Chapter 6 Presidential Institutions AP Government
Constitutional Basis for Presidency
The Presidency and the Founding The framers of the Constitution were ambivalent about executive power. 1. Colonial experience with the king of England and royally appointed governors warned Americans of the dangers of strong executives. 2. Weak executive under the Articles of Confederation highlighted the problems of governing without a potent executive.
Led by Alexander Hamilton, Federalists sought to provide for a presidency that was - Energetic - Independent of Congress - Endowed with sufficient powers to lead Federalists valued unity in the executive so that presidents would be decisive and could act quickly.
Unity was designed to give the presidency the reverse of a collective action problem. That unity is conducive to energy will not be disputed. Decision, activity, secrecy, and dispatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished. Alexander Hamilton, Federalist 70
Ambivalence toward executive power led the framers of the Constitution to remove the president from direct popular control. - The four-year presidential term was designed to limit the power and popular control. - The electoral college also stood as an important barrier to popular control of the president.
The republican principle demands that the deliberate sense of the community should govern the conduct of those to whom they entrust the management of their affairs; but it does not require an unqualified complaisance to every sudden breeze of passion or to every transient impulse It is the duty of the persons whom they have appointed to withstand the temporary delusion. Alexander Hamilton, Federalist 71
Constitutional Powers
The Constitutional Powers of the Presidency Article II, which demonstrates the framers considerable ambivalence about executive power, which is vested in the president. Presidential powers combine those expressly stated in the Constitution, delegated powers, and powers inherent to executive leadership.
Presidential Powers Veto Proposed Bills State of the Union address Nominate Cabinet positions, SC Justices, Federal Judges Grant Pardons Commander in Chief Make Treaties Diplomat Oversee Executive Branch Departments
Delegated powers are constitutional powers that are assigned to one governmental agency but are exercised by another agency with the express permission of the first. Inherent powers are powers claimed by a president that are not expressed in the Constitution but are inferred from it. The president s expressed powers, as defined by Article II, Sections 2 and 3, fall into several categories, including military, diplomatic, judicial, executive, and legislative.
Military Powers Article II, Section 2 makes the president Commander in Chief of the Army and Navy of the United States. The president is the highest military authority in the United States. In addition, the president is the head of intelligence agencies like the CIA, the NSC, the NSA, and the FBI.
Legislative Powers By giving to the Congress Information of the State of the Union and recommending such Measures as he shall judge necessary and expedient, the president plays an important role in shaping the legislative agenda of Congress. Power of the veto - the president has an important role in denying congressional action or in bargaining with the legislative branch.
Legislative Consideration The use of the veto power has changed over time and varies from administration to administration as the president s relationship to Congress changes. Legislators deliberating on final passage of a bill agree that they must delete a certain section in hopes of avoiding a likely presidential veto is an example of the second face of power.
President vs. Congress When policy preferences of the president and Congress diverge, as they typically do under divided government, the president tries to convince Congress that his or her preferences are more extreme than they really are.
Diplomatic Powers Article II, Section 3 provides the president the power to receive Ambassadors and other public Ministers. In practice, presidents have expanded this diplomatic power to include the ability to recognize certain world governments as legitimate.
Two examples of expanding presidential powers. - Increased foreign policy power to make executive agreements Like a treaty but do not require congressional approval. - Presidential practice of engaging the U.S. military without formal congressional declarations of war Congress passed the War Powers Resolution in 1973 over President Nixon s veto in an attempt to curb presidential power.
Despite the War Powers Resolution, presidents have employed military power without Congress s approval. President George H. W. Bush ordered the Panama invasion in 1989 and President Clinton ordered the bombing in Yugoslavia in 1995, both without Congressional authorization. Presidents often assert that they do not need such authorization.
Judicial Powers Article II, Section 2 provides the president the power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. This kingly power repeatedly has been the subject of controversy.
