoft money increasesincreases

– Unlimited contributions to party OK Unlimited contributions to party OK • Considered legalConsidered legal as long as no coordination with candidate maintained as long as no coordination with candidate maintained

– Result=> more $$$ contributed to partyResult=> more $$$ contributed to party• Role of Role of political partiespolitical parties & influence rises dramatically & influence rises dramatically

• BCRABCRA aka:aka: McCain-FeingoldMcCain-Feingold– Latest Changes: Latest Changes: attemptattempt to severely limit to severely limit soft moneysoft money

– Increased Increased individualindividual contributions to contributions to $2000$2000/candidate/election/candidate/election

– (Under constitutional challenge in the Courts by opponents) (Under constitutional challenge in the Courts by opponents)

• Result of all of aboveResult of all of above: : – Candidate Centered CampaignsCandidate Centered Campaigns now dominate (vice Party)now dominate (vice Party)

– Candidates now in control of their own campaignsCandidates now in control of their own campaigns

Key QuestionsKey Questions: : Who Elects the President?Who Elects the President?

• Popular vote vs. Popular vote vs. ElectoralElectoral vote- vote- who actually elects?*who actually elects?*– How are number of How are number of electorselectors per state decided? per state decided?

– How many votes needed to win? (margin of victory)How many votes needed to win? (margin of victory)

– Which states have most electors? Which states have most electors? (Fig. 12-5)*(Fig. 12-5)*

• 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.

The The Electoral CollegeElectoral College

Electoral College (2) – Electoral College (2) – The The Unit RuleUnit Rule• Role of Role of unit ruleunit rule => impact on candidates’ => impact on candidates’

campaigns?campaigns?– Impact of Impact of ““winner take allwinner take all” ” (of state’s (of state’s electoral Voteselectoral Votes))– Attention therefore devoted to most populous & Attention therefore devoted to most populous &

winnablewinnable states states– Popular vote & electoral votePopular vote & electoral vote can be very different can be very different

• Potential impact of 3rd party candidates on electionPotential impact of 3rd party candidates on election– Needed to win election? => Needed to win election? => – 270 out of 538 270 out of 538 electoral Voteselectoral Votes– If no majority of electoral votes– who decides election? If no majority of electoral votes– who decides election?

• Constitution’sConstitution’s guidance & role of guidance & role of House & Senate?House & Senate?

Selection Process & Its Consequences for Selection Process & Its Consequences for GoverningGoverning

• Should presidents be elected by direct popular Should presidents be elected by direct popular vote?vote?– Potential impact on system if approved?Potential impact on system if approved?– Impact and potential for unanticipated consequencesImpact and potential for unanticipated consequences

• Urban/coastal population concentrations vs. rural states (West Urban/coastal population concentrations vs. rural states (West & Midwest)& Midwest)

• Impact on states with lower populations?Impact on states with lower populations?

• Impact of changes in Impact of changes in presidential selection processpresidential selection process in the way Presidents now governin the way Presidents now govern::– More personalized presidenciesMore personalized presidencies– Weakened political partiesWeakened political parties– More More spit ticketspit ticket voting voting

TheConstitution

StatutoryLaws

PresidentialPrecedent

Sources of Presidential Powers:Sources of Presidential Powers:

Presidency as an InstitutionPresidency as an Institution

TheConstitution

(Article II)

VetoPower

TreatyPower

AppointmentPower

Powers of the PresidencyPowers of the Presidency

StatutoryLaws

Reprogramming Power

Recommend Measures as

required

Specific example?

Central Legislative ClearanceCentral 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.

Budget & Accounting Act of 1921Budget & Accounting Act of 1921

Presidential statutory power granted by Congress:

PresidentialPrecedent

“So strong is the influence of custom that it seems almost to amend the Constitution.”

William Howard Taft

Custom & PrecedentCustom & Precedent

Two Key Factors: President’s actions if left unchallenged (Dismissal power) Vague wording => dynamic & flexible reading of powers

Model

Restricted

Presidents only allowed to exercise powers granted by Constitution or Statutory laws

William Howard Taft

Model

Prerogative When nation is at stake, President may take any action necessary, regardless of legality

Abraham Lincoln

Model

Steward

President, representing the entire nation, must act as a steward

Theodore Roosevelt

Models of Presidential PowerModels of Presidential Power

Three different approaches to Presidential Power:

Model followed today?

