THE PRESIDENCY Article II, Section 1, of the Constitution sets forth the qualifications to be president. Must be 35, a natural-born citizen, and 14 year residency. As of 2003, Salaries are $400,000 for POTUS along with a $50,000 annual expense account, a $100,000 non-taxable travel account and $19,000 for entertainment , $230,700 for VP, $199,700 for Cabinet member

States in the Nation

2008 Presidential Election

The White House www.whitehousemuseum.org Construction began when the first cornerstone was laid in October of 1792. Although President Washington oversaw the construction of the house, he never lived in it. It was not until 1800, when the White House was nearly completed, that its first residents, President John Adams and his wife, Abigail, moved in. Since that time, each President has made his own changes and additions. The White House is, after all, the President’s private home. It is also the only private residence of a head of state that is open to the public, free of charge. The White House has a unique and fascinating history. It survived a fire at the hands of the British in 1814 (during the war of 1812) and another fire in the West Wing in 1929, while Herbert Hoover was President. Throughout much of Harry S. Truman’s presidency, the interior of the house, with the exception of the third floor, was completely gutted and renovated while the Trumans lived at Blair House, right across Pennsylvania Avenue. Nonetheless, the exterior stone walls are those first put in place when the White House was constructed two centuries ago. www.whitehousemuseum.org

The Expanding Presidency Presidential responsibilities, burdens, power, and impact have increased dramatically since the nation’s founding. The Founders’ conception of the office of President was much more limited than what we see in the modern Presidency. The vague language of the Constitution has been flexible enough to include the great expansion of the Presidency that has occurred. The framers wanted an executive that could act with “dispatch” against threats but they were also worried about the power of a single executive. They gave the president powers but they also limited the office. Hamilton said in Federalist 70 that a “feeble executive implies a feeble execution of the government…and a government ill executed, whatever it may be in theory, must be in practice a bad government.” The American system’s design affects the presidency—it is neither a parliamentary democracy nor a wholly executive-dominated government. The framers designed it to have a single presidency for the energy necessary—risk tyranny for some efficiency. They gave the office four-year terms and created the vice presidency without much debate.

The Dormant Presidency Until the end of the 19th century, the Presidency conformed basically to the designs and intentions of the Founders. The nation did not often require a very strong Presidency prior to the 20th century. Structural changes since the end of the nineteenth century: America becomes a world power with a corporate-dominated economy

Important early Presidents Washington Jefferson Jackson Polk Lincoln Precedents set by Washington: Presidential title, Two term limit, White House staff, Department secretaries, President as sole authority in supervising executive branch

Twentieth-Century Transformation In the 20th century, new structural conditions made an expanded Presidency both possible and necessary. Theodore Roosevelt Woodrow Wilson Franklin Roosevelt World War II Since FDR’s time, all U.S. Presidents have administered a huge national state with large standing armed forces, nuclear weapons, and bases all around the world. Harry Truman John F. Kennedy Ronald Reagan The history of presidential power is one of steady and uneven growth. Approximately one-third have enlarged its powers and much of the expansion has occurred during wartime or national crises.

The Many Roles of the President The many “hats” that presidents wear simultaneously Chief of State Chief Executive The Powers of Appointment and Removal The Power to Grant Reprieves and Pardons Commander in Chief Wartime Powers War Powers Resolution Joint Chief Legislator Getting Legislation Passed Saying No to Legislation The Line-Item Veto Congress’ Power to Override Presidential Vetoes Perhaps the most important piece for students to note about the presidency is the vesting clause— “executive Power shall be vested in a President.” Presidents use this to argue that they control everything that happens in the executive branch after a bill becomes law. The Supreme Court checks this every once in a while. Framers expected George Washington to be the first president and he established many precedents for the nation and the office. The commander in chief means that the president is in charge of the armed forces—presidents use this power to make war even when Congress has not declared. The president has the authority to negotiate treaties—binding and public agreement between the United States and one or more nations—his makes him diplomat in chief. He can also make executive agreements which do not need Senate confirmation. The president is also in charge of the day-to-day operations of federal departments and agencies.

The Many Roles of the President More “hats” that presidents wear simultaneously Manager of the Economy Chief Diplomat Diplomatic Recognition Proposal and Ratification of Treaties Executive Agreements Head of the Political Party Other Presidential Powers Powers that Congress has bestowed on the president by statute (statutory powers) and those that are considered inherent powers. Each of the Presidential functions or “hats” is demanding; together, they are overwhelming.

The President’s Staff and Cabinet White House staff Key aides who are the President’s closest and most trusted advisors Chief of Staff National Security Adviser The exact shape of the White House staff changes from one Presidency to another and is used by different presidents in various ways. Typically the White House staff has more influence over the president than the Cabinet.

