Chapter 12- The Presidency

1. Chapter 12- The Presidency (1). Outline the presidency's development in theoryand legal & political independence. (2). Examine the President’s constitutional powers, and those shared with Congress, to include: shared powers, enumerated powers, and implied powers. (3). Outline the presidency in practice by which theoretical rules of the office are applied. (4). Discuss the advent of the “modern” presidency and the impact of FDR. (5). Summarize the key roles & responsibilities performed by the president, and contrastChief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader, and CINC. (6). Outline how the President is nominated and how this process has changed over time. (7). Explain how the President is elected, and the significant role of the electoral college. (8). Examine the institution of the Presidency and various sources of Presidentialpower. (9). Contrast the diverse models used by presidents and explain their historic impact. (10). Discuss the organizational structure of the Presidency and key agencies of the EOP. (11). Examine how the office of the Presidency works and the impact of internal factors, to include: EOP functions, Presidential Management Styles, and the role of the Staff. (12). Examine external influences and the impact of expectations on the Presidency. (13). Analyze the modern presidency in political context of: permanent crisis, conflicting expectations, and time & institutional constraints. (14). Compare the various presidential strategies and assess their effectiveness. (15). Examine the diverse relationships which the President must effectively maintain. (16). Assess the future strengths and limits of Presidential power and leadership.

2. Development of the PresidencyConstitutional Rules: Three Primary Characteristics: Independence from other branches Shared powers Vaguely defined powers

3. Legal & Political Independence • Congress & Courts => no major role in selection • Congress only counts electoral college votes • Only selects if no candidate has clear majority • Impeachment rules=> political independence • Examples: A.Johnson & Clinton’s impeachment • Four year term & option for (one) re-election • When FDR bucks precedent => 22nd Amendment

4. President’s Shared Powers • The Constitution both empowers & constrains • Power to appoint Judges & executive officers • Power to make Treaties with other Nations • But above powers constrained by what shared with who? Senate’s role?

5. Powers explicitly identified in the text of the Constitution Enumerated Powers Article II of the Constitution President’s Enumerated Powers

6. Article II of the Constitution Enumerated Powers Powers explicitly identified in the text of the Constitution- To include: • Power to pardon • Recommend legislation • Call Congress to session • Receive Ambassadors • Make treaties • Make appointments • Veto power • Commander in Chief • “Executive Power” What exactly does “vested with Executive Power” mean?

7. The Presidency in Practice Applying the Rules: • George Washington’s precedents: • Proposed & lobbied Congress to his pass agenda • Established principle of confidentiality • Limited Senate’s “advice” to “consent” only • Denied Congress formal role in Diplomacy • Established President as leader of executive branch • Two Term limit informally established (impact?) • Jefferson’s precedents: • Established President as “Leader of the Party”

8. The Presidency in Practice (2) • Andrew Jackson’s precedents: • “voice of the people” (national constituency) • Justification for President’s leadership role • Lincoln’s precedents: • Whatever it takes to protect Union=> peak of Power • Usurped powers of Congress (appropriate $$$ & declare War) • Ignored Constitutional limits (later rebuffed by the Court) • Historical Ebb & flow of Presidential power: • 40 years following Lincoln (Congress took the lead) • Exceptions: TR & WW=> revive growth of presidential powers • TR: progressive domestic & aggressive FP actions (Caribbean) • WW: World War I & “State of Nation” (personal address Congress)

9. Article II of the Constitution Vague Definition of President’s power & authority Impact? Implied Powers Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers Impact on powers of the Presidency? The powers of the presidency have expanded over the last two hundred years.

10. Advent of the “Modern” Presidency • Who is most identified with the start of the “modern” Presidency? • Impact ofFDR: • Preeminent source of national leadership (why?) • Role of FDR during Great Depression & WWII • Effect on all of FDR’s successors ever since? • Key precedent: The First 100 Days • Institutional Leadership: • What are the various roles played by Presidents?

11. The Modern President Institutionalized Leadership Key Presidential Roles: • Chief of State • Chief Legislator • Chief Executive • Nation’s Opinion Leader • Chief Diplomat • Commander-in-Chief

12. Party Nomination General Election Selecting a President The Three Stages of selecting a President? Electoral College

13. Historical Overview: TheNomination Process • Exception to the rule: George Washington • De facto head of government during Revolutionary war • Obvious choice to all as most trusted American leader • Congressional Caucuses (1800-1824) • Role of Congress=> select party’s nominee=> “King Caucus” • Party Conventions (1832-1968) • Originally instituted to dump Jackson’s VP- Calhoun • Whigs established party convention (Clay) vs. “King Andrew” • Role & power of state party leaders (Figure 12-1)* • Loyal party delegates appointed • (Delegate selection tightly controlled by party leaders) • Result: Candidates must make deals & promises (w/Party leaders)

