President & Domestic Policy October 11, 2017 Dr. Michael Sullivan FEDERAL GOVERNMENT GOVT 2305 MoWe 5:30 6:50 MoWe 7 8:30
TODAY S AGENDA Current Events Presidency & Domestic Policy Upcoming Assignments Quiz #4
IN-CLASS QUIZZES (100 Points Total; 10 Points per Quiz): 1. There will be two types of quizzes to help students understand content Ten (10) graded quizzes will be worth 10 points each Additional non-graded quizzes will be administered 2. These quizzes will either be in class or take-home. All quizzes are open note and textbook. 3. The quiz format will include true-false, multiple-choice, and short-answer questions. 4. Quiz questions will show up on the exams. 5. There will be absolutely NO makeups to any missed quizzes. NO EXCEPTIONS!!!
1.Presidents constitutional powers in domestic area: executive authority and legislative role 2.Presidents three (3) advantages (relative to Congress) in initiating major policy proposals 3.Factors affecting presidents domestic policy success: particularly, the party composition of Congress 4.Executive orders are important by limited policy tool
Executive Authority Article II, Section 3: He shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. War Powers President s Constitutional Powers (Article 2) Legislative Powers Article II, Section 3: He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Article I, Section 7: Defines the president s veto power, is also part of his legislative authority. Diplomatic Powers Constitutional Foundations of the Modern Presidency: Domestic Policy
Constitution s Specific Powers of the Presidency Foreign Policy Powers Commander in Chief of armed forces (remember, this does not give him the ability to declare war, only Congress can do that; it does allow him to commit troops to military actions) Make treaties with other nations, subject to confirmation by a 2/3s vote of the U.S. Senate Nominate foreign ambassadors, subject to confirmation by a simple majority of the Senate Receive ambassadors of other nations (important because it confers diplomatic recognition of other governments) Domestic Policy Powers Nominate federal judges, subject to confirmation by a simple majority of the Senate May grant pardons for federal crimes (excepts impeachments) Present to Congress from time to time information on the State of the Union Convene both Houses of Congress on extraordinary occasions Adjourn Congress if both the House and the Senate cannot agree on adjournment Nominate officials as provided for by Congress (when new posts are created because Congress creates a new department or agency, the president is allowed to name the head of that post) subject to confirmation by a simple majority of the Senate Fill administrative vacancies during Congressional recesses Recommend legislation to Congress Veto legislation, which could be overridden by a 2/3s vote of both Houses of Congress
Need for a Strong Activist Presidency Over time, the president has gained considerable power and authority; extended in practice beyond the intentions of the Founding Fathers.
Need for a Strong Activist Presidency Domestic policy leadership President is uniquely positioned to lead policy initiatives (example: Health Care) Power to execute laws enables presidents to determine how laws will be interpreted and applied (example: EPA carbon emissions) Use of executive orders to bypass Congress to legislate (example: immigration) Federal government s increased policy responsibilities (example: education) Foreign policy leadership Make war by sending troops into military action without Congress declaring war (example: Vietnam War, Iraq, Afghanistan) Power over U.S. diplomacy and have surpassed Congress in functioning as the principle architect of foreign policy (example: Middle East, Mexico) Using executive agreements as a device to bypass the Senate s formal treaty making authority (example: climate change agreements)
4000 3500 3721 Total Executive Orders by President 3000 2500 2000 1500 1000 907 500 0 Franklin D. Roosevelt Harry S. Truman 484 Dwight D. Eisenhower 214 John F. Kennedy Lyndon B. Johnson 325 346 Richard Nixon 169 Gerald R. Ford 320 Jimmy Carter 381 Ronald Reagan 166 George Bush 364 William J. Clinton George W. Bush 291 276 Barack Obama 32 33 34 35 36 37 38 39 40 41 42 43 44 45 45 Donald J. Trump
Theories of Presidential Power Whig Theory (limited power) Limited or confined to the exercise of expressly granted constitutional authority. Most early presidents of this country followed this theory in how they exercised power Example: Washington, Taft Stewardship Theory (assertive power) Do anything for the Nation unless such action is forbidden by the Constitution /laws. Most presidents since 1900 have been more of this model than previous presidents. Examples: Teddy Roosevelt, Wilson Prerogative Theory (aggressive power) More aggressive areas, often going outside the Constitution and the nation s laws. Called imperial presidency & raises legal and ethical questions regarding its use. Examples: Lincoln, FDR, GW Bush
Presidents claim national policy leadership 2 Reasons National election Singular authority
Should presidents be elected by who gets the most votes?
