1. How much power does the president have?
Constitutional Analysis
How much power does the president have?
Read Article 2 of the US Constitution. Go back to your notes on the formal powers of the president. What do you notice?

2. Believe it or not, this is all that Article 2 says about the powers of the President. The rest is mostly about his appointment and the possibility of getting rid of him if necessary. More important, most of the powers in italics are the only ones that are not in one way or another constrained by other branches of government, and there aren’t many of those. Don’t underestimate the importance of this point.

3. The ratification of the US Constitution in 1787
The ratification of the US Constitution in The balance of the three executive branches within the document bears a precision that is not at first easy to detect in the apparent vagueness of much of the wording. It is no accident that the Founding Fathers chose to begin not with the executive, but with the legislature, fearing the emergence of a central tyranny.

4. Enquiry Question: How is the power of the President limited?

5. Learning Objectives
To evaluate the extent to which the president is restricted by checks and balances
To evaluate the extent to which the president is able to circumvent checks on his power
To evaluate the extent to which the president is dependent on the ‘power to persuade’

6. Presidential Role
Constraints on the President
HEAD OF STATE
Appointment of ambassadors
Emergency powers
Only with the advice and consent of Senate
Congress has powers of general scrutiny and public investigation
CHIEF EXECUTIVE
Policymaking
Control of agencies like CIA
Appointments
Control of bureaucracy
Control of cabinet
Budget
Congress has power of impeachment and trial
Limited by the public opinion and two four-year terms
Congress holds the purse strings
Scrutiny of agencies by congressional committees
With advice and consent of Senate
Spending and efficiency scrutinised by Congress
Bureaucracy is too large to control effectively
Choice limited by considerations like public opinion and Senate approval
Limited by congressional budget, and congressional approval
COMMANDER-IN-CHIEF
Control of the armed forces
Congress declares war
Congressional control through laws allowed by Constitution
CHIEF DIPLOMAT
Senate has to approve treaties
CHIEF LEGISLATOR
Separation of Powers – hard to control a bill
Congress can override a veto
PARTY CHIEF (not in Constitution)
Parties too decentralised to control and separation of powers prevents party patronage in Congress

7. Checks on Presidential Power
Pause For Thought
Checks on Presidential Power
Congress Supreme Court Public Opinion Media Pressure Groups Federal Bureaucracy Other factors

8. Checks by Congress on Presidential Powers
Power of the President
Checks by Congress
Propose legislation
Amend/block legislation
Submit the annual budget
Amend budget
Veto legislation
Override veto
Act as chief executive
Investigation/impeachment/removal
Nominate executive officials
Confirmation (Senate)
Nominate federal judges
Negotiate treaties
Ratification (Senate)
Commander-in-chief of the armed forces
Declare war/power of the purse

9. Checks by the Supreme Court on Presidential Powers
The Supreme Court can declare actions of the executive to be unconstitutional.
E.g.:
Rasul v Bush (2004)
Hamdan v Rumsfeld (2006)
Supreme Court strikes down Obama recess appointments (

10. Checks by Public Opinion on Presidential Powers
Public opinion is also a check on presidential power.
Why?
Further Reading:
The President and the Public [GC]

11. Checks by the Media on Presidential Powers
The role of the media in checking presidential power should not be underestimated.
Why?
What about the role of social media?

12. Spotlight on… The Role of the Media
The press wields considerable influence over public opinion by choosing what stories to cover, reporting the facts, and expressing opinions.

13. The media reported President Ford’s gaffs (ski accidents, falling down steps of Air Force I) which contributed to Ford’s image as a bungler.
Woodward and Bernstein expose the Watergate cover up which ultimately led to Nixon’s resignation.
The press widely reported Bill Clinton’s “indiscretions” with Monica Lewinsky and attempt to “spin” the scandal without admitting responsibility.
The media reported GWB’s gaffs (mis-spoken words, funny pictures) which contributed to his image as ‘dumb’.

14. Checks by Pressure Groups on Presidential Powers
Pressure groups can mobilise public opinion either for the president himself or his policies.
How can pressure groups also affect the success of presidential initiatives?

15. Checks by Federal Bureaucracy on Presidential Powers
Getting the federal bureaucracy to ‘do something’ can be a big challenge.
Why?

16. Checks by Other Factors on Presidential Powers
Federal System
Professional Reputation
Unity of the party
Crises
Constitutional Amendments
Further Reading:
Presidential Greatness [GC]

17. Checks on Presidential Power
“Given the plethora of potential obstacles that stand in their way, it sometimes seems almost miraculous that presidents accomplish anything at all.”
- David Mervin (1993)
The test for any president is both to work within these limitations and to ensure that they do not shackle him.
He needs to persuade Congress, to woo public opinion, to use the media to his advantage, to control the federal bureaucracy and to unite his party even as he works to divide the opposition.
The electorate does not want to hear that the president could not deliver his promises because of the limits upon his office.

18. Learning Objectives
To evaluate the extent to which the president is restricted by checks and balances
To evaluate the extent to which the president is able to circumvent checks on his power
To evaluate the extent to which the president is dependent on the ‘power to persuade’

19. Getting round the Constitution?
The formal powers allocated in the Constitution are limited in some way.
The modern president will have developed a range of techniques and powers that seek to overcome some of the restraints found in the Constitution.
The power of the president has been argued to have grown in recent times, despite these constraints.

