The Presidency
Chapter 12
I.
Presidents and prime ministers:
A. Characteristics: 1. Chief executive is the prime minister, chosen by the legislature. Presidents may be outsiders - president when compared to the prime ministers of other democratic nations, is one of the weakest executives 2. Prime minister chooses the cabinet ministers from among the members of parliament; members of Congress cannot simultaneously serve in a president’s cabinet; - Presidents have no guaranteed majority in the legislature; prime ministers always have a majority and stay in power until majority is lost. - divided government means that cooperation is hard to achieve
I.
Presidents and prime ministers:
3. Prime Minister chosen by parliament; Presidents and the Congress often work at cross-purposes. - subordinates to the president leak his views to the press and undercut his programs before Congress
I.
Presidents and prime ministers:
B. Divided government is common in U.S. but Americans dislike it for creating gridlock. - from 1952-2000 sixteen of the twenty-four congressional sessions produced a divided government - unified government: party controlling the white house has majority in Congress as well it is unclear if divided gov’t produces any worse gridlock than that which exists in unified gov’t • Does Gridlock Matter? - Unclear if divided gov’t produces fewer or worse policies than unified ones - Constitution ensures that the two branches will be rivals for power and thus rivals in policy-making -The only time there really is a unified gov’t is when the ideological wing of a certain party controls the White House and the Congress ….. these periods are very rare
I.
Presidents and prime ministers:
2. Is Policy Gridlock Bad? • Unwillingness of Amer. voters to put the same party in control of both branches implies that we like having somebody there to block a policy we don’t like. • In typical presidential election ¼ of all voters will vote for one party’s candidate for pres. And the other party’s candidate for Congress • Gridlock is a necessary consequence of a system of representative democracy • Designed to cause delays, intensifies deliberation, force compromise, requires broad based coalitions to support new policies • the opposite is true of direct democracy – in this scenario the pres. would be a traffic cop with broad powers in what direction the traffic should move and be able to ensure that it moves that way
II. Evolution of the Presidency A. Delegates feared both anarchy and monarchy. • existing state constitutions gave most power to legislatures • some of the Founders proposed a plural national executive • the victors in the debate convinced the others that in a large nation • threatened by foreign enemies, a single president with significant powers was necessary B. Four concerns of the Founders… 1. fear that the president could use the state militias to overpower state governments 2. others worried that sharing the power to make treaties would make the president a “tool of the Senate”, manipulated by his “minions and favorites”
II. Evolution of the Presidency 3. Biggest fear over presidential reelection – pres. wouldn’t step down, would use bribery, intrigue and force to stay in power…. Specifically a concern b/c they assumed that most elections would be decided in the House - has only been decided in the House twice (1800, 1824)
4. Direct popular election would give too much power to large populous states Gov. Morris of PA : “ Make him too weak: the Legislature will usurp his powers. Make him too strong: he will usurp on the legislature” The real source of Presidential power… • president’s role in foreign affairs, • his ability to shape public opinion, • his position as head of the executive branch and • his claims to have certain “inherent” powers by virtue of his office.
II. Evolution of the Presidency C. The Electoral College: 1. Each state to choose method of selecting electors; 2. Electors would meet in state capitals to vote for president and vice president; - benefited the small and large states, small at minimum would have at least three electors (more than many actually deserved based on their populations) 3. If no majority, House would decide; 4. But…Founders didn’t anticipate political parties and the influence they would wield by producing nationwide support for a slate of national candidates 5. See “How Things Work” box, The Electoral College, p. 336-337.
II. Evolution of the Presidency D. President’s term of office: 1. Washington’s Precedent of two terms, no president until FDR challenged the precedent set 2. Twenty-second Amendment in 1951 3. Public acceptance of office and officeholder – the legitimacy of the presidency itself 4. The orderly transfer of power from one incumbent to the next - has occurred time and time again despite the deeply divisive elections like Jefferson’s in 1800 E. The first presidents: 1. Office quickly legitimated; - due in part to the fact that the first presidents were some of the most prominent men in the nation
II. Evolution of the Presidency F. The Jacksonians: 1. Jackson believed in a strong and independent president. - he was elected as a military hero, people weren’t sure what type of president he would be
- used the powers of the office as no one before him had 2.
