1. The presidency
Chapter 13

2. Copyright © 2018 Cengage Learning. All rights reserved.
Learning Objectives
13.1 Outline the requirements to serve as president 13.2 Identify the powers of the president and explain how they are limited 13.3 Describe the growth of executive influence 13.4 Analyze why the president is so powerful during wartime 13.5 Summarize how the White House is organized 13.6 Assess presidential greatness
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3. Presidential Qualifications 1 of 2
Constitutional Eligibility and Presidential Succession
Natural-born citizen
At least 35 years old
Resident of U.S. for at least 14 years
Twenty-fifth/Twenty-second amendments
Lame duck
L.O. 13.1: Outline the requirements to serve as president.
lame duck:
Term limited official in his or her last term of office.
The Twenty-fifth Amendment provided for replacement of vice-president and temporary transfer of power in case of incapacity of president. The Twenty-second Amendment limits the president to two elected terms
Key Questions
How do term limits make the president less responsive to public opinion?
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4. Presidential Qualifications 2 of 2
Background and Experience
Kennedy first non-Protestant
Obama first non-white
Most have military or legislative service
Expansion of the Presidency
Imperial presidency
imperial presidency:
Power of the president to speak for the nation on the world stage and to set the policy agenda at home.
Key Question
Unlike members of Congress, presidents represent all the people of the United States. How can a president represent all the people?
What defines an imperial presidency?
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5. Presidential Order of Succession
1. Vice president
2. Speaker of the House
3. President Pro Tempore of the Senate
Cabinet Secretaries
4. State
12. Health and Human Services
5. Treasury
13. Housing and Urban Development
6. Defense
14. Transportation
7. Attorney General
15. Energy
8. Interior
16. Education
9. Agriculture
17. Veterans’ Affairs
10. Commerce
18. Homeland Security
11. Labor
Table 13.1
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6. Constitutional Amendments Pertaining to the Presidency
Twelfth
1804
Requires that electors cast separate votes for president and vice president and specifies requirements for vice presidential candidates
Twentieth
1933
Declares that presidential term begins on January 20 (instead of March 4)
Twenty-Second
1951
Limits presidents to two terms
Twenty-Fifth
1967
Specifies replacement of the vice president and establishes the position of acting president during a president’s disability
Figure 13.1
Of the 27 Amendments to the Constitution, four pertain directly to the presidency.
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7. Presidential Power: Constitutional Grants and Limits 1 of 3
Commander in Chief
Power to Pardon
Treaties and Recognition of Foreign Nations
With advice and consent of the Senate
Executive and Judicial Nominations
President nominates
Senate approves
L.O. 13.2: Identify the powers of the president and explain how they are limited.
commander in chief:
Leader of the armed forces of the United States.
pardon:
Full forgiveness for a crime.
Key Questions
Why is it important that the commander in chief of the U.S. military is a civilian?
Should the president have the power to pardon? What impact does this power have on citizen equality?
Consider the Senate’s power to check the president in making treaties and appointments. What are the costs and benefits of this power sharing in terms of government efficiency and responsiveness?
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8. Copyright © 2018 Cengage Learning. All rights reserved.
Comparison of Legislative and Executive Authority Under the Constitution
Legislative
Executive
Authority
”All legislative Powers herein granted shall be vested in a Congress of the United States”
“The executive Power shall be vested in a President of the United States”
Specific Powers
Article I, Section 8, including:
Lay and collect taxes
Provide for the common defense
Regulate interstate and foreign commerce
Authorize courts
Set uniform rules for naturalization and bankruptcy
Establish post offices
Make all laws that are “necessary and proper” for carrying out the listed powers
Article II, Section 2, including:
Act as commander in chief of the armed forces
Grant pardons
Make treaties
Receive foreign ministers
Appoint ambassadors, judges, cabinet-level officials
Article II, Section 3:
Ensure that the laws are faithfully executed
Article I, Section 7:
Veto legislation
Limits on Power
Explicit limits on power:
Article I, Section 9, including:
No bills of attainder
No ex post facto laws
No titles of nobility
Bill of Rights:
Substantive limits on the First through Eighth Amendments
Ninth Amendment:
Enumeration of rights does not grant general authority
Tenth Amendment:
People and states retain reserved powers not granted to Congress
Mostly through checks and balances:
Veto override
Senate confirmation on appointments
Senate treaty ratification
Removal by impeachment
Table 13.3
While the Constitution grants specific legislative authority to Congress, it provides a general grant of authority to the president that does not require specific enumerated grants of power, nor is there an executive equivalent of Article 1, Section 9, which specifically limits congressional authority.
