October 23, 2015October 23, 2015October 23, 2015 Introduction to American Politics 1 The Presidency Frank Brooks

2October 23, 2015October 23, 2015October 23, 2015 How Important is the President? Much more typical focus of attention than Congress One person v. 535 (or a dozen or so leaders) One person v. 535 (or a dozen or so leaders) Chief executive as leader, parental figure, “king” Chief executive as leader, parental figure, “king” President v. Presidency One person v. branch of government One person v. branch of government Relevant to consider not only functions of president but structure of presidency Relevant to consider not only functions of president but structure of presidency Presidential power v. Congressional power Not fused as in a parliamentary system Not fused as in a parliamentary system It’s essential to consider checks and balances It’s essential to consider checks and balances

3October 23, 2015October 23, 2015October 23, 2015 Presidential Power and Presidential Authority Power (to) – capacity to accomplish some goal (energy over time) (to) – capacity to accomplish some goal (energy over time) (over) – prevailing against opposition (over) – prevailing against opposition Authority – legitimate claim to exercise power Sources of presidential authority Delegated powers in Constitution Delegated powers in Constitution Broader executive powers; general expectations of “leadership” Broader executive powers; general expectations of “leadership” Functional (comparative) Historical (evolved) Dilemmas of presidential power Too much? Too little? Too much? Too little? Often depends on one’s opinions on Presidential policy – that is, how power is used (not how much) Often depends on one’s opinions on Presidential policy – that is, how power is used (not how much) Exercising power without authority (or “excessive” claims to authority) Exercising power without authority (or “excessive” claims to authority) Having authority without capacity to exercise it Having authority without capacity to exercise it

4October 23, 2015October 23, 2015October 23, 2015 Constitutional Authorities: Military Military Powers Theoretical/historical context Theoretical/historical context Republican theory: militias v. standing armies Standing army seen as tool /bulwark of monarchy (tyranny) Civilian control and checks paramount Civilian control and checks paramount Commander in Chief of armed forces Art. 2, Sec. 2: “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” Art. 2, Sec. 2: “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” Congress declares war (and approves funding) Congress declares war (and approves funding) Checks and Balances Checks and Balances Domestic use of military Natural emergencies (mostly National Guard, i.e. state militaries) Natural emergencies (mostly National Guard, i.e. state militaries) Civil and political disorder Civil and political disorder

5October 23, 2015October 23, 2015October 23, 2015 Constitutional Authorities: Diplomatic President is in effect the “chief diplomat” (head of state function) Constitution provides two key diplomatic authorities Negotiating Treaties Art. 2, Sec. 2: President has the "power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." Art. 2, Sec. 2: President has the "power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." i.e. checked by Senate (2/3 vote to ratify) i.e. checked by Senate (2/3 vote to ratify) Loophole: “Executive Agreements” Loophole: “Executive Agreements”“Executive Agreements”“Executive Agreements” Receiving Ambassadors Narrowly, a clerical function Narrowly, a clerical function implies “diplomatic recognition” implies “diplomatic recognition” Usually routine Sometimes politicized

6October 23, 2015October 23, 2015October 23, 2015 Constitutional Authorities: Judicial and Executive Judicial Appoints judges (Supreme Court, district and circuit courts) Appoints judges (Supreme Court, district and circuit courts) Appoints key figures in Justice Department: Attorney General, Solicitor General Appoints key figures in Justice Department: Attorney General, Solicitor General pardons (Art.II, Sec. 2) – numbers since 1945 pardons (Art.II, Sec. 2) – numbers since 1945numbers since 1945numbers since 1945 Notable pardons: Nixon, Vietnam draft dodgers, Iran- Contra, Marc Rich Notable pardons: Nixon, Vietnam draft dodgers, Iran- Contra, Marc Rich Notable pardons Notable pardonsExecutive President "shall take Care that the Laws be faithfully executed" (Art. II, sec. 3) President "shall take Care that the Laws be faithfully executed" (Art. II, sec. 3) Appointment power, especially of Cabinet Appointment power, especially of Cabinet In effect, president is a CEO In effect, president is a CEO

7October 23, 2015October 23, 2015October 23, 2015 Constitutional Authorities: Legislative President is, in effect, the “chief legislator” Veto power Number of vetoes per President Number of vetoes per President Number of vetoes Number of vetoes Congress can override Congress can override didn’t happen until 1845 Highest percentage of overrides: A. Johnson, Pierce George W. Bush issued no vetoes in first term; had 4/11 overridden in last 2 years No line-item veto, cannot veto Constitutional amendments No line-item veto, cannot veto Constitutional amendments Executive orders “legislative” as policy-shaping “legislative” as policy-shaping Not binding on subsequent Presidents Not binding on subsequent Presidents Message power State of the Union and other speeches to Congress State of the Union and other speeches to Congress Can set legislative agenda Can set legislative agenda Session power Can call Congress into session, but cannot dissolve Congress Can call Congress into session, but cannot dissolve Congress

8October 23, 2015October 23, 2015October 23, 2015 Presidential Staff

9October 23, 2015October 23, 2015October 23, 2015 Structure of the Presidency White House Staff Staff Close to President, e.g. Press Secretary Close to President, e.g. Press Secretary Loyal to the person Loyal to the person Executive Office Executive Office of the President Executive Office “Institutional presidency,” e.g. OMB “Institutional presidency,” e.g. OMBOMB Serve the office, not the person Serve the office, not the personCabinet Heads of executive departments Heads of executive departments Not a major policy-making body Not a major policy-making body Second-term shifts Second-term shifts Second-term shifts Second-term shifts

10October 23, 2015October 23, 2015October 23, 2015 New York Magazine, April 14, 2013

11October 23, 2015October 23, 2015October 23, 2015 Elements of Presidential Power InstitutionalPersonal Personality, leadership style Personality, leadership style Psychology and campaigns Psychology and campaignsCircumstantial Elections and “mandates” Elections and “mandates” Crisis management (especially war) Crisis management (especially war)Relational Conflict and cooperation with Congress (etc.) Conflict and cooperation with Congress (etc.) Relationships with party, media, groups, public Relationships with party, media, groups, public

12October 23, 2015October 23, 2015October 23, 2015 Presidential War Powers Constitutional Division of Authority Historical Practice Many conflicts, few declared wars Many conflicts, few declared wars Escalation, use of proxies, alliances Escalation, use of proxies, alliances Presidential Strengths Hamilton: unity, secrecy, speed Hamilton: unity, secrecy, speed technology technology Congressional Strengths Funding Funding Military oversight Military oversight

13October 23, 2015October 23, 2015October 23, 2015 The War Powers Resolution and the post-Vietnam situation War Powers Resolution (1973) Notification (72 hours) Notification (72 hours) Time limit (60-90 days) Time limit (60-90 days) Congressional recall of troops Congressional recall of troops What Really Happens President needs Congressional support for major conflicts President needs Congressional support for major conflicts President uses political resources to make Congressional refusal of support difficult President uses political resources to make Congressional refusal of support difficult Congress slow to oppose war Congress slow to oppose war