Constitutional Basics

1. Constitutional Basics • Normative ?-- Hamilton, Fed No. 70. Energy in the Executive • one person office • elected for a fixed term • national constituency • Vague formal powers from Constitution

2. Evolution of the Presidency • 1800-1933 Period of Congressional Supremacy • Main federal policies were very individualized or particularistic • E.g. -roads or canals, tariffs for particular industries • President is chief clerk

3. The Modern Presidency, FDR • Policy • Wins World War II • Ends the Great Depression • Ends economic insecurity with Social Security • Fights for working man (unions, minimum wage) • Fights for farmers (income supports etc) • Political Ramifications • Increased expectations of presidency • Increased staff, resources

4. Consequences of Modern Pres • Chief lawmaker • More uses of unilateral power • Shift in quality and quantity of attention paid to president • http://www.whitehouse.gov/news • What do presidents do

5. Hallmarks of the Modern Presidency • Increased Popular Linkage with Public • Increased institutional powers

6. Presidential Approval • Going Public Strategy • Gallup Poll since 1948 • “Do you approve or disapprove of the way ___ is handling his job as president” • Why the Framers would be horrified

7. Public Approval of President • Honeymoon • General decline • Economy • Rally events and scandals • Beyond Presidential Control

8. Bush’s Strategy • How does Bush compare to Clinton? • How successful was Bush in going public on tax cuts?

9. Does PopularitySuccess? • Clinton’s uneven record • Truman, “A man who is influenced by the polls or is afraid to make decision which may make him unpopular is not a man to represent the welfare of the country”

10. Institutional Presidency • Jefferson in 1900 had 2 assistants • Brownlow Committee • “The president needs help” • President not Congress should be in charge of executive branch

11. Implications of Instit. Pres • Radical change in system of government? • Increased presidential control of policy making and centralization of the decision making • Increases potential for screw ups • Iran Contra • Reduced accountability

12. Good/Great Truman Eisenhower JFK LBJ Reagan Clinton Bad/Failures Nixon Ford Carter Bush Ranking Post WW II Presidents

13. World’s Greatest Clerkship • Neustadt, Presidential Power (Al’s prof) • power of president do not flow from literary reading of constitution • “presidential power is power to bargain” • Decisions are not self executing JFK, Cuban Missile Crisis

14. Transition from Historical to Modern Presidency • Historic Presidency • President is a clerk • Congress #1 • Modern Presidency • Increased popular expectations • President #1 • No change in formal powers

15. Modern Presidents Response • Have immense staff of political, policy, and partisan experts • Institutional presidency • Devote tremendous time and resources to manipulating public image • going public • Clinton and Oklahoma City bombing • Are presidents stronger– YES, but expectations outstrip capacity

16. Limited formal powers=constant bargaining • President can • Nominate judges, but • Propose trade treaties, but • Propose popular legislation, but • Propose spending less on military golf courses, • Propose executive priviledge for aides, but court • Will Presidents keep their promises? • Constitutional odds are stacked against them!

17. Neustadt- President is the most distinguished office clerk • Have limited formal powers, decisions are not self executing • Gays in the Military • Congress • Sam Nunn on the submarine • Don’t ask, don’t tell in budget bill • C in C of Military • Cruising chat rooms and gay bars • 3 x as many expelled

18. Lessons Learned • Formal powers are minimal • Can propose legislation, C in C • Dependent on other institutions • Informal powers are crucial • Presidential power is power to persuade • Presidents have to bargain

19. Informal Powers • Professional reputation • Electoral results • Bargaining with legislators • Personal appeals • The Carrot • the stick in Alabama! • Truman, Marshall Plan

20. Is a strong president good? • Framers • Can a president represent an entire nation • Woodrow Wilson/Teddy Roosevelt critique

21. Presidential Power- 2 views • It is not only the president’s "right, but his duty to do anything that the needs of the nation demanded unless such action was forbidden by the Congress." T. Roosevelt • The president can exercise no power which cannot be fairly and reasonably traced to some specific grant of power .. either in the federal constitution or in an act of Congress. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest. William Taft 1916.

22. Informal Powers • Professional reputation • Electoral results • Bargaining • Carrot and the stick • Marshalling public opinion (going public) • Truman, Marshall Plan • Clinton, Gays in the Military

23. Presidential Power • Empirically, presidential power is increasing • Increased popular linkages • Increased institutional resources • Presidents have incentive and capacity to be as powerful as possible

24. Presidential Power- 2 views • It is not only the president’s "right, but his duty to do anything that the needs of the nation demanded unless such action was forbidden by the Congress." T. Roosevelt • The president can exercise no power which cannot be fairly and reasonably traced to some specific grant of power .. either in the federal constitution or in an act of Congress. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest. William Taft 1916.

25. Textbook President • Formal powers– president is unconstrained • Normative- president ought to be powerful • President is activist, has a program, sets agenda, accepts responsibility for what happens. • Good issue based elections, unified government

26. Normative Question • FDR, JFK, Savior model- 1950s and 60s • LBJ, Nixon Satan model, or Imperial Presidency • Ford, Carter Sampson model • Reagan– partisan presidency