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9. Presidential Power: Constitutional Grants and Limits 2 of 3
Veto and the Veto Override
Pocket veto
Omnibus bills
Entitlement programs
Other Powers
State of the Union address
veto:
Authority of the president to block legislation passed by Congress. Congress can override a veto by a two-thirds majority in each chamber.
pocket veto:
Automatic veto that occurs when Congress goes out of session within ten days of submitting a bill to the president and the president has not signed it.
omnibus bill:
One very large bill that encompasses many separate bills.
entitlement programs:
Federal programs, such as Social Security, Medicare, or Medicaid, that pay out benefits to individuals based on a specified set of eligibility criteria.
State of the Union address:
Speech on the condition of the country given by the president to Congress every January.
Key Questions
How does the veto power give the president influence in the legislative process?
Have you watched a State of the Union address? What do you think its purpose was? What did you learn from it?
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10. Copyright © 2018 Cengage Learning. All rights reserved.
Presidential Vetoes
President
Congresses
Regular Vetoes
Pocket Vetoes
Total Vetoes
Vetoes Overridden
Harry S. Truman
79th-82nd
180 70
250 12
Dwight D. Eisenhower
83rd-86th 73
108
181 2
John F. Kennedy
87th-88th 9 21
Lyndon Baines Johnson
88th-90th 16 14 30
Richard M. Nixon
91st-93rd 26 17 43 7
Gerald R. Ford
93rd-94th 48 18 66
Jimmy Carter
95th-96th 13 31
Ronald Reagan
97th-100th 39 78
George H.W. Bush
101st-102nd 29
15* 44 1
William Jefferson Clinton
103rd-106th 36 37
George W. Bush
107th-110th 11 4
Barack Obama
111th-114th
Total
495
310
805 52
Table 13.4
* “President George H. W. Bush attempted to pocket veto two bills during intrasession recesses. Congress considered the two bills enacted into law because the president had not returned the legislation. These two disputed vetoes are not included in [this table].”
Source: Kevin R. Kosar, Regular Vetoes and Pocket Vetoes: An Overview, CRS Report for Congress, RS22188 (Washington, D.C.: Congressional Research Service, November 18, 2010), 2–4, source for veto information is John T. Woolley and Gerhard Peters, “Presidential Vetoes: Washington–Obama,” The American Presidency Project, accessed March 2, 2016,
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11. Presidential Power: Constitutional Grants and Limits 3 of 3
Congress’s Ultimate Check on the Executive: Impeachment
Andrew Johnson and Bill Clinton
Richard M. Nixon
Executive privilege
impeachment:
Process whereby the House brings charges against the president or another federal official that will, upon conviction by the Senate, remove him or her from office.
executive privilege:
President’s right to engage in confidential communications with his advisers.
When Richard Nixon resigned the presidency in August 1974, it was the first time in U.S. history that a president had relinquished his office. President Nixon left office under charges of abuse of power arising from a cover-up of the Watergate scandal, which forever changed the nation’s faith in the presidency as a trustworthy institution. Source: Bettmann/Corbis
Key Questions
Think about the impeachments and the near-impeachment described here. What was the basis for impeachment in each case?
What should happen when the president breaks the law?
In a democracy, should the president have executive privilege?
