Executive Branch (Presidency)

1. Executive Branch(Presidency)

2. Article II • Section 1, Clause 1: • “The executive power shall be vested in a President of the United States of America” • Executive branch one of the MOST discussed topics at the Con. Convention • Too much power vs. “congressional puppet”

3. Article II • Selecting the president also an issue • Popular vote? • Concern with large states wielding too much power • Selected from Senate? • Elitist, limited candidates, nominations? • Section 1, Clauses 2 - 4: • Electoral College

4. Electoral College • How it works: • http://www.youtube.com/watch?v=ok_VQ8I7g6I

5. Electoral College – WTF? • Framers thought that with each state voting separately, they would elect a “favorite son” • This would mean no clear majority • Then the House decides the election (II,1,3) • Why didn’t this work? • National parties took hold

6. Article II 35 Years old • Section 1, Clause 5: • Requirements to be president • Natural born citizen • Jus soli – by soil • Jus sanguinis – by blood 14 years of residency

7. Article II • Section 1, Clause 6 • Presidential succession • Section 1, Clause 7 • President may get paid • Can’t be increased during term of office • Section 1, Clause 8 • Presidential Oath of office

8. Article II • Section 2, Clause 1 • “The President shall be Commander in Chief of the Army and Navy of the United States” • Also gives the president ability to have a cabinet Provides the ability to make pardons and reprieves

9. Article II • Section 2, Clauses 2 and 3 • Gives president power to make treaties (w/ 2/3 senate approval) • Power to appoint officials (judges and other officers)

10. Article II • Section 3 • Give congress the “State of the Union” • Can call Congress to session • Receives ambassadors • “shall take Care that the Laws be faithfully executed”

11. Article II • Section 4 • “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”

12. Roles and Powers of the President

13. elected by people usually political outsiders cabinet members are outsiders work with divided governments elected by parliament always insiders cabinet members are insiders get most legislation passed Presidents vs. Prime Ministers

15. Roles/Powers of the President • Chief Executive • approve laws, appoint officials, preside over bureaucracy • Commander In Chief • final military decisions, commission officers, military strategy • Domestic Policy Leader • done via “State of the Union”, what’s important

16. Roles/Powers of the President • Foreign Policy Leader • relations with other countries, sign treaties/agreements, much power in this area • Representative of the Nation • top diplomat, head of state • Party Leader • His decisions become “party decisions”

17. Evolution of Power • Presidential Power Exists in 3 “eras” • 1st Era – Early Presidents • Washington – Jackson • 2nd Era – Congressional Dominance • Van Buren – Hoover (excluding Lincoln and T.Roosevelt) • 3rd Era – The Modern Presidents • FDR – Obama

18. Early Presidents(Washington – Jackson) • Stuck closely to formal powers (in Con.) • Worked closely with Congress • Elitist (until Jackson) • Forced to take risks (no precedents) • Bottom line: • Power expanded, but stayed mostly within bounds of Constitution

19. Congressional Power (Van-Buren – Hoover) • Congress begins to reassert power • Unified Congress acts quickly on matters • Reduces importance of “Chief Legislator” • Most 1800’s congresses were “veto-proof” • Speaker of House more powerful • Bottom line: • With a few exceptions, Congress dominated the government

20. Modern Presidents(FDR – Obama) • Massive expanse of power (formal and informal) • People associate events with President more now • 11 of the 13 presidents have made a “significant” change to the office or country • Carter/Ford exceptions, viewed as weaker • Bottom line: • Modern presidents lead, congress follows

21. Modern President order: • Roosevelt: 1933-1945 • Truman: 1945 – 1953 • Eisenhower: 1953-1961 • Kennedy: 1961-1963 • Johnson: 1963 – 1969 • Nixon: 1969-1974 • Ford: 1974 – 1977 • Carter: 1977 – 1981 • Reagan: 1981 – 1989 • Bush: 1989 – 1993 • Clinton: 1993 – 2001 • W. Bush: 2001 – 2009 • Obama: 2009 - ?

