Opening Video

Zach Galifianakis Interviews President Obama

Opener: Writing Prompts

• Discuss which branch of government you believe is the most powerful and why…– Your response should include at least 3 supporting

arguments and examples…

• Why do we cover the media and executive branch together?

The Executive Branch

Would You Want the Job?

Founding Fathers & the Executive

• Fear of Tyranny– Don’t want another King George– But…Needs enough authority to be effective

Requirements

Formal• 35 Years Old• Natural Born US Citizen• Residing in US for 14 years

Informal• Experience (Senator/Gov./

General)• SES/Educated• Male• White• Protestant• Married• Member of Major Party• Charisma• Photogenic• Character

Terms and Succession• 22nd Amendment

– Response to FDR– Limit to 2 terms or 10 years if a

VP assumes a portion of remaining term

• Presidential Succession Act of 1947– Established order of succession– VP; Speaker of House; Pres. Pro

Tem of Senate; Sec. of State; Sec. of Treasury; Sec. of Defense…in order of Cabinet department creation

• 25th Amendment– Determining if President is

incapacitated– Replacing VP: Appointment

requires approval of majority vote of both houses of Congress

The Executive Branch

• General Power: Enforce laws and otherwise administer public policies of the country

• Specific Powers– Commander in Chief– Treaties and appointments (advice/consent of Senate)– State of the Union– Special Session of Congress– Adjourn Congress if 2 Houses can’t agree on a date– Pardon/Reprieves

Roles of the President

Chief of State• Head of the Government• Symbol of the nation• Largely ceremonial

Chief Citizen• Expected to be the

representative of the people

• Work for and represent the public interests

Roles of the President

Chief of Party• Only nationally elected

official…so, guide the party• Public representation for

party• Coattails Effect

– Popular candidate in an election draws votes for other members of the same political party

Chief Executive• Enforce government laws/

laws of the land– Signing Statements– Executive Orders

• Appointment Power• Administers federal

bureaucracy & its 4 million employees

Executive Powers—Executive Order• Executive Order: Directive, rule, or regulation that has the effect

of law…great powers to interpret Congress’ laws and clarify a laws application– Implied Power: Good over multiple administrations

• Examples:– Emancipation Proclamation—Lincoln – Desegregation of the Armed Forces—Truman

• Signing Statements– Declares president’s intent to enforce a law a certain way– Only effective during that administration

• What part of Article II give the president the authority to issue signing statements?• Do signing statements "undermine the rule of law and our constitutional system of

separation of powers?"

Raising the Minimum Wage

• http://thecolbertreport.cc.com/videos/s9iccj/income-inequality-debate

• http://thedailyshow.cc.com/videos/ro5l52/world-of-class-warfare---warren-buffett-vs--wealthy-conservatives

• http://thedailyshow.cc.com/videos/tprkvs/waging-bull• http://thedailyshow.cc.com/videos/ddm404/wage-against-th

e-machine• http://thedailyshow.cc.com/videos/v1lzn2/the-amazing-raise• http://thedailyshow.cc.com/videos/3gmt6f/pay-mas

Emancipation Proclamation

• "That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom…”

Executive Powers—Appointment Power• Appoints…

– Cabinet; Federal Judges; Ambassadors; Consuls; U.S. Attorneys; Director’s of Bureaucratic Agencies

– Significance:• Influence Sup. Ct. for decades; Justices have life terms…

influence policy for decades thru interpretation• Steps to Senate Confirmation

– Nominated by President after vetting process– Senate committee hearings

– Senatorial Courtesy (important)– Senate Debate– Confirmation/Rejection

• All the more reason its crucial for president to have his party in control of Senate…still not safe due to filibuster

http://www.thedailyshow.com/watch/wed-march-6-2013/rand-paul-s-filibuster

Appointment Powers• Recess Appointment

– Senate in recess…President makes a temporary appointment w/o Senate approval

– Expires at end of next Session of Congress or after formal confirmation

• Prompts– What are the pros and cons of the recess appointment? – Why might president’s use this and what Constitutional

principles might this violate, if any?– Should presidents have the right to execute this power?

Roles of the President

Commander in Chief• Head of the Military

– Civilian Control

• Power to deploy troops• Head of national security• What power of Congress is

this most in conflict with? Why?

Chief Diplomat• Head of foreign policy

– Why?

• Negotiates/signs treaties– Who must ratify?

• Executive Agreements– Why is this an important

tool?

• Receive Ambassadors• Recognize foreign nations/

reps.

Military Power• History of President’s sending troops into

hostilities w/o Congressional approval– Grenada, Panama (Noriega Article), Kosovo

• Commander in Chief– Must be able to respond quickly in emergency– Final authority over all military matters

– Deploy troops• Making Undeclared War

– When was the last time the U.S. declared war?– WWII (only 5 times in history)

– Should U.S. pursue policy of drone strikes?– What issues arise? Pros/cons?

