The PresidentAmerican Government

Constitution and the Presidency

The Presidency is the subject matter of Article II of the Constitution.

This section is much briefer than Article I (which deals with Congress) and lists fewer specific responsibilities.

This difference shows that their was less agreement about appropriate powers for the President than for Congress.

Tasks of the Presidency• Chief Legislator

• “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.” (Article II, Section 3)

• “Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.” (Article I, Section 7)

Tasks of the Presidency• Some responsibilities are clearly outlined in

the Constitution.• Many powers have been expanded and new

ones have been added by tradition.• The exceptional actions of strong presidents

tend to be written into law and become the responsibilities of their successors.

• The Presidency has been a developing office over the history of the country.

Tasks of the Presidency• Head of State• Chief Executive

“The executive Power shall be vested in a President of the United States of America.” (Article II, Section 1)

“He shall take care that the laws be faithfully executed.” (Article II, Section 3)

Tasks of the Presidency• Commander in Chief• “The President shall be Commander in Chief

of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” (Article II, Section 2)

• War Powers Act of 1973 attempted to limit the president’s power to use troops.

• Tasks of the Presidency• Required presidents to consult with Congress

before using military force.• Mandated withdrawal of forces after 60 days

unless Congress declared war or granted an extension.

• Partially successful. Presidents have regarded the act as an unconstitutional infringement on their constitutional powers.

Tasks of the Presidency• Chief Diplomat• “He shall have Power, by and with the Advice and

Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” (Article II, Section 2)

• He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls.” (Article II, Section 2)

• “He shall receive Ambassadors and other public Ministers.” (Article II, Section 3)

Tasks of the Presidency• Manager of Prosperity• Assumed prominence with Franklin Roosevelt’s

attempts to overcome the Great Depression.• Employment Act of 1946 makes it the

responsibility of the federal government to pursue policies leading to full employment.

• Crisis ManagerDomestic International

Tasks of the Presidency• Party Leader

• Grants Pardons

• “He shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” (Article II, Section 2)

Institutionalized Presidency

• The modern presidency is a demanding job.

• Various institutions have been created to assist the president in carrying out the responsibilities of the office.

The Executive Office of the President (EOP)• Established in 1939 to help the president

oversee the executive branch bureaucracy.• The EOP houses a variety of offices that assist

the president with various aspects of the job. Most important agencies• National Security Council• Council of Economic Advisors• Office of Management and Budget• Office of the Vice President• U.S. Trade Representative

White House Staff• Personal assistants to the president, including senior

aides, their deputies, assistants with professional duties, and clerical and administrative aides.

• Size increased over time

Executive Privilege• President claims right to privacy in the executive branch

from the other branches of government.• Executive privilege is not mentioned in the constitution.• Executive privilege was first asserted by President

George Washington.• It is based on the principle of separation of powers.

Presidential Power

• Most presidential scholars believe that to be effective a modern president must skillfully use the formal and informal powers of the office.

• One classic book on the presidency says that “presidential power is the power to persuade.”

• Power to command is too limited to be effective.• To be effective the president must acquire cooperation

of many people who are not subject to the president’s command.

• The president must use the tools of office to convince people that cooperation is in their interest.

Factors Influencing Presidential Power

• Electoral Mandate• Presidential Approval Ratings• Party support in Congress• President’s skill in working with Congress• Taking advantage of the “honeymoon”• Choosing legislative priorities• Making effective use of patronage

Cycle of Presidential Popularity

• Highest level of approval at the beginning of their terms

• Each action the president takes is divisive (some will approve, others will not)

• Disapproval tends to have a cumulative effect so in general approval wanes over time.

Rules of Succession

• Through 2005, 8 presidents have died in office.

• Vice President succeeds the president according to Article II, Section 1 of the Constitution.

• 1947 Congress passed the Presidential Succession Act, which listsin order those in line after the vice president to succeed thepresident

1. Speaker of the House of Representatives2. President pro tempore of the Senate3. Secretaries of state, treasury, and defense, and other Cabinet

heads in order of the creation of their department

Presidential Disability: The 25th Amendment

• Adopted in 1967

• Contains a section that allows the VP and a majority of the Cabinet (or some other body determined by Congress) to deem a president unable to fulfill his duties.

• President can also voluntarily relinquish duties.

Replacing the VP: 25th Amendment

• President may appoint a new VP, subject to the approval of majority of Congress.

• Used twice1. Nixon to replace Agnew with Ford2. Ford to select new VP

Presidential Term Limits• No limit in the original Constitution.• George Washington began a two-term tradition.• Franklin Roosevelt broke the two-term limit. He

was elected to four terms.• The twenty-second amendment was proposed

by a Republican Congress in 1947.• It was ratified in 1951.• Eisenhower was the first president to whom it

applied.

What Makes Great Presidents?• Active Presidents –Those who choose to lead, rather than preside.

• Successful Presidents –Those who achieve at least significant portions of their goals.

• “Active-Positive” Personality Types: Enjoy the job of being president. Adapt their policies to changing circumstances.

• Arriving in office at a time that permits them to repudiate the past and move in a new direction Following a failed presidency Coming to power in the midst of crisis