Hail to the Chief

Presidential Quotations

President Harry S. Truman "I sit here all day trying to persuade people to do the things they ought to have the sense to do without my persuading them. That's all the powers of the President amount to."

Truman, 33rd President, 1945-53

President John F. Kennedy

“No easy problem ever comes to the President of the United States. If they are easy to solve, somebody else has solved them.” President Kennedy’s nationally televised address during the Cuban Missile Crisis, October, 1962

President Lyndon B. Johnson

“The presidency has made every man who occupied it, no matter how small, bigger than he was; and no matter how big, not big enough for its demands.” President Johnson, 36th President, 1963-69

President Richard M. Nixon

"Under the doctrine of the separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government." In the aftermath of the Watergate scandal, President Nixon departs the White House after his resignation, Aug., 1974

President George W. Bush

“To those of you who received honors, awards, and distinctions, I say 'Well done.' And to the C students, I say 'You, too, can be president of the United States.'” President George W. Bush, speaking at Yale University's 300th commencement ceremony President Bush, 43rd President, 2001-present

Chapter 12

Theme A

–

The Power of the President

Theme B

–

The Institutionalization of the Presidency

Theme C

–

Presidential Succession

The Modern

Imperial

Presidency

► What does the term

imperial

imply?

► What factors contribute to this?

 Crisis  Other branches  Public  Personality Imperial Presidency is a term that became popular in the 1960s and that served as the title of a 1973 volume by historian Arthur M. Schlesinger, Jr. to describe the modern presidency of the United States. The author wrote

The Imperial Presidency

out of two concerns; first that the

US Presidency was out of control

and second that the

Presidency had exceeded the constitutional limits

.

Presidential Benefits

       

$400,000 tax-free salary $50,000/year expense account $100,000/year travel expenses The White House Secret Service protection Camp David country estate Air Force One personal airplane Staff of 400-500 Christmas at the White House, 2004

Presidential Powers: According to the Constitution

Look at Student Handout 1 and explain this quote: “The President’s powers are and

vaguely defined

”

broad

,

Requirements for Office:



must be a natural born citizen



at least 35 years of age



must have been a resident of the US for 14 years Powers as Commander in Chief:



Commander in Chief of the Army & Navy

 

military

    

Commander in Chief of the state militias (now the National Guard) Commission all officers Note: importance of civilian power over the Powers as Chief Executive of the Government:



“faithfully execute” the laws



require the opinion of heads of



executive departments grant pardons for federal offenses except for cases of impeachment



Nominate judges of the Supreme Court



and all other officers of the U.S. with consent of the Senate Responsible for all Cabinet Departments and their decisions.

Powers in Foreign Affairs:



appoint ambassadors, ministers and consuls make treaties subject to Senate confirmation receive ambassadors Legislative Powers: Give State of the Union address to Congress Recommend “measures” to the Congress Upon “extraordinary occasions” convene both houses of Congress List the appropriate Constitutional Requirement or Power: 1.

George Washington gave first State of the Union Address. (1790) 2.

3.

President Clinton appoints former POW Douglas Peterson as the first U.S. Ambassador to Vietnam since the end of the war (1997) President Kennedy negotiates the Nuclear Test Ban Treaty with the USSR (1963) 4.

5.

6.

7.

Eisenhower deploys the U.S. National Guard in Little Rock in 1957 to integrate Central High School.

Washington seeks the advice of Alexander Hamilton and Thomas Jefferson regarding the creation of the first Bank of the United States. (1789) President Ford pardoned Richard Nixon. (1974) President Reagan appoints Sandra Day O’Connor as the first 8.

9.

10.

11.

woman justice of the Supreme Court. (1981) Former California Governor Arnold Schwarzenegger will never be President of the United States.

President Obama gives a press conference ensuring Americans that, despite its flaws, the HealthCare.gov website will be operational by Jan. 1 st for all citizens to register for the mandated ObamaCare health insurance exchange.

