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Chapter 8 The Presidency
To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009
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How does this cartoon illustrate Nixon’s comment
that “Those on the right can do what only those on the left can only talk about”?
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Roots of the Presidency
No chief executive under Articles of Confederation. Natural-born citizen, 35 years old. Two four-year terms, per Twenty-Second Amendment. Little attention to vice president. Can be impeached by Congress. Order of succession in Twenty-Fifth Amendment. Royal Governor Powers Appointment, military command, expenditure, pardon, law-making After 1776 Most states lessen power of the office of Governor New York was exception – popular election James Wilson-Philadelphia Suggest single more powerful president and: Veto power Independent of legislature Popularly Elected
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Constitutional Powers
More limited than Article I powers of Congress. Appointments to executive, Cabinet, and judiciary. Convene Congress. Make treaties or executive agreements. Veto legislation; no line-item veto. Act as commander in chief of armed forces. Pardon individuals accused of crimes. Appointment (Powerful Policy-making tool) Advice and Consent of Senate (simple majority vote) 3,000 appointees of which 1,000 need Senate confirmation Appointment of Judges has lasting influence Bush and Clinton attempt to change to ‘look like America’ Clinton first to not receive 97% approval of nominees Effect relationship with Senate and perception by public Convene Congress State of the Union Address Extraordinary Circumstances – Treaties Executive Agreements Pg. 282 (treaties v. executive agreements) Used since Washington was President Secret arrangements w/nations w/o Senate Appvl. Used more frequently than treaties Make Treaties and Receive Ambassadors Senate 2/3 vote of approval Recognize existence of other nations 70% approved rejected Treaty of Versailles – League of Nations Opposed idea of U.S. as World Power Can be amended – Carter turned over Panama Canal Can un-signing – Bush withdrew support of International Criminal Court
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Constitutional Powers
More limited than Article I powers of Congress. Appointments to executive, Cabinet, and judiciary. Convene Congress. Make treaties or executive agreements. Veto legislation; no line-item veto. Act as commander in chief of armed forces. Pardon individuals accused of crimes. Trade Agreements Congressional ‘fast track’ authority Bar amendments Up or down vote within 90 days Veto Power and Threat of Veto Ben Franklin feared abuse of veto to extort money 2/3 vote to overturn as remedy Executive orders and signing statements used to have some legislative controll Line item veto first used by U.S. Grant Clinton v. City of New York Balanced Budget Act of 1997 Provision to forgive $2.6 billion in taxes levied against Medicaid providers by the State of New York. Ruled unconstitutional by Supreme Court Pardoning Power (Peter Yarrow, George Steinbrenner, Junior Johnson, Patti Hearst) Before or after conviction – Clinton criticized for Marc Rich pardon (oil deals and tax evasion) Nixon pardoned by Ford to avoid prosecution for Watergate scandal Used for general amnesty 10,000 Draft dodgers who fled U.S. during Viet Nam conflict pardoned by Carter
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Executive Orders and Signing Statements
1978 Presidential Records Act to ‘need to know basis’ Reagan, Bush, Clinton and Obama E.O. on stem cell research and freedom of conscience provision in Hyde Amendment, and federal funding of Planned Parenthood Youngstown Sheet and Tube V. Sawyer Truman seized mills, mines and factories Crucial to continue war efforts in Korean War
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Presidential Qualifications
Age 35 14 Years residency Natural born citizen Diplomats were often out of country Two terms standard established by Washington Fear of constitutional monarch 22nd Amendment – due to FDR four term election 2 – 4 year terms Vice President can serve for 10 years Ratified 1951 Ben Franklin supported impeachment Without, assassination would be more prevalent
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Executive Privilege Executive Privilege invoked first by Washington
The Battle of Wabash defeat Washington eventual relinquished First established as a legal right in: U.S. v. Nixon (1974) Watergate - Court rules E.P. cannot be exercised Must comply with court order for evidence in a crime Use of executive privilege to protect internal discussions and deliberations can be traced back to George Washington Washington –refused to disclose documents pertaining to discussions leading to the Jay Treaty to the House of Representatives Thomas Jefferson – Refused to release letter received from Aaron Burr in his criminal trial for Treason due to National Security concerns President Bush exercises after the firing of 8 US attorneys by Alberto Gonzales; and again in Valerie Plame, CIA leak investigation Carl Rove, Harriet Miers, White House Deputies issued supoenas Eisenhower exerts when Joseph McCarthy communist hunting committee demands documents related to communications between the Army and the Administration. He argues that the President needs to be able to have candid exchanges when discussing important issues. During the Iran-Contra scandal, Reagan waived executive privilege, making his documents, diaries and entire staff available for congressional scrutiny. But, limited the Freedom of Information Act requests and imposed harsh penalties to whistleblowers. Clinton – record 14 times mostly over the Monica Lewinsky investigation – no threat to public interest or security GW Bush – 6 times - Info on Cheney’s meeting with energy executives; and Karl Rove in the investigation of the firing of 8 federal prosecutors; Harriet Myers in CIA leak investigation involving Valerie Plame and husband Joseph Wilson President Obama invoked executive privilege to shied documents related to the Fast and Furious gun walking scandal
