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Presidency

Presidency. 3 December, 2007. The President As Legislator: The Veto. Perhaps the president’s most formidable tool in dealing with Congress is the veto. Constitution defines the veto precisely.

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Presidency

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  1. Presidency 3 December, 2007

  2. The President As Legislator:The Veto • Perhaps the president’s most formidable tool in dealing with Congress is the veto. • Constitution defines the veto precisely. • Used relatively rarely – most used by Gerald Ford. In the past 50 years, the average is fewer than 10 vetoes a year. • The veto allows the president to block congressional action, but does not allow the president to substitute his own policy preferences.

  3. Presidential Vetoes Over Time

  4. The Process Reviewed

  5. Presidential Power • Leadership gravitates to presidents during crisis, but then dissipates quickly as the crisis recedes. • Source of Power - Delegation of power from Congress and successful presidential assertions of authority (e.g. War Powers Act 1973) • President as commander in chief and head diplomat

  6. Presidential Popularity

  7. Bush’s Approval Ratings

  8. Bush’s Approval Ratings

  9. Approval by Party Identification

  10. The Economy

  11. Voters’ Focus on Presidents • Voters expect president to act in area of foreign affairs. • Support the president in crisis situations. • “Rally ‘round the flag” effect: The tendency for the public to back presidents in moments of crisis. • While voters are supportive initially, they tend to demand quick results, and often forget foreign policy accomplishments, particularly if domestic economic issues become concerns.

  12. Handling Situation with Iraq

  13. Terrorism

  14. How popularity can influence Congress • Opposition party can substantially increase support (1/3rd of total support) • Presidents may behave differently (less willing to compromise?) • Who gets credit

  15. Reasons for Influence on Own Party Members • Policy agreement • Successful president helps party • Small favors • Fundraisers, photo op

  16. Reasons for Less Influence on Own Party Members • No sanctions • Little personal contact between president and rank and file members • Different constituencies • National vs. district/state

  17. War Power • Presidents have more constitutional discretion with respect to foreign policy. But, presidents may not act contrary to the expressed will of Congress.

  18. War Power • Prior to Civil War presidents seldom acted on their own on military matters. • Abraham Lincoln first to action based on an expanded interpretation of commander in chief. • Theodore Roosevelt: sent ships to Japan without Congressional approval of cost • Not since WWII has Congress officially declared war. • Truman fought the Korean War without any congressional declaration at all.

  19. Vietnam • Focused attention on the issue of executive authority • Eisenhower and Kennedy sent “advisors” • Johnson asked for Tonkin Bay Resolution • Authorized response to attack with armed force (was told that U.S. had NOT invaded N. Vietnam’s territorial waters – but in reality they had) • Gave president the authority “to take all necessary measures” to repel any attacks and to “prevent further aggression.” • Resolution was legal basis for a war that would last 8 more years but based on misinformation from the Johnson administration.

  20. War Powers Resolution • 1973 congressional resolution requiring the president to notify Congress formally upon ordering U.S. troops into military action. • Troops must be withdrawn unless Congress approves the presidential decision within 60 days after notice of the military action has been received.

  21. War Powers Resolution & 9/11 • At Bush’s request passed war on terrorism resolution. • One dissenting vote in the House. • President authorized to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on Sept 11, or harbored such organizations or persons, in order to prevent any future acts of international terrorism.” • No limit placed on time period in which president may act. • Second resolution focused continuing threat posed by Iraq. But required Bush to exhaust “diplomatic or other peaceful means” of resolving the conflict prior to resorting to force.

  22. Treaty Power • Treaties are official agreements with foreign countries that are ratified by the Senate (by 2/3rds). • Because a small number of Senators can block a treaty, Presidents opt instead for executive agreements • These are agreements with foreign countries that require only a presidential signature. Power not found explicitly in the Constitution. • Most executive agreements either are extensions of treaties ratified by the Senate or involve routine presidential actions that have been authorized by Congress.

  23. 0 Policy Responses to 9/11 • Military Response • Invasion of Afghanistan • War in Iraq • Economic • Airline relief bill (October 2001) • National Security • Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he determines planned…the terrorist attacks” • Patriot Act (October 2001) • Department of Homeland Security

  24. 0 Patriot Act Provisions • Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected terrorists. • Makes it illegal to knowingly harbor a terrorist • Authorizes "roving wiretaps," • Allows the federal government to detain non-U.S. citizens suspected of terrorism for up to seven days without specific charges. • Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. • Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors • Expands measures against money laundering • Eliminates the statute of limitations for prosecuting the most egregious terrorist acts

  25. 0 The Patriot Act – A Threat to Civil Liberties? • Change in protections from unreasonable search and seizure • Detention of non-citizens, immigrants • Racial profiling

  26. Civil Liberties • We classify as civil liberties the Constitution’s protections from government power. • Freedom of speech, religion and the right to privacy are examples. • Typically violations of these liberties occur when some government agency, at any level, oversteps its authority.

  27. Who protects civil liberties? • Does the constitution guarantee certain absolute civil liberties? • Truth is that our interpretations of these freedoms constantly change. • Question of how to balance individual liberties with societal rights

  28. Courts and Civil liberties • What power does the Supreme Court have? • Judicial Review • Marbury v. Madison (1803) • The “midnight” appointments by Adams, Jefferson’s response, the request for writ of madamus (a court order) under the Judiciary Act of 1789 and the decision.

  29. SC hears cases on “Enemy Combatants” • Hamdi v. Rumsfeld and Rumsfeld v. Padilla • The key figures in the cases are both American citizens: Yaser Hamdi is a U.S.-born Saudi-American who was captured during fighting in Afghanistan in 2001 and Jose Padilla is a former Chicago gang member who traveled to Afghanistan and Pakistan before being arrested at a Chicago airport in 2002 on suspicion of plotting to detonate a radioactive "dirty bomb" in the United States. • At issue is Habeas Corpus: an individual’s right not to be imprisoned unless charged with a crime, except in time of “rebellion or invasion”

  30. Supreme Court Decision • On Hamdi, the Court (8-9 decision) agreed that the Executive Branch does not have the power to hold indefinitely a U.S. citizen without basic due process protections enforceable through judicial review. • The Court did not reach a decision in the Padilla case because it found that it was improperly filed. On April 3, 2006, the U.S. Supreme Court declined to hear Padilla's appeal that the President had the power to designate him and detain him as an "enemy combatant" without charges and with disregard to habeas corpus.

  31. Cases Involving Civil Liberties • Free Speech, Schenck v. United States (1919) • clear and present danger • Freedom of Press, New York Times v. Sullivan (1964) • Libel violates 1st Amendment • Obscenity, Roth v. United States (1957) • Court attempts to define obscenity • Establishment Clause, Lemon v. Kurtzman (1971) • Three part test for judging constitutionality of division between church and state • Gun Control, United States v. Miller (1939) • 2nd Amendment does not provide for absolute guarantee • Right to Privacy, Roe v. Wade (1973) • Landmark case on abortion

  32. Checks on the Judiciary • Executive Checks • Appointments • Legislative Checks • Appropriation of funds • Constitutional amendments • Amending laws to overturn court’s rulings • Public Opinion • Influence judicial opinions • enforcement • The Court • stare decisis • Judicial restraint

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