Transcript Document
The Presidency
(1). Outline the presidency's development
in theory
and
legal & political independence. (
2). Examine the President’s constitutional powers, and those shared with Congress, to include:
shared powers, enumerated powers,
and
implied powers.
(3). Outline the presidency
in practice
by which theoretical rules of the office are applied.
(4). Discuss the advent of the “modern” presidency and the impact of
FDR .
(5). Summarize the key roles & responsibilities performed by the president, and contrast
Chief of State, Chief Legislator, Chief Executive, Diplomat, opinion leader,
and
CINC .
(6). Outline how the President is
nominated
and how this process has changed over time.
(7). Explain how the President is
elected
, and the significant role of the
electoral college
.
(8). Examine the
institution
of the Presidency and various sources of
Presidential power
.
(9). Contrast the diverse models used by presidents and explain their historic impact.
(10). Discuss the
organizational structure
of the Presidency and key agencies of the
EOP
.
(11). Examine how the office of the
Presidency
works and the impact of
internal factors ,
include:
EOP functions, Presidential Management Styles,
and the role of the
Staff.
to (12). Examine
external influences
and the impact of
expectations
on the Presidency. (13). Analyze the modern presidency in political context of:
permanent crisis, conflicting expectations,
and
time & institutional constraints.
(14). Compare the various
presidential strategies
and assess their effectiveness.
(15). Examine the diverse relationships which the President must effectively maintain.
(16). Assess the future strengths and limits of Presidential power and leadership.
Development of the Presidency
Constitutional Rules:
Three Primary Characteristics:
Independence from other branches Shared powers Vaguely defined powers
Legal & Political Independence
• Congress & Courts => no major role in selection – – Congress only counts
electoral college
votes Only selects if no candidate has clear majority •
Impeachment
– rules=>
political
independence Examples:
A. Johnson & Clinton’s impeachment
• Four year term & option for (one) re-election – When
FDR
bucks precedent =>
22nd Amendment
President’s Shared Powers
• The Constitution both empowers & constrains – – Power to appoint Judges & executive officers Power to make Treaties with other Nations •
But above powers constrained by what shared with who?
Senate’s role?
Article II of the Constitution
President’s Enumerated Powers
Enumerated Powers
Powers explicitly identified in the text of the Constitution
Article II
of the Constitution
Enumerated Powers
Powers explicitly identified in the text of the Constitution- To include: • Power to pardon • Recommend legislation • Call Congress to session • Receive Ambassadors • • Make treaties • Make appointments • Veto power • Commander in Chief
“ Executive Power ” What exactly does “vested with
Executive Power”
mean?
The Presidency in Practice
Applying the Rules:
• •
George Washington’s precedents:
– – – – – Proposed & lobbied Congress to his pass agenda Established principle of
confidentiality
Limited Senate’s
“advice” to “consent”
only Denied Congress formal role in
Diplomacy
Established President as leader of
executive branch
–
Two Term limit
informally established
(impact?) Jefferson’s precedents:
– Established President as
“Leader of the Party”
The Presidency in Practice
• • •
Andrew Jackson’s precedents:
–
“voice of the people”
(national constituency) – Justification for President’s
leadership role Lincoln’s precedents:
– Whatever it takes to protect Union=> peak of Power • Usurped powers of Congress (appropriate $$$ & declare War) • Ignored Constitutional limits (later rebuffed by the Court) Historical Ebb & flow of Presidential power: – 40 years following Lincoln (Congress took the lead) • Exceptions:
TR & WW
=> revive growth of presidential powers •
TR:
progressive domestic & aggressive FP actions
(Caribbean)
•
WW:
World War I &
“State of Nation” (personal address Congress)
Article II
of the Constitution
Vague Definition of President’s power & authority Impact?
Implied Powers
Governmental powers not enumerated in the Constitution; authority the government is assumed to have in order to carry out its enumerated powers
Impact on powers of the Presidency?
The powers of the presidency have expanded over the last two hundred years
.
Advent of the “Modern” Presidency
• • •
Who is most identified with the start of the “modern” Presidency?