Vigorous use of veto - issued 12 vetoes, more than all his predecessors combined - viewed himself as “Tribune of the People” - size of the electorate increased dramatically - new states were being admitted to the Union – 24 - demonstrated the power of a popular president - didn’t shrink from challenges from the Congress, he believed in a strong and independent presidency - issue of slavery at this point was dividing the country
II. Evolution of the Presidency G. Reemergence of Congress – the next hundred years: - after Jackson Congress reasserts itself – especially the Senate - of the 8 presidents to follow Jackson, 2 died in office the others were one term presidents
- intensely partisan era 1. Intensely divided public opinion; 2. Until FDR, only Lincoln, Teddy Roosevelt and Wilson expanded presidential power; • Lincoln broke new ground: was formerly a member of the Whig party – ironically ran on limiting presidential power • Oppose Amer. entry into the Mexican War, critical of Jackson’s use of executive authority • As president: made use of the vague gift of powers found in Article II • Specifically : “implied” or “inherent” powers, and “take care that the laws be faithfully executed”
II. Evolution of the Presidency 2. Acting as commander and chief: • raised and army, • spent $, • blockaded southern ports, • temporarily suspends habeas corpus, • issued the Emancipation Proclamation…. All w/o congressional approval 3. Congress reasserted itself after his presidency 3. Even today, popular conception of president as center of government contradicts reality; Congress often policy leader. •
Mark Peterson’s research demonstrated that from Ike to Reagan Congress, not the President, took the lead in setting the legislative agenda
•
“Congress proposes, the president disposes” : legislative-executive relations involve hard bargaining and struggle between these two branches
•
Impact of President on reelections of congressmen from his/her party : since 1934, in all but two elections the presidents party has lost seats in Congress during off-year elections
III Powers of the Presidency A. Formal powers in Article II: 1. Unilateral powers, plus those requiring formal legislative approval. • Commander and chief (in wartime and in the direction of the military forces) • Commission officers of armed services • Grant reprieves and pardons for federal offenses (not impeachment) • Convene Congress in special sessions • Receive ambassadors • Take care that the laws are executed • Wield “executive power” • Appoint officials to lesser offices 2. Powers the President shares with Senate • Make treaties • Appoint ambassadors, judges, and high officials 3. Powers of the President that are shared with Congress as a whole - Approve legislation
III Powers of the Presidency 4. Potential for power found in ambiguous clauses of the Constitution— e.g., power as commander in chief, in oath of office (“to protect and defend the Constitution of the United States”) and executive power (“to take care that laws be faithfully executed”). – this has become one of the most elastic clauses in the Constitution B. Greatest source of power lies in politics and public opinion • Since the1930s the Congress has passed laws that confer on the exec. branch broad grants of authority to achieve some general goals…. Leaving the howto’s up to the president and his deputies to define the regulations and programs
IV The Office of the President A. The White House Office (West Wing) 1. President’s closest assistants 2. West Wing organized according to president’s style • Pyramid – top down administration, report up through the chain of command with the chief of staff dealing directly with the president • Orderly flow of info. but does so at the risk of isolating the president • Circular structure – cabinet secretaries and assistants report directly to the president • Gives the president a great deal of information but the price is often confusion and conflict among cabinet secretaries and assistants • Ad-hoc structure – task forces, committees, and informal groups of friends and advisers deal directly with the president • Allows great flexibility, minimizes bureaucratic inertia, and generate ideas and information from different channels, the risk is that the president is cut off rom the government officials • Common for presidents to mix methods
IV The Office of the President 4. Staff typically worked on the campaign; a few are experts • Limited supply of time and energy makes it necessary for presidents to rely heavily on one or two key subordinates • Longtime associates in whom the president has confidence
• Proximity to the president’s oval office is a good indicator of the relative influence of the people in them • Staff attaches great importance to being close to POTUS 5. See the How Things Work boxes, The President: Qualifications and Benefits, and The Myth and Reality of the White House Office; see also the Politically Speaking box, Perks.
IV The Office of the President B. Executive Office of the President (EOP): 1. Executive agencies report directly to president 2. Appointments need Senate confirmation, unlike White House staff.
3.Office of Management and Budget (OMB), perhaps the most important agency in the EOP C. The cabinet: executive departments 1. Not explicitly mentioned in Constitution 2. Inherent conflict between president & cabinet—secretaries become advocates for their departments. 3. “Acting” appointments increased legislative-executive tensions
IV The Office of the President D. Independent agencies, commissions, and judgeships: 1.Commissions have a quasi-independent status: fixed terms, difficult to “fire” 2. Confirmed by the Senate. 3. Judges removed only by impeachment. 4. See the How Things Work box, Federal Agencies.