Executive Office of the President (EOP) —a group of permanent Presidential staff organizations that perform specialized functions Office of Management and Budget Council of Economic Advisers National Security Council Each office in the EOP serves a purpose—each president gets to design it the way he wants to best serve his needs. Talk about what offices there are listed here and what that says about Obama’s presidency.

Vice-Presidency Originally, the vice-president was the runner-up in the electoral college vote The 12th Amendment (1804) encouraged two candidates to run together as a presidential ticket No constitutional powers or duties except to serve as President of the Senate, a ceremonial function of no real power Beginning in the 1950s, the role of vice president became more important Presidential succession

A new administration taking shape The Cabinet —not mentioned in the Constitution, but all Presidents have had one; the cabinet is a highly visible symbol of the executive branch, but Presidents have usually not relied upon it as a decision-making body. Clockwise from top: Agriculture, Education, Interior, Energy, State, Defense, HUD, Treasury, VA, Commerce, White House Chief of Staff, Labor, Transportation, HHS, Attorney General, Homeland Security A new administration taking shape

The President and the Bureaucracy Presidents have significant controls with regard to the bureaucracy, but the President’s ability to give orders and to gain bureaucratic acquiescence is limited. Many people erroneously assume that the President has firm control over the executive branch of government. To a large extent, Presidents must persuade other executive branch officials to take certain actions. “Presidential power is the power to persuade.”

Going Public By the beginning of the twentieth century, the presidency had undergone a basic transformation: presidents began to speak directly to the public. Woodrow Wilson created a new constitutional theory advocating close connections between the president and the public. All presidents now attempt to respond to public opinion, and all try to speak directly to the people about policy. Contemporary presidents frequently go public by using television to bypass Congress and the press.

Using the Media Modern Presidents have used television to enhance their power to shape public opinion. Leading public opinion Responding to the public Quiet influence Listening to the public

The President and the People: An Evolving Relationship Early Presidents: seen as an elite leader, relatively distant from the public Quickly evolved into a more democratic system, in which the people played a more direct role. By 1880, the two-party system had begun to develop. Early in the 19th century, state legislatures began to turn the power to choose Presidential electors over to the people through direct election. The base of suffrage broadened.

How Democratic Is the Presidency? Determining how democratic the Presidency is becomes an extremely difficult task. However, the office is considerably more democratic than envisioned by the authors of the Constitution.

The Powers of the Presidency Divided Powers Presidential Powers Commander in Chief of the armed forces, but Congress is charged with declaring wars “Presidential prerogative” versus War Powers Act Diplomat in Chief Appoint & Receive ambassadors Negotiate Treaties Executive Agreements Fast-track trade authority Meet with foreign leaders to forge ties and make formal alliances

The Powers of the Presidency Administrator in Chief Additional Executive Powers Appointment Veto and pocket veto Pardon “Take care” power Article II, Sec. 3: Presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws Sometimes used by presidents to claim inherent powers (powers that grow out of the very existence of government) Inform and convene Congress State of the Union address The Constitution gives the president authority to appoint all judges, ambassadors and officers of the executive branch. These appointments are subject to Senate approval. Presidents also have the authority to say no to legislation. A veto is a formal decision to reject a bill passed by Congress while a pocket veto is a formal decision to reject a bill passed by Congress after it adjourns. Congress can override a veto with a 2/3 vote in each chamber but it has done this to less than 10 percent of presidents’ vetoes. Presidents also have the ability to pardon—which is directly traceable to the royal authority of the king of England. This is perhaps the most delicate power a president exercises—it allows him to take away the result of the judicial system. The take care clause says that the president has the responsibility for implementing the laws Congress enacts. Presidents use this clause to claim inherent powers—those they believe essential to protect the nation. Finally, presidents are required to give a State of the Union address which gives them a significant platform from which to set their agenda.

The War Power Executive Orders Presidents have defended their power to engage American military troops In 1973, Congress enacted the War Powers Act in order to limit the ability of the president to commit the armed forces of the United States; however, presidents have generally ignored it In Korea, Vietnam, Grenada, Panama, Iraq (twice), Kosovo, and Afghanistan, the president did not ask Congress for a formal declaration of war Executive Orders Formal directives that are just as strong as laws and can be challenged in the courts Used frequently throughout American history

Executive Orders Presidents have issued nearly 14,000 executive orders since Washington. The average number of the executive orders has declined over the past six decades because presidents are using other tools.

