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AP AMERICAN GOVERNMENT Unit Four Part 2 The President and the Bureaucracy 2 1 Unit 4 Learning Objectives Running for President 4.1 Outline the stages in U.S. presidential elections and the differences in campaigning at each stage. The Electoral College 4.2 Assess concerns regarding presidential elections and reforms that have been proposed. The Powers of the Presidency 4.3 Describe the constitutional foundations of the presidency and of the formal and informal roles of the president. Controversies in Presidential Power 4.4 Evaluate the controversies surrounding presidents assertion of additional executive powers. Back to learning objectives 1

Unit 4 Learning Objectives Managing the Presidency 4.5 Outline the functions of the White House staff, the cabinet, and the Vice President. Congress and the Presidency 4.6 Identify the sources of presidential-congressional conflict and the tools presidents use to influence Congress Chapter 12: The Presidency Structure and Powers Controversies in Power Managing the Presidency Job of the President Congress and the Presidency Judging Presidents Back to learning objectives 2

Chapter 12 Learning Objectives The Powers of the Presidency 4.3 Describe the constitutional foundations of the presidency and of the formal and informal roles of the president. Controversies in Presidential Power 4.4 Evaluate the controversies surrounding presidents assertion of additional executive powers. Managing the Presidency 4.5 Outline the functions of the White House staff, the cabinet, and the Vice President. Congress and the Presidency 4.6 Identify the sources of presidential-congressional conflict and the tools presidents use to influence Congress The Powers of the President 4.3 Describe the constitutional foundations of the presidency and of the formal and informal roles of the president. The intent of the Framers: Delegates feared both anarchy and monarchy Balance legislative and executive branches Expected Congress to be the dominant institution Back to learning objectives 3

Presidential and Parliamentary Systems Presidents may be outsiders; prime ministers are always insiders Presidents have no guaranteed majority in the legislature; prime ministers always do Divided government: one party controls the White House and another controls one or both houses of Congress Prime Ministers control the legislature, judicial, and executive; the President has no real control except veto Powers of the President The Constitution only gives six specific powers: Article I, Section 7 1. Veto power Article II, Section 2 2. Commander-in-Chief 3. Chief Executive 4. Power of Appointment 5. Treaty-making power 6. Power to Pardon Back to learning objectives 4

Article I, Section 7: The Veto Power Sign the legislation the bill becomes law. Veto the legislation the bill does not become law, unless both Houses of Congress vote to override the veto by two-thirds vote. Take no action. The president neither signs nor vetoes the legislation. After 10 days: If Congress is still convened, the bill becomes law. If Congress has adjourned the bill does not become law. This latter outcome is known as the pocket veto. No line-item veto (City of New York v Clinton, 1998) How are the President s powers checked? The Veto power Congress can over-ride veto Commander-in-Chief Congress has power to declare war Power of Appointment Senate must confirm appointments Treaty-making power 2/3 rd Senate must ratify treaties Power to Pardon Not in cases of Impeachment Back to learning objectives 5

Controversies in Presidential Power 4.4 Evaluate the controversies surrounding presidents assertion of additional executive powers. 1. Impoundment 4. Refusal to spend appropriations passed by Congress. 5. Impoundment Control Act and Train v. City of New York removed this power 2. Signing Statements 4. Issued by the President stating his intent not to enforce a law. 5. Used since Clinton, most experts believe it is unconstitutional Controversies in Presidential Power Implied Powers 3. Sovereign Immunity (11 th Amendment) Public officials and the government may not be sued in pursuit of official duties unless immunity is waived. Jones v. Clinton, 1997, ruled President no immunity for acts done before taking office and unrelated to the office. 4. War Powers Resolution, 1973 Troops cannot be used unless declaration of war or national emergency; use must be reported within 48 hours and must end within 60 days if Congress does approve Most Presidents believe it is unconstitutional (Reagan, Clinton, Bush, Obama) Back to learning objectives 6

Controversies in Presidential Power Implied Powers 5. Executive Privilege Presidents may keep secrets even if subpoenaed by Congress. US v Nixon, 1974, ruled it only applies to national security 6. Executive Orders Presidential directions for bureaucracy authorized by Article II, Section 3 that he "take Care Laws are faithfully executed Sometimes exceeds actual authority such as Japanese internment LO 12.4 Copyright 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives Back to learning objectives 7

Presidential Programs Resources in developing a program include interest groups, aides and campaign advisers, federal departments and agencies, his political party, and various specialists The Power to Persuade Presidential coattails Presidents try to transform popularity into congressional support for their programs Popularity is affected by other factors Back to learning objectives 8

Presidential Approval Back to learning objectives 9

Presidential Victories on Votes Article I, Section 3 The responsibilities of the President Give a State of the Union to Congress Convene both Houses in emergency Dismiss Congress when Disagreement about adjournment Receive Ambassadors and Heads of State Faithfully enforce the Laws of the United States Commission all Officers of the United States military Back to learning objectives 10

Managing the Presidency 4.5 Outline the functions of the White House staff, the cabinet, and the Vice President. The Cabinet Not explicitly mentioned in Constitution Presidents have many appointments to make: Cabinet Federal Judiciary Ambassadors Military Officers Positions that need to be filled in a given presidential term: 6,478 The Cabinet Departments Back to learning objectives 11

The Cabinet Departments The Cabinet Room Back to learning objectives 12

White House Staff The immediate staff of the President, often headed by the White House Chief of Staff. Rule of propinquity Back to learning objectives 13

White House Staff Organization Pyramid structure: assistants report through hierarchy to Chief of Staff, who then reports to President Eisenhower, Nixon, Reagan, W. Bush Pyramid structure Back to learning objectives 14

White House Staff Organization Circular structure: specialized cabinet secretaries and groups report directly to the President Obama, Clinton (later), Kennedy Circular Structure Back to learning objectives 15

Operation Geronimo White House Staff Organization Ad hoc structure: task forces, committees, and informal groups deal directly with president Clinton (early in his administration), W. Bush (later in administration) Back to learning objectives 16

Ad Hoc Structure Back to learning objectives 17