Impact of – – – Preeminent source of national leadership (why?) Role of
FDR
Effect on all of
FDR ’s
successors ever since? •
FDR :
during
Great Depression
Key precedent:
The First 100 Days
& WWII
Institutional Leadership: –
What are the various roles played by Presidents?
The Modern President
Institutionalized Leadership Key Presidential Roles:
•
Chief of State
•
Chief Legislator
•
Chief Executive
•
Nation’s Opinion Leader
•
Chief Diplomat
•
Commander-in-Chief
Selecting a President
The Three Stages of selecting a President?
Party Nomination General Election Electoral College
Historical Overview:
The
Nomination Process
• • • • Exception to the rule:
George Washington
– –
De facto
head of government during
Revolutionary war
Obvious choice to all as most trusted American leader
Congressional Caucuses
–
(1800-1824)
Role of Congress=> select party’s nominee=>
“King Caucus”
Party Conventions
–
(1832-1968)
Originally instituted to dump Jackson’s
VP- Calhoun
–
Whigs
established party convention (Clay) vs.
“King Andrew” Role & power of state party leaders (Figure 12-1)*
– Loyal party delegates appointed • (Delegate selection tightly controlled by party leaders) – Result: Candidates must make deals & promises (w/Party leaders)
Party Convention Nomination System
Rank and File Party Members attend Local Party Convention ;
Selects delegates
National Party Convention District Party Convention ;
Selects delegates
State Party Convention
Selects delegates
;
Selects nominee
Direct Primary
• • • Role of
Progressive movement
– – (1912-1924) Progressive’s objective: (power of voters over power of Party) Following initial surge => most States revert to Conventions Role of Primary system (1928-1968) – Lesser known candidates use
Primaries
– to get visibility Voter support=> demonstrate candidate’s viability to party leaders • Therefore worthy of serious consideration at Party Convention Impact of
1968 Democratic Convention
– –
(Figure 12-2): *
Chaos reigns => Young vs. old democrats split=> lose election Result:
Democratic Party
makes major rule changes => impact: • • Increased participation of minorities & women (rep. rank & file profiles) Delegates now allotted in proportion to actual rank & file votes received
Percentages of Delegates Chosen by Primaries, 1912-2004
Impact of post-1968 Primaries on the nature of Presidential nomination
• • • Importance of early nominating events rises “Going early” => incentive for candidates Prompted states to hold primary races earlier – Also known as?*
Frontloading
• The decision states make to move their primaries and caucuses to earlier dates to increase their impact on nomination process • • • •
Impact:
Increased importance of candidate raising
early campaign $$$ Weakened
influence of
state party
organizations in process
Nominee Selection shift
:
From Congress=> Party=> Rank & File
The General Election
• • •
Two major changes shifting focus of election?
– From Party’s influence to role of Nominee Emergence of TV & Radio &
FECA
laws How has TV & Radio affected election campaigns?*
The Influence of Radio & Television
Four major effects:
• Allows candidates to
address voters directly
•
Increases visibility
of each candidate to the voters •
Shifted control
of campaign
to
the
candidate
• Use of mass media has
increased $$$ of elections*
General Election Campaign Costs 1900-1996
2000 2004
Important Changes in Campaign Finance
Earlier attempts to reign in campaign costs:
•
Federal Election Campaign Act
of 1971
( FECA )
•
1974 Amendments to FECA
• Supreme Court Decision:
Buckley v. Valeo (1976)
•
(Parts of FECA ruled unconstitutional)
•
1979 Amendments to FECA
Campaign Finance Laws
(The details & changes over time)
•
FECA of 1971
– First attempt at election reform => • Unintended consequences:
loopholes &
rise of
PAC
s
FECA
Regulations (1971):
Presidential candidates can contribute
no more than $50,000
to their
own campaign Limits spending
on
media
ads Candidates
must disclose names
of anyone who
contributes more than $100
to their campaign
Campaign Finance Laws- Details
• •
1974 Amendments to FECA
– voluntary public financing of campaigns (on IRS returns) – Mandatory individual/PAC limits:
$1000/5000
– Public campaign financing available if certain provisions met • Overwhelmingly favors two main parties – Limits on candidates own spending if Public $$$ accepted
Buckley v. Valeo*
– •
1st Amendment
(1976)
=> undermined above reforms Court ruling on
independent expenditures
free speech protected – –
(if no contact made with candidate) (Separate independent & uncoordinated advocacy ads OK)
– No Government limitation on candidates’ own expenditure •
If no public $$ used (Bush W. during 2000 nomination campaign)
Buckley v. Valeo
The Court Ruled:
The government
can limit contributions
BUT
(government cannot limit?)
