The Constitutional Basis of the Presidency

7. The Constitutional Basis of the Presidency

8. Constitutional Basis of the Presidency • Article II: “The executive power shall be vested in a President of the United States of America” • This affirmed that one person would hold the presidency, allowing for “energy” in times of need

9. Constitutional Basis of the Presidency • Presidential Selection: by Congress or the voters? • Republican solution—state legislatures would select slates of electors, from which the people would pick • If a majority of electors could not agree, the decision would be made by the House of Representatives

10. Constitutional Basis of the Presidency • Presidential candidates were first chosen by the party members in Congress • Led to claims the president was beholden to Congress • Parties later created nominating conventions • Delegates initially selected by state party leaders

11. How Presidents and Vice Presidents are Chosen IF top presidential and vice-presidential candidates receive fewer than 270 electoral votes, decisions are made in the House and Senate. Each state gets one vote in the House, two votes in the Senate. Presidential candidate receives 26 votes or more. General Election (first Tuesday in November) Voters vote for electors Electoral College (1st Monday after second Wednesday in December) Electors vote for president and vice president respectively President elected If no pres. Candidate receives 26 votes by Jan. 20, and v.p. has been elected, v.p. becomes acting pres. until pres. is elected by the House. House Representatives vote for president by state. Majority is needed to win. If neither candidate is elected by Jan. 20, speaker of the House becomes acting pres. until pres. is elected by the House. Senate Senators vote for vice president (from top 2 candidates). Majority is needed to win. Top presidential candidate receives 270 votes or more Top vice-presidential candidate receives 270 votes or more If no v.p. candidate is elected by Jan. 20, and pres. has been elected, a v.p. is appointed by the pres. and approved by Congress. President elected Vice president elected Vice president elected Vice presidential candidate receives 51 votes or more.

12. Constitutional Powers of the Presidency • Delegated Powers: The president “shall take Care that the Laws be faithfully executed” • Congress delegates the power to enact its will to the executive branch

13. Constitutional Powers of the Presidency • Expressed Powers: Powers granted to the president by the Constitution • Military • Judicial • Diplomatic • Executive • Legislative

14. A schema of Presidential Roles/Powers • President has two general categories of powers/roles • HOS – Head of State • HOG – Head of Government • HOS: ceremonial, symbolic status as the embodiment of the American nation (non-political)

15. Expressed Powers

16. Constitutional Powers of the Presidency • Inherent Powers: Presidential powers implied, but not directly stated, by the Constitution • Executive Orders • Other powers as needed

17. President as HOG • HOG: executive in charge of the nation (political roles/jobs/powers) • Commander in Chief • Chief diplomat • Chief legislator • Chief jurist • Chief executive • Party chief

18. Expressed Powers

19. Constitutional Powers of the Presidency • Military Powers • President is Commander in Chief • Congress has power to declare war, but in last 50 years this has been ignored • Can deploy troops domestically in an emergency, to enforce a federal judicial order, or to protect federally guaranteed civil rights

20. Constitutional Powers of the Presidency • Judicial Powers • President can “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

21. Constitutional Powers of the Presidency • Diplomatic Powers • President is the Head of State • Receives “Ambassadors and other public Ministers” • Acknowledges which foreign governments are legitimate • Treaties/Executive Agreements

22. Constitutional Powers of the Presidency • Executive Powers • President must make sure that all laws are faithfully executed • Can appoint, remove, and supervise all executive officers • Has power to appoint all federal judges

23. Constitutional Powers of the Presidency • Legislative Powers • Addresses Congress on the state of the union • Submits proposals for legislation • Can veto bills • Has power to issue executive orders

24. The Veto Process

25. Presidential Vetoes (1789–2008)

26. Presidential Vetoes (1789–2008) (cont’d)

27. Presidential Vetoes (1789–2008) (cont’d)

28. Constitutional Powers of the Presidency • Delegated Powers • Congress delegates powers to the executive branch when it creates agencies that must use discretion to fulfill their missions

29. Patronage • The power to reward supporters through the power to make appointments is a important institutional resource for the president • The Merit System, designed to end the spoils system, limits this power

30. Innovations in Presidential Power • Techniques first used in the middle of the 20th century now have become mature tools • Going public • TR/ WW first, but the master was FDR+ • FDR: • Hostile press, mold and use them to mold PO • Direct link w/ Pple.

31. FDR 2 • How? • Press conference –b-/wkly • On/off record • Good stories • Press secretary • Now? • Town hall meetings/ friendly journalist • Clinton: war room • White House Comm office. “manage news”

32. Limits of Going Public • Public is fickle • Examples • Some decline is inevitable = can’t fulfill all promises – sppt/ popularity decays over time • When sppt declines, influence decays • Less going public because of this • Go form offense GP to defense GP

33. The use of the Administrative state • Reach and pow of EOP • Greater control of Bureaucracy • Expand role of executive orders and other tools of direct presidential governance. • Together = administrative state/strategy • Can do much without Congressional approval, sometimes against Congressional approval. • Role of OMB

34. Regulatory review • Laws passed by Congre need rules/regulations = discretion • Ex of Clinton = 107 directives telling admin to adopt specific rules • Government by decree: executive orders • Ex orders • Ex agreements • Nat sec findings • Directives • Proclamations • Reorgan plans • Signing statements

35. The Role of Wars and Emergenices • Ex agreements = replaced treaties?? • Often used for purely domestic purp • Use of decrees bound by law, cannot do everything or anything • Must be based in constitution or congress statute • When not = crts held void • Imp case = Youngstown Co v Sawyers – steel case seizure of 1952 • No takeover of steel mills during Korean War

36. Review 2 • Tribute of the people • Executive privilege • Genet affair • War time democracy • Bully pulpit • Government as agent of reform • President and economic security • Common good v. “economic freedom”

37. Work in the White House

38. The Presidency as an Institution • The president has thousands of staff who work for his or her administration

39. The Presidency as an Institution

40. The Presidency as an Institution • The Cabinet • Origin: Early presidents had a secretary who would store the president’s papers in a cabinet • The Cabinet: Heads of the major executive branch departments

41. The Presidency as an Institution • White House Staff • Analysts and political advisors who inform the president about policies and their political implications • Not to be confused with the Executive Office of the President

42. The Presidency as an Institution • Executive Office of the President • Permanent agencies that perform specific management tasks for the president • Office of Management and Budget (OMB) • Must approve every proposal from an executive agency that requires spending

43. The Presidency as an Institution • Vice Presidency • The role of the Vice President varies • Only constitutional role is to preside over the Senate • Expected to remain informed enough to take over immediately as president

44. The First Spouse

45. The Presidency as an Institution • The First Spouse • This role also varies from administration to administration • Traditionally performed primarily ceremonial roles • Now often take a more active roll; defining the position can be difficult

46. Contemporary Bases of Presidential Power • Sources of presidential strength: • Party • Popular Mobilization • Administration

47. Contemporary Bases of Presidential Power • Party • When the president’s party controls Congress and they share policy goals, the president can have tremendous influence • This is a two-edged sword when the opposing party is in power

48. Groups as a Presidential Resource • Franklin Roosevelt’s New Deal Coalition assisted the passage of New Deal legislation • Similarly, groups supporting Ronald Reagan permitted a number of legislative victories in the 1980s

49. Presidential Success on Congressional Votes

50. Contemporary Bases of Presidential Power • Going Public • 19th century presidents were expected to be unifiers, and not speak out in public about policies • Now presidents must carefully cultivate their public image