Military Power• Congressional Checks

– Congressional Resolution• In place of declaration of war; Joint Resolution has force of law

– War Powers Resolution (1973)• W/in 48 hrs. of committing troops to combat abroad, President

must report to Congress• Combat commitment must end w/in 60-90 days unless Congress

agrees to extension• Congress may end combat commitment at any time with passage

of concurrent resolution– “Power of the Purse”—May withhold funding

• Politically Risky• Congress often been ignored by presidents in

commitment of combat troops– Why is it essential for President to be able to take action

before receiving Congressional approval?

Informal Checks on Military Power

• Public Opinion/Support• Media• Sovereignty of Nations

– Can the U.S. go into another nation, if that nation did not attack the U.S. (Grenada?, Panama? Iraq?)

– Advice of Cabinet & Generals

Diplomatic Powers• Appoints ambassadors (confirmed by Senate)• Negotiate Treaties (ratified by Senate)

– Formal agreement b/n two or more sover. States– Signed by Pres.; Ratified by Senate

• Executive Agreements– Pact b/n President and head of foreign state– Does NOT require Senate approval– Ex. WWII U.S. & G.B.= Destroyers for Bases Deal

• Power of Recognition– President receives ambassadors and other public ministers– President acknowledges legal existence of country (extend

diplomatic recognition of foreign nations)• Truman’s recognition of Israel helped it survive

•Diplomatic Hot Water: NSA and the tapping foreign leaders…

Executive Privilege• Executive Privilege: Allows president to refuse

information to refuse to release info to Congress or a court– Secures confidentiality

• Implied Power– Another example of broad interpretation of executive

power• U.S. v. Nixon—1973

– Court rejected Nixon's claim to "an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances."

Roles of the President• Chief Legislator

– Leg. Role increased over time…• Especially setting agenda…proposing legislation• How does media help with this?

– Veto Power• How can this be used to influence legislation?

– Set priorities and establish agenda• State of the Union• Campaign Platform• Bully Pulpit

– Forced to work as a lobbyist to get proposals passed• Can’t always count on party unity…why?

Wayward Senate Democrats Discussion Prompts.

• 1. Why might some Democrats in Congress have tried to distance themselves from President Obama heading into the 2012 election?

• 2. What problems does the president encounter when there’s divided government? What measures can the opposing side take to stymie the president’s policy agenda?

• 3. What obstacles does the president face in dealing with his own party? How is Mr. Manchin an example? How does this impact the president’s policy agenda and effectiveness?

• 4. What role do constituents play influencing the relationship between Congress and the President? How do elections influence the actions of legislators? Cite evidence from the article.

• 5. Look at the map on page 2 of the article. What are some similarities (focus on demographics) among the states in which President Obama’s approval rating is the lowest?

Legislative Powers• Recommending Legislation

– State of the Union; Budget Speech• Executive Orders• Signing Statements

– Declares president’s intent to enforce a law a certain way• Veto Power

– Even threat of a veto can influence bill Congress tries to pass (often leads to modifications)

– Requires 2/3 of both houses to overturn veto…hard to get– Pocket Veto– Line Item Veto —Ruled Unconstit’l.—Clinton v. NYC

– TODAY, PRESIDENT MUST ACCEPT OR REJECT A BILL IN ITS ENTIRETY

Judicial Powers

• Reprieve: postpone execution of a sentence• Pardon: legal forgiveness for a crime

– Gerald Ford pardoning of Richard Nixon– 10 Most Notorious Presidential Pardons

• Commutation: Reduce length of sentence• Amnesty: blanket pardon to group of violators

– Jimmy Carter—Vietnam Draft Dodgers• Federalism—Jud. Powers apply to federal cases

only

Presidential Power

Domestic Issues• President is more

restricted on domestic issues…why?– More direct conflict with

Congress—Congress responsive to constituents

– People are more aware of the potential impact of policies

Foreign Policy• President has more

latitude…why?– Crisis Management…

Congress too deliberate– Need a single voice for

negotiations abroad– Fewer constituencies

abroad

Offices of the Presidency• The Cabinet (product of custom)

– 15 Executive Departments – Much power implementing policy– Appointments subject to Senate approval– Experts in specific policy area– Why might president have difficulty controlling cabinet?

• Cabinet often has divided loyalties– Advise president but also loyal to the agency they represent…fight for

funding– Interest groups form close ties w/ cabinet departments– Careers of civil servants span multiple presidencies…more loyal to their

departments than president.

Offices of the Presidency• White House Office

– Closest advisors…personally loyal to President (surpassed Cabinet as source of advice…but generalists compared to specialists in Cabinet)

– Provide policy options/analysis– Headed by Chief of Staff —Gatekeeper to the Pres. (manage flow of

people/info to pres.)– Press Secretary…Why is this such an important position?– Pres. can appt./dismiss members w/o Senate approval

• Executive Office– National Security Council (NSC): VP, Sec. of State, Sec. of Treasury, Sec.

of Defense, Nat’l Security Advisor, etc.– Assist/advise president on national security and foreign policy issues

– Council of Economic Advisors (CEA)– Office of Mgmt. & Budget (OMB): Prepares proposed federal budget

and works with Congressional Budget Office (CBO) to finalize budget• Also oversees Congressional Appropriations

Events Leading to Growth of Pres. Power• Constitution: Broad—open to implied powers• Wars/Economic Crisis• Specific

– Lincoln & Civil War – Teddy Roosevelt—Regulation of commerce (Progressive)– FDR—New Deal– Bush (W)—9/11--Patriot Act

• President’s Power Closely Tied w/ Approval Rating…why?

