The Presidency Chapter 8 American Government: Continuity and Change 9th Edition (to accompany Comprehensive, Alternate, Texas, and Essentials Editions) O’Connor and Sabato Pearson Education, Inc. © 2008

The Origins and Rules Governing the Office of President of the United States Royal Governor Earliest example of executive power in the colonies Appointees of the King “Powers of appointment, military command, expenditure, and — within limitations — pardon as well as with large powers in connection with the powers of lawmaking” Disdained and distrusted by colonists After the American Revolution, state constitutions limited the powers of governors. Those who were directly elected, as in NY, were given greater powers.

Origins and Rules of the Presidency Under the Articles No executive branch 18 different men served as president of the Continental Congress in name only Had no actual authority Delegates to the Constitutional Convention believed an executive was needed. Difficulty determining how to select the president Created the Electoral College Other areas less difficult to resolve

Presidential Qualifications and Terms of Office Must be a natural-born citizen At least 35 years of age Resident of the U.S. for at least 14 years Serves a four-year term with eligibility for reelection First president, Washington, sought reelection once - set tradition/precedent Franklin D. Roosevelt elected four times Twenty-Second Amendment (ratified in 1951) limits presidents to two four-year terms

Office of Vice President Orderly transfer of power if official, immediate stand in for the president required Death or emergency Also made vice president the preceding officer of the Senate (except in cases of impeachment) Did not want any state short their senator VP could break ties

Impeachment Impeachment First step in the process The power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other “civil officers” with “Treason, Bribery, or other high Crimes and Misdemeanors” First step in the process Check on the president by Congress Only two presidents impeached Andrew Johnson and Bill Clinton Nixon resigned before he could be impeached.

Rules of Succession Eight presidents have died in office. William Henry Harrison the first- caught cold at his inauguration in 1841 and died one month later Abraham Lincoln first president to be assassinated in 1865 1947 Congress passed the Presidential Succession Act Lists in order those in line after the vice president to succeed the president Speaker of the House of Representatives President pro tempore of the Senate Secretaries of state, treasury, and defense, and other Cabinet heads in order of the creation of their department Secretary of Homeland Security may get to move to the 8th position, after the Attorney General, if the law is changed Never used There has always been a VP

Twenty-Fifth Amendment Adopted 1967 to set procedures for: filling vacancies in the office of president and vice president. procedures to deal with the disability of a president. President may appoint a new VP, subject to the approval of a simple majority of Congress Used twice Nixon to replace Agnew with Ford Ford to select new VP Also contains a section that allows the VP and a majority of the Cabinet (or some other body determined by Congress) to deem a president unable to fulfill his duties President can also voluntarily relinquish duties 1985, Reagan made G.H.W. Bush acting president during Reagan’s eight-hour surgery VP Cheney acting president in 2002 while Pres. Bush underwent a colonoscopy

Constitutional Powers of the President Appointment Power Power to convene Congress Power to make treaties Executive agreements Formal government agreement entered into by the president that does not require the advice and consent of the Senate Veto Power Formal constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing their becoming law without further congressional action Line-item veto Commander in Chief War Powers Act 1973 Pardoning Power Pardon: An executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime

The Development and Expansion of Presidential Power President’s authority is limited by the formal powers found in Article II of the Constitution Crises may trigger expansions of presidential power Presidents face limitations as well as opportunities as the nature of the times may dictate.

Establishing the President’s Authority: The First Presidents President Washington’s precedents Established the primacy of the national government Held regular meetings with his advisers (establishing the Cabinet system) Asserted the prominence of the chief executive’s role in foreign affairs Claimed inherent power of the presidency Powers that can be derived or inferred from what is formally described in the Constitution John Adams Emergence of political parties Thomas Jefferson Role of president in the legislative process

Incremental Expansion of Presidential Powers: 1809-1933 Most presidents from Madison to Hoover failed to exercise the powers of the presidency in any significant manner Andrew Jackson was the first president to act as strong national leader. Made extensive use of veto power Reasserted the supremacy of the national government (and the presidency) by facing down South Carolina’s nullification of a federal tariff law

Incremental Expansion of Presidential Powers: 1809-1933 Lincoln argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis in order to make sure the laws of the U.S. were faithfully executed Suspended the write of habeas corpus Expanded the size of U.S. army above Congress’s mandates Ordered a blockade of southern ports (initiating war without congressional approval) Closed the U.S. mails to treasonable mailings

The Growth of the Modern Presidency Today Congress often is just too slow to respond to fast-changing events (esp. in foreign affairs). In the 20th and 21st centuries, the trend has been for presidential decision making to be more important. Trend began with the four-term presidency of F.D.R. New Deal brought new bureaucracy F.D.R. personalized the presidency Picture from National Gallery/national archives.

The Presidential Establishment Vice President The Cabinet No basis in the Constitution Informal institution Major function: advisory The First Lady Abigail Adams Edith Bolling Gait Wilson Eleanor Roosevelt Hillary R. Clinton Laura Bush Picture from the National Archives

The Executive Office of the President EOP Establishment created in 1939 to help the president oversee the executive branch bureaucracy Most important members: National Security Council Council of Economic Advisors Office of Management and Budget Office of the Vice President U.S. Trade Representative

The White House Staff Personal assistants to the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides Chief of Staff Size increased over time Bill Clinton cut staff by 15% Current White House has 435 staffers

President as Policy Maker FDR sent a legislative package to Congress and broke tradition. He said, “It is the duty of the President to propose and it is the privilege of the Congress to dispose.” Shifted the presidency into a law- and policy-maker role National Archives

President’s Role in Proposing and Facilitating Legislation Today the public expects the president to formulate legislative plans to propose to Congress. Presidents must construct coalitions within Congress that will work for passage of his legislation. Difficult task, particularly when president presides over divided government More likely to win on bills central to their announced agenda Better to initiate early in term (honeymoon) Can use patronage and personal rewards to gain support Use political party as a support

The Budgetary Process and Legislative Implementation Congress had primary responsibility for the budget process until 1930 1921- Creation of the Bureau of the Budget 1930 - Bureau of Budget moved to EOP 1970 - Nixon changed its name to Office of Management and Budget OMB prepares the president’s annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Policy Making Through Regulation Executive Order: A rule or regulation issued by the president that has the effect of law All executive orders must be published in the Federal Register Truman ordered an end to segregation in the military via an executive order Affirmative action was institutionalized as national policy through Executive Order 11246 by L.B. Johnson in 1966 G.W. Bush executive orders Stem cell research Military tribunals 1978 Presidential Records Act

Presidential Leadership Often the difference between great and mediocre presidents centers on their ability to grasp the importance of leadership style. Seat of power from which decisions could flow to shape the national destiny Neustadt - presidential power is the power to persuade

The Power to Persuade Going Public Mobilizing public opinion by going directly to the public Going over the heads of Congress to gain support from the people who can then put pressure on their elected officials in Washington Picture from White House web page/public use/educational purposes

Public’s Perception of Presidential Performance President has the best chances of convincing Congress to follow his policy lead when his public opinion ratings are high Presidential popularity, however, follows a cyclical pattern Highest level of approval at the beginning of their terms Each action the president takes is divisive (some will approve, others will not) Disapproval tends to have a cumulative effect so in general approval wanes over time Since Lyndon Johnson’s presidency, only four presidents have left office with approval ratings of more than 50%