Independent Expenditures
(
which are funds raised and spent
without contact with the supported candidate)
Campaign Finance Laws
• •
1979 FECA Amendments =>
– Result:
soft money
increases – Unlimited contributions to party OK •
Considered legal
as long as no coordination with candidate maintained – Result=> more $$$ contributed to party • Role of
political parties
& influence rises dramatically
BCRA
–
aka:
McCain-Feingold
Latest Changes:
attempt
to severely limit
soft money
– – Increased
individual
contributions to
$2000
/candidate/election (Under constitutional challenge in the Courts by opponents) • Result of all of above: –
Candidate Centered Campaigns
– now dominate (vice Party) Candidates now in control of their own campaigns
Key Questions:
Who Elects the President?
•
Popular vote vs. Electoral
–
vote- who actually elects?*
How are number of
electors
per state decided?
– How many votes needed to win? (margin of victory) – Which states have most electors?
(Fig. 12-5)*
The
Electoral College
• The
body of electors
, whose composition is determined by the results of the general election, that
actually chooses the president
and
vice president.
•
To win
in the electoral college, candidates must secure a
majority
of the
electoral vote.
Electoral College –
The Unit Rule
• • Role of
unit rule
=> impact on candidates’ campaigns?
– Impact of
“winner take all”
(of state’s
electoral Votes
)
– Attention therefore devoted to most populous &
winnable
states –
Popular vote & electoral vote
can be very different Potential impact of 3rd party candidates on election – Needed to win election? => – 270 out of 538
electoral Votes
– If no majority of electoral votes– who decides election? •
Constitution’s
guidance & role of
House & Senate?
• •
Selection Process & Its Consequences for Governing
Should presidents be elected by direct popular vote?
– Potential impact on system if approved?
– Impact and potential for unanticipated consequences • Urban/coastal population concentrations vs. rural states (West & Midwest) • Impact on states with lower populations?
Impact of changes in
presidential selection process
in the way Presidents now govern
:
– – –
More personalized presidencies Weakened political parties More
spit ticket
voting
Presidency as an Institution
Sources of Presidential Powers:
The Constitution Statutory Laws Presidential Precedent
Powers of the Presidency
Veto Power The Constitution
(Article II)
Treaty Power Appointment Power
Statutory Laws Reprogramming Power Recommend Measures as required
Specific example?
Budget & Accounting Act of 1921
Presidential statutory power granted by Congress:
Central Legislative Clearance
The
power the Budget
and Accounting Act of 1921 granted to the president to create a package of
legislative proposals
and
budgets
for congressional consideration.
Custom & Precedent
Presidential Precedent “So strong is the influence of custom that it seems almost to amend the Constitution.” William Howard Taft
Two Key Factors:
President’s actions
Vague wording
if left unchallenged
(Dismissal power)
=> dynamic & flexible reading of powers
Models of Presidential Power
Three different approaches to Presidential Power:
Restricted M o d e l Presidents only allowed to exercise powers granted by Constitution or Statutory laws William Howard Taft M o d e l Prerogative When nation is at stake, President may take any action necessary, regardless of legality Abraham Lincoln
Model followed today?
Steward M o d e l President, representing the entire nation, must act as a steward Theodore Roosevelt
Organizational Structure of the Presidency
• • • Presidency has grown in size and complexity – (especially since 1932)
Historical Development
–
Washington’
s nephew (& “personal secretary”) – –
Jackson’
s “
Kitchen Cabinet” FDR’s Executive Office of the President (EOP)
• •
New Deal
programs &
WWII
Agencies needed to perform key functions for president
Examine overview of Executive Branch & EOP
Executive Branch
* = EOP
Executive Office of the President (EOP)
What are the four most important offices of the EOP?
