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)