Organizational Structure of the Organizational Structure of the PresidencyPresidency

• Presidency has grown in size and complexityPresidency has grown in size and complexity– (especially since 1932)(especially since 1932)

• Historical DevelopmentHistorical Development– Washington’Washington’s nephew (& “personal secretary”)s nephew (& “personal secretary”)

– Jackson’Jackson’s “s “Kitchen Cabinet”Kitchen Cabinet”

– FDR’s FDR’s Executive Office of the President (EOP)Executive Office of the President (EOP)• New DealNew Deal programs &programs & WWIIWWII

• Agencies needed to perform key functions for presidentAgencies needed to perform key functions for president

• Examine overview of Examine overview of Executive BranchExecutive Branch & & EOPEOP

Executive BranchExecutive Branch* = EOP

Executive Office of the President (EOP)Executive Office of the President (EOP)

What are the four most important offices of the EOP?

White HouseOffice

Office ofManagement &

Budget(OMB)

The NationalSecurityCouncil(NSC)

OfficeOf the

Vice President

Key Offices of EOPKey Offices of EOP

*

White House OfficeWhite House OfficeAKA: The West WingAKA: The West Wing

The West WingThe West Wing

Old ExecutiveOffice Building

(Staffs)

www.whitehous.gov/governmentwww.whitehous.gov/government

Workings of the PresidencyWorkings of the PresidencyInternal vs. External FactorsInternal vs. External Factors • Internal FactorsInternal Factors::

• Functions of Functions of EOPEOP Agencies Agencies– Advise & support president on public policyAdvise & support president on public policy

– Liaison w/Liaison w/Congress & key Interest GroupsCongress & key Interest Groups

• White House Office:White House Office:– Office of Public LiaisonOffice of Public Liaison

– Office of Strategic Planning & CommunicationOffice of Strategic Planning & Communication

– Key aides=> advance prospects for re-electionKey aides=> advance prospects for re-election

Internal FactorsInternal Factors (2) (2)Presidential Management StylesPresidential Management Styles

Advantages & disadvantages?Party associations with which Model & why?

Role of the Staff: Neutral competence vs. loyal advocates Pros vs. cons?

External InfluencesExternal Influences

• Expectations of othersExpectations of others

• Institutionalized expectations of:Institutionalized expectations of:– Congress, news media, & PublicCongress, news media, & Public

– Expect President to set Nation’s political agenda (Expect President to set Nation’s political agenda (FDRFDR))

– State of the UnionState of the Union address – presented before Congress address – presented before Congress

• ImpactImpact: Constraints & political accountability : Constraints & political accountability – Reduce opportunities for Reduce opportunities for abuse of powerabuse of power

Assessing the Presidency as an Assessing the Presidency as an Institution (Summary)Institution (Summary)

• More power acquired over timeMore power acquired over time ( (implied powersimplied powers))

• Modern organizationModern organization=> larger & more complex=> larger & more complex

• Workings of office=> Workings of office=> powerful & personalizedpowerful & personalized

• But also: But also: Constraints on the president’s powerConstraints on the president’s power::– Constitution, Statutory law, Courts, & informal rulesConstitution, Statutory law, Courts, & informal rules

– Expectations: Public, Congress, media, IG, BureausExpectations: Public, Congress, media, IG, Bureaus

Presidency in American PoliticsPresidency in American PoliticsThe The Political ContextPolitical Context: : Permanent CrisisPermanent Crisis

• Conflicting Expectations of Presidential LeadershipConflicting Expectations of Presidential Leadership– Expectation: Expectation: Initiative & ResponsivenessInitiative & Responsiveness– Bold & timely leadership & initiative to solve problemsBold & timely leadership & initiative to solve problems– ProblemProblem: Public & Congress may or : Public & Congress may or may not follow leadmay not follow lead

• (Example: President Bush’s proposed Social Security Reform)

• Time ConstraintsTime Constraints=> permanent crisis=> permanent crisis– Insistent demands & limited time to respondInsistent demands & limited time to respond – Ever shrinking Ever shrinking Honeymoon Honeymoon periodperiod

• Strike while the iron is hot – president’s agenda Strike while the iron is hot – president’s agenda

– First First One Hundred DaysOne Hundred Days (FDR’s legacy) (FDR’s legacy)– Midterm ElectionsMidterm Elections=> diminishing cooperation=> diminishing cooperation– Lame duckLame duck ending – defending past achievementsending – defending past achievements

Permanent CrisisPermanent Crisis (2) (2)

• Institutional ConstraintsInstitutional Constraints??