14. Party Convention Nomination System National Party Convention; Selects nominee Rank and File Party Members attend Local Party Convention; Selects delegates State Party Convention Selects delegates District Party Convention; Selects delegates

15. Direct Primary • Role of Progressive movement(1912-1924) • Progressive’s objective: (power of voters over power of Party) • Following initial surge => most States revert to Conventions • Role of Primary system (1928-1968) • Lesser known candidates use Primaries to get visibility • Voter support=> demonstrate candidate’s viability to party leaders • Therefore worthy of serious consideration at Party Convention • Impact of 1968 Democratic Convention (Figure 12-2):* • Chaos reigns => Young vs. old democrats split=> lose election • Result: Democratic Party makesmajor rule changes => impact: • Increased participation of minorities & women (rep. rank & file profiles) • Delegates now allotted in proportion to actual rank & file votes received

16. Percentages of Delegates Chosen by Primaries, 1912-2004

17. Impact of post-1968 Primaries on the nature of Presidential nomination • Importance of early nominating events rises • “Going early” => incentive for candidates • Prompted states to hold primary races earlier • Also known as?*

18. Frontloading • The decision states make to move their primaries and caucuses to earlier dates to increase their impact on nomination process • Impact: • Increased importance of candidate raising early campaign $$$ • Weakened influence of state party organizations in process • Nominee Selection shift: From Congress=> Party=> Rank & File

19. The General Election • Two major changes shifting focus of election? • From Party’s influence to role of Nominee • Emergence of TV & Radio & FECA laws • How has TV & Radio affected election campaigns?*

20. The Influence of Radio & Television Four major effects: • Allows candidates to address voters directly • Increases visibility of each candidate to the voters • Shifted control of campaign to the candidate • Use of mass media has increased $$$ of elections*

21. General Election Campaign Costs1900-1996 2004 2000

22. Important Changes in Campaign Finance Earlier attempts to reign in campaign costs: • Federal Election Campaign Act of 1971 (FECA) • 1974 Amendments to FECA • Supreme Court Decision:Buckley v. Valeo (1976) • (Parts of FECA ruled unconstitutional) • 1979 Amendments to FECA

23. Campaign Finance Laws(The details & changes over time) • FECA of 1971 • First attempt at election reform => • Unintended consequences: loopholes & rise of PACs FECA Regulations (1971): Presidential candidates can contribute no more than $50,000 to their own campaign Limits spending on media ads Candidates must disclose names of anyone who contributesmore than $100 to their campaign

24. Campaign Finance Laws- Details (2) • 1974 Amendments to FECA • voluntary public financing of campaigns (on IRS returns) • Mandatory individual/PAC limits: $1000/5000 • Public campaign financing available if certain provisions met • Overwhelmingly favors two main parties • Limits on candidates own spending if Public $$$ accepted • Buckley v. Valeo* (1976) => undermined above reforms • Court ruling on independent expenditures • 1st Amendmentfree speech protected • (if no contact made with candidate) • (Separate independent & uncoordinated advocacy ads OK) • No Government limitation on candidates’ own expenditure • If no public $$ used (Bush W. during 2000 nomination campaign)

25. The governmentcan limit contributions Buckley v. Valeo The Court Ruled: Independent Expenditures (which are funds raised and spentwithout contact with the supported candidate) BUT (government cannot limit?)

26. Campaign Finance Laws (3) • 1979 FECA Amendments=> • Result:soft moneyincreases • Unlimited contributions to party OK • Considered legal as long as no coordination with candidate maintained • Result=> more $$$ contributed to party • Role of political parties & influence rises dramatically • BCRAaka:McCain-Feingold • Latest Changes: attempt to severely limit soft money • Increased individual contributions to $2000/candidate/election • (Under constitutional challenge in the Courts by opponents) • Result of all of above: • Candidate Centered Campaignsnow dominate (vice Party) • Candidates now in control of their own campaigns

27. Key Questions: Who Elects the President? • Popular vote vs. Electoral vote- who actually elects?* • How are number of electors per state decided? • How many votes needed to win? (margin of victory) • Which states have most electors? (Fig. 12-5)*

28. The Electoral College • The body of electors, whose composition is determined by the results of the general election, that actually chooses the president and vice president. • To win in the electoral college,candidates must secure a majority of the electoral vote.

29. Electoral College (2) – The Unit Rule • Role of unit rule => impact on candidates’ campaigns? • Impact of “winner take all” (of state’s electoral Votes) • Attention therefore devoted to most populous & winnable states • Popular vote & electoral vote can be very different • Potential impact of 3rd party candidates on election • Needed to win election? => • 270 out of 538 electoral Votes • If no majority of electoral votes– who decides election? • Constitution’s guidance & role of House & Senate?

