The Presidency

1. The Presidency From Chief Clerk to Chief Policy Maker

2. 10 key questions at Convention • Shall the executive be one person or several? • Will Congress select the president? • Shall all citizens select the president? • Shall the president have any role in legislative matters? • Who shall conduct foreign policy? • Who has responsibility of making war ? • How long shall a president serve? • Should a president be removable between elections? • Shall the president alone carry out the will of Congress? • Shall the president have real powers?

3. An energetic president • Hamilton-argues for a limited President… • Fed 69: 4 year term, limited length, removed by impeachment, vetoes overridden, C-in-C, treaties approved by Senate, can’t dissolve Congress • But a energetic president • Fed 70: “energy” in the executive through unity, duration, adequate provision for support, competent powers(“a feeble executive implies feeble execution of the government”) • The executive also a product of many compromises. (Name them) Today, the perception of the President’s power is due mainly to the growth of the mass media, primarily television and radio, as well as the decline in party leadership in Congress

4. President as Head of State • People look to him for guidance and help • 9/11 • Hurricane Katrina • Teddy Roosevelt first 20th century president meaning he believed the president is owed an opportunity to be president, i.e. the bully pulpit; Taft, however, believed in enumerated powers • Who else can do it? The Speaker, the Chief Justice?

5. President as Chief Executive • “He shall take Care that the Laws be faithfully executed.” • Are there limits to the power to “take care”? “I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution.” Lincoln and Presidential prerogative, powers the president may use under certain circumstances

6. Truman and Steel SeizureYoungstown Sheet and Tube v. Sawyer On Executive Powers: “Their use can make a Lincoln or Jefferson administration; their non use can make a Buchanan or Grant administration.

7. Lawmaking through Executive Orderlegally binding orders given by the President, to Federal Administrative Agencies to direct federal agencies and officials in their execution of congressionally established laws or policies, however, in many instances they have been used to guide agencies in directions contrary to congressional intent. • Truman and the desegregation of the military (E.O. 9981) It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible . . .

8. Lyndon Johnson and E.O. 11246 • “all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:” “The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.”

9. Other Executive Orders • Desegregation of schools under Eisenhower • E.O. 9066 established Japanese internment camps during WW II • Kosovo War under Clinton • E.O. 13233 decreed that the papers of Reagan and H.W. Bush were restricted to the public • Only two E.O.’s have ever been overturned

10. Executive Privilege

11. Clinton and the Lewinsky case

12. Bush Administration and Executive Privilege Argued that Executive Privilege precluded Congressional testimony of Harriet Miers and others regarding U.S. Attorney firings.

13. Vice president • This job “wasn’t worth a bucket of warm piss” John Nance Garner • “The most insignificant office that ever the invention of man contrived.” John Adams • There were two brothers, “One ran away to sea, the other elected vice president, and nothing was ever heard of either of them again.” Thomas Marshall, Wilson’s V-P, who was so out of the loop that he found out about Wilson’s paralytic stroke from a reporter and then continued to simply entertain dignitaries because didn’t’ want job • No details in Constitution for his role except to break ties; given no official residence until the 1970s • Historically, given very little power and in most cases not even recognized or noticed by the very president he served under • Truman changed that tradition by raising the salary, given a seal and was included on Cabinet meetings and part of National Security Council • Now they have a West Wing office, large salaries and staffs

14. Vice President Cheney—Executive or Not Vice-president is president in waiting (LBJ - “a heartbeat away from presidency”) Did Cheney run the show? 2001: Congressional probe into energy policy “would unconstitutionally interfere with the functioning of the executive branch.”

15. Cheney in 2007 Regarding issue of handling of classified material: the Vice Presidency is not “an entity within the executive branch.” Claim later withdrawn

16. President as Chief Legislator: Innovative uses of “the veto” • Pocket or “recess” veto, but Congress never really recesses • Veto: FDR 635; Bush 12 (11 when Dems took over) • Item veto: originally passed for a future Bush victory, but Clinton won instead • Item veto declared unconstitutional in Clinton v. New York The Court held that by canceling only selected portions of the bills at issue, under authority granted him by the Act, the President in effect "amended" the laws before him. Such discretion, the Court concluded, violated the "finely wrought" legislative procedures of Article I as envisioned by the Framers.

17. The Signing Statement • 600 total before Bush, 1,100 by Bush challenging constitutionality of laws-so not enforced • Domestic spying • “secret operations” • Torture ban • Obama has continued

18. President as Commander-in Chief • The President shall be Commander in Chief of the Army and Navy of the United States

19. Strategic Placement of Troops: Theodore Roosevelt and the “White Fleet” But how can he be controlled?

20. Korea and Vietnam: Undeclared Wars

21. War Powers Act, 1973 The president is required to: (1) consult Congress “in every possible instance” before deploying forces abroad (relies on their collective judgment); (2) report to both houses within forty‐eight hours and periodically (3) terminate deployment within sixty days of the initial report unless Congress specifically approves or the president requests a thirty‐day extension to protect the safety of personnel. “Act now, inform later”: Iran (Carter) Lebanon, Granada, Persian Gulf (Reagan) Panama (Bush I) Bosnia, Kosovo, Macedonia (Clinton)