• Constitutional rules=> shared powersConstitutional rules=> shared powers– Executive vs. Congress vs. The Judiciary Executive vs. Congress vs. The Judiciary

• Must gain cooperation & persuade others=>Must gain cooperation & persuade others=>– Congress, Bureaucrats, & interest groupsCongress, Bureaucrats, & interest groups

• National orientation & perspective: National orientation & perspective: – President’s national perspective vs. President’s national perspective vs.

– Congress’s focus on State or districtCongress’s focus on State or district interests interests

– Broader vs. narrow scope = different prioritiesBroader vs. narrow scope = different priorities

Presidential Strategies Presidential Strategies

• Bargaining StrategyBargaining Strategy (horse trading vs. veto threat)(horse trading vs. veto threat)– Nothing succeeds like success (it pays to be a winner)Nothing succeeds like success (it pays to be a winner)

– Advantage of being popular with the peopleAdvantage of being popular with the people• Impact on Congressional cooperationImpact on Congressional cooperation

• Going Public StrategyGoing Public Strategy (Figure 12-7)(Figure 12-7)**– Mobilize public supportMobilize public support

– Direct appeals to public => over the heads of the mediaDirect appeals to public => over the heads of the media

• Usually Presidents use combination of both (above) Usually Presidents use combination of both (above)

Presidential Public Activities 1929-1996Presidential Public Activities 1929-1996

Presidential Relationships Presidential Relationships

• Presidents and Congress:Presidents and Congress:– President’s power to set Congressional agenda – President’s power to set Congressional agenda – But=>But=>

– Congress likely to vote w/own party & not w/other sideCongress likely to vote w/own party & not w/other side

– President of majority party controls President of majority party controls legislative processlegislative process

• Major constraint: Major constraint: divided governmentdivided government=>=>– Congress less likely to pass president’s agendaCongress less likely to pass president’s agenda

– President must spend time opposing opposition’s President must spend time opposing opposition’s majority Party’s agendamajority Party’s agenda

Presidents and the PublicPresidents and the Public• Must develop good relations w/public & keep itMust develop good relations w/public & keep it

– Modern Modern mass communicationsmass communications=> direct appeals=> direct appeals– Regular access available to public (radio & TV)Regular access available to public (radio & TV)

• Positive Positive imageimage & support & support essential essential– Public opinion polls (Clinton)Public opinion polls (Clinton)– Speech writers & media consultantsSpeech writers & media consultants

• Reality of declining popularity over time Reality of declining popularity over time (Fig 12-8)(Fig 12-8)– Beginnings: exaggerated public support- then=>Beginnings: exaggerated public support- then=>– Decline soon follows => Decline soon follows => – Expectations gapExpectations gap=> unrealistic expectations=> unrealistic expectations– Unfulfilled campaign promisesUnfulfilled campaign promises– Very short Very short honeymoonhoneymoon results soon after results soon after

• AxiomAxiom: Greater the popularity=> Perception of power: Greater the popularity=> Perception of power– ResultResult: : greater influencegreater influence on Congress=> on Congress=> pass President’s agendapass President’s agenda

PresidentsPresidents and the and the Federal BureaucracyFederal Bureaucracy

• Cannot command obedience of Federal agencies=>Cannot command obedience of Federal agencies=>– Must bargainMust bargain & persuade to comply w/agenda & persuade to comply w/agenda

• Presidential resourcesPresidential resources to pressure bureaucracy behavior to pressure bureaucracy behavior– Appointment power- heads of agenciesAppointment power- heads of agencies– Budget making power- cut or increase $$$Budget making power- cut or increase $$$– Authority to reorganize structure & dutiesAuthority to reorganize structure & duties– Executive orderExecutive order

• Presidents have power to compel compliance w/wishesPresidents have power to compel compliance w/wishes– If willing to spend the time to follow upIf willing to spend the time to follow up– Time presidents simply don’t haveTime presidents simply don’t have– Must move on to more pressing issuesMust move on to more pressing issues– Agencies & departments know this factAgencies & departments know this fact– Feather pillow analogyFeather pillow analogy of FDR with of FDR with The “The “NaaavyNaaavy” ” (WWI)(WWI)

Next Assignment- Weeks 10b & 11a & 11bNext Assignment- Weeks 10b & 11a & 11b

• Chapter 13: Chapter 13: The Bureaucracy The Bureaucracy (next Wednesday)(next Wednesday)– (Class 10b)(Class 10b)

• Chapter 14: Chapter 14: The Courts The Courts (Next Monday- class 11a)(Next Monday- class 11a)– Read Read Constitution (Article III)Constitution (Article III)

