the constitutional basis of the presidency
TRANSCRIPT
The Constitutional Basis of the Presidency
Constitutional Basis of the Presidency
• Article II: “The executive power shall be vested in a President of the United States of America”– This affirmed that one person would hold the
presidency, allowing for “energy” in times of need
Constitutional Basis of the Presidency
• Presidential Selection: by Congress or the voters?– Republican solution—state legislatures would
select slates of electors, from which the people would pick
– If a majority of electors could not agree, the decision would be made by the House of Representatives
Constitutional Basis of the Presidency
• Presidential candidates were first chosen by the party members in Congress– Led to claims the president was beholden to
Congress
• Parties later created nominating conventions– Delegates initially selected by state party leaders
How Presidents and Vice Presidents are Chosen
General Election
(first Tuesday in November)
Voters vote for electors
Electoral College
(1st Monday after second
Wednesday in December)
Electors vote for president
and vice president
respectively
IF top presidential and vice-presidentia
l candidates
receive fewer than
270 electoral
votes, decisions are made
in the House and
Senate. Each state gets one
vote in the House,
two votes in the
Senate.
HouseRepresentative
s vote for president by
state. Majority is needed to
win.
SenateSenators vote
for vice president (from
top 2 candidates). Majority is
needed to win.
Vice presidential candidate
receives 51 votes or more.
Presidential candidate
receives 26 votes or more.
Top presidential candidate
receives 270 votes or more
Top vice-presidential candidate
receives 270 votes or more
President elected
Vice president
elected
President elected
Vice president
elected
If no pres. Candidate receives 26 votes by Jan. 20, and v.p. has
been elected, v.p. becomes acting pres.
until pres. is elected by the House. If neither candidate is
elected by Jan. 20, speaker of the House becomes acting pres. until pres. is elected
by the House.
If no v.p. candidate is elected by Jan. 20, and pres. has
been elected, a v.p. is appointed by the pres. and approved
by Congress.
Constitutional Powers of the Presidency
• Delegated Powers: The president “shall take Care that the Laws be faithfully executed”– Congress delegates the power to enact its will to
the executive branch
Constitutional Powers of the Presidency
• Expressed Powers: Powers granted to the president by the Constitution– Military– Judicial– Diplomatic– Executive– Legislative
A schema of Presidential Roles/Powers
• President has two general categories of powers/roles– HOS – Head of State– HOG – Head of Government
• HOS: ceremonial, symbolic status as the embodiment of the American nation (non-political)
Expressed Powers
Constitutional Powers of the Presidency
• Inherent Powers: Presidential powers implied, but not directly stated, by the Constitution– Executive Orders– Other powers as needed
President as HOG
• HOG: executive in charge of the nation (political roles/jobs/powers)– Commander in Chief– Chief diplomat– Chief legislator– Chief jurist– Chief executive– Party chief
Expressed Powers
Constitutional Powers of the Presidency
• Military Powers– President is Commander in Chief– Congress has power to declare war, but in last 50
years this has been ignored– Can deploy troops domestically in an emergency,
to enforce a federal judicial order, or to protect federally guaranteed civil rights
Constitutional Powers of the Presidency
• Judicial Powers– President can “grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment.”
Constitutional Powers of the Presidency
• Diplomatic Powers– President is the Head of State– Receives “Ambassadors and other public
Ministers”– Acknowledges which foreign governments are
legitimate– Treaties/Executive Agreements
Constitutional Powers of the Presidency
• Executive Powers– President must make sure that all laws are
faithfully executed– Can appoint, remove, and supervise all executive
officers– Has power to appoint all federal judges
Constitutional Powers of the Presidency
• Legislative Powers– Addresses Congress on the state of the union– Submits proposals for legislation– Can veto bills– Has power to issue executive orders
The Veto Process
Presidential Vetoes (1789–2008)
Presidential Vetoes (1789–2008) (cont’d)
Presidential Vetoes (1789–2008) (cont’d)
Constitutional Powers of the Presidency
• Delegated Powers– Congress delegates powers to the executive
branch when it creates agencies that must use discretion to fulfill their missions
Patronage
• The power to reward supporters through the power to make appointments is a important institutional resource for the president
• The Merit System, designed to end the spoils system, limits this power
Innovations in Presidential Power
• Techniques first used in the middle of the 20th century now have become mature tools
• Going public– TR/ WW first, but the master was FDR+
• FDR:– Hostile press, mold and use them to mold PO
• Direct link w/ Pple.
FDR 2
• How? – Press conference –b-/wkly
– On/off record
– Good stories
– Press secretary
• Now? – Town hall meetings/ friendly journalist– Clinton: war room – White House Comm office. “manage news”
Limits of Going Public
– Public is fickle– Examples– Some decline is inevitable = can’t fulfill all
promises – sppt/ popularity decays over time– When sppt declines, influence decays– Less going public because of this– Go form offense GP to defense GP
The use of the Administrative state
– Reach and pow of EOP– Greater control of Bureaucracy
• Expand role of executive orders and other tools of direct presidential governance.