The most important basis of the president s executive powers is found in Article II, Sections 2 and 3: a) Section 2 provides the power to appoint executive officers and federal justices and judges. b) Section 3 stipulates that the president must see that the laws are faithfully executed.
Presidents increasingly have made policy through executive orders (Bypass Congress) They direct executive branch officials and agencies to implement policies in accordance with the president s policy preferences. Executive orders are rules or regulations by the president that have the effect and formal status of legislation. Sometimes Congress passes a law and often delegates power to the president to execute that law. Congress has created more executive departments and agencies As the federal government has done more in society, presidential executive authority has grown.
Delegated Powers Many powers exercised by the president and the executive branch are not found in the Constitution They are the products of congressional statutes and resolutions. Congress voluntarily delegated legislative authority to the executive branch.
Examples of Executive Orders President Reagan s Executive Order No. 12291 of 1981 provided a reform process that was responsible for more deregulation. President Nixon established the Environmental Protection Agency through an executive order.
Governing By Decree Some important policies established by executive order Purchase of Louisiana Annexation of Texas Emancipation of slaves Internment of Japanese Initiation of Affirmative Action Creating federal agencies EPA, FDA, Peace Corps
Desegregation of the armed forces based on his position as Commanderin-Chief. President Johnson used an executive order to implement the 1964 Civil Rights Act. Sometimes go to far, Supreme Court ruled against Truman s seizure of steel mill during Korean War. President Truman
President Bush Used executive orders to Place limits on embryonic stem cell funding Prohibit federal funds for family planning Increase domestic energy exploration.
Presidential Action President Bush claimed a prerogative not to enforce those portions of a bill he believed to be unconstitutional by extending executive power through a technique known as a signing statement.
Federal Agencies Collectively develop thousands of rules and regulations. Issue thousands of orders and findings per year. Sometimes Congress gives specific guidelines Tax legislation for the Internal Revenue Service is specific and detailed and leaves little to the discretion of the IRS. Congress defines a broad goal or objective and delegates enormous discretionary power to administrators in agency.
Rise of Presidential Government
Legislative Epoch 1800-1933 Clear intent of Constitution was for legislative supremacy. After Thomas Jefferson, only Andrew Jackson and Abraham Lincoln broke the string of weak presidents. National convention system strengthened the presidency. Presidency not closely linked to major national political and social forces.
Expanding Presidential Power Presidential power expanded greatly from the 19th to the 20th century as the institutional power of the presidency grew and as presidents strengthened their connections to the people. Changing conceptions of the importance of the president led to an increase in presidential power: - The president plays a more direct role in setting the domestic policy agenda - The immediacy of modern war making and America s role in the world expanded presidential strength.
Pivotal Moment New Deal The key moment that changed American political history and brought about a new shape to the national government by Combining the personal brilliance and persuasiveness of a new president Economic conditions that generated an agenda of political action A unified partisan government A bargaining circumstance that put a premium on coordination among kindred spirits in the Capitol and White House
Franklin D. Roosevelt became the face of the new presidency. Presidency
Supreme Court and New Deal Supreme Court at first challenged this new arrangement. Declared some New Deal legislation unconstitutional because regulated conduct of individuals beyond interstate and involved intrastate matters. National Labor Relations Board v. Jones and Laughlin Steel Corporation changed this perception.
Presidential Author Woodrow Wilson was a political science professor who wrote a general textbook entitled Congressional Government for use in introductory American national government classes. In his opinion, the President seen as America s chief clerk.
Presidential Government Policy decision making shifted to the executive branch because Congress made delegations of authority to the president. United States industrialization, urbanization, and greater integration of global economy.
Presidential Government
The Organizational Presidency Contemporary presidents sit atop complex and growing White House organizations as well as an ever-expanding executive branch.
Formal Resources of President The Cabinet The White House Staff The Executive Office of the President The Vice Presidency The President and Policy
Executive Departments Cabinet Group of officials who act as advisors to president. Modern cabinet composed of the Attorney General and the heads or secretaries of the 15 executive departments. Vice President and 5 others have cabinet rank. President appoints all of these officials but each appointment must be confirmed by the Senate. Departments Deal with a different policy area. Carry out all administrative work necessary to enforce laws or assist the president in his executive duties.