Founders feared a president that was too powerful Indirect election: the Electoral College
Constitutional Provisions for National Election for President Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. Article II, Section 3:
Constitutional requirements: President must be at least 35 years old; a natural born citizen; and a U.S. resident for at least 14 years
Currently voters choose the presidential nominees through electing delegates to national party conventions Invisible primary: the year leading to the first caucus Primaries (New Hampshire first) Caucuses (Iowa first) One key to success is momentum a strong showing in early contests that contributes to ongoing support Money then becomes a critical factor
Party convention formally selects the presidential candidates Presidential candidate selects the vice presidential candidate Party decides on a platform Party attempts to heal wounds and divisions from the nominating campaign Party presents its candidate to the voters
Nominees begin with a reservoir of partisan and partisan leaning votes In the electoral college, a majority is 270 or more Unit rule: most states cast all votes for one candidate Focus is on battleground states Media centered campaign is expensive Internet fundraising has gained importance Constitutional requirements: a president must be at least 35 years old; a natural born citizen; and a U.S. resident for at least 14 years
In the electoral college, a majority is 270 or more Unit rule: most states cast all votes for one candidate Focus is on battleground states
The Unit Rule and Electoral Vote Strategy With two exceptions (Maine and Nebraska), the states give all their electoral votes to the popular vote winner in the state the so called unit rule. This leads to a focus on competitive states that could conceivably be won by either party. The states in this map were categorized by the Cook Report in 2016.
Evolution in Choosing the President As the president s responsibilities have changed, so has the election process Founders feared a president that was too powerful Indirect election: the Electoral College Public s role has become more direct Open party caucuses: meetings, open to any registered party voter, used to nominate a presidential candidate
The Four Systems of Presidential Selection Selection System Period Features 1.Original 1788 1828 Party nominees are chosen in congressional caucuses. Electoral College members act somewhat independently in their presidential voting. 2.Party convention 1832 1900 Party nominees are chosen in national party conventions by delegates selected by state and local party organizations. Electoral College members cast their ballots for the popular vote winner in their respective states. 3.Party convention, primary 1904 1968 As in system 2, except that a minority of national convention delegates are chosen through primary elections (the majority still being chosen by party organizations). 4.Party Primary, open caucus 1972 present As in system 2, except that a majority of national convention delegates are chosen through primary elections.
Path to the White House Vice president*, 5 Vice president, 2 US Presidents Path to The White House Since 1901 U.S. senator, 3 Secretary of war, 1 Governor, 6 None, 1 None (army general), 1 Secretary of commerce, 1 Governor None None (army general) Secretary of commerce Secretary of war U.S. senator Vice president Vice president* President In Office Highest Previous Office Second Highest Office Theodore Roosevelt 1901 1908 Vice president* Governor William Howard Taft 1909 1912 Secretary of war Federal judge Woodrow Wilson 1913 1920 Governor None Warren G. Harding 1921 1924 U.S. senator Lieutenant governor Calvin Coolidge 1925 1928 Vice president* Governor Herbert Hoover 1929 1932 Secretary of commerce War relief administrator Franklin D. Roosevelt 1933 1945 Governor Asst. secretary of navy Harry S. Truman 1945 1952 Vice president* U.S. senator Dwight D. Eisenhower 1953 1960 None (army general) None John F. Kennedy 1961 1963 U.S. senator U.S. representative Lyndon Johnson 1963 1968 Vice president* U.S. senator Richard Nixon 1969 1974 Vice president U.S. senator Gerald Ford 1974 1976 Vice president* U.S. representative Jimmy Carter 1977 1980 Governor State senator Ronald Reagan 1981 1988 Governor None George H. W. Bush 1989 1992 Vice president Director, CIA Bill Clinton 1993 2000 Governor State attorney general George W. Bush 2001 2008 Governor None Barack Obama 2009 2016 U.S. senator State senator Donald Trump 2017 None None * Became president on death or resignation of incumbent
Singular Authority President positioned to speak on all national issues Congressional member s power is based on a state or single district
The Vice President Separate elective office, but part of the team Office has no constitutional authority other than as presiding officer in the Senate Duties are determined by the president Past presidents typically ignored their vice presidents President Carter redefined the office Vice-President Mike Pence 48 th Vice-President The former Indiana governor is a favorite among social conservatives who boasts considerable experience in Washington. Pence was raised Roman Catholic along with his five siblings in Columbus, Indiana, and says he was inspired by liberal icons John F Kennedy and Martin Luther King Jr. He is known for his staunch opposition to abortion, signing a bill in March to ban abortion in Indiana on the basis of disability, gender or race of the fetus.