– Together = administrative state/strategy– Can do much without Congressional approval,
sometimes against Congressional approval.– Role of OMB
Regulatory review
– Laws passed by Congre need rules/regulations = discretion
• Ex of Clinton = 107 directives telling admin to adopt specific rules
– Government by decree: executive orders• Ex orders
• Ex agreements
• Nat sec findings
• Directives
• Proclamations
• Reorgan plans
• Signing statements
The Role of Wars and Emergenices
– Ex agreements = replaced treaties??– Often used for purely domestic purp– Use of decrees bound by law, cannot do
everything or anything • Must be based in constitution or congress statute• When not = crts held void• Imp case = Youngstown Co v Sawyers – steel case
seizure of 1952– No takeover of steel mills during Korean War
Review 2
• Tribute of the people
• Executive privilege
• Genet affair
• War time democracy
• Bully pulpit
• Government as agent of reform
• President and economic security
• Common good v. “economic freedom”
Work in the White House
The Presidency as an Institution
• The president has thousands of staff who work for his or her administration
The Presidency as an Institution
The Presidency as an Institution
• The Cabinet– Origin: Early presidents had a secretary who
would store the president’s papers in a cabinet– The Cabinet: Heads of the major executive branch
departments
The Presidency as an Institution
• White House Staff– Analysts and political advisors who inform the
president about policies and their political implications
– Not to be confused with the Executive Office of the President
The Presidency as an Institution
• Executive Office of the President– Permanent agencies that perform specific
management tasks for the president
• Office of Management and Budget (OMB)– Must approve every proposal from an executive
agency that requires spending
The Presidency as an Institution
• Vice Presidency– The role of the Vice
President varies– Only constitutional role
is to preside over the Senate
– Expected to remain informed enough to take over immediately as president
The First Spouse
The Presidency as an Institution
• The First Spouse– This role also varies from administration to
administration– Traditionally performed primarily ceremonial roles– Now often take a more active roll; defining the
position can be difficult
Contemporary Bases of Presidential Power
• Sources of presidential strength:– Party– Popular Mobilization– Administration
Contemporary Bases of Presidential Power
• Party– When the president’s party controls Congress and
they share policy goals, the president can have tremendous influence
– This is a two-edged sword when the opposing party is in power
Groups as a Presidential Resource
• Franklin Roosevelt’s New Deal Coalition assisted the passage of New Deal legislation
• Similarly, groups supporting Ronald Reagan permitted a number of legislative victories in the 1980s
Presidential Success on Congressional Votes
Contemporary Bases of Presidential Power
• Going Public– 19th century presidents were expected to be
unifiers, and not speak out in public about policies– Now presidents must carefully cultivate their public
image
Presidential Use of the Media
• President’s have increasingly turned to the media to mobilize public support
• President Reagan held spoke to the nation on a number of occasion to seek public support for his legislative agenda
WHO ARE AMERICANS?
Chapter 13
WHO THINKS THE PRESIDENT IS DOING A GOOD JOB?
WHO ARE AMERICANS?
Who Thinks the President is Doing a Good Job?
Mar.’09
50%
25%
Barack Obama Job Approval
75%
Jun.’09 Sep.’09 Dec.’09 Mar.’10 Jun.’10 Sep.’10
SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.
WHO ARE AMERICANS?
Who Thinks the President is Doing a Good Job?
Obama’s Handling of Issues
Percentage approving, by party identification
SOURCE: Gallup.com, “Obama Approval on Economy Down, on Foreign Affairs Up,” February 8, 2010.
Situation in Afghanistan
IndependentsRepublicans Democrats
Health Care Policy
Economy
WHO ARE AMERICANS?
Who Thinks the President is Doing a Good Job?
50%
SOURCE: Gallup.com, “Presidential Approval Ratings—Gallup Historical Statistics and Trends,” (accessed 5/11/10).
Approval Ratings of Past Presidents
John F. Kennedy Lyndon B. Johnson Richard Nixon Gerald R. Ford
Jimmy Carter Ronald Reagan George H. W. Bush
Bill Clinton George W. Bush
50%
50%
1962 1964 1966 1968 1970 1972 1974 1976
1978 1980 1982 1984 1986 1988 1990 1992
1994 1996 1998 2000 2002 2004 2006 2008
The Administrative State
Contemporary Bases of Presidential Power
• The Administrative State: Presidents have tried to increase their power vis-à-vis Congress through three administrative mechanisms:– Enhancing the reach and power of the Executive
Office of the President– Increasing White House control over the
bureaucracy– Expanding the role of executive orders and other
instruments of direct presidential governance
Contemporary Bases of Presidential Power
• Executive Office of the President– 400 staff in WHO and 1,400 in EOP– President’s staff are equal to the task of proposing
legislation and countering Congress
• Regulatory Review– White House determines how agencies should
operate
Contemporary Bases of Presidential Power
• Governing by Decree– Executive orders– Presidential decrees– Executive agreements– National security findings and directives– Proclamations– Reorganization plans– Signing statements
Significant Executive Orders,1900–1995
Thinking Critically about Presidential Power and Democracy
Public Opinion Poll
Do you believe the expectations of the American people with regard to the President are too high?
a) Yes
b) No
Public Opinion Poll
Which branch of government do you believe is most powerful?
a) Congress
b) Presidency
c) Judiciary
Public Opinion Poll
Which branch of government do you believe should be most powerful?
a) Congress
b) Presidency
c) Judiciary
Public Opinion Poll
Should Congress be able to declare, through legislation, that the president must cease a military activity?
a) Yes
b) No
Public Opinion Poll
Which of the following do you believe is the most important role of the President?
a) Commander in Chief (in charge of the military)b) Chief Diplomat (managing our relations with other
nations)c) Chief Executive (as “boss” of the executive branch)d) Chief Legislator (legislative powers)e) Chief Politician (party leadership)
Public Opinion Poll
Presidents have expressed, delegated, and inherent sources of power. Which of the three do you think most accounts for the powers of the contemporary presidency?
a) Expressedb) Delegatedc) Inherent
Chapter 13: The Presidency
• Quizzes
• Flashcards
• Outlines
• Exercises
wwnorton.com/wtp8e
Following this slide, you will find additional images, figures, and tables from the textbook.
The Presidency
The Constitutional Powers of the Presidency
The President versus the World: How Presidents Seized Control of War Power
Expressed Powers
Satire and Perceptions of the American Presidency