DO NOW Study the hand-out showing US government shut-downs since the mid-1970s. Is there any pattern to these shut- downs? What can we learn from this table about US government and politics? The powers of the Presidency

To identify and explain the powers of the President To relate the concepts of Federalism and Limited Government to the powers of the President To examine contemporary examples of the use of the presidential powers Learning objectives

Everyone will need in-depth knowledge of GWB and BHO (1 st and 2 nd terms) Everyone can reasonably be expected to know the careers of Presidents from Reagan onwards. You will also need a familiarity with key figures such as Washington, Lincoln and FDR. Students aiming for higher grades (A*-B) should have a working knowledge from Truman onwards. What should I know?

Watch episode #3 of Crash Course: US Government & Politics dealing with Checks and Balances What are the three most important checks on presidential power identified in the video? Recap: checks and balances

Roles of the President These roles are not always clearly stated in the Constitution. So how have they evolved?

The early Presidency Powers of the executive branch; Federalist vs anti-Federalist debate Intended to be above party politics; Washington an explicitly anti-party candidate Debate re. election or appointment ‘Whiskey rebellion’ (1791 – right) as source of inherent powers Mechanism for electing the president evolved over time – Andrew Jackson (1828) first president appointed by an electoral college that had been mostly elected by popular ballot

The Modern Presidency Changes since 1933 "Roosevelt Revolution" (Greenstein) Greater and more accepted role in legislative process Greater use of unilateral powers, e.g. ‘executive orders’, especially in directing foreign policy Expansion of the administrative reach and capability of executive branch Symbol of government (enabled by the medium of mass communication)

Executive Office of the President (EOP) White House Chief of Staff (Denis McDonagh) AdministrationEconomic affairsSecurityHealth & Environment Office of Administration Office of the Management and Budget White House Office Council of Economic Advisers National Economic Council National Security Council Presidential Intelligence Advisory Board White House Military Office Privacy and Civil Liberties Oversight Board Office of National AIDS policy Council of Advisors on the Environment Est. by the Reorganisation Act (1939)

The Modern Presidency (cont’d) Significant limits on presidential power: The president is Commander-in-Chief but only Congress can declare war The president makes government appointments and signs treaties but both require Senate approval The president proposes legislation but has no automatic party majority to see it through Congress The president can veto legislation but Congress can override Congress controls the budget

Head of State The Constitution confers specific powers on the president; He is commander-in-chief of the armed services (but he cannot declare war) He negotiates and signs treaties with other countries (although they need to be ratified by the Senate) He is in charge of diplomatic relations with other countries He has the power to issue pardons to anyone convicted of a crime These duties are carried out in most countries by the Head of State, so the president carries this title, although this is not specified in the Constitution. Head of Government The Constitution also confers the following two powers on the president; He is responsible for appointing people to head government departments, subject to confirmation by the Senate. He can call Congress back into session during a break (recess) at times of national emergency. These duties are carried out in most countries by the head of the government, so the president carries this title, although again this is not specified in the Constitution. Roles of the President

In addition, as specified in a clause in the Constitution, the president shall “from time to time give to Congress information on the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedient” As the State of the Union Address is delivered annually at the end of January. Through the state of the Union, the president takes a leading role in shaping national policy for the year ahead The president also has the power to veto bills that have been passed by Congress (found in Article 1, Section 7). Otherwise, the Constitution gives the president the broad responsibility of ensuring that the laws of the USA are ‘faithfully executed’. Roles of the President

Read through the Politics Review article on the system of limited government Pay particularly close attention to the limits imposed by the Constitution on the role and powers of the President How have these limits been tested by recent events? Identify factors that limit a President’s power to execute each of his/her six roles. What three factors have most affected Presidential power under Bush and Obama? Research

What can the president do?

Executive Orders Presidential Memoranda Presidential Proclamations National Security Directives Impoundment Signing statements Executive power is exercised through a range of mechanisms at the disposal of the President. Executive power

Why use executive powers? Quick in an emergency situation Pay debts to important groups without committing many resources Don’t attract much attention Signing statements prevent vetoes of complex/end of session legislation Why not to use executive powers? Contribute to accumulation of power in executive hands Make it more difficult for successors to govern Undermine existing administrative law procedures Easy for next administration to undo Closed policymaking process = bad policy? Executive power

“The essence of a President’s persuasive task, with Congressmen and everybody else, is to induce them to believe that what he wants of them is what their own appraisal of their own responsibilities requires them to do in their interest, not this.” Prof. Richard Neustadt (1990) Perspective

Power of the PresidentExample Be commander in chief of the Army and Navy when called into service every year, reviews troops and plans strategies, reviews conduct of military operations which he has last word over (e.g. NATO airstrikes against Libya ) Require the opinion of the principal officer in each executive department. October 2011 – cabinet meeting on how to accelerate growth of jobs Have power to grant reprieves and pardons – pardoned Thomas Paul Ledford of conducting illegal download business – pardoned Ricky Dale Collett of aiding and abetting of manufacture of 61 marijuana plants Make treaties.New Start signed 2010, came into effect Nominate and appoint ambassadors, judges of the Supreme Court and all other officers of the United States – appointed James M Come to Deputy Attorney General Matthew Bryza to US ambassador to Azerbaijan, Elena Kagan to US Supreme Court Fill up all vacancies during the recess of the Senate – 4 recess appointments e.g. Richard Cordray as Director of Consumer Finance Protection Bureau Give to Congress information of the state of the union – State of the Union Address, economy, education, ending Iraq war major policies Recommend to their consideration such measures as he shall judge necessary and expedient – Congress barred money from NIH being used for purpose of gun control – Obama stated this would not prevent him from making recommendations on gun control to Congress On extraordinary occasions convene both Houses, or either of them – Special Extension of Congress to intervene in the case of Terri Schiavo, a woman in a persistent vegetative state whose family and husband were at odds over whether to disconnect her feeding tube – passed Schiavo Bill Receive ambassadors and other public ministers. The Queen – hosted farewell dinner for Queen to end her state visit Take care that the laws be faithfully executed – signed National Defense Authorisation Act, gives him authority to indefinitely detain and if not kill, American citizens Commission all the officers of the United States. Military personnel swear to uphold the constitution of the US (including Articles referring to presidential control over military)

Traditionally innocuous Since 1980s, provide the president’s interpretation of a law, announce Constitutional limits on implementatio n of it, or indicate directions about how to administer it. Since 1986, part of official legislative history Used as de facto line item veto since Reagan Signing statements

Presidential accountability Daily - separation of powers Periodic - elections every four years Ultimate - to Congress, through the impeachment process