Executive Privilege The courts have recognized that presidents have the power to keep secrets; however, some experts argue that executive privilege has no constitutional basis Richard Nixon and George W. Bush created controversy by invoking executive privilege Boxes of newly released files from Richard M. Nixon's presidential papers United States v. Nixon - limited executive privilege Clinton’s Attempted Use of Executive Privilege

The Structure of the Presidency Presidential Succession: Twentieth Amendment Twenty-second Amendment Twenty-fifth Amendment * Impeachment Andrew Johnson and Bill Clinton: Charged by House, acquitted by Senate * Resignation Richard Nixon: Resigned while House was drafting charges * Reelection defeat * Retirement * Death

Click the icon to open the movie Abuses of Executive Power and Impeachment Impeachment is the formal accusation against the president or another public official. Impeachment charges have been filed against nine presidents in history, but the House has voted only twice to impeach—1868 against Andrew Johnson and 1998 against Bill Clinton. Both trials resulted in acquittals. In 1967, the 25th Amendment was ratified which allowed for the temporary removal of a president If the vice president and a majority of either Congress or department secretaries declare him unable to serve. If the president dies or resigns, the vice president becomes president and then must nominate a new vice president to be confirmed by a majority vote in both chambers of Congress. Click the icon to open the movie

Roles Assumed by the President Presidents as Crisis Managers Emergency Powers Executive Orders Presidents as Morale Builders Presidents as Recruiters Presidents as Priority and Agenda Setters National Security Policy Economic Policy Domestic Policy U.S. citizens want the chief executive to be an international peacemaker as well as national morale builder, a politician in chief as well as commander in chief. Presidents are the chief of of state and thus must project a sense of national unity and authority. Presidents are also responsible for proposing initiatives in foreign policy and economic growth and stability. Presidents promote policies to handle the economy. Presidents also are expected to respond to public demand. Finally, the president has the most power in national security policy—the Supreme Court has supported this. Finally, presidents spend most of their time persuading people—Neustadt calls this the president’s chief power. In order to do a better job persuading, presidents have gone public, which means carefully staging events before friendly audiences that show strong support for the president.

Roles Assumed by the President (continue) Presidents as Legislative and Political Coalition Builders Presidents and the Public Presidents as Party Leaders

Holding Presidents Accountable Reelection and Legacy Congress and the President The Supreme Court and the President The Media and the President Public Opinion and Presidential Accountability

Judging Presidential Greatness History tends to judge wars as the most significant test of a president’s leadership. Presidents also are judged by their ability to promote a distinctive vision of where the nation should go. Corruption and inability to deal with economic problems are sure paths to failure.

Presidential Greatness So many opinions. Your educated opinion counts too.

Presidential Mandates A president’s claim of broad public support for the president or a policy issue Depends in part on public approval, which generally falls over time Presidents also benefit from rally points, spikes in public approval following a crisis Presidents have had a substantial, if not always dominant role in shaping what Congress does. Primary vehicle for this role is the agenda, an informal list of presidential top legislative priorities. Presidential mandates are those presidents who enter office with a large electoral margin, high public approval and a party majority in Congress. The mandate to govern depends on public approval which generally falls over time. At times the president benefits from events. The longer presidents stay in office, the better they get at being president. Over time, the reputation of the president has declined as scandals and wars have raised questions about the office’s legitimacy.

The Role of Presidential Popularity The public’s influence works through Presidential popularity or unpopularity. Presidents have strong incentives to anticipate public reactions and to do things that will please the public. Determinants of Presidential popularity Time The economy War History tends to judge wars as the most significant test of a president’s leadership. Presidents also are judged by their ability to promote a distinctive vision of where the nation should go. Corruption and inability to deal with economic problems are sure paths to failure.

What makes a President successful with Congress? Party and ideology Foreign policy and national security issues Presidential vetoes Presidential popularity Legislative skills 2008 2010 Democrats S – D, H - D Barack Obama, Democrat

Presidential Popularity This chart demonstrates the public approval of presidents going back to Eisenhower. Note that Bush was the first incumbent to win with low approval ratings. There are also rally points—spikes in public approval following a crisis.

The President & Congress: Perpetual Tug-of-War Conflict by constitutional design Separate elections Competing constituencies Competing calendars Competing campaigns Shared powers Potential for divided government and “gridlock” Congress and the president disagree for many reasons. First, framers guaranteed Congress members would disagree with the president because they represent different constituencies. Second, Congress and the president do not share the same terms of office, presidents will be gone in eight years while members of Congress can serve for decades. Thus, presidents are more urgent. The Constitution ensures that Congress and president run different kinds of campaigns. They run independently from each other. Presidential Vetoes