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LongmanPoliticalScienceInteracti
ve
Magleby & LightGovernment by the People
Chapter 12The Presidency
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Presidential Power and Limitations
Congress often hesitates to curtail presidential powers, especially in times of warExample:– In 2002, George W. Bush secretly authorized the NSA to eavesdrop on phone conversations
– When the policy became public, Congress placed legislative limits on the authority
– When concerns arose that these limits exposed the U.S. to a greater terrorism threat, Congress reversed the limits
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Structure and Powers of the Presidency: Separate Powers
The United States is one of the few world powers that
is neither a parliamentary democracy nor a wholly executive-
dominated government
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Structure and Powers of the Presidency: Defining the
Presidency
At the constitutional convention, the Framers debated
whether the president should be elected via a direct election or through an electoral
college
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Running for Office Originally, the vice president was the runner-up in the electoral college vote
The Twelfth Amendment (1804) encouraged two candidates to run together as a presidential ticket
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Presidential Powers:Commander-in-Chief
President is commander-in-chief of the armed forces, but Congress is charged with declaring wars
“Presidential prerogative” versus War Powers Act
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Presidential Powers: Diplomat-in-Chief
Appointing ambassadors
Receiving ambassadors
Treaties
Executive agreements & Congressional-executive agreements
Fast-track trade authority
Meeting with foreign leaders to forge ties and make formal alliances
Foreign policy tools:
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Other Executive Powers
AppointmentVeto and pocket vetoPardon“Take care” power– Article II, Sec. 3: Presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws
– Sometimes used by presidents to claim inherent powers (powers that grow out of the very existence of government)
Inform and convene Congress– State of the Union address
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Presidential Succession
Twenty-fifth Amendment Twenty-second AmendmentImpeachment – Andrew Johnson and Bill Clinton: Charged by House, acquitted by Senate
– Richard Nixon: Resigned while House was drafting charges
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The War Power
Presidents have defended their power to engage American military troops
In 1973, Congress enacted the War Powers Act in order to limit the ability of the president to commit the armed forces of the United States; however, presidents have generally ignored it
In Korea, Vietnam, Grenada, Panama, Iraq (twice), Kosovo, and Afghanistan, the president did not ask Congress for a formal declaration of war
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Executive Privilege
The courts have recognized that presidents have the power to keep secrets; however, some experts argue that executive privilege has no constitutional basis
Richard Nixon and George W. Bush created controversy by invoking executive privilege Boxes of newly released files
from Richard M. Nixon's presidential papers
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Executive Orders
Formal directives that are just as strong as laws and can be challenged in the courts
Used frequently throughout American history
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Budget and Spending Power
Congress appropriates, presidents spendImpoundmentLine-item veto
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The First Presidency
Precedents set by Washington
Presidential title
Two-term limit
White House staff
Department secretaries
President as sole authority in supervising executive branch
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The First Modern Presidency
New Deal program ideas came from his “Brain Trust”
Policy Achievements: FDIC, SEC, Wagner Act, Social Security, minimum wages, maximum working hours, mortgage protections FDR inspects some Civilian Conservation
Corps camps in the Shenandoah Valley
Franklin D. Roosevelt
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The White House Staff
Three models for running the White House staff
Competitive
Hierarchical Collegial
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The Executive Office of the President
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The Cabinet
Advisory council for the president, consisting of the heads of the executive departments, the vice president, and a few other officials selected by the
president
Departments of Defense, Justice, State, and Treasury
The Inner Cabinet
The Cabinet
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The Cabinet
President, vice president, heads of the 15 executive departments, and several others chosen by presidentHas always been loosely designatedTypically does not have as much influence over the president as does the White House staff
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The Vice Presidency
Benjamin Franklin: Vice president should be addressed as, “your Superfluous Excellency”
Beginning in the 1950s, the role of vice president became more important
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Presidents as Morale Builders
The President performs important ceremonial functions, in both good times and times of crisis
At its finest, presidential leadership radiates national self-confidence and helps unlock the possibility for good that exists in the nation
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Presidents as Agenda Setters
National Security Policy
Economic Policy
Social Policy
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Presidents as Persuaders
Instead of persuading lawmakers face-to-face, presidents can use their “bully
pulpit” to sway public opinion
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Congress and the Presidency
Competing constituencies
Competing calendars
Competing campaigns
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Presidential Mandates
A president’s claim of broad public support for the president or a policy issueDepends in part on public approval, which generally falls over timePresidents also benefit from rally points, spikes in public approval following a crisis
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Judging Presidents
History tends to judge wars as the most significant test of a president’s leadershipPresidents also are judged by their ability to promote a distinctive vision of where the nation should goCorruption and inability to deal with economic problems are sure paths to failure
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Presidential Approval Ratings