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

21. Where is the president most powerful?
Domestic Policy Foreign Policy

22. Learning Objectives
To evaluate the extent to which the president is restricted by checks and balances
To evaluate the extent to which the president is able to circumvent checks on his power
To evaluate the extent to which the president is dependent on the ‘power to persuade’

23. Theories of Presidential Power
Neustadt’s “Power to Persuade” Theory
Kernell’s Theory of “Going Public”
Skowronek’s Theory of “Political Time”
YOUR TASK:
Read each theory.
Decide which theory you believe is the most accurate description of modern presidential power.
Clearly explain and justify your decision with examples from the Obama presidency.
What theory of presidential power most accurately describes the Trump presidency?

24. Potential Essay Questions
Thinking Points
Potential Essay Questions
Assess the difficulties that presidents face in their dealings with Congress.
How accurate is it to describe the president as ‘bargainer-in-chief’?
Examine the claim that ‘the president’s power is the power to persuade’.
Who controls foreign policy; the president or Congress?
Assess the accuracy of Pfiffner’s claim that ‘the presidency is not a powerful office’.

25. The President has grown too powerful
The President has grown too powerful. How far do you agree with this statement? 45 marks = 45 minutes [ZigZag Guide p41]

26. Learning Objectives
To evaluate the extent to which the president is restricted by checks and balances
To evaluate the extent to which the president is able to circumvent checks on his power
To evaluate the extent to which the president is dependent on the ‘power to persuade’

27. Homework Application Task:
To what extent is ‘the power to persuade’ the president’s most important power? (45)
‘Weak at home, strong abroad.’ Discuss this view of the power of the president. (45)
Flipped Learning Preparation Task:
Presidential Persuasion (Bennett p )
Role and Power of the President in foreign policy (Pearson p )
Stretch & Challenge Task:
Theories of Presidential Power (Bennett p )
Limits on presidential power (Bennett p )

28. Neustadt – Power to Persuade Skowronek – Political Time
Argues that presidents cannot lead directly. In other words, just because a president says he wants something done does not mean it will be so.
Instead presidential power is a function of his or her ability to persuade relevant Washington actors that it is in their interest to cooperate.
Assumes a small Washington community with identifiable leaders who the president can negotiate with directly. These leaders (whether legislative, bureaucratic, or from an interested group) can then marshal their followers in support of the president. This arrangement is known as “institutionalized pluralism”.
The system of “institutionalized pluralism” hinges on a couple of norms:
Comity/Honor: Actors in the policy-making process are expected to keep their promises, act amiably, and general try to work out compromises. No one, including the media, is out to get anyone else. It is understood that everyone is working towards a common good, even if there are disagreements.
Seniority: More senior members of Congress and of the bureaucracy are expected to be deferred to. These institutional leaders can marshal the support of others.
Powerful, or successful, presidents are those that can bargain effectively with the relevant actors. FDR is portrayed as the most successful president in the world of institutionalized pluralism.
Kernell – Going Public
Kernell’s theory is a response to Neustadt’s theory. Kernell argues that the Washington community has changed since the time Neustadt wrote, and as a result changes in presidential strategies were necessary.
Kernell argues specifically that the Washington community has become more individualistic, less hierarchical, less amiable, and harder to win the support of. Rather than being able to bargain with just a few members of Congress, a few relevant bureaucrats, and a few relevant interest group leaders, presidents now must interact with all 535 members of Congress, a vast bureaucracy, and an innumerable number of interested groups and lobbyists. Kernell labels this arrangement as “individualized pluralism”.
As a consequence of this new arrangement, Kernell argues presidents cannot effectively bargain within the Washington community. Instead, it is in their interest to “go public” or take their case directly to the people. The logic is that if presidents can win over public support they will pressure other actors, particularly members of Congress, to support their initiatives.
Of course, Kernell does not believe that “going public” will always work. He presents numerous examples of failed attempts. Power, or successful, presidents are those who can effectively communicate their message and sway public opinion. Ronald Reagan is seen as the archetypical powerful president under this theory.
Skowronek – Political Time
Skowronek’s theory of presidential power differs dramatically from Neustadt’s and Kernell’s. Rather than looking to presidential activity for indicators of presidential power or success, Skowronek looks to the political environment a president faces.
Skowronek envisions American history as cycles of political time. Each cycle is marked by the rise and fall of political regimes. A regime, in this sense, is a party or faction that rises to power in what Skowronek calls “reconstructive elections”. In these elections, a faction or party soundly defeats the opposing party with a mandate to make dramatic and sweeping changes to public policy. Some reconstructive elections were the elections of 1800, 1828, 1860, 1932, and to some degree 1980.
Presidents elected as reconstructive presidents have the most leeway to take dramatic action and have the best opportunity to be powerful and successful. Subsequent presidents will have a harder and harder time finding success because either the platform the regime was elected to implement will slowly be completed, or the regime fall out of favor with the public. Eventually, the regime will fall by being soundly defeated by a new regime. Presidents at the end of a regime’s time will have the most difficulty finding success.
To Skowrownek, presidents do not have complete control over their destiny. Their ability to be powerful is, to a large degree, a consequence of what has happened before their time and the political environment they face in office. Jefferson is portrayed as the most powerful president by this theory. Other powerful presidents were Jackson, Lincoln, FDR, and to some degree, Reagan.