30. Selection Process & Its Consequences for Governing • Should presidents be elected by direct popular vote? • Potential impact on system if approved? • Impact and potential for unanticipated consequences • Urban/coastal population concentrations vs. rural states (West & Midwest) • Impact on states with lower populations? • Impact of changes in presidential selection process in the way Presidents now govern: • More personalized presidencies • Weakened political parties • More spit ticket voting

31. Presidency as an Institution Sources of Presidential Powers: Presidential Precedent The Constitution Statutory Laws

32. Powers of the Presidency The Constitution (Article II) Veto Power Treaty Power Appointment Power

33. Statutory Laws Reprogramming Power Recommend Measures as required Specific example?

34. Budget & Accounting Act of 1921 Presidential statutory power granted by Congress: Central Legislative Clearance The power the Budget and Accounting Act of 1921 granted to the president to create a package of legislative proposals and budgets for congressional consideration.

35. Custom & Precedent Presidential Precedent “So strong is the influence of custom that it seems almost to amend the Constitution.” William Howard Taft • Two Key Factors: • President’s actions if left unchallenged (Dismissal power) • Vague wording => dynamic & flexible reading of powers

36. Models of Presidential Power Three different approaches to Presidential Power: Restricted Prerogative Model Presidents only allowed to exercise powers granted by Constitution or Statutory laws When nation is at stake, President may take any action necessary, regardless of legality Steward Model President, representing the entire nation, must act as a steward Model William Howard Taft Abraham Lincoln Model followed today? Theodore Roosevelt

37. Organizational Structure of the Presidency • Presidency has grown in size and complexity • (especially since 1932) • Historical Development • Washington’s nephew (& “personal secretary”) • Jackson’s “Kitchen Cabinet” • FDR’s Executive Office of the President (EOP) • New Dealprograms &WWII • Agencies needed to perform key functions for president • Examine overview of Executive Branch & EOP

38. Executive Branch * = EOP

39. Executive Office of the President (EOP) What are the four most important offices of the EOP?

40. Key Offices of EOP White House Office Office of Management & Budget (OMB) * The National Security Council (NSC) Office Of the Vice President

41. White House OfficeAKA: The West Wing

42. The West Wing Old Executive Office Building (Staffs)

43. www.whitehous.gov/government

44. Workings of the PresidencyInternal vs. External Factors • Internal Factors: • Functions of EOP Agencies • Advise & support president on public policy • Liaison w/Congress & key Interest Groups • White House Office: • Office of Public Liaison • Office of Strategic Planning & Communication • Key aides=> advance prospects for re-election

45. Internal Factors (2)Presidential Management Styles • Advantages & disadvantages? • Party associations with which Model & why? • Role of the Staff: Neutral competence vs. loyal advocates • Pros vs. cons?

46. External Influences • Expectations of others • Institutionalized expectations of: • Congress, news media, & Public • Expect President to set Nation’s political agenda (FDR) • State of the Union address – presented before Congress • Impact: Constraints & political accountability • Reduce opportunities for abuse of power

47. Assessing the Presidency as an Institution (Summary) • More power acquired over time (implied powers) • Modern organization=> larger & more complex • Workings of office=> powerful & personalized • But also: Constraints on the president’s power: • Constitution, Statutory law, Courts, & informal rules • Expectations: Public, Congress, media, IG, Bureaus

48. Presidency in American PoliticsThe Political Context: Permanent Crisis • Conflicting Expectations of Presidential Leadership • Expectation: Initiative & Responsiveness • Bold & timely leadership & initiative to solve problems • Problem: Public & Congress may or may not follow lead • (Example: President Bush’s proposed Social Security Reform) • Time Constraints=> permanent crisis • Insistent demands & limited time to respond • Ever shrinking Honeymoon period • Strike while the iron is hot – president’s agenda • First One Hundred Days (FDR’s legacy) • Midterm Elections=> diminishing cooperation • Lame duckending – defending past achievements

49. Permanent Crisis (2) • Institutional Constraints? • Constitutional rules=> shared powers • Executive vs. Congress vs. The Judiciary • Must gain cooperation & persuade others=> • Congress, Bureaucrats, & interest groups • National orientation & perspective: • President’s national perspective vs. • Congress’s focus on State or district interests • Broader vs. narrow scope = different priorities

50. Presidential Strategies • Bargaining Strategy(horse trading vs. veto threat) • Nothing succeeds like success (it pays to be a winner) • Advantage of being popular with the people • Impact on Congressional cooperation • Going Public Strategy(Figure 12-7)* • Mobilize public support • Direct appeals to public => over the heads of the media • Usually Presidents use combination of both (above)