The Challenge of Democracy

The Challenge of Democracy
CHAPTER 12 The Presidency

Copyright © 2016 Cengage Learning. All rights reserved.
Learning outcomes Assess whether the constitutional powers of the president form a strong basis for the modern presidency. Illustrate how claims of inherent powers augment the formal powers of the presidency. Assess the role played by the various executive branch institutions as resources for an effective president. Defend the argument that “Presidential power is the power to persuade.” Compare and contrast the different roles that the president plays as national leader. Analyze the role of the president within the context of the changing nature of global politics. Copyright © 2016 Cengage Learning. All rights reserved.

The constitutional basis of presidential power
Initial Conceptions of the Presidency Single executive chosen by Congress Seven-year term and ineligible for reelection Final proposal: Concept of checks and balances Imposed important limits on presidency Copyright © 2016 Cengage Learning. All rights reserved.

The Powers of the President Article II of Constitution U.S.-born citizen At least 35 years of age Resident of U.S. for minimum of 14 years The delegates undoubtedly had many reasons for the lack of precision in Article II. One likely explanation was the difficulty of providing and at the same time limiting presidential power. Furthermore, the framers of the Constitution had no model— no existing presidency—on which to base their description of the office. And, ironically, their description of the presidency might have been more precise if they had had less confidence in George Washington Copyright © 2016 Cengage Learning. All rights reserved.

The Powers of the President Major duties and powers Administrative head of nation Commander in chief Veto legislation Appoint officials Make treaties Veto The president’s disapproval of a bill that has been passed by both houses of Congress. Congress can override a veto with a two-thirds vote in each house Copyright © 2016 Cengage Learning. All rights reserved.

The expansion of presidential power
Formal Powers Veto power Report to Congress on state of the Union Commander in chief Send troops into conflict without declaration of war by Congress Copyright © 2016 Cengage Learning. All rights reserved.

The Inherent Powers Include inferences drawn from the Constitution Duties outlined in Article II Executive orders – presidential directives Boundaries of inherent powers debated since 9/11 Bush expanded powers under unitary executive inherent powers Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution executive orders Presidential directives that create or modify laws and public policies, without the direct approval of Congress When NSA contractor Edward Snowden stole documents from the security agency and then leaked some of them to the press in 2013, it was President Obama who came under criticism for secret surveillance. The President defended the program as one means of trying to stop terrorists before they harm us, as well as acknowleded that the NSA program may need to be circumscribed Copyright © 2016 Cengage Learning. All rights reserved.

Congressional Delegation of Power Executive branch given power to address national problems Roosevelt and the Great Depression President had too much power (1970s) Congress reasserts authority War Powers Resolution delegation of powers The process by which Congress gives the executive branch the additional authority needed to address new problems During the 1970s, many representatives and senators agreed that presidents were exercising power that rightfully belonged to the legislative branch, and therefore Congress’s role in the American political system was declining. The most notable reaction was the enactment of the War Powers Resolution (1973), which was directed at ending the president’s ability to pursue armed conflict without explicit congressional approval Copyright © 2016 Cengage Learning. All rights reserved.

The executive branch establishment
The Executive Office of the President Key aides advise the president Chief of staff National security adviser Council of Economic Advisers and National Economic Council Senior domestic policy advisers Office of Management & Budget (OMB) Executive Office of the President The president’s executive aides and their staffs; the extended White House executive establishment Copyright © 2016 Cengage Learning. All rights reserved.

The Executive Office of the President Three major advisory styles Competitive management style Franklin Roosevelt Hierarchical staff model Dwight Eisenhower Collegial staffing arrangement Bill Clinton Franklin Roosevelt exemplified the first system: a competitive management style. He organized his staff so that his advisers had overlapping authority and differing points of view Dwight Eisenhower, a former general, best exemplifies a hierarchical staff model. His staff was arranged with clear lines of authority and a hierarchical structure that mirrored a military command Bill Clinton had more of a collegial staffing arrangement, a loose staff structure that gave many top staffers direct access to him Copyright © 2016 Cengage Learning. All rights reserved.

The Vice President Assume presidency if needed 25th amendment Carry out political chores Campaigning Fundraising “Stroking” the party faithfully President of Senate The most important duty of the vice president is to take over the presidency in the event of presidential death, disability, impeachment, or resignation. Traditionally, vice presidents were not used in any important advisory capacity. Before passage of the Twenty-fifth Amendment to the Constitution in 1965, vice-presidents who became president due to the death of their predecessor did not even select a new vice president Copyright © 2016 Cengage Learning. All rights reserved.

The Cabinet Heads of departments of executive branch Head of OMB Ambassador to United Nations Expanded since George Washington Today: 15 departments Advisory body, but in practice Too large Members have limited areas of expertise Not chosen for ability to work with president cabinet A group of presidential advisers; the heads of the executive departments and other key officials. Copyright © 2016 Cengage Learning. All rights reserved.