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Roles of the President Chief law enforcer. Leader of the party.
Commander in chief. Shaper of domestic policy. Player in legislative process. Chief of state.
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Establishing Presidential Power
George Washington sets precedent. Claimed inherent powers for national government. John Adams and Thomas Jefferson follow lead. Andrew Jackson asserts power through veto. Abraham Lincoln uses Civil War to expand office. Franklin D. Roosevelt’s New Deal ushers in new era.
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George Washington Chief Executive Chief Diplomat
Whiskey Rebellion (taxes) Est.Federal Supremacy Cabinet System Chief Diplomat Foreign Relations England v France War Established idea of strict neutrality Inherent powers Jay Treaty – normalize relations with the United States and Great Britain as a trading partner and also establish a position of neutrality House of Representatives demanded to see the documents revealing the details of the negotiations. Exerted Executive Privilege
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Thomas Jefferson Informal Exercise of Power
Chief Executive Louisiana Purchase Inherent power to acquire territory Over objections of Congress Congress has duty of admitting new states to the Union
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Theodore Roosevelt Informal Exercise of Power
Stated the President has the right and duty to “do anything that the needs of the Nation demanded, unless such was forbidden by the Constitution or by the laws.” Broke from the Republican Party to establish a populist party “The Bull Moose Party” Issued a corollary to the Monroe Doctrine to include the authority to intervene in the economic affairs of other countries – exercise international policy power Rein in the power of corporations and break up monopolies – “trust buster” reputation Use of the bully pulpit to reach out to the public “Going public” to gain support of the people by going over the heads of members of Congress encourage them to contact Congressmen to put pressure on them. As how Obama is using the bully pulpit with his jobs bill – has it been effective
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Andrew Jackson Chief Legislator Chief Executive Communicator 12 vetoes
Appointed members of Congress to cabinet positions as reward Chief Executive 12 states added to Union Expanded Post Office Communicator Common man’s man Jacksonian Democracy
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Abraham Lincoln Immediate Needs of the Nation
Chief Executive Wartime president Did what was necessary to preserve the union Ignored Congress Suspended habeas corpus Expanded army passed Congressional limits Blockade of southern ports (act of war) Closed U.S. Mail to treasonable correspondence
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Franklin Delano Roosevelt Immediate Needs of the Nation
Legislator/Economic Planner Expanded role of government due to Great Depression New Deal legislation Social and economic programs to create jobs Established Executive Office of the President Set up Federal Agencies to regulate industry 600,000 employees 1933 to 3 million in 1945
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Lyndon Johnson (LBJ) Commander in Chief Legislator
Gulf of Tonkin Resolution Congress grants power to escalate Viet Nam War Legislator Civil Rights Legislation Great Society War Powers Act – Puts a 60 day limit on introducing US armed forces into hostilities. Only exception is to supply, replacement, repair, or train forces of a foreign nation Must report to Congress for Declaration of War, special authorization to extend operations for additional 30 days
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Harry S. Truman Legislator Seized the steel industry
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Ronald Reagan Use of the Media
Television, radio, newspapers, White House Website Medial provides a forum for presidential messages “The Great Communicator”
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Jimmy Carter Judicial Power Chief Diplomat
Amnesty to draft dodgers from Viet Nam War Chief Diplomat Panama Canal Returned to Panama
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George W. Bush Commander-in-Chief Chief Executive Legislator
Iraq Resolution Axis of Evil (Korea, Pakistan, Iraq, Iran) Chief Executive Department of Homeland Security Legislator Patriot Act
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Presidential Establishment
Growing power of the vice president. Cabinet advisors to deal with a variety of issues. First ladies act as informal advisors. Executive Office of the President. White House staff directly responsible to president.
