Revision Lesson; The Constitution

Revision Lesson; The Presidency

The US PresidencyPowers (incl exec orders)Theories of presidential powerImperial vs imperilled presidency

Qualifications for the Office of the PresidencyUnder the US Constitution, a president must be;A natural-born US citizenAt least 35 years oldA US resident for at least 14 years

The formal and informal resources of the presidencyFormal PowersInformal ResourcesVetoExecutive ordersNominationsRecommendationsCommander-in-ChiefHead of State and Head of GovernmentStaff in the executive branchParty tiesMass mediaInternational contractsThe bully pulpit

Roles of the PresidentHead of StateHead of GovernmentChief legislatorChief diplomatCommander-in-chiefParty leaderThese roles are not always clearly stated in the Constitutionso how have they evolved?

Head of StateThe Constitution confers specific powers on the president;He is commander-in-chief of the armed services (but he cannot declare war)He negotiates and signs treaties with other countries (although they need to be ratified by the Senate)He is in charge of diplomatic relations with other countriesHe has the power to issue pardons to anyone convicted of a crimeThese duties are carried out in most countries by the Head of State, so the president carries this title, although this is not specified in the Constitution.

Head of GovernmentThe Constitution also confers the following two powers on the president;He is responsible for appointing people to head government departments, subject to confirmation by the Senate.He can call Congress back into session during a break (recess) at times of national emergency.These duties are carried out in most countries by the head of the government, so the president carries this title, although again this is no specified in the Constitution.

Roles of the PresidentIn addition, as specified in a clause in the Constitution, the president shall from time to time give to Congress information on the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedient.As the State of the Union Address is delivered annually at the end of January, the president takes a leading role in shaping national policy for the year.The president also has the power to veto bills that have been passed by Congress (found in Article 1, Section 7).Otherwise, the Constitution gives the president the broad responsibility of ensuring that the laws of the USA are faithfully executed.

If the president does it, that means its not illegal.- Richard Nixon

Pause for ThoughtExecutive Power

Executive OrdersPresidential MemorandaPresidential ProclamationsNational Security DirectivesImpoundmentSigning statements

EXAMPLESExecutive PowerExampleExecutive Orders13492 (Guantanamo Bay)Presidential MemorandaWar Powers 15.12.11Presidential ProclamationsWright Brothers Day 15.12.11National Security DirectivesNSPD-9: Combating Terrorism 25.10.01ImpoundmentSigning statementsObama Statement on Signing American Recovery and Reinvestment Act 2009

Pause for ThoughtExecutive Orders

A directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority.Informal in historyProcess todayPublished in Federal Register, numberedLegal Authority

Pause for ThoughtPresidential Memoranda

Pronouncement directed to executive branch officialsNo publication in Federal RegisterBelow the radar of MCs and media

Pause for ThoughtPresidential Proclamations

States a condition, declares law and requires obedience, or recognizes an event. (Also pardons)Binding on the public.Published in the Federal Register

Pause for ThoughtNational Security Directives

Formal declaration to an agency or department head of a presidential national security decision, requiring follow-up.Designed at the National Security CouncilNot published.Mostly classified.Problems with small group dynamics, Congress exclusion

Pause for ThoughtImpoundment

The president refuses to spend funds appropriated by CongressCongress has restricted this practice (1974, 1987)He can only defer spending if:A special contingencyTo achieve savings through more efficient operationsHe can only propose to permanently rescind funds, but Congress must approve within 45 days

Pause for ThoughtSigning Statements

Traditionally innocuousSince 1980s, provide the presidents interpretation of a law, announce Constitutional limits on implementation of it, or indicate directions about how to administer it.Since 1986, part of official legislative historyUsed as de facto line item veto since Reagan

Why use executive powers?Quick in an emergency situationPay debts to important groups without committing many resourcesDont attract much attentionSigning statements prevent vetoes of complex/end of session legislation

Why not to use executive powers?Contribute to accumulation of power in executive handsMake it more difficult for successors to governUndermine existing administrative law proceduresEasy for next administration to undoClosed policymaking process = bad policy?