Presidential leadership
Presidential Character Leadership, integrity, and competence important to voters At the forefront of national politics Nixon and Watergate Clinton and Monica Lewinsky Copyright © 2016 Cengage Learning. All rights reserved.

Presidential greatness
Table 12.1 The first ranking comes from a Gallup Poll that asked ordinary Americans to name whom they regard as the greatest U.S. president ever. The second ranking comes from a survey of historians and observers of the presidency, who rated presidents according to their abilities, such as public persuasion, crisis leadership, economic management, moral authority, and relations with Congress. Although the rank order is different, nine presidents appear on both lists. Source: Gallup Copyright © 2016 Cengage Learning. All rights reserved.

The President’s Power to Persuade Presidents must have interpersonal and practical political skills Depend on others cooperation Use personality and prestige to forge agreement among factions Influence related to professional reputation and prestige Opposing legislators may work to make president look bad Copyright © 2016 Cengage Learning. All rights reserved.

The President and the Public Try to mobilize public support for proposals “Going public” Monitor public opinion polls “Honeymoon period” Economic conditions exert enormous impact on rating President’s concern with public opinion can be defended as means of furthering majoritarian democracy Scholars have coined the phrase ‘‘going public’’ to describe situations where the president ‘‘forces compliance from fellow Washingtonians by going over their heads to appeal to their constituents Presidential popularity is typically at its highest during a president’s first year in office. This ‘‘honeymoon period’’ affords the president a particularly good opportunity to use public support to get some of his programs through Congress President Obama’s endeavor to convince the American public to back his program for health-care reform is a case in point. Throughout the spring, summer, and fall of 2009, Obama worked continually to rally public opinion to his side. Through speeches, forums, press interviews, and other efforts, he labored to make Americans understand the benefits of the program. He failed to move opinion, and his own popularity declined during this time Copyright © 2016 Cengage Learning. All rights reserved.

It all goes back to the economy
Figure 12.1 The economy is always critical to each president’s standing with the American public. As shown here for the Bush and Obama years, each president’s approval rating closely tracks a composite index of economic conditions as measured by the Gallup Poll. There are fluctuations reflecting events other than economic conditions, of course, but over time, there is a strong correlation between popularity and economic performance. Source: Lydia Saad, “Obama’s Job Approval Tied to Economic Confidence in 2012,” Gallup Poll, 19 March Copyright Gallup, Inc. All rights reserved. The content is used with permission; however, Gallup retains all rights of republication. Copyright © 2016 Cengage Learning. All rights reserved.

The Political Context Partisans in Congress Greatest success in Congress: immediately after inauguration and peak of popularity Success measured by how often president wins roll call votes Divided government Gridlock divided government The situation in which one party controls the White House and the other controls at least one house of Congress gridlock A situation in which government is incapable of acting on important issues Critical Thinking Question Is sexual assault the type of issue a president is likely to have an impact on? ? Critical Thinking Question Copyright © 2016 Cengage Learning. All rights reserved.

The Political Context Elections President only elected official charged with representing all the people Candidates try to win votes from different groups through stand on issues Presidents make a majoritarian interpretation of electoral process Copyright © 2016 Cengage Learning. All rights reserved.

The Political Context Political Party Systems Presidential leadership determined in part by Whether president is member of dominant party Whether public policies and political philosophy associated with his party have widespread support Greater opportunity to change public policy when he is in the majority and opposing party perceived to be unable to solve major national problems Copyright © 2016 Cengage Learning. All rights reserved.

Second term fatigue Figure 12.2 For those presidents who are elected to a second term, popularity tends to slide after their reelection. These figures are the average approval ratings in the Gallup Poll for each four-year term. Five of seven postwar presidents saw their popularity lower in the second term. Presidents Reagan and Clinton bucked this trend. Barack Obama’s second term has not yet run its full course but at this writing his average approval rating is lower than his first term. Source: Andrew Duga, “U.S. Presidents Typically Less Popular in Second Term,” Gallup Poll, 11 January 2013, Copyright © 2016 Cengage Learning. All rights reserved.

The president as national leader
From Political Values . . . Presidents differ greatly in views of the role of government Johnson: government has responsibility to help disadvantaged Reagan: emphasized freedom, did not acknowledge justice or equality . . . To Policy Agenda Roots found in political ideology of president President’s legislative leadership a 20th Century phenomenon Franklin Roosevelt A critical change came with Franklin Roosevelt. With the nation in the midst of the Great Depression, Roosevelt began his first term in 1933 with an ambitious array of legislative proposals. During the first one hundred days Congress was in session, it enacted fifteen significant laws, including the Agricultural Adjustment Act, the act creating the Civilian Conservation Corps, and the National Industrial Recovery Act. Never before had a president demanded—and received—so much from Congress Copyright © 2016 Cengage Learning. All rights reserved.

