INSTITUTIONSEXECUTIVE BRANCH LECTURE GUIDE

Presidential Powers as Defined in the Constitution

Has not changed or been re-defined within Article II

22nd amendment limits terms is the only formal change

PRECEDENT has defined scope and extent Art II-- short and vague Vesting clause: Executive power shall be

vested… Commander in chief Affirmative grants include : treaties, appt. of

judges and executive officers, veto and pardon Responsibilities/Duties: faithful execution, state

of union and recommend laws

Checks: impeachment, 25th in case the president is incapacitated-- VP fills vacancy-- and 2 terms

How has power been interpreted over time?

FF Intent: President as a single unitary voice speaking for the people-- one voice best to rest of the world vs. Congress as a majoritarian institution -- difficult to act in times of crisis

Is the vesting clause a description that grants title (passive)

Or a grant of power (active)?

GWB actions: US citizens held at GITMO as enemy combatants -- Padilla, until released

Perogative power in extraordinary times:-- "Lincoln's letter-- the constitution is not a suicide pact, if the nation is at stake, the president must act“

FDR--1942 asks congress for revision of Milk Price supports-- gave Congress 30 days to act before he exercised prerogative

What are the boundaries of the President’s implied powers?

Jackson 1st to veto on policy grounds rather than constitutional grounds

Implicit is Pres. power to protect citizens PRESIDENTIAL POWER TO ACT IS

DEPENDENT UPON RELATIONSHIP W/ CONGRESS ON SPECIFIC ISSUES Strongest when power is given by

Congress -- Invasion of Afghanistan Less strong when Congress is silent on

the issue Weakest when Pres is acting on Const

authority, but in opposition to congress

How is our President different from Euro Prime Ministers? Presidents are often outsiders-- appeal

to voters as outside of the mess in DC- Clinton, Carter, IKE

Cabinet members from Outside of Congress--close friends, aides, reps of important constituencies

No majority in legislature--divided government often the case-- complicated by checks and balances (ex leak investigation-- Only successful Presidential leaders-- LBJ, FDR

16/24 Elections 1952-2000-- divided-- bickering, policy paralysis, gridlock

How does divided government impact policy making? Research :divided government about as effective

as unified ones on laws, investigations, and treaties

Reason: no such thing as unified government --divisions within parties, built in conflict between Pres/Cong written in Constitution (ex. Foreign policy)

Unified government only occurs when the same ideological wing controls both branches of gov--

American voters in fact support gridlock --1/4 of voters in elections vote opposite parties in elections-

Characteristics of rep democracy rather than direct democracy

Delays, compromises, requires coalitions,--

Back to Intent of Founders "Make him too weak, the legislature will usurp his

powers, make him too strong, he will usurp the legislature" Morris

Electoral College– Indirect Election --Each state decides selection process for electors

No majority sends vote to H of Reps-- each state gets one vote–HEIGHTENS IMPACT OF STATES ON NATIONAL POLITICS

Gives small states a minimum of 3 votes and large states impact of pop…

2 term tradition-- made constitutional by 22nd amendment--orderly transfer of authority essential

Evolution @ Pres Power

Jackson-- the tribune of the people-- vetoes based upon policy-- used popular support to best advantage to oppose strong sectional interests in Congress

Congressional Dominance (no-name Presidents, Polk, Cleveland, Harrison, Taylor)-- Country closely divided

Lincoln-- received less than 40 % of popular vote-- used inherent or implied powers--under faithful execution clause-- army, $$$ blockade ports, suspend writ/issue Emancipation Proclamation all without congressional approval

Congressional Dominance--after Lincoln until T Roosevelt and W. Wilson and FDR--Pres was a negative force--little more than veto bills-- no initiative or leadership

Modern Presidential Power

Only crisis or extraordinary personality made presidential power equal to the Congress

CONGRESS PROPOSES-- PRESIDENT DISPOSES-- RELATIONS BETWEEN THE TWO INVOLVE BARGAINING AND STRUGGLE FOR CONTROL

PERCEPTION TODAY OF PRESIDENTIAL POWER-- Expanded due to:

Role as CHIEF DIPLOMAT-- treaties, and trade agreements -- global economy

Role as COMMANDER IN CHIEF--- national security/military control

AS COMMANDER IN CHIEF--

NOT JUST MANAGEMENT OF THE MILITARY, BUT THE ECONOMY AND FOREIGN AFFAIRS AS WELL

Implications of Nuclear Weapons Control Executive orders to break labor strikes or send

troops to enforce integration-- Power greatest when in Congress approves of

policy Power significant when acting w/ approval of

the Senate (treaties, appts) Power weakest when in opposition to Congress GREATEST SOURCE OF PRESIDENTIAL POWER

IS IN POLITICS AND PUBLIC OPINION---- PUBLIC BELIEVES PRESIDENCY IS 1ST BRANCH OF GOVT

As Chief Administrator

Rule of propinquity: decisions get made by the people in the room

Leadership styles -- pyramid, circular or ad hoc

Advantages and disadvantages-- Pyramid: Order vs isolation Circular: too much information--

confusion/conflict among staff ADHOC-- innovation and efficiency--

but risks cutting pres off from govt officials who must implement policies

Exec Branch Org

Executive Office of the President: confirmed by Senate to include:

OMB, CIA, CEA, OPM

OMB analyzes and holds accountable-- recently-- suggests policy rather than just analyzing it

Cabinet

Defense, VA, Treasury, Justice, AG, Transportation, Interior, HHS, Commerce, State, HUD, Labor, Energy, ED

Pres struggles w/ Congress for control of bureaucracy-- Heads most time spent dealing directly w/ departmental business-- becomes the representative of the dept to the Pres-- not the other way around.

