Chapter 12: The American Presidency

1. Chapter 12: The American Presidency

2. Presidential Functions • Interest representation • Rule initiation • Rule application (chief executive officer of the federal bureaucracy)

3. Presidential Functions 4. Rule interpretation through nominating federal judges and top regulatory officials 5. Resolves conflicts • Generates support for the party and political system • Creates legitimacy ex. Bill signing

4. History of the Office No top executive under the Articles of Confederation Not all of the constitutional framers wanted a presidential office The Federalist 69 addresses these arguments Article 2 of the US Constitution

5. The Constitution and the Presidency Implied powers – argument that the constitutional framers gave the president certain implied powers in order to do what is necessary to preserve national security

6. Article 2’s expressed powers • Commander in chief of the armed forces • The president has the powers to make treaties with the advice and consent of the Senate

7. Constitution’s Expressed Powers 3. The president can nomination and with the advice and consent of the Senate appoint ambassadors, public ministers, and consuls. 4. The president is authorized to receive ambassadors and public leaders.

8. Constitution’s Expressed Powers More generally…. • Has the power to grant pardons • Can nominate and appoint judges and other officials

9. Constitution’s Expressed Powers 7. Must provide a state of the union address to congress and can offer legislation at other times 8. Veto subject to congressional override

10. Job Description Chief of State Chief Executive Chief Diplomat Commander-in-Chief Chief legislator Manager of Prosperity Chief of party

11. Informal Sources of Power Public Support Press Events Prestige Bully Pulpit—term coined by Theodore Roosevelt—refers to effective communication

12. Formal Sources of Power These were the sources mentioned earlier. They come from: • The Constitution • Special legislation • Court Decisions

13. Formal Sources of Power • VETO • President has 10 working days to sign a veto • If he/she uses the veto, the bill goes back to the originating house with an explanation for the veto • Congress can override with 2/3 vote

14. Formal Sources of Power Pocket veto—by taking no action, the president can let the bill die

15. Potential Avenues to Actual Power • Bargaining ability • Enemies lists example: Richard Nixon 3. Powers are not self-executing so must make effort

16. Limits on Power • President appoints but requires Senate approval

17. Limits on Power Treaties require Senate approval

18. Limits on Power President can recommend legislation but Congress must pass

19. Limits on Power President can veto but Congress can override

20. Limits on Power Supreme Court can overrule

21. Limits on Power The 22nd amendment limits the President to two terms—additional check and balance

22. Limits on Power • President can be impeached – (requires majority of votes in the House) • President can be convicted and removed (2/3 vote Senate)

23. Informal Limits on Influence/Power • Public Opinion • Events • Isolation from others • Groupthink

24. Structure of the Presidency • Presidential establishment—President is surrounded by advisors and aides • Swelling of the presidency • Inner Sanctum—no checks and balances • Role of the machinery

25. Structure of the Presidency Inner Circle • Closest friends and advisors • Can include first lady

26. Structure of the Presidency White House Staff • Personal Aides • Chosen for loyalty and support • Often have worked for President before

27. Structure of the Presidency Office of Management & Budget (OMB) • President appoints top officials • Rank and file are normally career staffers • Prepares President’s annual budget • Funnel legislative advice • Prepares congressional testimony

28. Structure of the Presidency Economic Advisors • National Economic Council (NEC) • Established by President Clinton • Condoleeza Rice • Deficit Analysis • Tax Advice

29. Structure of the Presidency National Security Council (NSC) • Includes President, V.P., Secretary of State, Secretary of Defense and more • Created 1947 • Utilization depends on times and President • Influences foreign relations

30. Structure of the Presidency Domestic Council • Established by Nixon • Is to domestic policy what NSC is to foreign policy

31. Structure of the Presidency Vice President • Role depends on the President • Serves as President of Senate • Next in succession for Presidency

32. Structure of the Presidency The Cabinet • Constitution does not provide for a cabinet but each President has had one. • President, V.P. the heads of all the agencies/departments

33. The Cabinet (cont) • Carter and Reagan utilized for decisions • Whole is less than the sum of the parts

34. Structure of the Presidency Miscellaneous agencies and special Presidential Commissions • Outer circles of structure • Councils can influence public opinion

35. Presidential Structure varies from President to President

36. Presidential Power in Foreign Affairs Role of President is strong b/c can respond quickly Public support Complexities of international relations Commander-in-chief role

37. Congress declares war Congress ratifies treaties and appts. Congress raises and supports armies, provides and maintains the navy and appropriates money. Congress relugates the armed forces and provides for calling forth the militia

38. The War Powers Act November 7, 1973 Nixon vetoed and congress overrode Law spells out the conditions under which a president can deploy troops and commit them to hostilities (status reports, consultation, etc)

39. Domestic Affairs President’s constitutional powers less imposing Popular support may vary Conflicting demands from constituencies