Chapter 8

The Presidency

Pearson Education, Inc. © 2008

American Government: Continuity and Change9th Edition(to accompany Comprehensive, Alternate, Texas, and Essentials Editions)

O’Connor and Sabato

The Origins and Rules Governing the Office of President of the United States

Royal Governor Earliest example of executive power in the

colonies Appointees of the King “Powers of appointment, military command,

expenditure, and — within limitations — pardon as well as with large powers in connection with the powers of lawmaking”

Disdained and distrusted by colonists After the American Revolution, state

constitutions limited the powers of governors. Those who were directly elected, as in NY, were

given greater powers.

Origins and Rules of the Presidency Under the Articles

No executive branch 18 different men served as president of the

Continental Congress in name only Had no actual authority

Delegates to the Constitutional Convention believed an executive was needed. Difficulty determining how to select the

president Created the Electoral College

Other areas less difficult to resolve

Presidential Qualifications and Terms of Office

Must be a natural-born citizen At least 35 years of age Resident of the U.S. for at least 14 years Serves a four-year term with eligibility for

reelection First president, Washington, sought reelection

once - set tradition/precedent Franklin D. Roosevelt elected four times Twenty-Second Amendment (ratified in 1951)

limits presidents to two four-year terms

Office of Vice President Vice President

Orderly transfer of power if official, immediate stand in for the president required Death or emergency Also made vice president the preceding officer

of the Senate (except in cases of impeachment) Did not want any state short their senator VP could break ties

Impeachment Impeachment

The power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other “civil officers” with “Treason, Bribery, or other high Crimes and Misdemeanors”

First step in the process Check on the president by Congress Only two presidents impeached

Andrew Johnson and Bill Clinton Nixon resigned before he could be impeached.

Rules of Succession Eight presidents have died in office.

William Henry Harrison the first- caught cold at his inauguration in 1841 and died one month later

Abraham Lincoln first president to be assassinated in 1865 1947 Congress passed the Presidential Succession Act

Lists in order those in line after the vice president to succeed the president Speaker of the House of Representatives President pro tempore of the Senate Secretaries of state, treasury, and defense, and other

Cabinet heads in order of the creation of their department Secretary of Homeland Security may get to move to the 8th

position, after the Attorney General, if the law is changed Never used

There has always been a VP

Twenty-Fifth Amendment Adopted 1967 to set

procedures for: filling vacancies in the office of

president and vice president. procedures to deal with the

disability of a president. President may appoint a new

VP, subject to the approval of a simple majority of Congress

Used twice Nixon to replace Agnew with Ford Ford to select new VP

Also contains a section that allows the VP and a majority of the Cabinet (or some other body determined by Congress) to deem a president unable to fulfill his duties

President can also voluntarily relinquish duties 1985, Reagan made G.H.W.

Bush acting president during Reagan’s eight-hour surgery

VP Cheney acting president in 2002 while Pres. Bush underwent a colonoscopy

Constitutional Powers of the President Appointment Power Power to convene Congress Power to make treaties

Executive agreements Formal government agreement entered into by the president that

does not require the advice and consent of the Senate Veto Power

Formal constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing their becoming law without further congressional action

Line-item veto Commander in Chief

War Powers Act 1973 Pardoning Power

Pardon: An executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime

The Development and Expansion of Presidential Power

President’s authority is limited by the formal powers found in Article II of the Constitution Crises may trigger expansions of

presidential power Presidents face limitations as well as

opportunities as the nature of the times may dictate.

Establishing the President’s Authority: The First Presidents

President Washington’s precedents Established the primacy of the national government Held regular meetings with his advisers (establishing

the Cabinet system) Asserted the prominence of the chief executive’s role

in foreign affairs Claimed inherent power of the presidency

Powers that can be derived or inferred from what is formally described in the Constitution

John Adams Emergence of political parties

Thomas Jefferson Role of president in the legislative process

Incremental Expansion of Presidential Powers: 1809-1933 Most presidents from

Madison to Hoover failed to exercise the powers of the presidency in any significant manner

Andrew Jackson was the first president to act as strong national leader. Made extensive use of

veto power Reasserted the

supremacy of the national government (and the presidency) by facing down South Carolina’s nullification of a federal tariff law

Incremental Expansion of Presidential Powers: 1809-1933

Lincoln argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis in order to make sure the laws of the U.S. were faithfully executed Suspended the write of habeas corpus Expanded the size of U.S. army above

Congress’s mandates Ordered a blockade of southern ports (initiating

war without congressional approval) Closed the U.S. mails to treasonable mailings

The Growth of the Modern Presidency Today Congress often is

just too slow to respond to fast-changing events (esp. in foreign affairs).

In the 20th and 21st centuries, the trend has been for presidential decision making to be more important.

Trend began with the four-term presidency of F.D.R. New Deal brought new

bureaucracy F.D.R. personalized the

presidency

The Presidential Establishment Vice President The Cabinet

No basis in the Constitution

Informal institution Major function: advisory

The First Lady Abigail Adams Edith Bolling Gait

Wilson Eleanor Roosevelt Hillary R. Clinton Laura Bush

The Executive Office of the President

EOP Establishment created in 1939 to help

the president oversee the executive branch bureaucracy

Most important members: National Security Council Council of Economic Advisors Office of Management and Budget Office of the Vice President U.S. Trade Representative

The White House Staff

Personal assistants to the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides Chief of Staff

Size increased over time Bill Clinton cut staff by 15% Current White House has 435 staffers

President as Policy Maker

FDR sent a legislative package to Congress and broke tradition. He said, “It is the duty of the President to

propose and it is the privilege of the Congress to dispose.”

Shifted the presidency into a law- and policy-maker role

President’s Role in Proposing and Facilitating Legislation Today the public expects the president to formulate

legislative plans to propose to Congress. Presidents must construct coalitions within

Congress that will work for passage of his legislation. Difficult task, particularly when president presides

over divided government More likely to win on bills central to their announced

agenda Better to initiate early in term (honeymoon) Can use patronage and personal rewards to gain

support Use political party as a support

The Budgetary Process and Legislative Implementation

Congress had primary responsibility for the budget process until 1930 1921- Creation of the Bureau of the Budget 1930 - Bureau of Budget moved to EOP 1970 - Nixon changed its name to Office of

Management and Budget OMB prepares the president’s annual budget

proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Policy Making Through Regulation Executive Order:

A rule or regulation issued by the president that has the effect of law All executive orders must be published in the Federal

Register Truman ordered an end to segregation in the military

via an executive order Affirmative action was institutionalized as national

policy through Executive Order 11246 by L.B. Johnson in 1966

G.W. Bush executive orders Stem cell research Military tribunals 1978 Presidential Records Act

Presidential Leadership Often the difference between great and

mediocre presidents centers on their ability to grasp the importance of leadership style.

Seat of power from which decisions could flow to shape the national destiny

Neustadt - presidential power is the power to persuade

The Power to Persuade Going Public

Mobilizing public opinion by going directly to the public

Going over the heads of Congress to gain support from the people who can then put pressure on their elected officials in Washington

Public’s Perception of Presidential Performance President has the best chances of convincing

Congress to follow his policy lead when his public opinion ratings are high

Presidential popularity, however, follows a cyclical pattern Highest level of approval at the beginning of their

terms Each action the president takes is divisive (some will

approve, others will not) Disapproval tends to have a cumulative effect so in

general approval wanes over time Since Lyndon Johnson’s presidency, only four

presidents have left office with approval ratings of more than 50%