The American Presidency

1. The American Presidency

3. The Central Dilemma • The individual (his personality, skills, etc.) versus history (environment, nature of times) • Do great presidents make history or does history make them? • Would a president other than Lyndon Johnson have passed the civil rights legislation of the 1960s? • Would a president other than FDR have gotten us through the Great Depression and WWII? • Would a president other than Reagan have dealt as effectively with the Soviets?

4. Historical Powers of the Presidency: 1. The Traditional President (late 1700s-early 1930s): presidents did little during this period, and Congress was generally dominant [exceptions?] 2. The Modern President (early 1930s-mid-1970s): a powerful activist presidency prompted by the Great Depression and WWII, Congress become less dominant. 3. The Postmodern President: a weakened presidency whose powers have been sapped by relative economic decline and the growth of interdependence. The world has now “closed in on” the American presidency. The main result of this is that in this new era a president must “go international’ in order to get much of anything done.

5. Art. II Constitutional Qualifications of POTUS: (a) 35 or older (b) natural born (c) 14 years of residency (d) term limits (22 amendment-2 terms) (e) disability of president - 25th amendment. A new non-elected VP needs approval from both houses. (g) popularly elected – but indirect election through Electoral College. Many world leaders not elected but selected by someone. i.e., PM’s are chosen by the majority party.

6. Art. II:Powers & Duties of the President CHIEF EXECTIVE head of Executive Branch COMMANDER INCHIEF head of the armed forces (War Powers Act) GRANTS REPRIEVES & PARDONS Reprieves = delay of punishment Pardon = forgiveness POWER TO SIGN OR VETO laws passed by congress

7. Art. II:Powers & Duties of the President MAKE TREATIES with other countries -must be approved by 2/3 of Senate -can also make Executive Agreements -what’s the difference? MAKE APPOINTMENTS to cabinet, Supreme Ct., ambassadors, etc. - Must be approved by Senate (a new POTUS makes approx. 3,000 appointments) Duty to report to Congress & the people on THE STATE OF THE UNION

8. ROLES OF POTUS: • Chief of State • Chief Executive • Chief Administrator • Chief Diplomat • Commander in Chief • Chief Legislator • Chief of Party • Chief Citizen

9. SALARY & BENEFITS: • $400,000 PLUS SALARY!!!! • ($227,300 – VP – same as Speaker & Chief Justice) • $50,000 Expense Account +… • Benefits: • Housing • Transportation • Health Care • Secret Service for Life • Pensions • Movie Theatre

10. TERM & SUCCESSION: • 2 Term precedent – from who to who? • 22nd Amendment – 1951 – how long can POTUS actually serve? • Should this amendment be repealed? • Reasons for succession: • Death, resignation, impeachment AND conviction, temporary or permanent disability • Order of succession: • Determined by Congress – P Succession Act • VP, Speaker, Pres. Pro Tempore, Sec. of State ….other cabinet members in order of cabinet creation. Who would be last?

11. ELECTION • ELECTORAL COLLEGE • P & VP are only 2 offices in this country elected by the electoral college method • Allocation of electoral votes does NOT always reflect the population • CA has approx. 1 electoral vote for every 500,000 voters; AK has 3 electoral votes for all 183,000 people

12. Electoral College • 4 times winner of popular vote has NOT won the P election • 1824 – Jackson lost to John Q. Adams • 1876 – Tilden lost to Hayes • 1888 – Cleveland lost to Benjamin Harrison • 2000 – Gore lost to George W. Bush • Election date is always the Tuesday after the first Monday in November. • Inauguration is always Jan. 20(per the 20th Amendment) • Oath of office is administered by the Chief Justice of the Supreme Court

13. Presidential Power, Richard Neustadt • Presidential power is “the power to persuade” • A president’s power is related to the perception of three audiences: 1. Others in Washington D.C. (Senate, House of Representatives, Supreme Court) 2. The party activists and officeholders outside Washington 3. The mass public at large 4. A fourth audience today?

14. LEADERSHIP ATTRIBUTES OF POTUS: • Ability to manage a crisis • Ability to demonstrate leadership as perceived by the public • Ability to appoint quality officials • Ability to set & clarify the national agenda • Ability to achieve success in the foreign policy arena • Democratic principles reflected by Ps on Mount Rushmore? Democracy Equality Liberty Global Responsibility

15. POWERS OF THE PRESIDENT • How is a P different from a Prime Minister? • P has term limit • PM has no divided gov’t • PM is longtime party leader • Party discipline is better in a parliamentary system • Types of powers – Examples of each? • National Security • Legislative • Administrative • Judicial • Commander in Chief • State of Union • Appointments • Nominate judges, pardons

16. POWERS OF THE PRESIDENTPower of Appointment: • To federal offices (bureaucracy) • Federal/SCOTUS judicial positions • Cabinet • Divided Government poses problems in appointment – why? • Harder to get Senate approval • Ideological conflicts • Offices may go unfilled