22. What did they do? • FDR: new deal, strong personality, fireside chats, wartime president, tried to change SC • Truman: wartime, desegregated military, atomic bomb; • Eisenhower: activated military in peacetime, strong media personality, LONG lasting SC appointments, TVs in white house • Kennedy: strong personality, motivated country • Johnson: “Great society”, civil rights movement assassinations of Kennedy/MLK • Nixon: strong personality, excessive use of executive privilege, opening of China, troops home from vietnam • Ford/Carter-Weaker • Reagan: Economy upswing, strong personality, major use of media, massive use of executive orders • Bush: Wartime • Clinton: Economy upswing, sued as president, • W. Bush: National Tragedy, War, created new cabinet department • Obama: Social networking, motivation of younger voters, massive gov’t spending

23. What’s different w/ modern presidents? • Increased use of media requires stronger personalities for President • Increased communication with people gives impression president is “speaking” on their behalf • Ticket-Splitting = more divided government

24. Informal Powers • Powers not specifically granted by the Con. • Use of media • Executive Orders • Executive Agreements

25. Executive Order • Legally binding directive by the president (acting as chief executive) on an executive agency • TYPICALLY to get the agency to enforce a law a particular way or at a particular speed • Truman – Desegregation of Military • Eisenhower – desegregation of schools • Clinton – granted use of lands for parks/monuments • Reagan – banned use of federal money for abortions • Congress can override an EO by making law more specific

26. Executive Agreement • A foreign policy similar to a treaty made by president with foreign governments • Not binding on future presidents • Does NOT require Senate Approval • Roosevelt – Lend Lease program • Carter – Release of Iranian Hostages • Supreme Court generally supports • From 1939 – 1999 94% of international law done through executive agreement

27. The Power To Say “NO” (Veto) • Veto: refusal to sign a bill passed by both houses of Congress • often accompanied by a veto message that explains the vet • Pocket veto: Congress adjourns in 10 days after passing a bill • Line item veto: would give the President the power to select parts of legislation to pass. • Clinton was given line item veto, but it was taken away in Clinton v. NY • Proponents argue it would prevent riders and Christmas tree bills • Opponents argue it gives the President ability to “re-write” laws.

28. The Power To Say “NO” (Veto) • Executive Privilege: informal power claimed by some Presidents to keep info. Confidential • Kennedy sought to protect his defense department officials • Nixon did not want to hand over Watergate Tapes • Clinton claimed he could not be sued in office • Impoundment of Funds: President refuses to spend money authorized by Congress • Budget Reform Act of 1974 forces President to either spend money or send a message to Congress explaining why money is not spent

29. Vice President

30. Powerful? "the most insignificant office that ever the invention of man contrived or his imagination conceived.“

31. "Once there were two brothers. One went away to sea; the other was elected vice president. And nothing was heard of either of them again." “One word sums up the responsibility of any vice-president, and that one word is "to be prepared”

32. Formal Powers of VP • Succeed the president • Help in decisions of capability to serve • Preside over the Senate • Only votes in case of a tie • Actually counts electoral votes Whoa! That’s it? That’s all I get to do?

33. Informal Powers • None really • Some VPs have taken up their own causes • Gore – Environment • Bush – Deregulation, Drug Smuggling • Recent VPs have been asked for more input and given power by the President in For. Policy • Bush, Cheney, Biden (Gore an exception)

34. Organization of Executive Office and White House Office

35. What is the Executive Office? • Set of groups with the specific task of advising the president on specific topics when requested

36. What is the White House Office • More “administrative” and less “policy-oriented” than the executive office • Handle day to day Presidential activities • Press briefings, stagings, responding to mail, coordinating photo-ops, research, speech-writing, etc

37. Organizational methods - Circular Task Forces White House Office

38. Organizational methods – Ad Hoc Committee Leaders White House Office Task Forces

39. Organizational methods - Pyramid

40. Organizational methods – Pros/Cons • Pyramid Structure: hierarchy of authority • PRO – orderly flow of info • CON – may isolate the president • Circular Structure: roundtable discussion • PRO – much information from direct sources • CON – arguing amongst cabinet members • Ad hoc structure: informal groups of friends and advisers • PRO – flexible and allows outside POVs • CON – may cut off President from people who make implement policy