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“Is the Separation of Powers Obsolete?
Robert Spitzer
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Changing Roles of the Presidency
The 19th C president had to resort to all kinds of unhanded, and secret means to get anything done. Wilson: President was not expected to led Congress in any direct or effective way.
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Presidential –Congressional Relationship
Marginal and Hegemonic? How Powerful is the President? One school of thought argues that president remain on the margin. Edwards: Presidents are “at the margins.” Bond and Fleisher: “weak legislative actor” Example: Clinton Health Care Plan? Bush’s Social Security Reform? Obama Immigration Reform?
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Presidential –Congressional Relationship
Ineffective Congress/Ascendant President Argument The view of Congress as ineffective has a long history. Nature of Congressional Ineffective The size, and decentralized nature of Congress has invited: 1) Special interest peddling 2) Corruption 3) Inefficiency
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Presidential –Congressional Relationship
What Type of Change is Desirable? The public is looking for a better working relationship between Congress and the presidency How do we get there? 1) Divided Government 2) Party Government
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Presidential –Congressional Relationship
Dangers of Reforming Congress Spitzer that any real reform of Congress would than likely strengthen the presidency Examples: Reforms Eliminate mid-term elections Minimize Legislative functions Result: “Constitutional Dictatorship”
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Presidential –Congressional Relationship
Imperial Congress 1970s: Liberals attacked the power of conservative congressional committee chairs. 1980s: Conservatives attacked the liberal congressional opposition to Reagan policies. A “tethered President.” 1990s: Conservative centralize power in the Speaker 2000s: A complacent Congress?
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Presidential –Congressional Relationship
Conservative Defense of Presidency Hamilton: Strong executive is key to good government. Excessive Legalism Congress’s wrangling and indecision has undermined government effectiveness. Example: Independent Counsels Watergate Clinton Impeachment
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Presidential –Congressional Relationship
Conservative Defense of Presidency Cheney’s Law
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Presidential –Congressional Relationship
Conservative Defense of Presidency Imperial Congress Congress has violated the separate of powers by encroaching on the powers of the executive.
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