Key Offices of EOP
White House Office * The National Security Council (
NSC
) Office of Management & Budget (
OMB
) Office Of the Vice President
White House Office
AKA: The West Wing
The West Wing
Old Executive Office Building (Staffs)
Workings of the Presidency
Internal vs. External Factors
• • •
Internal Factors
: Functions of
EOP
– –
Agencies
Advise & support president on public policy Liaison w/
Congress & key Interest Groups White House Office:
– –
Office of Public Liaison Office of Strategic Planning & Communication
– Key aides=> advance prospects for re-election
Internal Factors
Presidential Management Styles
Advantages & disadvantages?
Party associations with which Model & why?
Role of the Staff:
Neutral competence
Pros vs. cons?
vs.
loyal advocates
External Influences
• • •
Expectations of others Institutionalized expectations of:
– –
Congress, news media, & Public
Expect President to set Nation’s political agenda ( FDR ) –
State of the Union
address – presented before Congress Impact: Constraints & political accountability – Reduce opportunities for
abuse of power
Assessing the Presidency as an Institution (Summary)
• • • •
More power acquired over time (implied powers) Modern organization=> larger & more complex Workings of office=> powerful & personalized
But also:
Constraints on the president’s power:
– –
Constitution, Statutory law, Courts, & informal rules Expectations: Public, Congress, media, IG, Bureaus
Presidency in American Politics
The Political Context: Permanent Crisis
• •
Conflicting Expectations of Presidential Leadership
– Expectation:
Initiative & Responsiveness
– Bold & timely leadership & initiative to solve problems –
Problem
: Public & Congress may or
may not follow lead
•
(
Example:
President Bush’s proposed Social Security Reform)
Time Constraints=> permanent crisis
–
Insistent demands & limited time to respond
– Ever shrinking
Honeymoon
period • Strike while the iron is hot – president’s agenda –
First
One Hundred Days
(FDR’s legacy)
– –
Midterm Elections
=> diminishing cooperation
Lame duck
ending – defending past achievements
Permanent Crisis
• • • •
Institutional Constraints?
Constitutional rules=> shared powers
–
Executive vs. Congress vs. The Judiciary Must gain cooperation & persuade others=>
–
Congress, Bureaucrats, & interest groups National orientation & perspective:
– – –
President’s national perspective vs. Congress’s focus on State or district
interests Broader vs. narrow scope = different priorities
Presidential Strategies
• •
Bargaining Strategy
–
(horse trading vs. veto threat)
Nothing succeeds like success (it pays to be a winner) – Advantage of being popular with the people • Impact on Congressional cooperation
Going Public Strategy
– – Mobilize public support
(Figure 12-7) *
Direct appeals to public => over the heads of the media • Usually Presidents use combination of both (above)
Presidential Public Activities 1929-1996
Presidential Relationships
•
Presidents and Congress:
– – – President’s power to set Congressional agenda –
But=>
Congress likely to vote w/own party & not w/other side President of majority party controls
legislative process
•
Major constraint:
divided government =>
– Congress less likely to pass president’s agenda – President must spend time opposing opposition’s majority Party’s agenda
Presidents and the Public
• • • • Must develop good relations w/public & keep it – Modern
mass communications
=> direct appeals – Regular access available to public (radio & TV) Positive
image
– –
& support
essential Public opinion polls (Clinton) Speech writers & media consultants Reality of declining popularity over time
(Fig 12-8)
– – Beginnings: exaggerated public support- then=> Decline soon follows => – – –
Expectations gap
=> unrealistic expectations Unfulfilled campaign promises Very short
honeymoon
results soon after Axiom: Greater the popularity=> Perception of power – Result:
greater influence
on Congress=> pass President’s agenda
Presidents
and the
Federal Bureaucracy
• • • Cannot command obedience of Federal agencies=> –
Must bargain
& persuade to comply w/agenda Presidential resources to pressure bureaucracy behavior –
Appointment power- heads of agencies
–
Budget making power- cut or increase $$$
– –
Authority to reorganize structure & duties
Executive order
Presidents have power to compel compliance w/wishes –
If willing to spend the time to follow up
– –
Time presidents simply don’t have Must move on to more pressing issues
–
Agencies & departments know this fact
–
Feather pillow analogy
of FDR with
The “Naaavy”
(WWI)