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Carries more responsibility than in the past
Vice President Carries more responsibility than in the past Dick Cheney considered most powerful V.P. Walter Mondale (Jimmy Carter’s V.P.) was first to have more than just ceremonial duties Chosen as running mate for political reasons Balances out the ticket politically or geographically John McCain chooses Palin to appeal to social conservatives and women Obama choses Biden to make up for his inexperience in foreign policy John Kerry choses John Edwards from the South Joseph Biden - American Recovery and Reinvestment Act; college affordability; manufacturing; extensive foreign policy experience, he advises the president on foreign policy issues (START treaty w/Russia on nuclear arms reduction); traveled to Iraq 8 times to help negotiate the end of the war; traveled extensively around the world China, Japan, Mongolia, South America, etc.
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First Ladies Informal advisors to the president
Behind the scenes role, but often very influential Edith B.G. Wilson, Abigail Adams and Nancy Reagan and Rosalynn Carter Closest Advisors Some take a more public role – more visible Eleanor Roosevelt – columnist, lecturer, delegate to the U.N. Hillary Clinton – crafted healthcare legislation Michele Obama – active in pushing for healthcare legislation Laura Bush – spoke out in behalf of women in the Middle East Nancy Reagan called for the firing of Donald Regan, former Secy of Treasury; and Chief of Staff
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Executive Office of the President
Established by FDR Mini-bureaucracy that advances president’s policy preferences National Security Council (NSC), Council of Economic Advisors (CEA), Office of Management and Budget (OMB), Office of V.P. NSC – Pres., V.P., Secys of State and Defense, head of the Joint Chiefs of Staff and director of the CIA Bush created Office of Faith-Based and Community Initiatives
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White House Staff Not subject to Senate confirmation
Whitehouse Counsel, Lobbyist to Congress, Policy Strategists, Communications Staff Chief of Staff – Rahm Emmanuel replaced by William Daily (Secy of Commerce under Clinton) Well respected in Business Community 2nd most powerful person in Washington Gatekeeper function Manages the president’s schedule Usually a past politician Protect president from mistakes (Donald Regan - Iran Contra Affair)
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President as Policy Maker
FDR is first president to send policy to Congress. Very difficult to get presidential policies passed. Ability to get desired budget passed helps. Office of Management and Budget plays key role. Use of executive order to avoid Congress.
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President as Policymaker
FDR as legislator and Contract with America Divided government makes legislative duties nearly impossible Patronage Executive Agreements Truman – Ended segregation of military LBJ – affirmative action – executive order 11246 Reagan, Clinton, G.W. Bush, Obama Stem Cell Research Abortion Counseling Freedom of Conscience
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Presidential Leadership
Leadership ability and personality can be key. “Power to persuade.” Bully pulpit and going public. Approval ratings can help or hinder.
