POTUS. The Dangers of Groupthink. President of the United States of America
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1 POTUS President of the United States of America ` Andy Card Josh Bolten Chief of Staff HR Haldeman, Every president needs a son of a bitch, and I m Nixon s. Also called Nixon s Berlin Wall. 1,600 employees and an annual budget of $374 million Styles of Management Wheels and Spokes vs. Hierarchical Rahm Emanuel The Dangers of Groupthink 1
2 Adult Show & Tell Not mentioned in the Constitution Heads of the executive departments and other key officials as named by the POTUS Cabinet vs. Staff Getting Along Janet Reno & Bill Clinton Powell & Rumsfeld Who s on Bush s Cabinet? Who s on Bush s Cabinet? What can a POTUS do with a bill? 1. Sign it and make it a law 2. Veto It (veto is a yo form of the Latin verb I forbid ) 3. President holds the bill for 10 business days and Congress is in session, the bill becomes law without signature 4. President holds the bill for 10 business days and Congress is NOT in session, the bill is pocket vetoed 5. Line Item Veto NO LONGER AVAILABLE (Clinton only POTUS to use) 6. Signing Statements As of October 2006, Bush signed 134 signing statements challenging 810 federal laws Is it a Line Item Veto? Is it Judical Review? Statement to the McCain Detainee Amendment The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. 2
3 The Imperial Presidency? Unitary Executive Theory Vesting clause (II, 1) creates all executive authority underneath the POTUS Congress cannot create agencies with quasi-executive power Courts limited (the EPA can t sue the Military because both are underneath the executive). The POTUS can t sue himself. What about the Necessary & Proper clause? Federalist Society Veto Statistics POTUS Congress Regular Pocket Total Overridden Percent Overridden FDR 73rd-79th % Truman 79th-82nd % Ike 83rd-86th % JFK 87th-88th % LBJ 88th-90st % Nixon 91st-93rd % Ford 93rd-94th % Carter 95th-96th % Reagan 97th-100th % GHW Bush* 101th-102nd % Clinton 103rd-106th % GW Bush 107th-108th % Total * President Bush attempted to pocket veto two bills during intrasession recess periods. Congress considered the two bills enacted into law because of the President's failure to return the legislation. The bills are not counted as pocket vetoes in this table. Source: Congressional Research Service Executive Orders Presidential directives that carry the force of law and are not anywhere explicitly granted in the Constitution. Presidents use them to see that laws are faithfully executed and because they are in the best interest of citizens of the US Ike Ordered Arkansas National Guard into service in Little Rock FDR Ordered Japanese Internment Camps Truman Ended segregation in the US Military JFK Created Peace Corps Bill Clinton Don t Ask Don t Tell Policy in Military George W. Bush Overturned Clinton s policy of providing aid to family planning agencies outside the US that provided abortion counseling, Faith Based Initiatives, Executive Privilege over papers continues as an ex-president unless a high standard is met. 3
4 Pardons W Examples and counting Clinton: 396 (176 on his final day in office) George HW Bush: 77 Reagan: 393 FDR: 3,687 *four terms He ain t heavy he s my drugged out brother Marc Rich Moonshine Deliverance A Heartbeat Away TR once ordered a noisy and distracting crystal chandelier removed from his office because it disturbed him. He ordered it to be installed in the office of Vice President Charles Fairbanks (who he publicly mocked) to keep him awake. 25 th Amendment Political Chores campaigning, fundraising, stroking party faithful Mourner in Chief Balance the Ticket Carter/Mondale started a change in the relationship War Powers Act Passed over Nixon s Veto in 1973 Requires the POTUS to consult with Congress in every possible instance before involving US troops in hostilities Notify Congress within 48 hours of committing troops to a foreign intervention If troops are deployed, they may not stay for more than 60 days without Congressional approval Is it Constitutional? 4
5 Recess Appointments On April 4, 2007, during the Easter recess of Congress, Bush announced three controversial recess appointments. The first was Sam Fox to serve as U.S. Ambassador to Belgium. Fox's appointment had been thwarted in Congress because he had donated $50,000 to the Swift Boat Veterans for Truth during the 2004 presidential campaign, a group whose ads many Democrats blamed for John Kerry's loss. Have effect until the end of the Senate s next session. Ike: Earl Warren, William Brennan, and Potter Stewart LBJ: Thurgood Marshall Clinton: John Hormel George W. Bush: Filibustered William Pickering, John Bolton Thanksgiving 2007, Senate Democrats officially kept the Senate in pro forma session (prayer + announcements) to prevent recess appointments and preserve their advice & consent powers. Presidential Approval Ratings Real Clear Politics POTUS Approval Rating Nixon believed Presidential Power was a lot like poker In Richard Neustadt s Presidential Power he said, Presidential Power is the power to pursuade. Presidents must depend on others cooperation to get things done Popular presidents are more persuasive than an unpopular one Ability in bargaining, dealing with adversaries, and choosing priorities separate above-average presidents from mediocre ones If they risk big, they may gain big, but they are more likely to fail big. If they choose safe strategies, there is no doubt that they will be criticized for not seeking greater yields. - Bert Rockman Line of Succession 1. VPOTUS 2. Speaker of the House 3. President ProTempore of the Senate 4. SecState 5. SecTreas 6. SecDef 7. AG You do NOT move up the line of succession if the POTUS dies or resigns You have to be Constitutionally eligible to become President (Elaine Chao, Michael Guiterrez, Carlos Gutierrez, Madeleine Albright) 8. Sec. Interior 9. Sec. Ag 10. Sec. Commerce 11. Sec. Labor 12. Sec. HHS 13. Sec. HUD 14. Sec. Transportation 15. Sec. Energy 16. Sec. Education 17. Sec. VA 18. Sec. Homeland Defense 5
6 Clinton s Impeachment HOUSE of REPS Articles of Impeachment must be brought to the floor by the House Judiciary Committee House Judiciary Committee voted along straight party lines to recommend 4 articles of impeachment Perjury before Ken Starr s grand jury Perjury in the Paula Jones case Obstruction of Justice in the Paula Jones case Abuse of Power December 19, 1998 the HOUSE impeached Clinton it requires a majority vote Clinton s Impeachment Trial SENATE Senate began proceedings on January 7 of 1999 Rehnquist presided The House Judiciary Committee acted as the prosecution Clinton s lawyers were the defense 100 senators were the jury The SENATE needed 67 votes to convict on perjury on obstruction POTUS Miscellany Executive Privilege Camp David SECRET SERVICE Codenames Carter = Deacon Reagan = Rawhide Bush = Timberwolf Clinton = Eagle Dubya = Tumbler Obama = Renegade 6
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