Exec Agencies v. Independent Agencies

EXECUTIVE AGENCIES SERVE AT THE PLEASURE OF THE PRESIDENT-- ex. NASA (may be removed any time)

INDEPENDENT AGENCIES SERVE FOR FIXED TERMS-- CONFIRMED BY THE SENATE AND MAY BE REMOVED ONLY FOR CAUSE-- (ex. Fed Reserve Board 14 year terms)

The Appointment Process

Pres may get around an unpopular appointment using loophole:-- Appointees may serve 120 days w/o confirmation And stay in office until the Senate acts.

Sources of Executive Appointments: Recent appts suggest Admin. experience or expertise in field-- because of the weakness of political parties and the need for "experts“ fromthink tanks, foundations, business, universities-- people ideologically similar- 85% have prior govt experience--

"in and outers" move between business and govt positions

Features of the appointment process: THE LONG ORDEAL--background checks-- personal,

professional life RAPID TURNOVER--Median service 2.1 years (except

judges) THE SENATE GAME--favors, logrolling, concessions

Presidential Character

History judges presidential effectiveness in terms of accomplishments as well as Character Traits-- Decision making style-- Rapport w/ public and media

Positions as Chief of State and Chief Executive-- he can use national constituency and ceremonial duties to enlarge powers-- first 2 years must work quickly to establish priorities---- next, re-election

Audiences

Must have influence within the beltway: DC---- reputation among colleagues will determine deference and power

Party Activists---- Partisan grassroots-- outside DC-- ideological positions into policy-- (also source of fund raising)

The Public-- Many publics-- different views and interests--every word is scrutinized for detail-- few impromptu remarks -- speeches and press conferences are medium

Influence

Decline of COATTAILS INFLUENCE IN OFF YEAR ELECTIONS-- Congressional elections insulated from presidential ones because of weakening party loyalty and ability of members to build relations with constituents as incumbent

PRES PERSONAL POPULARITY RATINGS MAY HAVE IMPACT ON HOW MUCH OF HIS PROGRAM IS PASSED

Hard to measure "presidential victories"-- factors: Successful on one big bill ? Stand on controversial measures-- usually will stay

neutral May appear successful if a few bills he likes are passed

even though most remain bogged down in congress Popularity ratings are hard to predict Honeymoon period-- right after election-- first 100

days-- election success gives him a mandate to push Congress on policy initiatives

PRESIDENTIAL POPULARITY "DECAYS" IN MIDTERM AND 2ND TERM

Right to Deny

Veto Message-- sent to congress along with the bill within 10 days of passage

Pocket- Veto-- If president does not sign w/in 10 days and Congress adjourned in that time-- the bill will not become law

OF 2500 vetos, only 4% have been over-ridden Line- item veto-- unconstitutional-- for president-- reserve d

for many governors Executive privilege: 2 reasons for claim--confidentiality of

communications within staff and subordinates -- separation of powers implies that one branch of gov does

not have the right to inquire into the internal workings of another branch

Nixon claim-- unsuccessful-- need for production of evidence in a criminal proceeding outweighed need for confidentiality of documents

Clinton claim-- absent need to protect national security-- evidence must be given when subpoenaed

Budget Reform Act of 1974 -- Pres must notify Congress of intent to impound funds within 45 days-- if he refuses to spend money, Congress may pass a resolution that demands release

Presidential Programs

Sources of information: interest gps, aides/campaign advisors, bureaus/agencies, or outside academic or specialists

2 possible development procedures-- have a policy on everything (Clinton) or concentrate on 3 or 4 major initiatives (Reagan)

Use Media to gauge by "leak" or "float a trial balloon" Constraints: Time and attention span (90 hr work weeks) Unexpected crisis Fed programs can only be changed marginally How to look at polls to determine the will of the

majority: Competing interests: Trustee-- what the public good

requires or Delegate-- what your constituency demands

REORGANIZATION ATTEMPTS: Homeland security department-- 3rd largest

department-- Coast Guard, FEMA, INS-- requires congressional approval

25th Amendment--Succession

Vice-President next in line-- only official job is to preside over Senate and vote if there is a tie

Speaker of the House to Pres Pro Tempore of the Senate--

Cabinet members from order of creation

25th Amendment-- Succession--if Pres is unable to discharge duties-- letter to Congress indicates problem and allows VP to serve as Acting President-- or if VP and 2/3 of Cabinet declare Pres is incapicated

Pres Policy Making

Rules of Thumb for dealing w/ Political Problems

Move it or lose it-- Must act early in first term

Avoid details--delegate and focus on 3 or 4 priorities

Use trusted and qualified subordinates to work for you-- Cabinet will not be useful as an operational group