Congress and the President

Chapter 13 AP Government: Mrs. Papish Congress and the President

Separate but Equal Branches • Congress-originally to be the powerhouse of government • Power of purse, commerce, currency, military and still play a role in military and foreign policy (Declare War, Approve Treaties) ~Implied powers

Other Powers of President President Carter (1977) unconditional pardon to draft dodgers.

Judicial Powers of President • —Article II, Section 2, Clause 1 • A reprieve is the postponement of the execution of a sentence. • A pardon is legal forgiveness for a crime. • These powers of clemency(mercy or leniency) may be used only in cases of federal crimes. • Commutation: reduction of sentence • Amnesty-pardon for an entire group of offenders

Over time, Presidents power increases first with Jefferson’s use of the new political party apparatus to influence Congress • Andrew Jackson used public opinion to gain influence with Congress • Lincoln and FDR use national crises to gain influence over Congress. • Congressionally centered gov slowly evolves, by mid 1900’s , into a presidential centered gov

Role of Congress: Mid 1900’s to Present • Reject Reagan’s request for $$-aid to Contras • Rejects President’s nominees • Even Presidential veto is not a guarantee of influence over Congress • Fewer than ½ of all Presidential initiatives become law • In spite of this, Congress and the President, especially in era of divided government, cooperate.

Sources of Discord • 1. Constitution is ambiguous on division • 2. Divided Government • 3. Public Support • 4. Operating Majorities • Power is divided between the branches and then again within the two chambers of Congress • Power is further divided by different parties

Constitution is Ambiguous • Many argue president’s power is ambiguous and limits are only those specific in the Constitution • Other scholars argue the President does not have inherent powers and does not have intended powers(sim. to implied powers but without Constitutional basis) • Nonetheless, the Pres does exercise powers not expressly granted

Competing Constituencies • Constituency for House-members of district • Constituency for Senate-entire state • HR & Senate-specific, diverse ethnic as well as economic interest • Constituency for President-all U.S. citizens • Why does this cause competition or friction?

Competing Calendars • Constitution insures that the Pres and Congress will not share the same terms of office • Different electoral forces at work at different times.

Competing Campaigns • Congress –finance campaign with less/min. assistance from their national party, indep of national platform/party • Campaign-in most cases indep of President

Divided Government • Only JFK, Lyndon Johnson and Carter had unified government but still had trouble winning prized legislation • Need unity for common policy, success and effectiveness of government

Public Support • President held in higher esteem in recent years-Pres. Approval rate is always higher • When President is in decline in polls or for other reasons(Watergate) then the public turns to Congress for leadership

Operating Majorities • Supermajorities needed because Congress/Pres not always supportive of what most Americans want • Filibuster in Senate, Pres veto and Senate treaty approval make super majorities necessary-2/3 majority

The Shifting of Power Between Branches • War Power • Appointment Power • Executive Privilege • Executive Order • The Veto Power • Budget and Spending Power

War Power • Article I-Congress to declare war • Article II-Pres power to wage war as commander-in-chief

War Power • War power of Pres-founders specific in not wanting any chance of abuse of this power • Undeclared War-Korea, Vietnam, Grenada, Panama, the Persian Gulf, Kosovo, Afghanistan • Argument that Pres is best suited to dealing quickly and discreetly with national emergencies

War Power and Congress • War Powers Resolution: • Pres can commit troops only • Declaration of war by Congress • Specific statutory authorization • In a national emergency created by an attack on the United States or its armed forces a. report to Congress w/in 48 hours b. if no declaration of war/or joint resolution in support of Pres. Action troops must return w/in 60 days

Significance of WPR • Congress reasserting itself after decades of Pres expansion of power in this area • Those who believe Pres power should be limited--Argued as giving away power to President • Those who feel Pres should have more military power--Argued as being unconstitutional

Appointment and Confirmation

Robert Bork Nominated to Supreme Court by Reagan, rejected by Senate • Senate only rejected 9 cabinet members and 28 of 145 nominees for Supreme Court • Increasingly a political, partisan process • Detailed background checks, FBI investigations, paperwork for Senate and Office of Government in Ethics—lengthy, tedious procedure

U.S. v Nixon

Executive Privilege • The right to keep executive communications confidential, especially if they relate to national security • Precedent set by George Washington, withheld sensitive documents from Congress info on Indian massacre • No Constitutional basis • Court said exec priv ok but subject to review by Congress and courts

Executive Orders • Can be challenged in courts, overturned by subsequent presidents • Accepted, according to Sup Ct unless in conflict w/existing law or Constitution • Office of Homeland Security created by Bush with exec. order

The Veto Power • Fewer than 10% of all regular vetoes have been overridden • 2/3 in both houses makes this power a vital bargaining chip for the president in the legislative process

Budget and Spending Powers • Constitution gives Congress appropriation of money • President given charge to implement and administer spending • Budget and Accounting Act (1921)gives Pres mandate to submit a budget-OMB

Impoundment • -change purpose of a spending bill-intended to accommodate emergency spending in emergency such as war • Nixon-claims Dems in Congress spending too much so impounds $ • 1974-Cong. Budget and Impoundment Act-sets up Congressional Budget Office, now Pres. Must submit for approval any changes in Congress’s spending measures

Building Coalitions • Pres must win support of public opinion to win over Congress • 1. Congress is responsive to pub opinion • 2. Pub support is crucial to Pres success • 3. Pres must ear pub support of performance but must also take their case to the people. Must do this frequently. • 4. Permanent campaign-White House can persuade and mobilize the public-gain upper hand

Examples • State of the Union and other addresses • News conferences • Meeting with reporters • Reach out to other party members by supporting their programs in exchange for help • Capitol Hill- pres has congressional aides that campaign for support in Congress

Line Item Veto 1996 • Congress votes to allow a President(Clinton) to veto select lines or items of spending on legislation but not the entire bill before signing it. • NY v. Clinton-Supreme Court strikes down as unconstitutional-only formal amendment can change the constitutional law making provision

The President’s Agenda • KEY: Power to persuade differentiates job of president from that of glorified clerk • Presidential Resources for making and influencing policy • Political resources-mandate • Personal resources • Policy making cycle

Political Resources • Pres with: 1. large electoral margin; 2. high approval ratings; and or 3. party majority in Congress; This is called a mandate -or a perceived level of support for President’s policy initiatives

Policy-Making Cycles *Depends on shifts in Congress, approval ratings, political resources erode as time goes on • Lobbying tools • 1. Leadership meetings • 2. Bill signing ceremonies • 3. Patronage • 4. Campaign aid • 5. Constituency favors

Congress and the President