Unit Three: Institutions of Government

1. Unit Three:Institutions of Government Chapter 14: The President

2. Presidents vs. Prime Ministers • Presidents • Popular election • USA invention • Mostly an American (north and south) use • Many are “Washington Outsiders” – not in Congress • Governors • Military leaders • Occasionally VPs

3. Presidents vs. Prime Ministers • Presidents • Cabinet (secretaries) • May NOT be a member of Congress • They are often • Close, personal friends • Campaign aides • Representatives of various groups • Ethnic • Business • Gender • Experts on issues • Government can be unified OR divided

4. Presidents vs. Prime Ministers • Prime Ministers • Legislative election • Majority party chooses – if no one party has a majority, then a majority coalition is formed • Stays in power as long as his or her party has a majority of seats in legislature (or coalition holds a majority of seats) • By definition, the PM MUST be an “Insider” – he is PART of the legislature • Selects ministers (cabinet) from the legislature • Impossible to have a hostile parliament

5. Divided Government** • Unified Government • The same party controls the White House and both chambers in Congress • Divided Government • One party controls the White House while the other party controls one or both chambers in Congress

6. Divided Government** • Gridlock • The inability of government to act because the government is a divided government

7. Divided Government • Gridlock • Not clear if divided govt. produces more gridlock than unified one • Only unified ideology prevents gridlock (good luck getting that) • By Constitutional Design • Executive and Legislative branches vie for power • Causes delays • Intensifies deliberations • Forces compromise • Requires broad-based coalitions • Vested interest in making road blocks

8. The Evolution of the Presidency • The RELATIVE power of the president and Congress has changed

9. The Evolution of the Presidency • Founding Fathers concerns • WHO? • Plural executive • An oversight council to approve or veto the president • Elected monarchy • Ultimately, single and elected official

10. The Evolution of the Presidency • Founding Fathers concerns • Fears • Militia would be called out ON the states • Too much power sharing with Senate would make him a “tool” • Would he become “el-presidente` for life”? • Make him too weak, the Legislature will usurp him; make him too strong and he will usurp the Legislature

11. The Evolution of the Presidency • Founding Fathers concerns • Unforeseen sources of expanded power of the pres. • Role in foreign affairs • Ability to shape public opinion • “inherent” powers of his office

12. The Electoral College • To appease smaller states • To quell fears of the masses • Each state would decide who serve as electors • Intended to throw most elections into the HOR

13. The term of office • Undefined at first (Washington was assumed to be honorable) • Amendment XXII • The transfer from one to another • Smooth • Shows that the power of the office is greater than the power of the man

14. Phases • The first presidents • Among the most prominent men in the nation • Active in Dec. of Ind. • Active in the Rev. War • Active in the Const. Convention

15. Phases • The First Presidents • Legitimacy • Easier because it was a limited and modest position • Establish sound currency • Establish relations with foreign nations • Federal office holders • Rule of Fitness • High standing in communities

16. Phases • The First Presidents • Legitimacy • President was cordial with Congress • Washington ended the “advise” part of Senate relations • Vetoes • Rarely cast • Only if the pres. thought the law was unconstitutional • NOT on partisan grounds

17. Phases • The Jacksonian presidency  The power of a forceful personality • Belief in a strong president • Often in conflict with Congress as Founders had envisioned • Veto power • Used more often • Used on policy differences, not Constitutional standing

18. Phases • The Congress Strikes Back • Post Jackson • Presidency becomes second branch • Care-taker presidents • VERY partisan era (sectional and slavery differences)

19. Phases • The Congress Strikes Back • Lincoln’s impact  emergency war-time powers • Article II • Implied / inherent powers • “take care that the laws be faithfully executed” • Acted without Congressional consultation • Presidency was an opposition force to Congress, not a leadership force for the nation

20. Phases • The Modern Era • Starts with FDR and the New Deal • CREATING a legislative program (though must be introduced by member of Congress) • Running a HUGE executive staff • With the growth of government comes the growth of the presidential prestige • Head of State • Head of Government • Adversarial role with Congress still present

21. The Powers of the President • Formidable • Vaguely worded • Roles** • Party • Legislator • Administrator • Commander in Chief • Executive • Diplomat • State • Citizen

22. The Powers of the President • Divided into • Solo powers • CIC • Grant pardons • Ensure that laws are faithfully executed • Etc

23. The Powers of the President • Divided into • Shared with Senate • Make treaties • Appoint high officials • Approving legislation  Shared with Congress

24. The Powers of the President • Narrow interpretation of Constitution • Chief clerk of the nation • “to succeed, he need only obey Congress and stay alive”

25. The Powers of the President • Real Power comes from • Ambiguous wording in Const. • “take care that the laws be faithfully executed” • One of the most ELASTIC clauses • Reality of politics and perception • People look to the president for leadership • They hold him responsible

26. The Office of the President • The staffing has grown incredibly • At one time too small and pres. was overworked • Now, too big and pres. has to work to control his own staff • Other appointments • Courts • Agencies • Cabinet positions