17. POWERS OF THE PRESIDENTPower of Appointment: • So… how do appointments get confirmed? • To fill positions, POTUS must • go to public for support • build coalitions in Congress • make deals and compromise • diversify in his choices • do more background screening • President does have power to make “recess appointments” without Senate confirmation

18. “War-making” Power of POTUS(National Security Powers) • Most problemsbetween P & Congress • War Powers Act of 1973 – why? • Nixon vetoed / veto overridden • P can commit troops in 1 of 3 ways: • Declaration of war by Congress (only 5 times in history) • National Emergency • If use of force is in national interest • P must advise Congress of troop deployment within 48 hours – keep Congress advised • Commitment of troops ends after 60 days UNLESS approved by Congress

19. War Powers…. • Has been called a “legislative veto”- is it? • Issue has not yet been resolved by the Courts • All Ps have deemed War Powers Act unconstitutional and, in many cases, ignored it • Ps who have flaunted war powers? • Reagan – Grenada • Bush, Sr. – Kuwait/Desert Storm • Clinton – Haiti /Bosnia • George W. – Iraq • Obama – Libya 2011 …. But did notify Congress of troop deployment there in 2012

20. POTUS as Chief Executive (Administrative Powers) • 2 resources for controlling the bureaucracy? • Appointment of top level administrators • Recommending budgets to Congress • Role of the VP? • Only constitutional duty? • Why haven’t Ps expanded the role of the VP over the years?

21. THE EXECUTIVE DEPARTMENTS“EXECUTE ALL LAWS” • The Cabinet • 15 cabinet positions (Homeland Security is newest) • EOP (Executive Office of the President) • Created by FDR – 1939, to support administration • Chief of Staff – P’s top aide, manages EOP • National Security Council, OMB, Council of Economic Advisors, Office of National Drug Control, Office of First Lady, Trade Representative…. • Directly advise P on a daily basis • None elected – over 600 – most NOT subject to Senate confirmation. • White House Staff • Chief of Staff; Deputy Chiefs; Senior Advisors; Counsel

22. State of Union address to Congress & the people Power to veto legislation Usually effective Only 4% of all vetoed bills overridden Line-item veto – Governors have it, P’s don’t Congress gave it to Clinton in 1996 In Clinton v. City of New York, 1998 – SCOTUS held it unconstitutional grant of power to P by Congress Diminishing connection between presidential & congressional voting - presidential coattails doesn’t help congressional candidates Midterm elections – P’s party generally loses seats in Congress Chief Legislator(Legislative Powers)

23. EXECUTIVE ORDERS:

24. EXECUTIVE ORDERS – P writes law! Source: Constitution: implied; to further acts of Congress Can be overturned by Congress – don’t fund it or pass conflicting law OR by SCOTUS – held unconstitutional Can also be overturned by future Ps Chief LegislatorORDINANCE POWER

25. Chief Diplomat – Treaties& Executive Agreements • Ps have exclusive power to grant diplomatic recognition to a nation • Ps have exclusive power to negotiate treaties (Senate approves – supermajority vote) • In addition to treaty-making power, Ps also have power to negotiate executive agreements with heads of foreign governments • What’s the difference? • NO SENATE RATIFICATION IS REQUIRED in this! • Note: Treaties are binding on future P’s, but executive agreements are not. • Most routine; non-controversial - food deliveries, customs • BUT, can implement important & controversial policies • Vietnam peace agreement, Salt I limiting offensive nuclear weapons, NAFTA

26. Relationship withthe Media • MUST have a good one! • Press Secretary (part of White House staff) deals with the press corps • P gets much access to television spots • P gets weekly radio address to discuss whatever he wants • Ps have tried to control & spin the media since Watergate • Which P had best relationship? Press Sec’y Jay Carney

27. Relationship with the Media

28. Public Approval • Polls used extensively • Average rating of outgoing Ps is 50% or less • During national emergencies, approval usually increases • Techniques that work: • FDR & Fireside Chats • Clinton & Town Hall Meetings • Factors affecting opinion of P: • Pre & post election swings • Ability to handle a foreign crisis • CONDITION OF THE ECONOMY • Leadership during a domestic crisis • Ability to get programs through Congress

29. APPROVAL RATINGS:

30. IMPEACHMENT: • The President, Vice President & other public officials may be impeached & tried for treason, bribery & other high crimes & misdemeanors. • House of Reps impeaches (indicts) by a majority vote • Senate holds trial (jury) • Acquits or convicts (requires 2/3 vote) • What happens if convicted? • Only 2 P’s ever impeached?

32. The Clinton Vote: • Clinton was impeached on two counts, grand jury perjury (228–206) and obstruction of justice (221–212), with the votes split along party lines. • Senate Republicans couldn’t get the two-thirds majority for conviction. • On Feb. 12, 1999, the Senate acquitted President Clinton on both counts. • The perjury charge failed by a vote of 55–45, with 10 Republicans voting against impeachment along with all 45 Democrats. • The obstruction of justice vote was 50–50, with 5 Republicans breaking ranks to vote against impeachment.