revision lesson; the presidency

Revision Lesson; The Presidency

Copyright © 2016 Active Educatonpeped.org/politicalinvestigations

The US Presidency• Powers (incl exec orders)• Theories of presidential power• Imperial vs imperilled presidency


Qualifications for the Office of the Presidency

Under the US Constitution, a president must be;• A natural-born US citizen• At least 35 years old• A US resident for at least 14 years


The formal and informal resources of the presidency

Formal Powers Informal Resources• Veto• Executive orders• Nominations• Recommendations• Commander-in-

Chief• Head of State and

Head of Government

• Staff in the executive branch

• Party ties• Mass media• International

contracts• The ‘bully pulpit’


Roles of the PresidentHead of StateHead of GovernmentChief legislatorChief diplomatCommander-in-chiefParty leader

These roles are not always clearly stated in the Constitution…

so 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 countries

• He has the power to issue pardons to anyone convicted of a crime

These 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 President• In 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 it’s not

illegal.”- Richard Nixon


Pause for ThoughtExecutive Power

Executive OrdersPresidential MemorandaPresidential ProclamationsNational Security DirectivesImpoundmentSigning statements


EXAMPLESExecutive Power Example

Executive Orders 13492 (Guantanamo Bay)

Presidential Memoranda War Powers 15.12.11

Presidential Proclamations Wright Brothers Day 15.12.11

National Security Directives

NSPD-9: Combating Terrorism 25.10.01

Impoundment

Signing statementsObama Statement on Signing American Recovery and Reinvestment Act 2009 Copyright © 2016 Active Educaton

peped.org/politicalinvestigations

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 history• Process today• Published in Federal Register, numbered• Legal Authority


Pause for ThoughtPresidential Memoranda

• Pronouncement directed to executive branch officials

• No publication in Federal Register• Below 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 Council• Not published.• Mostly classified.• Problems with small group dynamics,

Congress’ exclusion


Pause for ThoughtImpoundment

• The president refuses to spend funds appropriated by Congress

• Congress has restricted this practice (1974, 1987)

• He can only defer spending if:• A “special contingency”• To achieve savings through more efficient

operations• He can only propose to permanently

rescind funds, but Congress must approve within 45 days Copyright © 2016 Active Educaton


Pause for ThoughtSigning Statements

• Traditionally innocuous• Since 1980s, provide the president’s

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 history• Used as de facto line item veto since

Reagan Copyright © 2016 Active Educaton


Why use executive powers?• Quick in an emergency

situation• Pay debts to important

groups without committing many resources

• Don’t attract much attention

• Signing statements prevent vetoes of complex/end of session legislation

Why not to use executive powers?• Contribute to accumulation

of power in executive hands

• Make it more difficult for successors to govern

• Undermine existing administrative law procedures

• Easy for next administration to undo

• Closed 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

expertise• taking responsibility for specific areas of policy• acting as a congressional liaison• ‘attack dog’ – criticising opponents more forcefully than the

president is able to• standing in for the president• cheerleader – 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 Bush’s 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 Cheney’s influence.


Problems with the Federal Bureaucracy

ClientelismImperialismParochialismIncrementalismArbitrarinessWasteBut…RepresentativenessRespect for domestic valuesProfessionalism


Clientelism• Agencies tend to serve the interests of

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


Imperialism• Agencies 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.


Parochialism• Bureaucracies tend to focus narrowly on

their own goals rather than the ‘big picture’ of government or the national interest as a whole.


Incrementalism• Most bureaucratic agencies are not

renowned for creative or imaginative operations, instead acting slowly and cautiously and generally resisting major changes.


Arbitrariness• In applying abstract rules to concrete

cases, agencies often ignore the particular concerns or specific merits of those affected by the rules.


Waste• Given their size and routinized procedures,

bureaucracies tend to use resources less efficiently than private sector organiztion.


But…• Beyond 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. Copyright © 2016 Active Educaton


Representativeness• Most 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 values• Federal 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.)


Professionalism• Many 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 Cabinet• To 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 departments

• To deal with specific areas of national and international affairs

NB: Whether or not cabinet members act as advisers, they retain responsibility for directing the activities of the government in specific areas of concern


Cabinet Meetings• Often receive criticism• Frequency can vary (Reagan 36 – Clinton 6

Y1)• Frequency decreases (Reagan 36-21-12-

12)• GWB - ‘Big Picture’• Cabinet little to contribute to discussions• Functions for the president• Functions for cabinet


Functions for the President• Team Spirit• Collegial and consultative appearance• Information giving and gathering• Forum to debate policy• ‘Big Picture’ items• Check on legislation• Push for congressional action• See cabinet members


Functions for the Cabinet• Get-to-know you session• Resolve inter-departmental disputes• Networking (before or after?)• Opportunity to ‘catch’ president• Increased standing in departments


Executive Office of the Presidency

Its 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 country’s diplomatic and military policies

(which is done by the National Security Council)• Running the White House Office, where the president’s

advisors work with him to develop the administration’s political strategies, provide advice on response to emergencies, present the president’s 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 Congress• Since 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 Advantage• Role is to check the executive• Independence from the executive• Power of the purse• Approve/refuse appointments• Override presidential veto


Constraints on the PresidentPresidential Role Constraints on the PresidentHEAD OF STATEAppointment of ambassadorsEmergency powers

Only with the advice and consent of SenateCongress has powers of general scrutiny and public investigation

CHIEF EXECUTIVEPolicymakingControl of agencies like CIAAppointmentsControl of bureaucracyControl of cabinetBudget

Congress 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 Role Constraints on the PresidentCOMMANDER-IN-CHIEFControl of the armed forces Congress declares war

Congressional control through laws allowed by Constitution

CHIEF DIPLOMATSenate has to approve treatiesCongress holds the purse strings

CHIEF LEGISLATORSeparation of Powers – hard to control a billCongress can override a veto

PARTY CHIEF (not in Constitution) Parties too decentralised to control and separation of

powers prevents party patronage in Congress


Checks on Presidential Power

CongressSupreme CourtPublic OpinionMediaPressure GroupsFederal BureaucracyOther factors

Checks by Congress on Presidential Powers

Power of the President Checks by CongressPropose legislation Amend/block legislationSubmit the annual budget Amend budgetVeto legislation Override vetoAct as chief executive Investigation/impeachment/

removalNominate executive officials Confirmation (Senate)Nominate federal judges Confirmation (Senate)Negotiate treaties Ratification (Senate)Commander-in-chief of the armed forces

Declare war/power of the purse


Checks by the Supreme Court on Presidential Powers

• The 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 Powers

• Public opinion is also a check on presidential power.

• Why?


Checks by the Media on Presidential Powers

• The role of the media in checking presidential power should not be underestimated.

• Why?


Checks by Pressure Groups on Presidential Powers

• Pressure 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 Powers

• Getting the federal bureaucracy to ‘do something’ can be a big challenge.

• Why?


Checks by Other Factors on Presidential Powers

• Federal System• Professional Reputation• Unity of the party• Crises• Constitutional Amendments


Checks on Presidential Power

• The 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 Power

• What 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 Questions• Assess the constraints on the President’s 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) Copyright © 2016 Active Educaton


revision lesson; the presidency

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