George W. Bush used recess appointment to appoint John Bolton as Ambassador to the United Nations after a prolonged Senate filibuster (2005) When reports surfaced that the IRS was using its authority to 12.

13.

14.

15.

16.

17.

harass republican organizations, such as the Tea Party, President Obama came under fierce scrutiny and demands were made that appropriate disciplinary action be taken.

Despite his undeniable charm, charisma, and massive popular support among the “common folk,” Mr. Meiser cannot accept his party’s nomination for Presidential Candidate until 2020 George W. Bush issues an invasion of Iraq without a Congressional Declaration of War.

FDR sends to Congress comprehensive legislative agenda known as the New Deal (1933) Truman convenes special session of congress to urge enactment of his domestic agenda Abraham Lincoln ordered a blockade of the South during the Civil War.

President Clinton submits his budget proposal to Congress, only to have Speaker of the House Newt Gingrich and Congress reject it causing a temporary government shutdown.

Presidential Roles

Chief Executive

President Clinton with Janet Reno, the first female Attorney General, February, 1993 President Bush holds cabinet meeting in October, 2005

Commander-in-Chief

President Johnson decorates a soldier in Vietnam, October, 1966 President Bush aboard U.S.S. Lincoln, May, 2003

Head of State

Queen Elizabeth and President Reagan, 1983 President Kennedy speaks at Berlin Wall, 1963

Foreign Policy

Chief Legislator

President Clinton delivers the State of the Union Address, 1997 President Roosevelt signs into law the Social Security Act, 1935

Political Party Leader

President Reagan & Vice-President Bush accepting their party’s nomination in 1980

Crisis Manager

President Bush at Ground Zero after 9-11 Vice-President Johnson sworn in aboard Air Force One after President Kennedy’s assassination, 1963

Moral Persuader

President Lincoln during the Civil War, 1862 President Roosevelt and the “Bully Pulpit,” 1910

Informal Powers

• • In the modern era the President’s informal powers may be significantly more powerful than his formal powers

Implied

from Executive Power clause

“take care laws are faithfully executed”

Executive Orders

• Pres. Directive that becomes law w/o cong. Approval • Pertains to existing statues or other Const. responsibilities • Usually to Gov’t agencies and officials • Impact avg. citizen – Truman desegregation of military – “Don’t ask don’t tell” – Internment of Japanese Americans – GWB banning federal funding to planned parenthood-Obama reversing that decision – Obama’s amnesty to immigrants

Notice for Japanese “relocation,” 1942

Executive Agreements

• International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval • Usually an extension of a treaty approved by Senate OR an act already approved by Congress via Joint Resolution.

– Jefferson’s purchase of Louisiana in 1803 – GWB announced cuts in the nuclear arsenal – Annexation of territory

Executive Privilege

• Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress • Used when trying to withhold information or documents from other branches of government (Congressional

subpoena

) • Relies on Sep. of Powers doctrine & “confidential advice” •

United States v. Nixon

(1973) – presidents do NOT have unqualified executive privilege

Signing Statements

1.

2.

3.

Cooperative Quiz 1

Making Connections Analyzing Presidential Decisions

• Presidential Roles, Formal & Informal Powers: 18-19 = 20/20 16-17 = 19/20 14-15 = 18/20 12-13 = 17/20 10-11 = 16/20

The Presidency on Trial

Assessing the Limits of Presidential Power

Formal Checks on Presidential Power

Congressional Checks on the President (Article I)



Make laws (ex: War Powers Resolution)



Override presidential vetoes



Power to declare war



Power of the purse (taxes and funding)



Regulation of the land and naval forces



Impeachment

Limits on Presidential Power (Article II)



President must deliver State of the Union address



Senate approves treaties, ambassadors and department appointments



“ Advice and consent ” appointments ( Senate ) of federal judge

Judicial Checks on the President



Judicial review (Marbury v. Madison)



Chief Justice presides over presidential impeachment trial (Article I)

Constitutional Amendments

20 th – “Lame Duck” & succession of “president elect” 22 nd – Presidential term limits (2 terms; 10 years total) 25 th – Presidential disability and succession

Limits on Presidential Power: Informal Checks

Public Opinion

In a televised address in March, 1968, President Johnson announced he would not seek the Democratic nomination for president due to sagging public support for his administration and the war in Vietnam.

