June 9 th, 2003 THE UNITED STATES SUPREME COURT (Cont’d)

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint

Styles of Decision-Making judicial restraint vs. judicial activismjudicial restraint vs. judicial activism strict constructionism vs. non- constructionismstrict constructionism vs. non- constructionism

Constraints on the Courts decision-making rulesdecision-making rules composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate once appointed, President cannot removeonce appointed, President cannot remove –tenure -- life President only has limited opportunities to appointPresident only has limited opportunities to appoint

Confirms Nominations, Impeach Nominates Judges OVERVIEW: FORMAL CHECKS AND BALANCES

Constraints on the Courts decision-making rulesdecision-making rules composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate once appointed, President cannot removeonce appointed, President cannot remove –tenure -- life President only has limited opportunities to appointPresident only has limited opportunities to appoint concern with legitimacyconcern with legitimacy

Composition of the US Supreme Court Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Main Point! the Supreme Court is politicalthe Supreme Court is political however, it is politics by other meanshowever, it is politics by other means –must conform to rules of judicial reasoning –decisions and behaviour of the courts are constrained by the need to maintain legitimacy intent is to provide balance against branches of government which are more responsive to mass political pressureintent is to provide balance against branches of government which are more responsive to mass political pressure

THE AMERICAN PRESIDENT June 9 th, 2003

Images of the Presidency the “imperial” presidencythe “imperial” presidency the “imperilled” presidencythe “imperilled” presidency the President as persuaderthe President as persuader

Formal Roles of the President formal powers over other branches of governmentformal powers over other branches of government

Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach Nominates Judges VETO! Declare Acts Unconstitutional

Formal Roles of the President formal powers over other branches of governmentformal powers over other branches of government Chief Political ExecutiveChief Political Executive – the White House – Executive Office of the President – the Cabinet Head of StateHead of State Commander in ChiefCommander in Chief Key powers in Foreign PolicyKey powers in Foreign Policy

Formal Limits on the Power of the President CongressCongress

Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach VETO!

Formal Limits on the Power of the President CongressCongress Supreme CourtSupreme Court

Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach Nominates Judges VETO! Declare Acts Unconstitutional

Formal Limits on the Power of the President CongressCongress Supreme CourtSupreme Court Term Limits -- 22nd Amendment (1951)Term Limits -- 22nd Amendment (1951) –lame duck president –unrestrained president

Informal Power of the President five constituenciesfive constituencies – the executive officialdom – Congress – partisans – citizens at large – interests from abroad

Informal Power of the President n five constituencies n unity and energy n symbolic leader

Images of the Presidency the “imperial” presidencythe “imperial” presidency the “imperilled” presidencythe “imperilled” presidency the President as persuaderthe President as persuader

The “Power” of the Presidency? Different Times/Presidents...Different Presidential ImagesDifferent Times/Presidents...Different Presidential Images –electoral mandate

Presidential Election Results

The “Power” of the Presidency? Different Times/Presidents...Different Presidential ImagesDifferent Times/Presidents...Different Presidential Images –electoral mandate –cycle of presidential popularity

The “Power” of the Presidency? Different Policy Areas...Different Presidential ImagesDifferent Policy Areas...Different Presidential Images –domestic policy vs. foreign policy the main formal checks on presidential power tend to operate in the domestic realmthe main formal checks on presidential power tend to operate in the domestic realm –Congress –Supreme Court –military action and presidential popularity

The “Power” of the Presidency? Power to Propose, Power to OpposePower to Propose, Power to Oppose –ability of president to propose ability of president to enact legislationability of president to enact legislation –ability of president to oppose

The “Power” of the Presidency? Different Times/Presidents...Different Presidential ImagesDifferent Times/Presidents...Different Presidential Images Different Policy Areas...Different Presidential ImagesDifferent Policy Areas...Different Presidential Images Power to Propose, Power to OpposePower to Propose, Power to Oppose

Main Point! the power of presidency is...the power of presidency is... –variable and fluid –circumscribed the different images of presidential power mirror the tension between mass politics and concern for individual rights and limited governmentthe different images of presidential power mirror the tension between mass politics and concern for individual rights and limited government tension among different democratic models is evident in the paradoxical public views of the presidency”tension among different democratic models is evident in the paradoxical public views of the presidency”

Paradoxes of the Presidency 1. Demand strong leadership/Suspicious of strong leadership1. Demand strong leadership/Suspicious of strong leadership 2. Want president to represent “common” people; yet want president to be a heroic figure2. Want president to represent “common” people; yet want president to be a heroic figure 3.Want a president that is decent, just, caring, compassionate; yet want the president to be ruthless in situations that require it.3.Want a president that is decent, just, caring, compassionate; yet want the president to be ruthless in situations that require it.

Paradoxes of the Presidency 4. Want president to be “above politics”; yet an effective president must be highly political.4. Want president to be “above politics”; yet an effective president must be highly political. 5. Want a president that can unify diverse people and interests; yet, want a president that will take firm stands on controversial issues (that necessarily divide people)5. Want a president that can unify diverse people and interests; yet, want a president that will take firm stands on controversial issues (that necessarily divide people)

Paradoxes of the Presidency 6. Want president to provide vision, leadership; yet, want president to respond to the will of the people.6. Want president to provide vision, leadership; yet, want president to respond to the will of the people. 7. Want powerful, self-confident leadership; suspicious of leaders who seem arrogant or view themselves as infallible and/or above criticism.7. Want powerful, self-confident leadership; suspicious of leaders who seem arrogant or view themselves as infallible and/or above criticism.

Paradoxes of the Presidency 8. What it takes to become president are not necessarily the traits need to be president.8. What it takes to become president are not necessarily the traits need to be president. 9. Presidents are strong in some areas and weak in others -- leads public to a clash of expectations9. Presidents are strong in some areas and weak in others -- leads public to a clash of expectations