22. IV. President as Chief Diplomat • “He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur” • Executive Agreements: Prior to 1940 the US Senate ratified 800 treaties and presidents made 1,200 executive agreements; from 1940 to 1989, presidents signed 800 treaties and approximately 13,000 executive agreements • Bricker Amendment (failed) • Destroyers for Bases; Yalta Conference; Laos

23. Other Duties • Appoints heads of government agencies, which approved by the Senate • The President appoints federal judges • He must give a State of the Union address and can recommend legislation • The President can grant pardons to those convicted of federal crimes

24. The Executive Branch Inner Cabinet: V-P, NSA, State, Defense, A-G, Treasury Cabinet is independent of president and each other; advisors to president; position by patronage, tradition says the president must meet with them

25. Executive Branch continued “runs” government; heads of agencies chosen by president, but can’t be fired by him

26. Executive Office of the President Agencies that perform management tasks; give advice to president Make budget Advise president on security matters Advise president on the economy

27. The White House Office Gatekeeper Friend and advisor to president

28. The President • Constitutional requirements • Natural born citizen • 35 years of age • US resident for 14 years • Serve 2 terms (22nd amendment) • Impeached by House for “high crimes or misdemeanors”, trial in Senate (only 2 impeached) • Unwritten requirements • White males • Protestant • Paid $400,000/year; $50,000 spending allowance

29. Benefits • White House: 132 room mansion on 18.3 acres • Air Force One; fleet of cars; Camp David

30. Line of Succession-25th Amendment • The Vice President Joseph Biden • Speaker of the House John Boehner • President pro tempore of the Senate1Patrick Leahy • Secretary of State John Kerry • Secretary of the Treasury Jacob Lew • Secretary of Defense Chuck Hagel • Attorney General Eric Holder • Secretary of the Interior Sally Jewell • Secretary of Agriculture Tom Vilsack • Secretary of Commerce John Bryson • Secretary of Labor Hilda Solis • Secretary of Health and Human Services Kathleen Sebelius • Secretary of Housing and Urban Development Shaun Donovan • Secretary of Transportation Ray LaHood • Secretary of Energy Ernest Moniz • Secretary of Education Arne Duncan • Secretary of Veterans Affairs Eric Shinseki • Secretary of Homeland Security Janet Napolitano Determined by when each department was created

31. Power of President is power to persuade • Through election victory a president can declare he has a “mandate of the people” and can achieve many of this goals with their support (not so true today) • Honeymoon period of President • President helped by same party domination in Congress unless he is good at appealing to bipartisanship • President can use the media for an unprecedented source of power and persuasion • Bully pulpit used through the media to build support for policies and programs • He is one man whereas the Congress is many • President is the opinion maker, and not the follower, thanks again to the media • Press secretary gets word out through sound bites • Presidents becomes “great explainers”

32. LBJ and “The Treatment”

33. Other factors of success • High Public approval ratings • Presidential lobbying • Threat of presidential veto • Use of patronage powers • Clear presidential priorities • National emergencies

34. Growth of Presidency-George Washington • First “head of state” • Sets many precedents that other presidents followed such as 2 terms, cabinet, “Mr. President” • Asserts the president’s control of foreign affairs by declaring neutrality in the war between France and Britain • Establishes the role of Commander in Chief by defeating the Whiskey Rebellion • He shied from policy initiatives and actually avoided the office and its trappings

35. Thomas Jefferson • Ceases delivering State of the Union addresses in person, instead a clerk in the House read the letter for the President (a trend not broken until Wilson in 1913) • Kept a low profile, but expanded presidential authority with the Louisiana Purchase and fight with the Barbary Pirates

36. Abraham Lincoln • Expands army beyond legal limits and takes military action without approval of Congress • Repeals habeas corpus rights for captured soldiers • Sets the political agenda and waited for Congress to approve it, which it did • (Congress doesn’t regain its authority until after the Civil War)

37. Rise of the Rhetorical Presidencynewspaper circulation increases from 2.6 million to 15 million and population increases from 4 to 76 million (1790-1900) • Teddy Roosevelt • “speak softly and carry a big stick” • Recognizes the power of the media and creates the “bully pulpit” • Creates a good relationship with the press corps • Woodrow Wilson • Wilson believed that the President should employ speeches to create an active public opinion that will pressure Congress • The President should also articulate the public’s wishes to advance HIS legislative program (create a sense of vision)

38. FDR • President becomes communicator in chief • Presidential voice becomes the dominant voice in political dialogue • FDR creates a personal and direct link with the people becomes skilled at molding public opinion • http://www.americanrhetoric.com/speeches/fdrfirstfiresidechat.html • President makes “personal appeals” to the public and looks for their support • FDR ushers in the age of “image”, which is why photographs and information on his health was controlled

39. Rise of television and Ronald Reagan • President always has cameras following him • There is only 1 of him, 535 members of Congress therefore he can monopolize its time and present a focused and unified message • Reagan a masterful communicator whose speeches avoided “unpleasant specifics” • Transforms State of Union address into second inaugural address • Reagan helped by his acting experience and sense of timing