Transcript Executive Branch (Presidency)

Executive Branch
(Presidency)
Article II
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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
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Too much power vs. “congressional puppet”
Article II
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Selecting the president also an issue
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Popular vote?
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Selected from Senate?
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Concern with large states wielding too much power
Elitist, limited candidates, nominations?
Section 1, Clauses 2 - 4:
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Electoral College
Electoral College
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How it works:
http://www.youtube.com/watch?v=ok_VQ8I7g
6I
Electoral College – WTF?
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Framers thought that with each state voting
separately, they would elect a “favorite son”
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This would mean no clear majority
Then the House decides the election (II,1,3)
Why didn’t this work?
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National parties took hold
Article II
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Section 1, Clause 5:
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35 Years old
Requirements to be
president
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Natural born citizen
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Jus soli – by soil
Jus sanguinis – by blood
14 years of
residency
Article II
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Section 1, Clause 6
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Presidential succession
Section 1, Clause 7
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President may get paid
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Can’t be increased during term of office
Section 1, Clause 8
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Presidential Oath of office
Article II
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Section 2, Clause 1
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“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
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Provides the ability to make pardons and reprieves
Article II
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Section 2, Clauses 2 and 3
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Gives president power to make treaties (w/ 2/3
senate approval)
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Power to appoint officials (judges and other
officers)
Article II
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Section 3
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Give congress the “State of the Union”
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Can call Congress to session
Receives ambassadors
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“shall take Care that the Laws be faithfully
executed”
Article II
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Section 4
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“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”
Roles and Powers of the
President
Presidents
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vs.
elected by people
usually political
outsiders
cabinet members are
outsiders
work with divided
governments
Prime Ministers
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elected by parliament
always insiders
cabinet members are
insiders
get most legislation
passed
Chief of
State
Chief
Citizen
Chief
Executive
Chief of
Party
Chief
Administrator
Chief
Diplomat
Chief
Legislator
Commander
In Chief
Roles/Powers of the President
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Chief Executive
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Commander In Chief
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approve laws, appoint officials,
preside over bureaucracy
final military decisions,
commission officers, military
strategy
Domestic Policy Leader
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done via “State of the Union”,
what’s important
Roles/Powers of the President
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Foreign Policy Leader
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Representative of the Nation
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relations with other countries,
sign treaties/agreements, much
power in this area
top diplomat, head of state
Party Leader
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His decisions become “party
decisions”
Evolution of Power
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Presidential Power Exists in 3 “eras”
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1st Era – Early Presidents
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2nd Era – Congressional Dominance
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Washington – Jackson
Van Buren – Hoover (excluding Lincoln and T.Roosevelt)
3rd Era – The Modern Presidents
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FDR – Obama
Early Presidents
(Washington – Jackson)
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Stuck closely to formal powers (in Con.)
Worked closely with Congress
Elitist (until Jackson)
Forced to take risks (no precedents)
Bottom line:
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Power expanded, but stayed mostly within bounds
of Constitution
Congressional Power
(Van-Buren – Hoover)
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Congress begins to reassert power
Unified Congress acts quickly on matters
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Reduces importance of “Chief Legislator”
Most 1800’s congresses were “veto-proof”
Speaker of House more powerful
Bottom line:
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With a few exceptions, Congress dominated the
government
Modern Presidents
(FDR – Obama)
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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
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Carter/Ford exceptions, viewed as weaker
Bottom line:
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Modern presidents lead, congress follows
Modern President order:
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Roosevelt: 1933-1945
Truman: 1945 – 1953
Eisenhower: 1953-1961
Kennedy: 1961-1963
Johnson: 1963 – 1969
Nixon: 1969-1974
Ford: 1974 – 1977
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Carter: 1977 – 1981
Reagan: 1981 – 1989
Bush: 1989 – 1993
Clinton: 1993 – 2001
W. Bush: 2001 – 2009
Obama: 2009 - ?
What did they do?
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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
What’s different w/ modern presidents?
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Increased use of media requires stronger
personalities for President
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Increased communication with people gives
impression president is “speaking” on their
behalf
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Ticket-Splitting = more divided government
Informal Powers
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Powers not specifically granted by the Con.
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Use of media
Executive Orders
Executive Agreements
Executive Order
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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
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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
Executive Agreement
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A foreign policy similar to a treaty made by
president with foreign governments
Not binding on future presidents
Does NOT require Senate Approval
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Roosevelt – Lend Lease program
Carter – Release of Iranian Hostages
Supreme Court generally supports
From 1939 – 1999 94% of international law
done through executive agreement
The Power To Say “NO” (Veto)
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Veto: refusal to sign a bill passed by both houses of
Congress
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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.
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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.
The Power To Say “NO” (Veto)
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Executive Privilege: informal power claimed by
some Presidents to keep info. Confidential
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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
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Budget Reform Act of 1974 forces President to either
spend money or send a message to Congress
explaining why money is not spent
Vice President
Powerful?
"the most
insignificant office
that ever the
invention of man
contrived or his
imagination
conceived.“
"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 vicepresident, and that one
word is "to be prepared”
Formal Powers of VP
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Succeed the president
Help in decisions of capability to serve
Preside over the Senate
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Only votes in case of a tie
Actually counts electoral votes
Whoa! That’s it? That’s
all I get to do?
Informal Powers
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None really
Some VPs have taken up their own causes
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Gore – Environment
Bush – Deregulation, Drug Smuggling
Recent VPs have been asked for more input
and given power by the President in For.
Policy
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Bush, Cheney, Biden (Gore an exception)
Organization of Executive
Office and White House Office
What is the Executive Office?
• Set of groups with the specific task of advising
the president on specific topics when requested
What is the White House Office
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More “administrative” and less “policyoriented” than the executive office
Handle day to day Presidential activities
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Press briefings, stagings, responding to mail,
coordinating photo-ops, research, speech-writing,
etc
Organizational methods - Circular
Cabinet Secretaries
Vice President
Executive Office
PRESIDENT
Selected Advisors
Chief of Staff
Special Assistants
Task
Forces
White
House
Office
Organizational methods – Ad Hoc
Committee
Cabinet Secretaries
Leaders
Vice President
Executive Office
PRESIDENT
Selected Advisors
Chief of Staff
Special Assistants
Task
Forces
White
House
Office
Organizational methods - Pyramid
President
Chief of Staff
White House Office
Executive Office
Vice President
Task Forces
Selected
Advisors
Organizational methods – Pros/Cons
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Pyramid Structure: hierarchy of authority
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Circular Structure: roundtable discussion
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PRO – orderly flow of info
CON – may isolate the president
PRO – much information from direct sources
CON – arguing amongst cabinet members
Ad hoc structure: informal groups of friends and
advisers
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PRO – flexible and allows outside POVs
CON – may cut off President from people who make
implement policy