Presidential Line of Succession Vice President Speaker of the House of Representatives President Pro Tempore of the Senate Secretary of State Secretary of the Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans Affairs Secretary of Homeland Security
Executive Office of the President National Security Council coordinates matters of national security across agencies, including State Department, Department of Defense, Treasury Department, and the intelligence agencies. Sometimes called the inner cabinet Council of Economic Advisors advises on economic issues. Office of Management and Budget reviews the budgetary implications of federal programs and legislation. Council on Environmental Quality - Environmental issues White House Office includes important personal and political advisors to the president such as legal counsel to the president, president s personal secretary, and the chief of staff. Takes care of presidents personal needs and manages the press.
The White House Staff or Office Mainly analysts, advisors, and special assistants. Enjoy close relationship with President. Small, informal group of close advisors popularly called the Kitchen Cabinet. Enjoys executive privilege with staff. Confidentiality
Two purposes Vice President Succeed the president in case of death, resignation, or incapacitation To preside over the Senate and cast the tie-breaking vote when necessary. Serve as diplomat representing the president, take part in policy meetings, help raise funds for their party, political resource for electoral purposes.
Vice President Presidents Reagan and Clinton attempted to keep their vice presidents, George H.W. Bush and Al Gore in the loop. However, Dan Quayle was kept out of the loop by President George H.W. Bush Spell potato
President In 1800 s, when Congress was America s dominant institution of government its members sometimes treated the president with distain. Not the case today president has expanded power. Three ways expanded power Political Party Popular mobilization Administration
Political parties and interest groups are important sources of political influence for the president. Presidential support in Congress often relies on close ties with members of Congress who are members of their political party. Helps bridge gap between the legislative and executive branches.
Presidents use their connections to important interest groups and social movements like Organized labor the Christian Right the NRA to support their programs and initiatives.
Popular Mobilization Presidential Coattails Close tie to popular president good for Congressmen. Public Support Public opinion is an incredibly powerful tool of persuasion Public Approval Higher President s rating, more support in Congress. Congress more likely to respond to the will of a president who was elected by a large margin, especially on legislation proposed early in his term. Fireside Chats
Ronald Reagan s communications skills, honed as a Hollywood actor, solidified his political strength through effective use of television and to pressure other political elites. Individual presidents have expanded the power of the office through their own personal skills. Franklin Roosevelt s confident leadership during the Great Depression and World War II helped to create the modern presidency. Lyndon Johnson s experience as a legislative leader made him a successful president in terms of leading Congress.
In the 20th century, presidents expanded their connections to the people due to: - the advent of popular presidential campaigning - the use of conventions and then primary elections - Progression - caucus to convention to primary Popular campaigning through the mass media, has given presidents the ability to claim electoral mandates for their policy agendas.
Monthly Average Presidents' Public Activities, Hoover to Clinton (Monthly Averages) 30 25 20 15 10 5 0 Hoover Roosevelt Truman Eisenhow er Kennedy Johnson Nixon Ford Carter Reagan Bush Clinton President Source: Lyn Ragsdale, Vital Statistics on the Presidency, Rev. Ed. (Washington, D.C.: CQ Press, 1998), p. 183. Note: Public activities include speeches, press conferences, and Washington appearances excluding distinctly partisan political appearances.
Expanding White House Staff The White House staff - 50 members under FDR Over 500 in contemporary White Houses. White House - increased specialization and expertise in the presidential staff. Greater capacity to collect data for the President. Growing executive administration empowers the president as the chief executive. Presidents use appointment powers, executive reorganization, and executive orders to affect policy through executive action.
President Bill Clinton President Clinton s enormously high public profile public appearances most-traveled American president in history were dramatic expressions of the permanent campaign.