Ideological swings Figure 12.3 The ideological mood of the nation is measured through survey questions tapping respondents’ attitudes toward government spending and related issues. In this chart, the higher the trend line, the more liberal the public mood at the time. Note that the ideological swing does not always match the political orientation of the president. For example, the public became less liberal after electing liberal Bill Clinton. Source: John Sides and Lynn Vavreck, The Gamble Copyright © 2016 Cengage Learning. All rights reserved.

Chief Lobbyist Increasingly active in legislative process Legislative liaison staff Work with White House, interest groups and Congress legislative liaison staff Those people who act as the communications link between the White House and Congress, advising the president or cabinet secretaries on the status of pending legislation Over time presidents have become increasingly active in all stages of the legislative process, not just in proposing bills. Most critically, the president is expected to do all that he can to push legislation through. The president’s efforts to influence Congress are reinforced by the work of his legislative liaison staff Copyright © 2016 Cengage Learning. All rights reserved.

Party Leader Informal duty of presidency President and congressional leaders may have differing viewpoints Presidents focus more on party leadership than bridging differences between parties President: fundraiser in chief for party Copyright © 2016 Cengage Learning. All rights reserved.

The Partisan Structure of public opinion
Figure 12.4 How we evaluate a president’s performance is strongly shaped by our own partisan predisposition. As illustrated here with Barack Obama, a president’s approval scores in surveys of the public are highly correlated with partisan affiliation. Obama’s approval among Democrats has remained strong throughout his term, but he has weak approval among Republicans. During George W. Bush’s term, the pattern was reversed: Democrats were highly critical, while Republicans were more supportive. Source: Gary C. Jacobson, “How the Economy and Partisanship Shaped the 2012 Presidential and Congressional Elections,” Political Science Quarterly 128 (Spring 2013): 6. Copyright © 2016 Cengage Learning. All rights reserved.

The president as world leader
Foreign Relations End of WWII until late 1980s Presidents preoccupied with containing communist expansion Today’s presidents have three objectives: National security Fostering peaceful international environment Protection of U.S. economic interests President Nixon made particularly important strides in this regard, completing an important arms control agreement with the Soviet Union and beginning negotiations with China, with which the United States had had no formal diplomatic relations. Copyright © 2016 Cengage Learning. All rights reserved.

Constitutional Ambiguities Constitution gives power to legislative branch Military Foreign policy Constitution leaves much unsaid Overlap between executive and legislative branches Checks and balances War power remains controversial Although the president is commander in chief, the Congress has the power to declare war. But if the nation is attacked does the president need to wait upon Congress? The Congress has actually made a formal declaration of war just five times. Yet the United States has been involved in military conflicts far more times than that. Critical Thinking Question How might you compare the leadership styles of Barack Obama and Angela Merkel? In what ways might executive leadership in Germany differ from that in the United States? ? Critical Thinking Question Copyright © 2016 Cengage Learning. All rights reserved.

Constitutional Ambiguities The War Powers Resolution 1973 following Vietnam President must consult Congress before involving troops The Senate’s Treaty Power Advice and consent Some significant rejections League of Nations NAFTA Executive agreement Does not require Senate approval War Powers Resolution An act of Congress that forces that body to make a decision as to whether a commitment of troops into a war zone is permissible treaty A legal agreement between two or more countries At the end of World War I, Democratic President Woodrow Wilson proposed and championed a plan for an international organization—the League of Nations—in the hopes of eliminating future wars. To enter the League, however, Wilson’s treaty had to be approved by two-thirds of the Senate. Wilson, an idealistic, international liberal, was opposed by a group of mostly Republican, internationally conservative senators. After eight months of debate, the Senate rejected his treaty, and the United States never joined the League of Nations executive agreement A pact between the heads of two countries Copyright © 2016 Cengage Learning. All rights reserved.

Making Foreign Policy: Organization and Cast The State Department Secretary of State The Defense Department Joint Chiefs of Staff The National Security Council The Intelligence Community Central Intelligence Agency National Security Agency One part of the intelligence community that has generated a great deal of criticism for its spying activities is the National Security Agency (NSA). Using satellites, supercomputers, and other high-tech equipment, it conducts surveillance around the world. It was created to spy on foreign governments but as noted earlier in this chapter, controversy erupted when it was revealed that the NSA was spying on Americans by gethering phone call records Copyright © 2016 Cengage Learning. All rights reserved.

Crisis Management Critical part of presidency Crisis Guidelines: Drawing on range of advisers and opinion Not acting with haste Having well-designed, formal review process with thorough analysis and open debate Rigorously examining the reasoning underlying all options to ensure assumptions are valid Copyright © 2016 Cengage Learning. All rights reserved.

video discussion questions
What assets did Gerald Ford bring to the executive branch? Why were these important during this period? Did Ford make the right move in pardoning Richard Nixon? Where do you rank Ford in terms of presidential greatness? Why? Copyright © 2016 Cengage Learning. All rights reserved.

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