President & Public Opinion• What Factors Impact Approval Ratings?

– Person’s party affiliation, age, education, religion– How a specific event influences public perception of the

President’s leadership ability– Which issues have the greatest influence on P.O.?

• Public Approval Fluctuates during Terms– When is a president most popular?

• Honeymoon Period: Try to get major agenda items pushed through legislative process

– Approval ratings decline as term goes on• Pres. Party typically loses seats in midterm election• How does this impact pres. agenda, goals, strategy?

President & the Media• Bully Pulpit: President’s ability to focus national

attention on issues– If President says it…it’s newsworthy– What other adv. does pres. have over Congress in gaining

media attention?

• Pres. holds a limited # of press conferences– Press Secretary does daily briefings

• Adversarial relationship however…– President relies on media to spread his agenda– Media efforts to maintain some semblance of independence &

integrity

Opening Video• Daily Show Correspondents Analyze the

Relationship of the President & Congress

President & Congress• Mandate:

– People voting for President purportedly b/c they support his agenda thereby adding legitimacy & credibility to his administration

• What’s the president’s most critical weapon in working with Congress?

• Additional Tools?

President & Congress• Sources of Conflict

– Ambiguous language in Constitution (big diff. b/n Article I & Article II)

– Varying terms: President (4); Rep. (2); Sen. (6)– Disunity w/in Party– Different Constituencies– Divided government

• ↑partisanship; ↑gridlock; ↓public trust of govt.• Each branch trying to control legislative agenda• Issues with Appointments?

– Fluctuating public support– Decreasing coattails of the President

President & Congress• Checks and Balances

– Only members of Congress can Introduce legislation to debate on Congress. Floor

– Override Veto (2/3 both Houses—rare)– Senatorial Advice & Consent on Treaties & Appointments– Power of the Purse– Declare War– Congressional Oversight– Impeachment

• House—Formally charge (Impeach)• Senate—Conducts trial and convicts

Avoiding Conflict• How can presidents deal w/ divided govt.

– Bully pulpit/use of media to sway pub. Opinion– Threaten veto– Broker deals w/ Congressional leaders– Build coalitions w/ key interest groups– Executive Agreement; Executive Order– Utilize Recess Appointments

• President make an appointment while Congress in recess, thus Appointee doesn’t have to be confirmed by Senate until the end of next session

• Very controversial exercise

Elections• Steps in Running long/complex election

– Build a base: Gather resources, set up staff, start building public persona, get media attn. etc.

– Develop a Theme/Vague Platform• Build BROAD appeal—due to dealignment

– Win Nomination: Primaries & Convention• http://thecolbertreport.cc.com/videos/tpxhoo/scott-fistler-s--cesar-

chavez--strategy

– Win Election• Try to persuade swing voters• Tweak message…meet specific voting groups…appeal to their core

issues

Vice President--Selection• Selection of Running Mate:

– Typically done at Convention

• Balancing the Ticket– Attributes in selecting a VP Candidate

• Geography• Ideology—don’t have to agree• Experience• Character• Ethnicity/Race…Growing Role? Why?• Gender…Growing Role?• Religion• Public Opinion

Winning the Election

• Two Parts to General Election: Popular election and Electoral College

– Popular Elections: Admin. by States (Tu. After 1st Mon. in Nov.)

– Electoral College: Ultimate Goal• Need a majority of votes to win Elec. College (270)• Founders wanted a filter to popular vote

Electoral College• Each state has same # of electors as member of

Congress– Can potentially change with Census

• Each state chooses how they’ll select electors– Each state has 2 slates: 1 of each party– Electors usually loyal party workers

• Casting votes: Electors expected to cast votes for person who won state (not required… Faithless Elector)– 48 States Winner Take All– Maine & Nebraska Proportional

What If No Candidate Wins A Majority?• House of Representatives chooses from the top 3

electoral vote getters with each EACH STATE DELEGATION HAS ONE VOTE

• 12th Amendment: Changes casting of ballots…technically 1 for Pres.; 1 for VP

• Focus: Big states & Swing states– Little time spent where party can’t win or victory assured

Presidential Models• Hamiltonian:

– Active president; policy initiative; should use implied powers to promote his agenda of nat’l interest

• Madisonian:– Based on checks & balances; traditional model; – Prudent government…utilize concurrent majorities

• Jeffersonian– Utilize strong national party system; party puts forth

and implements program; utilize majority rule