chapter 13 ap government: mrs. papish. separate but equal branches congress-originally to be the...
TRANSCRIPT
Separate but Equal Branches Congress-originally to be the
powerhouse of government Power of purse, commerce, currency,
military and still play a role in military and foreign policy(Declare War, Approve Treaties)~Implied powers
Judicial Powers of President —Article II, Section 2, Clause 1 A reprieve is the postponement of the
execution of a sentence. A pardon is legal forgiveness for a crime. These powers of clemency (mercy or leniency)
may be used only in cases of federal crimes.
Commutation: reduction of sentence
Amnesty-pardon for an entire group of offenders
Over time, Presidents power increases first with Jefferson’s use of the new political party apparatus to influence Congress
Andrew Jackson used public opinion to gain influence with Congress
Lincoln and FDR use national crises to gain influence over Congress.
Congressionally centered gov slowly evolves, by mid 1900’s , into a presidential centered gov
Role of Congress: Mid 1900’s to Present
Reject Reagan’s request for $$-aid to Contras Rejects President’s nominees Even Presidential veto is not a guarantee of influence
over Congress Fewer than ½ of all Presidential initiatives become law In spite of this, Congress and the President, especially
in era of divided government, cooperate.
Sources of Discord
1. Constitution is ambiguous on division 2. Divided Government 3. Public Support 4. Operating Majorities
Power is divided between the branches and then again within the two chambers of Congress
Power is further divided by different parties
Constitution is Ambiguous
Many argue president’s power is ambiguous and limits are only those specific in the Constitution
Other scholars argue the President does not have inherent powers and does not have intended powers(sim. to implied powers but without Constitutional basis)
Nonetheless, the Pres does exercise powers not expressly granted
Competing Constituencies
Constituency for House-members of district
Constituency for Senate-entire state HR & Senate-specific, diverse ethnic as
well as economic interest Constituency for President-all U.S.
citizens
Why does this cause competition or friction?
Competing Calendars
Constitution insures that the Pres and Congress will not share the same terms of office
Different electoral forces at work at different times.
Competing Campaigns
Congress –finance campaign with less/min. assistance from their national party, indep of national platform/party
Campaign-in most cases indep of President
Divided Government
Only JFK, Lyndon Johnson and Carter had unified government but still had trouble winning prized legislation
Need unity for common policy, success and effectiveness of government
Public Support
President held in higher esteem in recent years-Pres. Approval rate is always higher
When President is in decline in polls or for other reasons(Watergate) then the public turns to Congress for leadership
Operating Majorities
Supermajorities needed because Congress/Pres not always supportive of what most Americans want
Filibuster in Senate, Pres veto and Senate treaty approval make super majorities necessary-2/3 majority
The Shifting of Power Between Branches
War Power Appointment Power Executive Privilege Executive Order The Veto Power Budget and Spending Power
War Power
War power of Pres-founders specific in not wanting any chance of abuse of this power
Undeclared War-Korea, Vietnam, Grenada, Panama, the Persian Gulf, Kosovo, Afghanistan
Argument that Pres is best suited to dealing quickly and discreetly with national emergencies
War Power and Congress
War Powers Resolution: Pres can commit troops only1. Declaration of war by Congress2. Specific statutory authorization3. In a national emergency created by an
attack on the United States or its armed forces
a. report to Congress w/in 48 hoursb. if no declaration of war/or joint resolution in
support of Pres. Action troops must return w/in 60 days
Significance of WPR
Congress reasserting itself after decades of Pres expansion of power in this area
Those who believe Pres power should be limited--Argued as giving away power to President
Those who feel Pres should have more military power--Argued as being unconstitutional
Senate only rejected 9 cabinet members and 28 of 145 nominees for Supreme Court
Increasingly a political, partisan process
Detailed background checks, FBI investigations, paperwork for Senate and Office of Government in Ethics—lengthy, tedious procedure
Robert BorkNominated to Supreme Court by Reagan, rejected by Senate
Executive Privilege
The right to keep executive communications confidential, especially if they relate to national security
Precedent set by George Washington, withheld sensitive documents from Congress info on Indian massacre
No Constitutional basis Court said exec priv ok but subject to review
by Congress and courts
Executive Orders
Can be challenged in courts, overturned by subsequent presidents
Accepted, according to Sup Ct unless in conflict w/existing law or Constitution
Office of Homeland Security created by Bush with exec. order
The Veto Power
Fewer than 10% of all regular vetoes have been overridden
2/3 in both houses makes this power a vital bargaining chip for the president in the legislative process
Budget and Spending Powers
Constitution gives Congress appropriation of money
President given charge to implement and administer spending
Budget and Accounting Act (1921)gives Pres mandate to submit a budget-OMB
Impoundment
-change purpose of a spending bill-intended to accommodate emergency spending in emergency such as war
Nixon-claims Dems in Congress spending too much so impounds $
1974-Cong. Budget and Impoundment Act-sets up Congressional Budget Office, now Pres. Must submit for approval any changes in Congress’s spending measures
Building Coalitions
Pres must win support of public opinion to win over Congress
1. Congress is responsive to pub opinion 2. Pub support is crucial to Pres success 3. Pres must ear pub support of
performance but must also take their case to the people. Must do this frequently.
4. Permanent campaign-White House can persuade and mobilize the public-gain upper hand
Examples
State of the Union and other addresses
News conferences Meeting with reporters Reach out to other party members
by supporting their programs in exchange for help
Capitol Hill- pres has congressional aides that campaign for support in Congress
Line Item Veto 1996
Congress votes to allow a President(Clinton) to veto select lines or items of spending on legislation but not the entire bill before signing it.
NY v. Clinton-Supreme Court strikes down as unconstitutional-only formal amendment can change the constitutional law making provision
The President’s Agenda
KEY: Power to persuade differentiates job of president from that of glorified clerk
Presidential Resources for making and influencing policy Political resources-mandate Personal resources Policy making cycle
Political Resources
Pres with: 1. large electoral margin; 2. high approval ratings; and or 3. party majority in Congress;
This is called a mandate -or a perceived level of support for President’s policy initiatives