Pause for ThoughtExecutive Powers

How important is the vice president?Among the ways the role of the vice-president may be seen to be important are:balancing the ticket in elections providing experience or expertisetaking responsibility for specific areas of policyacting as a congressional liaisonattack dog criticising opponents more forcefully than the president is able tostanding in for the presidentcheerleader taking the lead on potentially unpopular policiesArguably, the role of vice president reached a new level of importance during the tenure of Dick Cheney, principally because of President Bushs relative inexperience in a number of key areas; Joe Biden has assumed an increasingly high-profile role as vice-president, but is unlikely to match the extent of Cheneys influence.

Problems with the Federal BureaucracyClientelismImperialismParochialismIncrementalismArbitrarinessWasteButRepresentativenessRespect for domestic valuesProfessionalism

ClientelismAgencies tend to serve the interests of those who they are supposed to oversee, protecting them at the expense of the broader public interest.

ImperialismAgencies invariably seek to expand their powers and responsibilities at the expense of other agencies and programmes, notwithstanding the issue of how public needs are best met.

ParochialismBureaucracies tend to focus narrowly on their own goals rather than the big picture of government or the national interest as a whole.

IncrementalismMost bureaucratic agencies are not renowned for creative or imaginative operations, instead acting slowly and cautiously and generally resisting major changes.

ArbitrarinessIn applying abstract rules to concrete cases, agencies often ignore the particular concerns or specific merits of those affected by the rules.

WasteGiven their size and routinized procedures, bureaucracies tend to use resources less efficiently than private sector organiztion.

ButBeyond these, American politicians from across the spectrum often charge the bureaucracy not simply with inefficiency or subversion of policy, but also with explicit political bias.But whether the federal bureaucracy has a clear partisan bias is highly contentious.There exist at least 3 reasons to doubt whether bureaucratic obstructionism, when it occurs, derives from overt partisan or ideological motivations.

RepresentativenessMost political scientists concur that bureaucrats political views tend, on the whole, to mirror those of the American public more broadly.Americans currently, are fairly evenly divided in their partisan loyalties and views between Republicans and Democrats.

Respect for domestic valuesFederal bureaucrats tend to vest both their own neutrality and domestic values more broadly with great significance.If their elected leaders are Republicans, they will pursue the goals that the Republicans establish; if their elected superiors are Democrats, they act accordingly.(This is complicated, of course, in conditions of divided party control of the federal government, when one party controls the White House and the other party maintains a majority in one or both Houses of Congress.)

ProfessionalismMany federal bureaucrats are well-educated specialists in technical and managerial positions, white collar professionals who take their responsibilities seriously, as engineers, lawyers, economists, technicians or analysts, rather than partisans.Whether the incumbent in the White House is Democratic or Republican, most bureaucrats received readily advice and guidance from elected officials and act in ways consistent with their professional training.

Functions of the CabinetTo advise the president on policy within areas covered by their departments (PRIMARY CONSTITUTIONAL ROLE)To oversee the day-to-day enforcement and administration of federal within executive departmentsTo deal with specific areas of national and international affairsNB: Whether or not cabinet members act as advisers, they retain responsibility for directing the activities of the government in specific areas of concern

Cabinet MeetingsOften receive criticismFrequency can vary (Reagan 36 Clinton 6 Y1)Frequency decreases (Reagan 36-21-12-12)GWB - Big PictureCabinet little to contribute to discussionsFunctions for the presidentFunctions for cabinet

Functions for the PresidentTeam SpiritCollegial and consultative appearanceInformation giving and gatheringForum to debate policyBig Picture itemsCheck on legislationPush for congressional actionSee cabinet members

Functions for the CabinetGet-to-know you sessionResolve inter-departmental disputesNetworking (before or after?)Opportunity to catch presidentIncreased standing in departments

Executive Office of the PresidencyIts primary responsibilities are;Preparing the budget (which is done by the Office of Management and Budget)Planning long-term economic strategies (which is done by the Council of Economic Advisors)Co-ordinating the countrys diplomatic and military policies (which is done by the National Security Council)Running the White House Office, where the presidents advisors work with him to develop the administrations political strategies, provide advice on response to emergencies, present the presidents proposals to the American people and the wider world, liaise and negotiate with Congress and provide a link between the White House and the government departments.