Though he enjoyed record public support during the Persian Gulf War, President George H. W. Bush saw his numbers dip dramatically in the polls and he lost his re-election bid to democrat Bill Clinton in 1992.

The Media

Partisan Politics

Howard Dean, Chairman of the Democratic National Committee and vigorous critic of the Bush administration, May, 2005 Speaker of the House Newt Gingrich (R) battles President Bill Clinton (D) over the national budget resulting in the shutdown of the federal government in 1995

Congressional Investigations

Senate Banking Committee begins its investigative hearings on the Whitewater scandal during the Clinton administration (1994) Oliver North testifies before Congress at the Iran-Contra hearings during the Reagan administration (1987) Former FEMA director Michael Brown testifies before the House Select Committee on Hurricane Katrina, Sept., 2002

Interest Groups & NGO’s

The National Right to Life Committee and other pro-life interest groups spoke out against President Clinton’s veto of the ban on partial birth abortion, 1996 The National Organization of Women, Cindy Sheehan, and others protest the war in Iraq, April, 2006

Presidential Powers Struggle “Tug of War”

Growth of Imperial Presidency A.

War Powers (Gulf of Tonkin) B.

C.

D.

Line-Item Veto (Clinton) Executive Privilege (Nixon) Impoundment of Funds (Nixon) Congress/S.C Strikes Back: Power to Say No A.

War Powers Act 1973 B.

C.

D.

Clinton v. City of New York US v Non 1972 Budget Reform Act

Theme A Quiz

Part I. Making Connections: In-class Cooperative Application of knowledge 50 pts

2010. I put it on ning and after covering Them a gave them two days to complete. Just told them it would be for a grade. Tell them to list as many as the scenario suggest!!!!!

NEXT YEAR DO NOT SHOW HOW MANY THEY NEED. JUST TELL THEM THEY EARN POINTS BASED ON HOW MANY THEY ACCURATLY IDENTIFY AND DESCRIBE

Theme A Quiz

Part I. Making Connections: In-class Cooperative Application of knowledge 50 pts F

Approximately 15 Formal Checks identified within the 10 examples

F F F F

14-15 Formal Checks = 25 pts 13 Formal Checks = 23 pts 11-12 Formal Checks = 21 pts 10 Formal Checks = 20 pts

F

Approximately 15 Informal Checks identified within the 10 examples. (Some examples may not have any informal checks)

F

14-15 Informal Checks = 25 pts

F F F

13 Informal Checks = 23 pts 11-12 Informal Checks = 21 pts 10 Informal Checks = 20 pts

Title: "Bill Clinton's Christmas present from the U.S. House."

Artist: John Pritchett Date: unknown Source:

http://www.pritchettcartoons.com/ gift.htm

Title: “The Madness of King George"

Artist: Drew Sheneman, The Newark Star Ledger Date: December, 2005 Source: http://www.cagle.com/news/DomesticSpying/1.asp

Theme B

The Institutionalization of the Presidency “You get a seat at the table, but the table doesn’t get used.”

Which of the following groups do you think this quote is referring to and why?

