The presidency: recently Climate Obama: bilateral deal with China followed 9 months of secret talks China to cap carbon emissions by 2030 US to cut emissions by 28% of 2005 levels by 2025 Immigra,on Obama: ExecuFve order Offer legal docs to 5 mil undocumented immigrants Temporary reprieve from deportafon people w/ children who are US cifzens / legal residents Not permanent residency not path to cifzenship
The presidency How does president have such powers? Would the framers of the ConsFtuFon approve the modern presidency?
ConsFtuFon: ArFcle II Sec. 1 (vesfng clause) The execufve Power shall be vested in a President of the United States. He shall hold office for a term of 4 years, and together with the VP, chosen for the same term, elected as follows...lots of stuff about Electoral College who can run salary oath of office faithfully execute the Office of the President, defend ConsFtuFon
What is in ArFcle II Sec. 2 President shall be Commander in Chief of Army, Navy, and of the MiliFas; in charge of principle officer in ExecuFve Departments, can grant reprieves and pardons make treafes with advice and consent of Congress, appoint Ambassadors, judges, and all other officers of the US whose appointments are not herein provided for and which shall be established by Law; Congress may by Law vest the appointments...as they see proper in the President alone, in the Courts of Law or in the Heads of Departments fill vacancies that happen during the Recess of the Senate
What is in ArFcle II Sec. 3 He shall from Fme to Fme give Congress informa,on on the State of the Union, and recommend to their considerafon Measures as he shall judge necessary and expedient; on extraordinary occasion convene both Houses; he may adjourn them. Receive ambassadors, take care that Laws are faithfully executed, shall commission all the Officers of the United States
What is in ArFcle II Sec. 4 President, VP, and all civil Officers of the US shall be removed from Office on Impeachment for, and ConvicFon of, Treason, Bribery, or other high Crimes and Misdemeanors.
Other ideas at the Fme Plural execufve Prime Minister George Washington Patriot King Paternal care
Yes, Founders would approve President as popular leader? ArFcles of ConfederaFon tell us about founders intent for presidency President as popular leader, not arm of Congress
Yes, Founders would approve What does it mean to execute laws passed by Congress? Modern examples ImmigraFon prosecutorial discrefon Heath Care Interpret ACA such that subsidies go to people in states w/o state exchanges
Yes, Founders would approve ArFcle II no extensive list leaving later presidents to expand [office] as the Fmes required
Yes, Founders would approve They wanted a president who could stand up to Congress and play acfve role in legislature as equal or superior? What is the case today?
Founders Did they intend president to be popular leader? Being elected = power? Some wanted president elected by popular vote, but it was complicated
Founders The Electoral College an awkward compromise Federalism Slavery How apporfon how many votes to slave states
Yes, Founders would approve Argument, in sum; execufve discrefon legislafve leadership substanfal administrafve apparatus popular leader
No, Founders would not approve Central roles of modern presidency not in ConsFtuFon: popular leader bully pulpit chief legislator
No, Founders would not approve Is vesfng clause a list of limits Vests power to execute instrucfons of Congress faithfully Very few domesfc powers listed
No, Founders would not approve What did Madison say about role of legislature? Supreme ArFcle 1 comes first In discussing president, what founders debated limits on popular influence
No, Founders would not approve president would not acfvely culfvate mass support in order to pressure Congress Federalist Papers: President would be above campaign polifcs a clerk what were the Fed Papers?
No, Founders would not approve Founders, & separafon of powers Even foreign policy requires close consultafon with Senate How did early presidents behave in office? This could tell us something of intent Geo. Washington s tours holding court, but not royalty, no third term Whiskey rebellion
Power of the president What is the power of modern presidents? Does founder s intent maper?
How have things changed, and when? Jackson 1828 Expanded execufve acfons told Court to stuff it Patronage SFll, govt didn t do much, so presidents didn't Congress, 20 th Century DelegaFon of funcfons and resources
InsFtuFonalizaFon of Presidency Autonomy Adaptability (longevity of units) Complexity (specializafon)
InsFtuFonalizaFon of Presidency OrganizaFon that acquires value and stability Presidency now much more than the President The office creates systemic similarifes across presidents
InsFtuFonalizaFon of Presidency As late as 1922 president had only 31 staff mostly low level today about 2000 presidenfal appointments even more staff in EOP Congress more insftufonalized then president unfl well into 20 th century commipees, long tenure, many staff more size, funcfons & resources
InsFtuFonalizaFon of Presidency Cabinet level agencies PLUS 1921 Budget Act Required Pres. to dras budget, est. BOB 1932 Depression New Deal, FRD 1939 ExecuFve Office of President Bureau of Budget moved to EOP White House Office established
InsFtuFonalizaFon of Presidency 1947 NaFonal Security Act est CIA, Dept. of Defense NaFonal Security Advisor, staff NaFonal Security Council 1970, Office of Management and Budget in EOP largest part of EOP
InsFtuFonalizaFon of Presidency 1970s Clean Air Act / Water Act EPA Office of Trade RepresentaFve Drug Czar Other Czars vs. Cabinet level agencies (State, Interior, Ag., Treasury, etc.)
And Signing statements ExecuFve orders ExecuFve agreements