The Executive Branch

The Executive Branch Presidency Bureaucracy

Presidential information • Qualifications for holding office • Formal qualifications (written in the Constitution) • Age (35 years of age): Teddy Roosevelt and John Kennedy (youngest to take office and youngest elected) Reagan (oldest) • Natural born citizen (by soil or blood) • 14 years residency • Informal Qualifications (what we want) • Character Age • Political Experience Marital Status • Religion Gender • Education Race

General Information • Presidential term of office • Constitutional limits • 4 year term in the Constitution • No limits placed in the original Constitution • Changes over time • Washington – starts tradition of “no third term” • FDR broke this tradition (elected 4 times) • 22nd amendment – 1951 – 2 full terms or a maximum of 10 years

Amendments and Laws dealing with the Presidency • 22nd – term limits • 25th – Presidential Disability • If unable to fulfill duties, the Vice President may be acting President • Congress determines within a 21 day limit • Presidential Succession Act – 1947 • John Tyler – first VP to take over • Constitution leaves VP vacant (until 25th amendment) • Line of succession created (VP, Speaker, President Pro Tempore, Cabinet in order of creation)

Compensation • Taxable • Salary of $400,000 per year • Expense account $50,00 • Travel Allowance of $100,000 • Non Taxable (the Extras) • White House, Camp David • Transportation • Medical • Secret Service • Pension • Value--- millions upon millions of dollars

Vice President • Qualifications – same as President • Selected by the Presidential candidate to “balance the ticket” • Constitutional functions • Preside over Senate, vote if a tie • President in waiting (25th – disabled) • Other functions assigned by the President (have increase dramatically)

How to remove the President? • Impeachment Process • House impeaches – charges – reasons defined by the House (A. Johnson and Clinton) • Senate tries – the Chief Justice Presides • Punishment – removed from office – no other public offices for life • Resignation • Only Nixon • Death • 4 assassinations • 4 natural deaths

The Constitutional Powers of the President • Article II is quite short and details few powers for the president. • The president received certain enumerated powers in the Constitution; however, the first line of Article II may be the most important grant of power to the president. • It states “the executive power shall be vested in a President of the United States of America.” • The executive power clause has been the basis for allowing the president to exceed the list of enumerated powers in Article II.

Legislative Power Chief-of-State Pardoning Power Treaty-making Power Chief Diplomat Chief Executive Veto Power Commander -in-Chief Appointment Power

Presidential roles and Powers • Chief of state • Ceremonial role of the President • Similar to that of a monarch

Chief Executive Role and Powers • Power to make sure that laws passed by Congress are implemented • Congress grants this power • Article II, Section 3 gives this power • Role is similar to that of Prime Minister

Chief Executive Powers • Ordinance Power • Power to issue executive orders (same force as law) • Rules, regulations and details for laws • Constitution and Congress grant this power • Federal Registrar lists all orders • Direct work of the government • Through the use of executive privilege • Withhold certain information from Congress and Courts • NOT for criminal cases (United States v. Nixon) • Impoundment of Funds • Refuse to spend money appropriated by Congress • 1974: Budget and Impoundment Act – limits this power- must inform Congress prior to

Chief Executive Powers continued • Appointment Power • Article II, Section 2 (advise and consent of the Senate) • Patronage – spoils system (Jackson) • Limited with Pendleton Act – 1883 – Civil Service created (Garfield’s assassination – now use merit, not name power) • Removal Power • 1867: Tenure of Office Act (repealed in 1887) • Who can the President remove? • Myers v. United States (1926): Remove any person from office (except judges and vice President) • Humphrey’s Executor v. United States (1935) – may not remove a member of the independent regulatory agencies

Chief Legislator • Certain functions which interact with Congress • Propose Legislation • Article II, Section 3 • State of the Union Address • Thomas Jefferson (written messages) and Wilson (“in person” again) • Agenda Setting and making of public policy

Chief Legislator… • Rejection of Legislation through… • Veto (overridden with 2/3 vote) • Pocket veto • Threat of veto • Line Item Veto (parts rejected) • Repealed with Clinton v. City of New York (1996) • Call special sessions of Congress • Last used with Wilson • Tends to happen with Senate more (appointments and treaties) • Can also adjourn the Congress (they cannot agree when to adjourn by themselves)

Chief Administrator • Boss of federal bureaucracy • Use of appointment and removal powers • Limited by Civil Service System

Chief Diplomat • Architect of Foreign Policy • Works with the Senate (Foreign Relations committee and treaties) • Powers: • Grants recognition • Nominate ambassadors and envoys • Negotiates treaties • Use of executive agreements • Bypass treaty process • No senate ratification, not binding to next president • Same force as a treaty • Must deal with previous treaty

