The American Executive A clerkship?

Founding of the Presidency Fears of executive power Fears of chaos from weak executive Founders disagreed about how powerful the president should be

Opposition to the executive “Your president may easily become a King. If your American chief be a man of ambition, how easy it is for him to render himself absolute: The army is in his hands, and if he be a man of address it will be attached to him…and what have you to oppose this force? What will then become of you and your rights? Will not absolute despotism ensue?” --Patrick Henry, opposing ratification by the state of Virginia

Hamilton’s Defense “Energy in the executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property…to the security of liberty against the enterprises and assaults of ambition, faction and anarchy.” –Federalist Papers No. 70

Founding of the Presidency Fears of executive power Fears of chaos from weak executive Founders disagreed about how powerful the president should be Result: vague, shared presidential powers

The President’s Constitutional Powers The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States --Article II, US Constitution

Qualified veto power Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. (No line item veto)

Power to suggest “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient” (Art. II: Sect. 3).

Historical Debates Over Presidential Powers Can the president declare neutrality? When can the president veto a bill? Does the president have extra-constitutional powers? Can the president initiate hostilities without asking Congress?

Misconceptions Bill Clinton: –“I think I have a big responsibility to appropriately consult with Members of Congress in both parties— whenever we are in the process of making a decision which might lead to the use of force. But I think that, clearly, the Constitution leaves the president, for good and sufficient reasons, the ultimate decision making authority.” –“The authority under which air strikes can proceed, acting out of area pursuant to UN authority, requires the common agreement of our NATO allies.”

Richard Neustadt The constitutional presidency is a clerkship Presidential power is the power to persuade The power to persuade is the power to bargain

Neustadt’s argument The president can’t command others A command is a failure of leadership

Why persuasion is necessary “When one man shares authority with another, but does not gain or lose his job upon the other’s whim, his willingness to act upon the urging of the other turns on whether he conceives the action to be right for him. The essence of a President’s persuasive task is to convince such men that what the White House wants of them is what they ought to do for their sake and on their authority.” --Neustadt, Presidential Power, P. 30

Two resources to make persuasion effective Professional reputation Public prestige

Sources of Presidential Power The Constitution Congress Courts Political parties Bureaucracy The public The media International affairs and events Skill & bargaining

Constraints on Presidential Power The Constitution Congress Courts Political parties Federalism Bureaucracy The public The media International affairs and events Skill & bargaining