PO 111: INTRODUCTION TO AMERICAN POLITICS

1. PO 111: INTRODUCTION TO AMERICAN POLITICS Summer I (2014) Claire Leavitt Boston University

2. TABLE OF CONTENTS • The Basics: Executive Powers • The 19th Century Presidency • The Modern Presidency: Augmentations of Presidential Power • Executive Orders • Veto Bargaining • Institutionalization of the Executive • Legislative Agenda-Setting • Bargaining, Leadership and “Going Public”

3. PRESIDENTIAL AUTHORITY UNDER ARTICLE II 1) To command the military Check:Only Congress can declare war2) To appoint judges, foreign ambassadorsand cabinet officersCheck: A majority of the Senate must approve the president’s choices

4. PRESIDENTIAL AUTHORITY UNDER ARTICLE II 3) To oversee operation of all executive agenciesCheck: Only Congress may regulate (number, jurisdictions) of executive agencies 4) To make treaties with foreign nationsCheck: 2/3 of the Senate must approve these treaties

5. PRESIDENTIAL AUTHORITY UNDER ARTICLE II 5) To appoint officers to fill government vacancies when the Senate is in recessCheck:The Senate may overturn these appointments once they come back 6) To veto Congressional legislationCheck:Congress may override the president’s veto by a 2/3 vote

6. PRESIDENTIAL AUTHORITY UNDER ARTICLE II 7) To inform Congress on the state of the union 8) To pardon anybody who has been convicted of a federal crimeCheck: None

7. PRESIDENTIAL AUTHORITY UNDER ARTICLE II 9) To “take care that the laws be faithfully executed”:  To carry out the laws made by Congress To meet with foreign representatives on behalf of the United States To direct/command government officers and staff To convene special sessions of Congress

8. THE CONSTITUTIONAL DEBATE  US executive modeled after the British monarchy  Hamilton insisted that while the role of the American executive resemblesthat of Great Britain, in fact the president’s powers are far more limited The executive was intentionally established as the weakest branch of US government

9. PRESIDENT VERSUS MONARCH

10. THE CONSTITUTIONAL DEBATE Hamilton’s Vision for an “Energetic” Presidency: • Unity • Plurality suits legislatures; but deliberation and dissention impedes the effectiveness of an executive • Secrecy (transparency will impede the president’s ability to swiftly execute the law, esp. in the name of national security • Sufficient—but not monarchical—power • Electoral college will ensure president is virtuous and wise; reduce probability of anarchy

11. THE FIRST HUNDRED YEARS • Presidential power exercised in foreign affairs and in governmental appointments • Cabinet officers were most powerful appointment opportunities; also commanded great deal of political autonomy • Presidents bargained with cabinet officers and Congress without a guarantee of leadership

12. THE FIRST HUNDRED YEARS • Presidents largely associated with and dependent upon their party • Direct primary elections not instituted until turn of the 20th century • State-controlled ballots not introduced until 1880s

13. THE FIRST HUNDRED YEARS 1789-1832: Leading by Reputation  Presidents stood apart from special interests and parties; they governed according to the strength of their personal reputations among political elites1832-1900: The Partisan Era  The beginning of what Lincoln called a “clerkship”; president concerned mainly with doling out patronage appointments and party favors

14. THE FIRST HUNDRED YEARS Did Presidents Lead?: • Neustadt: Pre-modern presidents couldbe leaders; they did not have to be • Yet almost all 19th-century presidents are on the record as claiming they want to stand apart, to make history, to make the office their own • Almost all were hindered by constitutional limitations

15. THE FIRST HUNDRED YEARS Did Presidents Lead?: • Neustadt: Pre-modern presidents couldbe leaders; they did not have to be • Yet almost all 19th-century presidents are on the record as claiming they want to stand apart, to make history, to make the office their own • Almost all were hindered by constitutional limitations

16. THE MODERN PRESIDENCY What accounts for the growth in presidential power? • Congress willingly ceded more powers to the president • New interpretation of the “take care” clause as justification for a more powerful president

17. THE MODERN PRESIDENCY: POWERS Executive Orders: • Directives/instructions issued by the president for a government agency to take a specific action • Have the force of law • Positive power • Difficult to be overturned by Congress

18. THE MODERN PRESIDENCY Executive Orders: Strategic Bargaining Divided GovernmentGridlock IntervalSpace for EO United GovernmentGridlock IntervalSpace for EO Veto-override voter Median voter Filibuster voter Conservative Liberal

19. THE MODERN PRESIDENCY Executive Orders: • But there are political costs to executive orders • The public and other political institutions tolerate more direct presidential action now than it did in the nineteenth century; political norms have changed

20. THE MODERN PRESIDENCY The Veto: • Negative power • The veto is effective as a silent threat • Veto bargaining is a strategic game between the president and Congress • Who will suffer the political consequences of the veto most often?

21. THE MODERN PRESIDENCY Other presidential powers: • Institutionalization of the White House • Office of Management and Budget • National Security Council • Council of Economic Advisors • Agenda-setting power • Annual budget process • External crises

22. THE MODERN PRESIDENCY Neustadt and Presidential Bargaining: • Bargaining is the power to persuade other political actors to implement your preferences • Bargaining is the pith of presidential power; the answer to why the presidency is simultaneously the weakest and strongest branch of government

23. THE MODERN PRESIDENCY Neustadt and Presidential Bargaining: • Bargaining is conditional, its effectiveness dependent upon the president’s: • Popular support • Institutional support • Flexibility/time • Ability to make careful choices • Ability to spend political capital wisely

24. THE MODERN PRESIDENCY When Presidential Bargaining Fails: • Why was Truman unable to bargain with MacArthur? • Why did Eisenhower choose not to bargain with Governor Faubus? • Is Neustadt’s argument non-falsifiable? • Is Neustadt’s argument still relevant?

25. THE MODERN PRESIDENCY When Presidential Bargaining Fails: • Why was Truman unable to bargain with MacArthur? • Why did Eisenhower choose not to bargain with Governor Faubus? • Is Neustadt’s argument non-falsifiable? • Is Neustadt’s argument still relevant?

26. THE MODERN PRESIDENCY Going Public: The president’s increasing his bargaining position with Congress by making a case for a policy, campaign-style, directly to the American people • Leverages public opinion to supplement the president’s bargaining position • Increases under divided government • Has increased as the system has changed from one with a few power players to one with multiple power players

27. THE MODERN PRESIDENCY Downsides to Going Public? • Over-saturation • Oversimplification of substantive issues • Stoking of resentment in Congress • De-legitimization of Congress’s lawmaking authority • Possibility of backfiring, provoking counterattacks • Possibility of failure; wasted political capital

28. THE MODERN PRESIDENCY Does Going Public Work? • Does it actually change legislative outcomes? • Greatest power of “going public” is the president’s ability to increase the salience of a policy issue • When that issue becomes salient, members of Congress will assess public opinion and act accordingly • Public opinion does not always go the president’s way

29. THE MODERN PRESIDENCY • What kind of president is Barack Obama? • Is he ambitious? • Does he put a high premium on bargaining? • Does he utilize “going public”? • Is he a Hamiltonian?