Chapter 14 Part Two The Presidency

Dichotomies of the Presidency When a president is weighing his options his choices are never as clear as we in the public would like to believe. In fact, there are some very clear dichotomies when looking at the responsibilities of the President of the United States. The next few slides will look at some of those dichotomies including: Authority versus Practice (power) The Office versus the Office Holder Chief (head) of State versus Chief Executive National versus Party Constituencies

Authority versus Practice Article II of the U.S. Constitution sets out the authority of the President. But, the things that Geo. Washington did in 1791 is much different that the things that Geo. Bush did in WHY? Same reason that some husbands continue to abuse their spouse, or some police continue to abuse their power. No one is authorized to abuse another. Then why do they do it? Because they are allowed to do it. The President does things today that he could not do in years past simply because we give his the power to do it. i.e. Legislative Power of the president. The new powers that we give the president tend to be cumulative. Once the president gets a power they tend not to want to give them back.

The Office versus the Office Holder As with any situation, the individual addressing the situation has a great impact on the outcome of the situation. The perspective of the individual can cause great differences in the outcome of two very similar situations. Regardless of who holds the office of president, they will command a certain level of respect and authority, which will allow them to accomplish certain things. But, in many situations. the perspective of the INDIVIDUAL will have more of an effect on what Is accomplished. For example. The theory of presidential power held by a given president. Whig versus Steward Models of Presidential Power.

Chief of State versus Chief Executive Head of State – the person that conducts the activities of the government that generates respect & loyalty. Official or ceremonial duties. (textbook calls this the DIGNIFIED ASPECT of government) Chief Executive – the person that conducts the day to day, or administrative activities of the government. (textbook calls this the EFFICIENT ASPECT of government) In many countries these duties are carried out by two different offices or individuals. i.e. Great Britain The Queen and the Prime Minister. In the United States these duties are carried out by the same person. The President of The United States

National versus Party Constituencies The President is the only person elected to REPRESENT THE WHOLE COUNTRY. This gives him great power to influence many things. But, it also leaves him open to many criticisms. After all, he is elected to represent all Americans, and if 45% of Americans are being “hurt” by national policies, then it is his fault. If the president then tries to address the needs of that 45%, which are probably from the “other” party he is going to be criticized by “HIS” party. The president is both: THE LEADER OF THIS COUNTRY & THE LEADER OF HIS PARTY

Constitutional Authority of the President (and oh yeah, the Checks that Congress has on each of those authorities) 1.To Inform and Persuade. 2.The Veto Power. 3.The Appointment Power. 4.The Power to Recommend. 5.Inherent Executive Power.

To Inform and Persuade Bully Pulpit: – term developed by Teddy Roosevelt to explain the reality that anything that the president says or does attracts attention. He felt that the president therefore was “obligated” to use his office for good. i.e.. His championing of the Conservation Movement in the US. State of the Union Address: -- The Constitution requires the president to report to Congress on the “state of the union.” -- It is not required that it be in the form of a joint address (speech) to Congress. It was not until recent or modern U.S. history that the report was given orally as a speech. From 1801 to 1912 all but a few were written reports sent to the Congress. -- Technological advances made the State of the Union Address another chance for the president to use his BULLY PULPIT. CONGRESSIONAL CHECK: NONE

VETO POWER 1. Veto 2. Pocket Veto 3. Line Item Veto CONGRESSIONAL CHECK: Two-Thirds Vote in EACH house of Congress

Appointment Power Judges: ALL federal judges are appointed by the president. -- he spends the most time and effort dealing with Supreme Court Justices -- lower federal judges are officially appointed by the president but many time slower level officials make official recommendations that the president reviews. Cabinet Secretaries: -- Fifteen departments that run the federal bureaucracy. -- generally political patronage jobs. -- responsible to both the president and congress. CONGRESSIONAL CHECK: Presidential appointments subject to Congressional approval (Senate).

Power to Recommend Power has the ability to recommend the issues and legislative agenda that Congress should address. The success of such attempts to influence the Congressional agenda is very dependent on the PERSONALITY of the officeholder. WHIG OR STEWARD i.e. FDR and his “New Deal”, LBY and his “New Society” Honeymoon Period: -- presidents must articulate their ideas and suggestions before the “newness” of the recently elected president wears off. -- FDR wanted his ideas enacted within his “First 100 Days.” -- We usually see a review of news president “First 100 Days.” CONGRESSIONAL CHECK: Only Congress can enact an idea into law

Inherent Executive Powers “The executive power shall be vested in a President.” In other words…… All other powers necessary and proper to carry out executive power. Issues that the president has to address change, as society and technology changes. For that reason, they did not list all the specific powers that the president Does or will have. Those powers and authorities will, from time to time change. Some specific executive powers the president has: Executive Orders Executive Privilege Power to Pardon

Ultimate Congressional Check of Presidential Power Impeachment & Removal Impeachment: -- conducted by the House of Representative. -- equivalent to a person being “indicted” for a crime. -- requires a simple majority of House to vote for impeachment. Removal: -- to remove a president from office he must be “impeached.” and be convicted in a trial. -- trial is conducted by the Senate. -- Senators act as jurors. -- Chief Justice of Supreme Court presides over the trial. -- to be convicted Two-Thirds of the Senators must vote to do so. Presidents Andrew Johnson and Bill Clinton to be impeached. No President ever removed from office.