The President and CongressSince the writing of the Constitution, Congress has theoretically enjoyed superiority within the US Government.The balance of power between the President and Congress has moved backwards and forwards, depending on the circumstances and the personalities involved.However, it can be seen that Congress has the advantage (in theory)

Congressional AdvantageRole is to check the executiveIndependence from the executivePower of the purseApprove/refuse appointmentsOverride presidential veto

Constraints on the PresidentPresidential RoleConstraints on the PresidentHEAD OF STATEAppointment of ambassadorsEmergency powersOnly with the advice and consent of SenateCongress has powers of general scrutiny and public investigationCHIEF EXECUTIVEPolicymakingControl of agencies like CIAAppointmentsControl of bureaucracyControl of cabinetBudgetCongress has power of impeachment and trialLimited by the public opinion and two four-year termsCongress holds the purse stringsScrutiny of agencies by congressional committeesWith advice and consent of SenateSpending and efficiency scrutinised by CongressBureaucracy is too large to control effectivelyChoice limited by considerations like public opinion and Senate approvalLimited by congressional budget, and congressional approval

Constraints on the PresidentPresidential RoleConstraints on the PresidentCOMMANDER-IN-CHIEFControl of the armed forcesCongress declares warCongressional control through laws allowed by ConstitutionCHIEF DIPLOMATSenate has to approve treatiesCongress holds the purse stringsCHIEF LEGISLATORSeparation of Powers hard to control a billCongress can override a vetoPARTY CHIEF (not in Constitution)Parties too decentralised to control and separation of powers prevents party patronage in Congress

Checks on Presidential PowerCongressSupreme CourtPublic OpinionMediaPressure GroupsFederal BureaucracyOther factors

Checks by Congress on Presidential PowersPower of the PresidentChecks by CongressPropose legislationAmend/block legislationSubmit the annual budgetAmend budgetVeto legislationOverride vetoAct as chief executiveInvestigation/impeachment/removalNominate executive officialsConfirmation (Senate)Nominate federal judgesConfirmation (Senate)Negotiate treatiesRatification (Senate)Commander-in-chief of the armed forcesDeclare war/power of the purse

Checks by the Supreme Court on Presidential PowersThe Supreme Court can declare actions of the executive to be unconstitutional.E.g.:Rasul v Bush (2004)Hamdan v Rumsfeld (2006)

Checks by Public Opinion on Presidential PowersPublic opinion is also a check on presidential power.Why?

Checks by the Media on Presidential PowersThe role of the media in checking presidential power should not be underestimated.Why?

Checks by Pressure Groups on Presidential PowersPressure groups can mobilise public opinion either for the president himself or his policies.How can pressure groups also affect the success of presidential initiatives?

Checks by Federal Bureaucracy on Presidential PowersGetting the federal bureaucracy to do something can be a big challenge.Why?

Checks by Other Factors on Presidential PowersFederal SystemProfessional ReputationUnity of the partyCrisesConstitutional Amendments

Checks on Presidential PowerThe test for any president is both to work within these limitations and to ensure that they do not shackle him. He needs to persuade Congress, to woo public opinion, to use the media to his advantage, to control the federal bureaucracy and to unite his party even as he works to divide the opposition. The electorate does not want to hear that the president could not deliver his promises because of the limits upon his office.

Given the plethora of potential obstacles that stand in their way, it sometimes seems almost miraculous that presidents accomplish anything at all.- David Mervin (1993)

Getting round the Constitution?The formal powers allocated in the Constitution are limited in some way.The modern president will have developed a range of techniques and powers that seek to overcome some of the restraints found in the Constitution.The power of the president has been argued to have grown in recent times, despite these constraints.

Presidential PowerWhat does the term imperial presidency mean?Has this ever been an accurate assessment of presidential power?What does the term imperilled presidency mean?Has this ever been an accurate assessment of presidential power?Explain the changing nature of presidential power in the USA since 1789.

Potential Exam QuestionsAssess the constraints on the Presidents role as Commander-in-Chief. (15)How important is the Executive Office of the Presidency? (15)How important is the role of the Vice President? (15)What are the most significant factors that influence a President when choosing the Cabinet? (15)How much influence does the President have over the legislative process? (15)How do Presidents veto legislation, and how significant is the presidential veto? (15)What are executive orders, and how significant are they for presidential power? (15)Presidents have only the power to persuade. Discuss. (45)The power of the President is limited to the power to persuade. Discuss. (45)To what extent do Presidents control foreign policy? (45)Presidential careers can never live up to expectations. Discuss. (45)