Chapter 11 (The President)

1. Chapter 11 (The President) I. Presidential Power (apart from the powers in the constitution, the U.S. President has informal powers associated with his rise as a status symbol); many roles… A. Symbolic President (Head of State) – The ultimate symbol of American Politics (more media coverage than anyone else). B. Managing Crises – It seems that the American public looks to the president for comfort and security during times of crisis (Reagan and the Challenger explosion; FDR and great depression). C. Providing Policy Leadership – Most policy initiatives originate in the executive branch. Also, he/she will mobilize political support, rally public opinion, lobby members of Congress, use veto threats, and so on. D. Managing the Economy – They are held responsible (Hoover 1932; Ford 1976; Carter 1980, Bush 1992) for bad economic times, whether they should be or not. E. Managing the Government – (2.8 million bureaucrats); president is ultimately responsible for policy implementation/execution. F. Global President – The “voice” for the U.S. internationally is the president. President orders troops to their deaths; Presidents control the nuclear arsenal; these contribute to the worldwide image that the President of U.S. is the most powerful person.

2. II. Constitutional Powers of the President A. Who? Article II, Section 1; he must be… • Natural Born citizen • 35 years old or older • resident of U.S. for at least 14 years • 1951: Can serve no more than 2 terms according to the 22 amendment (or one full term if a vp must complete more than two years of a previous pres) B. Presidential Succession – (what happens if the President is physically unable to serve?); order of succession Table 11.3 • Disability? - 25th amendment (1967) states that the president will be replaced if the VP and a majority of the cabinet write Congress of the president’s incapacity to govern. The President can appeal formally and resume powers if the VP and a majority of the cabinet can’t maintain sufficient opposition formally within 4 days. Congress can decide to replace him after the final formal declaration if 2/3s of the houses agree within 21 days to remove him.

3. C. Impeachment • House brings charges (articles of impeachment). • Senate must try the impeachment. 2/3s members • Chief Justice presides over trial D. Presidential Pardons – he can pardon anyone for any reason. E. Executive Power – to some extent, the power of the pres depends upon his/her self-understanding of their constitutional role as President. They may take one of three views of the office: • Taft’s restrictive view - the president ought not act unless specifically authorized by the Constitution or Congress. • Roosevelt’s expansive view – the President can act in any way that is not specifically restricted to him by Congress or the Constitution. This has been the most common view. • Lincoln’s conditional view – the president is restricted to specific authorizations UNLESS he is presiding during a period of national crisis.

4. F. Examples of expansive presidential view: • Jefferson and the Louisiana Purchase; he bought it without Congressional authorization. • Lincoln and the blockade, martial law, Emancipation Proclamation. Lincoln argued that he must put aside constitutional concerns in order to secure the nation. “Was it possible to lose the nation yet preserve the Constitution?” • F.D. Roosevelt and the incarceration of Japanese-American citizens subsequent to Pearl Harbor and closing banks; FDR forced thousands of Japanese Americans to leave their homes/businesses until FDR was confident that they were not threats to national security (spies). All of the above are examples of presidents acting either without constitutional/congressional authorization or perhaps even beyond constitutional limits (Lincoln). G. Checking Presidential Power • Though enjoyed great deference, the President’s power even in the name of security has not been treated as absolute (Bush’s unqualified detentions of alleged military combatants at Gitmo reversed by S.C.)

5. H. Executive Privilege - Self-declared Pres right to withhold executive branch communications. Congress has never recognized it as a right. The Supreme Court has largely stayed out of the dispute, but has ruled that the President enjoys no such privilege during a criminal investigation. I. Presidential Impoundment - Impoundment is when a President refuses to spend money appropriated by Congress. The Budget and Impoundment Control Act (1974) requires that a President must spend all of the money unless he/she can convince Congress of a list of items to be postponed or cancelled. J. Congressional Tilt - Congress generally gets the last word according to the Constitution. “Congress is constitutionally positioned to dominate American government. But it is the president who politically dominates the nation’s public affairs.”

6. III. Political Resources (informal powers) of the President A. Presidential Popularity drops with: (next slide) • Scandals (except for Clinton!) • recessions (Bush, Sr. @ 37% from 89% at the end of the Gulf War) • War gone bad B. Access to Media (unlimited/immediate) • call press conferences and speak to the nation to mobilize support IV. Chief Executive (weakened President) • Constitutional executive - Congress is heavily involved in the President’s business through appropriating funds and overseeing executive agencies (oversight committees). • Executive Orders – direct order by president (no need for legislation from Congress); must be based upon Constitutional law or Congressional laws. President’s typically issue 50-100 a year. (i.e. 1948 Truman desegregated the military).