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12. The Growth of Executive Influence 1 of 3
Presidential Directives and Signing Statements
Executive order
Signing statements
Power to Persuade
Bully pulpit
Agenda Setting
Head of state
L.O. 13.3: Describe the growth of executive influence.
presidential directive:
Official instructions from the president regarding federal policy.
executive order:
Presidential directive that usually involves implementing a specific law.
signing statements:
Written remarks issued by the president when signing a bill into law that often reflect his interpretation of how the law should be implemented.
bully pulpit:
Nickname for the power of the president to use the attention associated with the office to persuade the media, Congress, and the public to support his policy positions.
Head of state
Title given to the president as national leader.
Key Questions
Should the president be subjected to civil lawsuits while he is in office? State the reasons for your answer.
What should be done about the growth of executive power? Is it a problem for checks and balances among the separate branches?
What limits can Congress, the courts, and/or the American people place on the president?
Does the bully pulpit serve as a communication gateway between the president and citizens?
How does the current president use the bully pulpit to generate public support for his ideas?
Has the increased emphasis on job approval ratings strengthened the power of the public to hold the president accountable?
How effective are the president’s agenda-setting tools?
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13. The Growth of Executive Influence 2 of 3
President Theodore Roosevelt was a larger- than-life figure who challenged corporate monopolies, sought to strengthen U.S. international power, and increased federal efforts at land conservation. He was known for using the office of the president as a bully pulpit to persuade the public to support his policies.
Source: Bettmann/Corbis
Bettmann/Corbis
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14. The Growth of Executive Influence 3 of 3
President John F. Kennedy was completely at ease with the press and held sixty-four press conferences during his time in office. They were televised, and not only White House reporters but also the American public looked forward to the lively exchanges between the press and the president, who was known for his sense of humor and ready wit.
Source: AP Images
Bettmann/Getty Images
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15. The President in Wartime 1 of 2
Power Struggles between the President and Congress
Vietnam and the War Powers Act
The Iraq War
The Afghanistan War
Uprisings in Foreign Lands
L.O. 13.4: Analyze why the president is so powerful during wartime
War Powers Act:
The 1973 act which provides that the president cannot send troops into military conflict for more than a total of ninety days without seeking a formal declaration of war, or authorization for continued military action, from Congress.
Key Questions:
What powers should the president have during wartime?
Think about the conduct of war. Who should be in charge? The president? Congress? The military?
How much responsibility should Presidents Bush and Obama assume for the Iraq and Afghanistan Wars, respectively? Does Congress have shared responsibility for those conflicts?
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16. U.S. Drone Strikes and Related Causalities in Selected Countries
Pakistan (June 2004 to date)
Yemen
(Nov to date)*
Somalia
(Jan 2007 to date)*
Afghanistan (Jan to date)
U.S. drone strikes
419
99-119
9-13
13-38
Total reported killed
2,467-3,976
23-105
99-342
Civilians reported killed
65-97
0-5
14-42
Children reported killed
8-9
0-20
Reported injured
1,152-1,731
92-221
2-7
18-27
Table 13.5
This data is from
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17. The President in Wartime 2 of 2
Power Struggles between the President and the Judiciary
Lincoln and suspension of habeas corpus
Roosevelt’s internment of Japanese Americans
Bush’s war on terror
Even when Congress and the president authorized tribunals, the Supreme Court declared that neither Congress nor the president has the authority to suspend the writ of habeas corpus, which the Constitution allows only during “Cases of Rebellion or Invasion.” Thus, in cases involving terrorism, the Court has put gates in the way of Congress and the president in their efforts to restrict civil liberties in the name of national security.
Key Questions
What limits should the judiciary impose on presidential actions in wartime? Give examples.
How are acts of terrorism different from or the same as acts of war? How should the president, Congress, and the judiciary respond to terrorist attacks?