     Vice President White House Staff Cabinet Secretaries National Security Council EOP (Executive Office of the President)

Theme B

The Institutionalization of the Presidency

  Administration of the

White House

 White House Staff  Organizational Structure Administration of the

Government

 Executive Bureaucracies    (pg382) Cabinet National Security Council EOP (Executive Office of the President)

Executive Institutions and Policy Influences Public Press Congress Government Account Office Congressional Budget Office Radio/ Television Senate Committees Armed Services Foreign Relations Budget Interior CIA DOE Executive Departments and Agencies Executive Departments Arms Control Agency Domestic Council Close White House Office House Committees Treasury Armed Services International Relations Budget NSC President FBI Rules Energy and National Resources State OMB Appropriations National Security Agency Advisors Office of Science and Technology Policy Defense OSD, JCS, Army Navy, Air Force, DIA Council of Econ Advisors Justice Commerce Science and Technology Appropriations Governmental Affairs Governmental Operations Interest Group Interested Individuals

White House Office

 President’s closest assistants (West Wing)  Not confirmed by Senate.

 Functions: Pg 343 “How Things Work”  Myth : Coordinate Flow of Info  Reality : Development of Policy  “Liaison” for President  Clinton = 500 staff w/ 35.4 million budget

West Wing Tour

Organization of WHO

 3 Ways Presidents organize their staff    Pyramid Structure Circular Structure Ad-Hoc (task forces, committees, informal groups of friends and advisors)

Advantages and Disadvantages

1. Look at each diagram. Brainstorm at least 3 advantages and disadvantages of the organization.

(Keep in mind the function and purpose of the White House Office)

2. Identify the Pyramid diagram from the Circular diagram 3. Which one appears to be more Practical?

What do you think is the purpose of this meeting?

How important is it? How do you know?

The Cabinet

    Heads of 15 Departments Executive Appointed and Confirmed by Senate Large Bureaucracies  HHS 100 pol appointees, 65,000 employees, 11 divisions, 460 b budget Pro’s and Cons

President’s Cabinet

1.

How was Washington’s Cabinet different?

2. What role did FDR play concerning the Cabinet?

3. What is the major responsibility of Cabinet officials today?

4. What criteria is used in choosing a Cabinet Secretary?

5.

How was President Bush’s cabinet unique?

David Greenberg, columnist for

Slate

magazine.

The usefulness to the president of having cabinet members as political advisers is undermined by the fact that A) the president has little latitude in choosing cabinet members B) cabinet members have little political support independent of the president C) cabinet members are usually drawn from Congress and retain loyalties to Congress D) the loyalties of cabinet members are often divided between loyalty to the president and loyalty to their own executive departments E) the cabinet operates as a collective unit and individual members have limited access to the president

The Executive Office of the President

• Umbrella organization that encompasses support staff for President.

• Agencies Report directly to President • Top positions in these Organizations must be confirmed by Senate

Executive Office of the President

OMB: Office of Management and Budget ( NOT CBO )

 Assemble and analyze the figures that go into Pres. Budget  Propose budget cuts for each Cabinet Department and other agencies

National Security Council



advise and assist the President on national security and foreign policies.



serves as the President's principal arm for coordinating these policies among various government agencies



members include: NSA, SOS, SOD, HLS, Chairman of JCofS, CIA director, President and VP

Theme C

Presidential Succession

Question of the Day?

Who is the only person to become

both

V.P. and President without gaining one vote from the people?

Order of Succession (I)

  Constitution    President Vice-President “Congress may by law provide for the case of the removal, …, both of President and Vice President, declaring what officer shall then act as President.” (Article II, Section 1) Presidential Succession Acts of:  1792, 1886, 1947

Order of Succession (II)

 Presidential Succession Act of 1947   President (Obama) Vice President (Biden)    Speaker of the House President pro tempore of the Senate Cabinet secretaries in order of office creation  State  Treasury    Defense Attorney General etc.

      Replacing the Vice President & Presidential Disability If the Vice President dies in office who should become his successor?

If the Vice President is Impeached, who should become his successor?

If the President has a heart attack and is in surgery for 4 hours should he still have Presidential authority?