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Presidential Leadership
State of the Union Address to draw public attention Leadership Style Shape national destiny (Lincoln and FDR) “Stage” or “fitting honor” to cap one’s career Richard Neustadt “the power to persuade” Important to start rating the president immediately The Great Initiator – clerkship and decisionmaker
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Presidential Leadership Style
Separates the mediocre from the great Use of the Media to stay connected to the people and gain support – not press conferences FDR fireside chats Clinton – Larry King Live on CNN Bush gave important speeches to military Obama on David Letterman State of the Union Address Bully Pulpit Power to Persuade Crucial according to Richard Neustadt
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Public Perception High approval ratings – usually at the beginning of term (honeymoon period) President carries more clout Bush after 9/11 and the U.S. Patriot Act Obama and Healthcare Legislation, LBJ and Great Society Help win congressional and gubernatorial contests Can even push policies unpopular with the public Clinton able to survive scandals after 1996 DNC Low approval ratings Members of Congress distance themselves Make favored policies difficult to implement 2008 election – referendum on Bush and Iraq War Obama did little campaigning in 2010 election
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Presidential Personality
James David Barber, The Presidential Character Character, Style, and World View are main determinants of whether a president will: Adapt positively to challengers -or - Retreat negatively to challenges Predict by looking into president’s past Childhood – Character grows out of relating to peers, siblings and parents Adolescence – World View - observing others Early Adulthood – Style developed from first successes How something is done is profoundly important Grasps that style and hangs on to it
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World View effects what president pays attention to:
Character Self esteem is prime resource Derived from either sense of achievement or Affection from others Style Habitual way of performing Rhetoric, Relationships, Homework World View effects what president pays attention to: Social Causality Human Nature Central Moral Conflicts
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Presidential Character
Active Passive Achieve Results High Self Esteem Values high productivity Difficulty w/ Irrational Political Behavior Orientation toward Duty Guardian of ‘Right and Proper Way’ Emphasize Civic Virtue Power-seeking Intense Effort Low emotional reward Compulsive Aggressive Perfectionist Vague Self Image Achieve love as reward ‘Other’ directed compliant Low Self Esteem Superficial Optimism Likely to be disappointed Positive Negative
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Positive Negative Active ADAPTIVE: self-confident; flexible; creates opportunities for action; enjoys the exercise of power, does not take himself too seriously; optimistic; emphasizes the "rational mastery" of his environment; power used as a means to achieve beneficial results. Thomas Jefferson, F. D. Roosevelt, H. Truman, J. F. Kennedy, G. Ford, G. W. Bush(?) COMPULSIVE: power as a means to self-realization; expends great energy on tasks but derives little joy; preoccupied with whether he is failing or succeeding; low self-esteem; inclined to rigidity and pessimism; highly driven; problem managing aggression. John Adams, W. Wilson, H. Hoover, A. Lincoln, L. B. Johnson, R. Nixon, Passive COMPLIANT: seek to be loved; easily manipulated; low self-esteem is overcome by ingratiating personality; reacts rather than initiates; superficially optimistic. James Madison, W. H. Taft, W. Harding, R. Reagan, Bill Clinton WITHDRAWN: responds to a sense of duty; avoid power; low self-esteem compensated by service to others; responds rather than initiates; avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking. George Washington, C. Coolidge, D. Eisenhower
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Power of the Situation Level of public support
Party balance in Congress Supreme Court Expectations and Needs Climate of Expectations – recurring themes Reassurance to ease anxiety Progress and action Sense of legitimacy Master politician that appears to be above politics Proof of fitfulness – presidential Religiosity – defender of faith
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AV- Presidential Approval
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Table 8.1- U.S. Presidents Back
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Table 8.2- Presidential Succession
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25th Amendment Followed 1947 Presidential Succession Act – See Table 8.2 Assured continuation of Act New V.P. appointed by President w/Senate Approval Incapacitation of President V.P. appointed as President President Bush makes Dick Cheney President Temporarily in 2002 Underwent colonoscopy
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Table 8.3- Women on Presidential Teams
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Table 8.4- Treaties Back
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Table 8.5- Presidential Vetoes
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Table 8.6- Best and Worst Presidents
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Table 8.7- U.S. Cabinet Back
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Table 8.8- Presidential Personalities
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