Staffing the Presidency Presidential appointees Cabinet secretaries; attorney general, FBI director, etc. Hundreds of other federal executives Each is an extension of the president s authority Typically they are party loyalists
The Cabinet https://www.whitehouse.gov/administration/cabinet Rex Tillerson - Secretary of State James Mattis - Secretary of Defense Jeff Sessions Attorney General Nikki Haley US Ambassador to UN Steven Mnuchin - Treasury Secretary John Kelly Chief of Staff Secretary of Transportation Elaine Chao Rick Perry Energy Secretary President s cabinet are the heads of the 15 executive departments Appointed by the president, confirmed by the Senate Established in Article II, Section 2 of the Constitution, the Cabinet's role is to advise the President on any subject relating to the duties of each member's respective office
The Cabinet and Agency Appointees Other appointments More than 2,000 full time presidential appointees Heads and top deputies of federal agencies and commissions Nearly 200 ambassadors About half of appointees require Senate confirmation
The Executive Office of the President White House Office (WHO) Communications Office Office of the Press Secretary Office of Legislative Affairs Office of Management and Budget (OMB) National Security Council National Economic Council EOP consists of the immediate staff of the President of the United States and multiple levels of support staff reporting to the President. The size of the White House staff has increased to include an array of policy experts to effectively address various fields of the modern day.
Relations with Congress President has an unrivaled ability to set the national agenda Congress may take action or not, but they will take notice In seeking cooperation, presidents rely on their power of persuasion and the threat of a veto Partisan support in Congress is often key Unified versus divided government Congress can take steps to curb presidential power Impeachment War Powers Act
10/16 Presidency & Foreign Policy In Class Quiz (10/11 readings) Upcoming 10/18 10/23 Federal Bureaucracy Take home Quiz due (10/16 readings) Judiciary & Supreme Court Take home Quiz due (10/18 readings) Due: Writing Assignment #3 (Current Events) 10/25 EXAM #2 (Unit on Institutions, Chapters 11 14)
Long image descriptions APPENDIX A McGraw Hill Education
Table 12 1 The Constitutional Authority for the President s Major Roles Role Commander in chief Chief executive Chief diplomat Legislative leader Constitutional Authority Article II, Section 2: The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states. Article II, Section 2: He shall have power, by and with the advice and consent of the Senate, to... appoint... judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. Article II, Section 3: He shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Article II, Section 2: He shall have power, and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur. Article II, Section 2: He shall... by and the consent of the Senate... appoint ambassadors [and] other public ministers and consuls... Article II, Section 3: He shall receive ambassadors and other public ministers. Article II, Section 3: He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. (Article I, Section 7, which defines the president s veto power, is also part of his legislative authority.)
The Force of Circumstance Special circumstances foster presidential power Decisive election victory; a compelling national problem; and a president who knew what was expected and pursued appropriate policies Great Depression: FDR Presidential assassination, civil rights movement: LBJ Economic trouble, high unemployment: Ronald Reagan Popular impression that presidents unilaterally decide national policy is incorrect
The Stage of the President s Term Honeymoon period following election Congress, press, and the people are more predisposed to support the new president s initiatives More new programs are proposed in a president s first year in office than in any subsequent year Decreased success over time Fewer new ideas or political resources Momentum of election is gone Sources of opposition emerge
The Problem of Control Large number of appointees poses a control problem for the president Do not always act in ways that serve the president s interest Most severe problem is with appointees working in departments/agencies not within the White House Loyalty is sometimes split between the president and their own agendas Lower level appointees are a particular problem because they are rarely seen by the president, and many are new to politics
Factors in Presidential Leadership Strong presidents have typically had a clear sense of where the country should be headed and of how to communicate that vision Typified by Ronald Reagan Presidential success is also dependent upon: Congressional approval Bureaucratic support Judicial acceptance
Public Support Presidential approval ratings typically decrease after the honeymoon period Events and issues influence the public s approval State of the economy Foreign crises One advantage the president has is access to the media, particularly television Can count on free airtime Twice as much news coverage than Congress Presidents may bypass Congress by going public with their policies