If the President is in a coma should he still have Presidential authority? If the President is suffering from a debilitating disease (Parkinson's, Alzheimer's, MS) should he still have Presidential authority? If the President’s wife is taken hostage, should he still have Presidential authority?

Replacing

 There are 2 Parts of the 25th Amendment Look up the 25th Amendment.

 Fill in the Flow Chart on the following slide that outlines the procedure for:  Removing the President from office

Scenario A: Willing

25

th

Amendment

Scenario B: Unwilling

Scenario A: Willing

25

th

Amendment

Scenario B: Unwilling

Pres. Tells Pres. Pr. Tem. & Speaker he can’t perform his job V.P. and maj. of Ex. Officers informs Pres. Pr. Temp & Sp. That Pres is unable to perform his duties V.P. assumes power Pres. Informs Pr. Pr. Te. & Sp. that no inability exist and he resumes power w/in 4 days V.P. and maj. of Ex. Officers inform Congress that Pres. is unable to perform duties Pres. Regains power when he is ready Cong. has 21 days to decide. Need 2/3 vote

Wrap-up “Theoretically” A. Pres. Has less ability to decide what laws gets passed than does a British P.M.

B. Separation of Powers produces gridlock, which may or may not hold up legislative process C. Is it one or the other: “Imperial Presidency?” Or “Pitiful, helpless giant?” D. Should it be an

Imperial Presidency???

How can it be while the current system of Separation of Powers still exist

Article:

Separation of Powers: Let’s Change the Constitution

Divided Government & Gridlock Divided government = a gov’t in which one party controls the With House and a different party controls one or both chambers of Congress United government = Gridlock = an apparent stalemate, or impasse that cannot be resolved between Congress or Executive Branch

Which is more likely to create Gridlock?

David Mayhew —Political Scientist studied 267 pieces of legislation between 1946-1990 *1900-1952 twenty-two of twenty-six elections created united *1952-1996 fifteen of twenty two elections created divided claimed that significant legislation would have been passed regardless of who’s in power.

Ex. Marshall Plan, 1986 Tax Plan

Why

?

—“Unified” government is somewhat of a myth 1. Differences in constituents and ideology (liberal vs. conservative democrats) 2. Separation of Powers creates a rivalry for power

War Powers

► ► ► ► ► ► ► A.War powers. 2.

3.

4.

1.

Constitutional conflict of Congress’ power to declare war vs. the President’s power as Commander in Chief. In the 18th century, Congress had more time to deliberate war issues; in the modern era, however, Presidents have argued that they need more flexibility to meet rapidly changing conditions. Presidents have sent troops without a congressional declaration of war more than 125 times. This has happened very frequently since 1945. Congress has in fact generally gone along with these operations, and has of course funded them, as well. When public opinion turns against the operations, however, Congress has often responded. 5.

One of the reasons Congress has gone along with these operations without a formal declaration of war is that such a declaration carries with it the transfer of great emergency powers to the President that Congress may not want to grant. B. Emergency powers: In time of war or emergency, the President assumes great powers.

War Powers

► Time has shifted Power from Cong-Pres ► 125 times Presidents have sent troops without a congressional declaration of war more than. ► Congressional Approval  Power of Purse  Emergency Powers a) suspension of habeas corpus b) censorship of mail c) control of manufacturing d) control of communication e) control of transportation f) declaration of martial law

War Powers

 Actions not sought permission for: ► Invade Grenada (Reagan) ► Bombing Libya (Reagan) ► Troops in Lebanon (Reagan) ► Invasion of Panama (Bush) ► Bombing Kosovo (Clinton) ► 1999: 26 members of Congress fail in forcing Clinton to obtain congressional approval for Kosovo airstrikes

War Powers Act 1973

► Passed over Veto ► Restrictions on Presidents ability to use Military force    Report in writing 48 hrs after troops sent Need

Congressional approval

after 60 days W/o approval troops must return ► Impact  Congressional inability