Commander in Chief • Use of the armed forces (usually delegated to the military personnel) • Limited by War Powers Act • Notify congress within 48 hours • May be used in hostile situations • This power increases in time of war and/or emergency

Chief of Party • Non constitutional power • Head of political party • Campaigns, fund raising, patronage and the selection of the national chairperson are some of the duties • “Lame Duck” Presidents

Economic Planner • New role due to the Employment Act of 1946 • Relies on the Council of Economic Advisors (three top economists) • Proposal of the Budget to the Congress (after the OMB has approved of it)

Chief Citizen • Role Model for other citizens • Look at the character, etc of the person

Misc. Powers of the President • Powers of Clemency • Pardons (forgiveness) • Commute sentences • Reprieves • Presidents Ford, Carter and Clinton have been criticized for this power

Development of Presidential Power • All presidents have had similar formal parameters of checks and balances via the Constitution. • The power and success of the presidency is dependent upon: • the personality of the person holding the office • the informal powers of the presidency • the goals of the officeholder • the timing of events…events often shape a presidency (for example, crises often lead to an expansion of presidential powers)

Roles of the President • Crisis Manager • Coalition Builders • Morale Builders • Recruiters • Priority Setters • Administrators • Chief Diploma • Economic Planner • Chief Citizen • Chief of State • Chief of Party • Commander in Chief • Chief Executive • Chief Legislator

The Growth of the Modern Presidency • In the twentieth century, the presidency has become ever more powerful. • The modern presidency began with FDR, who was elected to four terms during two huge national crises: • The Great Depression • World War II • FDR also personalized the presidency with his use of radio “fireside chats” with Americans at home. • The modern president • leads a large government • plays an active and leading role in foreign and domestic policy • plays a strong legislative role • uses technology to get “close to Americans”

Why Growth of Powers? • Unity of the presidency and traditions • Increase in complexity of social and economic lives (FDR – Depression; LBJ- Civil rights) • Decisive Actions • Role in the world • Mass Media and Technology • Congressional authority to the President

Presidential Success • Coalition Building – persuasion power • Bully Pulpit – rally from the Oval Office – use of the media • Interest Group Support • Messages: State of the Union, Inaugural Address (set the tone) • National Campaigns

Presidential Influences • Vetoes (rarely overturned – 3%) • Budgets usually approved (if not passed, shut down the government or pass continuing resolutions) • Passage of Policy Initiatives (State of the Union) • Nominations usually confirmed

Why the President Fails • Budget Constraints • Opposition Party – Divided Government • Public Mood • Philosophy and Ideology

The Presidential Establishment • Today, the president has numerous advisors to help make policy and fulfill the duties of chief executive: • The Cabinet • The Executive Office of the President (EOP) • White House Staff • The First Lady

The Cabinet • The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit. • The Cabinet consists of the heads of the major bureaucratic departments (State, Defense, Treasury, etc.). • Congress exercises some control over the bureaucracy -- through advice and consent and budget controls.

The Executive Office of the President (EOP) • The EOP was established by FDR and is a very important inner circle of advisors to the president. • The EOP is staffed by persons responsible to the president alone. • The EOP includes such important offices as the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget.

White House Staff • The people most directly responsible to the president are the White House staff such as personal assistants, senior aides, administrative personnel, and more. • There is no Senate confirmation and their power comes solely from their personal relationship with the president. • The White House staff reached a height of 583 members in 1972, but has gotten smaller since and is generally around 400.

President’s Role in the Legislative Process: The President as Policy Maker • FDR claimed the leadership and agenda-setting power for the president and got it. • FDR shifted the president’s powers from that of simply executing policy to making it. • However, presidents have a hard time getting Congress to pass their programs especially during periods of divided government.

The President and Public Opinion • Bill Clinton spoke to the public in a variety of media configurations about 550 times a year. • Ronald Reagan averaged 320 appearances a year. • Harry Truman—only 88 time a year. • “Going Public”: the act of going over the heads of Congress members to gain direct support from the people.

Presidential Approval Ratings Honeymoon Period, Crisis – economic and military play roles

Patronage Party Presidential Leadership Persuasion Public Opinion Veto Power Appointment Power

Continuity and Change • The presidency is a peculiar institution. Some have argued that the job is too big for one person and that we expect far too much from one person. • Presidents do have a difficult set of jobs. They are a symbol of the country and a ceremonial leader as well as the nation’s chief executive. • We know more about our presidents than ever before. We know • what kind of underwear they prefer • what they eat • who they dated in high school • how much their haircuts cost. Has knowing so much made us lose respect for the office? Perhaps we need to know less about our presidents so that they may do more. Do we know too much? Does it really matter?

The Executive Branch