27. The Office of the President • The rule of propinquity • Proximity to pres. means a LOT • In the ear of the boss • Inner Circle • Offices are small, but rewards are big

28. The Office of the President • The three circles of proximity • The White House Office (yellow circle) • Those who are actually located IN THE WHITE HOUSE • Oversee the interests of the president • Political • Policy • Does not need Congressional approval

29. The Office of the President • Structure • Pyramid • Orderly flow of information • Risks isolating or misinforming the president • Circular • Huge amounts of info. flood in • Conflicts are common • Ad hoc • Allows flexibility • Cuts off officials who the president needs • Presidents MIX the structures

30. The Office of the President • Who and Where? • Typically campaign staff • Longtime associates • Greatly trusted • Some experts brought in

31. The Office of the President • The Executive Office (blue circle) • Report directly to president • Housed elsewhere • Appointments • President nominates • Senate confirms

32. The Office of the President • The Executive Office • Appointments • Office of Management and Budget • Assemble and analyze the national budget figures • Studies organization and operation of executive branch • Recommends changes in the above • OVER 500 career civil servants • OMB  SUPPOSED to be nonpartisan • Does make policy recommendations

33. The Office of the President • The Cabinet (burnt sienna circle) • At one time, met to discuss national issues as a TEAM • Heads of the 15 major executive departments

34. The Office of the President • Other appointments • Independent agencies and commissions • Serve as long as the president likes • Can be fired for whatever • Federal Judges • Consent of Senate • Serve for life

35. The Office of the President • “Acting” appointments • Gets around the Senate (dis)approval • Vacancy Act of 1868 • Limits to 120 days in office • If Senate takes no action, person remains • Pres  necessary due to Senate pace • Senate  fills admin without confirmation (not Constitutional)

36. The Office of the President • Who Gets Appointed • President only knows a handful of those appointed • Usually have had some prior government experience • Usually haven’t served with legislatures • Private business • Universities • “think tanks” • Law firms • Foundations • Labor unions • From other government areas • Federal • State

37. The Office of the President • Who gets appointed • “Vacillate” between private and public sector • Lately, expertise over party following • Must consider “balanced” cabinet • Race • Gender • Interest group • Business group • Often there is tension

38. Presidential Character • Public judges president on • What gets done • Perception of the character • Him • His subordinates

39. Presidential Character • Eisenhower • Orderly, military style • Delegating authority • Kennedy • Bold “Camelot” • Surrounded with talented people • Johnson • Face to face meetings • Micro-manager • Nixon • Intelligent • Paranoid

40. Presidential Character • Ford • Negotiate/discuss • Delightfully genial • Carter • “Outsider” status • Intelligent • Handle lots by himself • Reagan • Set broad agenda • Subordinates fill-in details • “Great Communicator” • Bush • Hands-on approach • Used his personal (extensive) contacts

41. Presidential Character • Clinton • Informal style of organization • Effective communicator of ideas • GW Bush • “Outsider”? • Ran as “Compassionate Conservative” • Self-deprecating • 9-11 changed everything • Obama -- ?????????

42. Powers of the President • Power to Persuade • Persuasion power from being only nation-wide elected official • Must be spent quickly • Use of the “Bully Pulpit”**

43. Powers of the President • The Three Audiences • Washington DC • Politicians • Leaders • If they perceive him as “good”  he will be persuasive • Power is illusion

44. Powers of the President Power to Persuade • The Three Audiences • Party Activists • The partisan grassroots • Expect “their man” to be THE man! • General Public • Many different groups in general public • The campaign is loud and proud  Reality sets in after elected • Each scrutinizes every word  Less improvisation and more preparation to minimize gaffs

45. Powers of the President • Popularity and Influence • Convert popularity to programs • Coattails (are they real?) • Even if unreal, it isn’t wise to cross a popular president too many times • The more popular the president, the higher % of his bills will pass

46. Powers of the President Popularity and Influence • Scoring popularity vis-à-vis success • Big bills and small bills  are they equal weight? • Lots of smalls DO NOT = success • One BIG bill DOES = success • Does not taking a position count? • Congress blocking his proposals all the time = success • Outside crises affect popularity

47. Powers of the President Popularity and Influence • Popularity almost always declines quickly after election (unless in a time of crisis) • Honeymoon period • Most obvious in times of crisis • Doesn’t really exist in “normal” times • In the off year elections, president’s party loses congressional seats

48. Powers of the President The Power to Say NO • Veto • Veto Message • Send a written message of VETO to Congress • With the bill • With an explanation of why • Within 10 days after being passed in Congress • Can be over-ridden • 2/3 of EACH house • Before the session expires

49. Powers of the President The Power to Say NO • Pocket Veto • Don’t sign bill for 10 days • Congress has adjourned in that time (If Congress is still in session and ten days have lapsed, bill becomes LAW) • Congress can’t over-ride the veto (because it’s not in session)

50. Powers of the President • The Power to Say NO • Line Item Veto • Definition -- choosing which PARTS of legislation to veto • It is UNCONSTITUTIONAL • Vetoes are ALL or NOTHING • Often veto is negotiating tactic