8. Appointments – Of the 2.8 million civilian employees, the President appoints 3,000. Several of these must be confirmed by the Senate. Congress has established the tenure of many agency chiefs; hard for Pres to remove them. • Budget – The Office of Management and Budget (OMB) assists the President with preparing an annual budget to be considered by Congress (C has the C Budget Office). He appoints three professional economists of high standing to the Council of Economic Advisers. • Federal Reserve - The President appoints, Senate confirms, members of the Federal Reserve Board; oversee monetary policy (amount of money circulating in the economy; adjust inflation rate too). • Cabinet – heads of executive departments. Rarely meets as a body to advise the president (Table 11.3 list). Senate must confirm • National Security Council – (P, VP, Sec St, Sec Def, DCI, Chair of Joint Chiefs, CIA director) the “inner cabinet” responsible for advising the president on defense and intelligence related policy. • White House Staff – advise the president, monitor agency operations, set presidential schedule (travel, meetings, speeches), protect and defend the president.

9. V. Chief Legislator and Lobbyist • Policy Initiation – The president’s legislative agenda is usually given priority for congressional consideration. Typically announces his agenda at the State of the Union address in Januarary each year (major speech delivered in person to both chambers of Congress) • White House Lobbying – White House lobbyists are charged with pushing the president’s proposals through committees, floor votes, and both houses. The president may use political threats or deals to twist the arms of members (electoral support, White House event invitations, agency “pork”…). • Honeymoon Period – Early period during a presidents term in which the president is most likely to be, given his national popularity, successful in Congress (Reagan’s largest tax cut, 1981). • Presidential success - the level of success the president enjoys is conditioned mostly by his popularity and especially party control of C.

10. Veto Power – Just the threat of a veto can be used strategically. If the president takes NO action in 10 after passage, the bill becomes law anyway. If Congress has adjourned within 10 days of passage and the president does not sign it, the bill is considered “pocket” vetoed. An override requires 2/3s vote in both houses. 96% of vetoes hold. VI. Global Leader – based upon the president’s power to persuade world leaders. • Foreign Policy – The power of the president to grant diplomatic recognition to nations (international legitimacy) is supremely important. Nations tenaciously seek this of the U.S. because of its advantages in terms of diplomacy, trade, foreign aid, and strategic significance. • Treaties – The president makes and signs international treaties with approval of 2/3s of the Senate. • Executive Agreements – Less formal and less binding than treaties but used by president’s because they are more easily executed than treaties (no Senate approval needed).

11. Intelligence (next slide) – The Director of Central Intelligence is appointed by the president (approved by Senate). He coordinates the CIA, NSA and the National Reconnaissance Office, Nat’l Geo-Spacial Agency as well as the activities of intelligence departments within the Dept. of Defense. The CIA is responsible for covert actions which support U.S. interests (e.g., transfers of economic aid and military equipment to pro-U.S. forces). VII. Commander-in-Chief A. President war-making power is expansive. Why? B. War Powers Act (1973) – Congress tried to limit presidential war-making powers at the end of the Vietnam War. Four Provisions: President can commit troops without declaration ONLY: • to repel or prevent an “imminent” threat of attack • President must report the military commitment promptly to Congress • U.S. involvement must be no longer than 60 days without declaration or other authorizing legislation. • Congress can end a presidential commitment without the president’s signature.

13. C. Presidential Noncompliance: Pres has often ignored this Act for two reasons: • Constitutional Concerns: no presidential signature required and allows Congress, in essence, to move troops (behave as commander and chief) • Popular Support of Presidential Actions: most of the time, the president enjoys public support of military actions; Congress scared to get in the way. VIII. The Vice President A. Political Selection Process – VP’s are typically chosen to “balance” a president geographically or ideologically. Examples: Reagan (conservative) chose his opponent Bush (moderate) • Bush (moderate) chose Quayle (conservative) • Dukakis (liberal, New England) chose Bentson (conservative, Texas) • Clinton (poor military appeal) chose Gore (military service) • Failure = Goldwater chose Miller. Both really conservative. • Gore (tied to Clinton) chose Lieberman (considered moral and religious) • Bush (perception of inexperience/ability) and Cheney (experience and intelligence)

14. Bush, Jr. chose Cheney. They are both conservatives. Mistake? B. Vice Presidential Roles – officially, VP’s preside over the senate (which they seldom do) and cast tie votes there. Perhaps the VP is better useful to launch political attacks on the presidents enemies and/or campaign and raise money for the president. Perhaps, and especially thanks to Gore, the VP is becoming the Senior Advisor to the president. C. Waiting Game? – VP’s typically do what is necessary to position themselves for a run at the top job. Yet, out of 47 former VP’s through 2000, 9 were elected president (only one sitting VP has won election this 20th century; 4 overall).