Prof. Bruno Pierri Lingua Inglese

The United States Government December 11th, 2009

The President

A) B) C) Presidential Republic: No distinction between Head of State and Head of Govt Executive presides separately from legislature, on which it does not depend and which cannot dismiss it: no vote of confidence in Congress President has fixed term of office. Elections at scheduled times Chief Executive responsible for running Federal Govt. Govt is called Administration Commander-in-Chief of Armed Forces: Power to initiate (not declare) and direct war Chief Diplomat: responsibility for both making and implementing foreign policy Chief Legislator: President sets legislative agenda when he delivers “State of the Union Address” Appointment of diplomats, federal judges and Justices, with advice and consent of Senate

State of the Union Address

(Article II, Section 3, US Constitution) Message President gives from time to time (practically once a year) in Congress to outline legislative proposals for following year President not permitted to enter House Chamber without explicit permission of Congress

Constitutional Roots

1774-1789 No central Govt: Unicameral Continental Congress in charge of “Govt” A) No power to collect taxes, but only to request funds from States (first two years: $ 10 million requested, 1.5 given) B) No power to regulate foreign and interstate trade C) No President

Constitutional Roots

Constitutional Convention 1787: Constitution of the United States Delegates wanted to avoid risk of single executive becoming a tyrant. Choice among:

– – –

Single seven-year-term Two three-year-terms Four-year-terms with power to veto acts of Congress G. Washington established precedent by refusing to seek a third term. FDR only exception 1951 XXII Amendment: no more than two terms If President dies or resigns, Vice President automatically becomes President. In this case, he/she can run twice if the mandate starts after two years of a term to which some other person was elected President (max. 10 years in office)

1) 2) 3) 4) 5) 6)

Presidential Succession and Disability

XXV Amendment: Order of Presidential Succession Vice President Speaker of the House President pro tempore of the Senate Secretary of State Secretary of the Treasury Secretary of Defence……..

Impeachment

A) B) Constitutional sanction against abuse of presidential power House of Representatives decides by majority vote to accuse President of “high crimes and misdemeanors” Impeached President is then tried before Senate and removed by two-thirds vote House acts as Prosecutor, Senate acts as Judge Nixon 1974 Clinton 1998

A) B) C)

President’s Powers to Limit Congress

Every Bill approved by Congress must be presented to President for approval (Art. I Sect 7 of Constitution) President has ten working days to decide whether: Sign the Bill into law (it usually occurs) Veto a Bill, which can be overriden by a two-third majority of both Houses Do nothing, thus allowing a Bill to become law automatically after 10 days Pocket Veto: If Congress adjourns before 10 days have expired and President has not signed the Bill yet. In this case, if President decides to veto a bill, Congress cannot override it

The Power to Grant Pardons

Article II, Section 2 of Constitution: President has power to grant reprieves and pardons for offenses, except in case of impeachment – Nixon pardoned by Ford

Executive Privilege Right of President to withold certain information from Congress Based on Washington’s precedent, who refused to provide House with records on defeat of the army by Ohio Indians, 1792

Foreign Policy Powers

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President as the “sole organ of the federal Govt in the field of international relations” - US Supreme Court 1936 After Vietnam, Congress adopted some laws to limit Presidential powers on foreign policy Treaty: Agreement between two or more nations. US treaties require ratification by Senate with a two-thirds majority - League of Nations Treaty never ratified Executive Agreements. Negotiated between Heads of State. No ratification required Carter’s agreement with Iran to release American hostages, 1980-81. It trasferred all claims against Iran from American to international tribunals

Presidential War Powers

A) B) President: Commander-in-Chief of armed forces (Constitution Art. II) Congress: authority to declare war (Constitution Art. I) In practice, a formal declaration of war is not necessary to start a conflict First President to use military force abroad without formal declaration of war: Jefferson 1801. US Marines to “the shores of Tripoli” to wipe out Barbary pirates Korea/Vietnam/Cambodia/Afghanistan/Iraq – No declaration of war

A) B) C) Presidential Office: White House Staff President’s closest advisers, led by Chief of Staff. Not Ministers Duties of White House Chief of Staff: Responsible for overseeing actions of White House staff Managing the President's schedule Deciding who is allowed to meet President Chief of Staff can act as President’s bad guy. R.H. Haldemann: “Every President needs a son of a bitch and I’m Nixon’s”

A)

Executive Office

Offices implementing President’s policies National Security Council (NSC): to advice and assist President on national security and foreign policies and coordinate these policies among various Depts B) C) Council of Economic Advisers (CEA): group of economists advising President Office of Management and Budget (OMB): preparing Presidents’ budget proposals and pushing them trough

The Cabinet

Presidential advisers heading major departments – Ministers Cabinet members often chosen for public relations, reputation and symbolism (race, gender, geographic origins). No Congressmen President acts most often through his own Executive Office rather than through Cabinet (in this case he can avoid bureaucracy and keep secrets more easily)