• Review Part III Review Part III Key TermsKey Terms for Quiz – class 11b)for Quiz – class 11b)

• Test II on Part III Test II on Part III Key TermsKey Terms – (Chapters 11-14) – (Chapters 11-14)– (Following(Following Monday- Class 12a-Monday- Class 12a- see syllabus schedule) see syllabus schedule)

KEY TERMS-KEY TERMS- The PresidencyThe Presidency • Bargaining strategyBargaining strategy:: Direct negotiations the White House conducts with other political Direct negotiations the White House conducts with other political

actors, such as members of Congress and leaders of interest groups, that attempt to reach actors, such as members of Congress and leaders of interest groups, that attempt to reach mutually beneficial agreements.mutually beneficial agreements.

• CaucusCaucus:: A closed meeting of members of a political party to discuss matters of public 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.policy and political strategy, and in some cases, to select candidates for office.• Central legislative clearanceCentral legislative clearance:: The power the Budget and Accounting Act of 1921 The power the Budget and Accounting Act of 1921

granted to the president to create a package of legislative proposals and budgets for granted to the president to create a package of legislative proposals and budgets for congressional consideration.congressional consideration.

• Divided governmentDivided government:: When the president is of one party and the other party has a When the president is of one party and the other party has a majority in at least one house of Congress.majority in at least one house of Congress.

• Electoral collegeElectoral college:: The body of electors, whose composition is determined by the results 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 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.electoral college, candidates must secure a majority of the electoral vote.

• Enumerated powersEnumerated powers:: Powers explicitly identified in the text of the Constitution. Powers explicitly identified in the text of the Constitution.• Executive orderExecutive order:: A presidential directive to an agency of the federal government that A presidential directive to an agency of the federal government that

tells the agency to take some specified action.tells the agency to take some specified action.• FrontloadingFrontloading:: The decision states make to move their primaries and caucuses to earlier The decision states make to move their primaries and caucuses to earlier

dates to increase their impact on the nomination process.dates to increase their impact on the nomination process.• Going public strategyGoing public strategy:: Direct presidential appeals to the public for support. Presidents Direct presidential appeals to the public for support. Presidents

use public support to pressure other political actors to accept their policies.use public support to pressure other political actors to accept their policies.

KEY TERMS KEY TERMS (2)-(2)- The PresidencyThe Presidency• ImpeachmentImpeachment:: Formally charging a government official with having committed Formally charging a government official with having committed

“Treason, Bribery, or other High Crimes and Misdemeanors.” Officials convicted of “Treason, Bribery, or other High Crimes and Misdemeanors.” Officials convicted of such charges are removed from office.such charges are removed from office.

• Implied powersImplied powers:: Governmental powers not enumerated in the Constitution; authority Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers.the government is assumed to have in order to carry out its enumerated powers.

• Independent expendituresIndependent expenditures:: Funds raised and spent without contact with the supported Funds raised and spent without contact with the supported candidate.candidate.

• Midterm electionsMidterm elections:: The congressional elections that take place midway through a The congressional elections that take place midway through a president’s four-year term.president’s four-year term.

• Neutral competenceNeutral competence:: The belief that staff members (usually career civil servants) The belief that staff members (usually career civil servants) should be able to work competently for any president, regardless of partisan affiliation should be able to work competently for any president, regardless of partisan affiliation or policy preferences and without advocating the policies of individual presidents.or policy preferences and without advocating the policies of individual presidents.

• One Hundred DaysOne Hundred Days:: A benchmark period for assessing a new president’s performance A benchmark period for assessing a new president’s performance based on the first three months of Franklin Roosevelt’s presidency, when he gained 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.passage of over a dozen major bills as part of his New Deal agenda.

• Pocket vetoPocket veto:: The power of the president to veto a bill passed during the last ten days of 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.a session of Congress simply by failing to sign it.

• Progressive movementProgressive movement:: An early twentieth-century political movement that sought to An early twentieth-century political movement that sought to advance the public interest by reducing the power of political parties in the selection of advance the public interest by reducing the power of political parties in the selection of candidates and the administration of government.candidates and the administration of government.

• Soft moneySoft money:: Expenditures political parties make during an election for any activity that Expenditures political parties make during an election for any activity that serves the purpose of increasing voter turnout.serves the purpose of increasing voter turnout.

• Unit ruleUnit rule:: A winner-take-all system which requires that the candidate with the most A winner-take-all system which requires that the candidate with the most popular votes receives all of that state’s electoral votes.popular votes receives all of that state’s electoral votes.