“Presidential Relations with Congress” Roger H. Davidson

Argument Nature of Executive/Legislative Relationship Linkages between the two branches are at the heart of the policy making process. Modern Government: Conflict-Ridden Though there have been periods of consensus between the president and Congress, the modern era has often been defined by conflict. Examples: Clinton’s 1998 Impeachment Obama 2009 Health Care Speech: “You Lie” (Joe Wilson)

The Constitutional Formula Constitutional Foundations of Legislative and Executive Power Legislative Power: Article I The Constitution grants broad powers to the legislature. Example: Article I, Section 8 Power to Tax, Impeach, declare War

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

The Constitutional Formula Constitutional Foundations of Legislative and Executive Power Executive Power: Article II But the presidency is not without its own constitutional powers Examples: Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Veto Power

Legislative President Power of Modern President: Agenda-Setting One power not expressed in Article II is the “power to persuade,” as Neustadt described. Modern presidents have become powerful advocates for their own agenda.

Legislative President Power of Modern President: Agenda-Setting When working with Congress, presidents have to engage legislators at least four levels: 1) Congressional Leadership 2) Key Committees and Working Groups 3) Individual Members 4) Congress as a Whole: Media, Grassroots Mobilization

Legislative President Congressional Leadership Given the increasingly powerful nature of party leadership in Congress (particularly the House), most presidents start their congressional outreach with the majority leadership. A Two-Way Relationship Meetings between the president and the congressional leadership enable both to communicate their objectives, as wells as their reservations, in addition to sharing critical information. Examples: Failed Susan Rice Nomination as Secretary of State

Legislative President Committees and Working Groups Congressional bargaining also requires navigating the bewilderingly complex jurisdictional lines separating the leading congressional committees. Examples: Health Care Senate: 11 Committees House: 5 Committees Environment: Senate: 1 Leading, 9 Related House: 11 Committees

Legislative President Individual Members As we have discussed, individuals members are subject to a array of pressures: institutional, pluralist, electoral (rational self-interest). Presidential Liaison Offices Since JFK, presidents have maintained a separate office dedicated to understanding the interests and calculations of every member of Congress.

Legislative President Public Opinion and Media Advocacy Presidents have “gone public” with their agenda since the early 20 century. Doing so can rally public support as well as “special interest” (lobbying) support, but t can also alienate members of Congress and heighten expectations. Examples: Clinton: Health Care Reform Clinton went public, but doing so mobilized his opponents in the health insurance lobby. Bush: Iraq Resolution Soured Congress to other aspects of Bush agenda