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18. The Organization of the Modern White House 1 of 2
The Executive Office of the President
Chief of staff
The Office of the Vice President
The Office of the First Lady
Public advocate on policy issues started with Eleanor Roosevelt
L.O. 13.5: Summarize how the White House is organized.
chief of staff:
Person who coordinates and oversees interactions among the president, his personal staff, and his cabinet secretaries.
Key Questions
How does the Executive Office of the President reflect individual management styles?
President Harry S. Truman had a sign on his desk that read “The Buck Stops Here.” What did it mean?
What constitutional responsibilities does the vice president have? What authority should the office have?
What do Americans expect from the first lady? Does her office serve as a gateway for the expression of views on women’s issues?
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19. The Organization of the Modern White House 2 of 2
AlexWong/GettyImagesNews/GettyImages
Michelle Obama is the first African American first lady, and like Hillary Clinton, she came to the White House from a career as a practicing attorney. She is also the mother of two daughters. The first lady has a wide range of duties as the wife of the president, including hosting dignitaries, overseeing White House events, and advancing important social causes.
Source: AP Images/Haraz N. Ghanbari
As first lady, Michelle Obama emphasized healthy eating habits. Here she is shown working with young people in the vegetable gardens she planted on the White House grounds.
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20. Presidential Greatness 1 of 6
Roosevelt: The New Deal and World War II
Altered size and shape of federal government
Created job programs
Expanded government role in regulating economy
Invented the fireside chat
L.O. 13.6: Assess presidential greatness.
New Deal:
Franklin Delano Roosevelt’s program for ending the Great Depression through government intervention in the economy and development of a set of safety-net programs for individuals.
Key Questions
Who are two presidents you think should be called great?
What was one of Franklin Roosevelt’s successes and one of his failures?
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21. Presidential Greatness 2 of 6
Franklin Delano Roosevelt faced the worst economic crisis in the nation’s history during the Great Depression. He proposed a series of policies known as the New Deal to provide economic opportunity and financial security in old age for America’s workers. Here people line up for food provided for the unemployed by private organizations.
PhotoQuest/GettyImages
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22. Presidential Greatness 3 of 6
Johnson: The Great Society and Vietnam
Focused on race relations and ending poverty
Obligation to guarantee civil rights
Lacked communication skills
Relied on negotiation skills
Great Society:
Lyndon Johnson’s program for expanding the federal social welfare programs in health care, education, and housing and for ending poverty.
Key Question
What is one of Lyndon Johnson’s successes, and what is one of his failures?
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23. Presidential Greatness 4 of 6
Lyndon Baines Johnson proposed sweeping changes to the nation’s civil rights laws, as well as domestic health and welfare programs. Here he is seen signing the Civil Rights Act on July 2, 1964; Dr. Martin Luther King is seen standing behind him.
Source: Hulton Archive/Stringer/Getty Images
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24. Presidential Greatness 5 of 6
Reagan: The Reagan: Revolution and the End of the Cold War
Scaled back federal entitlement programs
Taxes cut/economy would flourish
Tax revenue down/federal deficits created
Firm stand against Soviet Union
Known as the “Great Communicator”
Key Questions
What is one of Ronald Reagan’s successes, and what is one of his failures?
How would you rate the past two presidents, George W. Bush and Barack Obama?
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25. Presidential Greatness 6 of 6
Here Ronald Reagan is seen at the Brandenburg Gate at the Berlin Wall which separated free West Germany from communist East Germany. It is at this spot that he uttered the famous words, “Mr. Gorbachev, open this gate; Mr. Gorbachev, tear down this wall.”
Ronald Reagan was known for his tough foreign policy and pressuring the Soviet Union to withdraw from nations that it had controlled since World War II.
Source: Dennis Brack/Newscom
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26. The Presidency and Democracy
President influenced by voters and Congress
President less accessible to average voter
President considered the political party leader
Modern presidency is both a gate and a gateway
It is a gate in that the president oversees a very large federal government that can be complex and difficult to change in response to public needs. It is a gateway in that any natural-born citizen can run for the most powerful office in the land.
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