V Who Gets Appointed A. President knows few appointees personally. B. Most senior appointees have had federal experience. C. Presidential considerations for appointments—politics, demographics, geography… D. Rivalry often develops between department heads and White House staff. E. See the House Things Work box, The Presidential (Non) Appointment Process.
VI.
Presidential character reflected in White House organization
A. Eisenhower: orderly, delegation of authority to trained specialists B. Kennedy: improviser C. Johnson: master legislative strategist, who tended to micromanage
D. Nixon: expertise in foreign policy, tried to centralize power in the White House E. Ford: decisions structures not always coherent or utilized F. Carter: also tended to micromanage G. Reagan: set policy priorities and then gave staff wide latitude H. George H.W. Bush: hands-on manager, with considerable Washington experience
I.
Clinton: good communicator, who pursued liberal/centrist policies
J. George W. Bush: tightly run White House; agenda dominated by foreign affairs; loyalty over expertise.
VII The Power to Persuade A. Presidents use the office’s national constituency and ceremonial duties to enlarge powers. B. Three audiences for president’s persuasion: 1. 2. 3.
Fellow politicians and leaders in Washington, D.C. Party activists and officials outside Washington Various publics
C. Popularity and influence: 1. Goal: transform popularity into congressional support for programs; 2. Presidential coattails have minimal influence today; 3.Congressional elections relatively insulated from presidential elections;
4. Popularity affected by factors beyond control—i.e., September 11th, Katrina, Bay-of-Pigs.
VII The Power to Persuade D. The decline in popularity: 1. Popularity highest immediately after election – “ honeymoon period” … Move It Or Lose It – want to get something done should, do it early in his term
2. Declines by midterm. typically by the time of the midterm elections the reputation of the president and his party declines since the 30’s, in every off year election but one the president’s party has - “Bully Pulpit” : when presidents use the prestige and visability of the office to persuade the American people to side with them. Once he has the support of the public he/she can influence the congress
VII. A. Veto:
The Power to Say NO
1. Veto message sent within ten days of the bill’s passage. Statement accompanies the veto explaining rationale for decision 2. Pocket veto (only before Congress adjourns at the end of its second session – must be fewer than 10 days left in session) - 1972 Kennedy challenged presidential authority to use a pocket veto during congressional recesses – federal courts agreed 3.Congress rarely overrides vetoes; no line-item veto 1996 Congress passed a bill giving the president the power of “enhanced recession” – could cancel parts of spending bills w/o vetoing the whole thing - Supreme Court struck down the bill as unconstitutional – b/c the Constitution does not gave the president the authority to carve up bills, he can either sign, veto the whole thing, or take no action at all
VII.
Power to Say NO
B. Executive privilege: 1. Confidential communications between president and advisers need not be disclosed. 2. Power of executive to withhold information from people, Congress, courts 3. Justification a) Separation of powers b) Need for candid advice which wouldn’t be provided as readily if advisers felt like what they said would be exposed to public scrutiny 4. U.S. v. Nixon (1973) rejected claim of absolute executive privilege Court ruled that Nixon had to give up the tapes of White House conversations There is no “absolute unqualified Presidential privilege of immunity from judicial process under all circumstances”
5. George Bush (2007) ordered aides not to testify to Congress re: fired U.S. Attorneys.
VII. Power to Say NO C. Impoundment of funds 1. Definition: presidential refusal to spend funds appropriated by Congress 2. Nixon impoundments countered by Budget Reform Act of 1974 He attempted to reduce federal spending via impoundment b/c the Dem controlled Congress rebuffed his wishes He responded by vetoing 12 spending bills and refusing to release funds for projects that he didn’t approve of BRA of 1974 – requires president to spend all appropriated funds unless he wishes not to spend and Congress, w/in 45 days agrees to delete the items If they don’t agree he is required to release the funds immediately Contemporary connect – What if the incoming president in 2016 attempts to impound funds for the Affordable Care Act?
VIII. The Presidents Program A. Putting together a program 1. Input from many sources; Interest Groups: Strength: specific plans and ideas Weakness: narrow view of the public interest Aides and campaign advisors: Strength: test new ideas for political soundness Weakness: won’t have many ideas to test, inexperienced in government Federal bureaus and agencies: Strengths: will know what is feasible Weakness: will propose plans that promote their agencies, won’t know if the plans will work Outside, academic, and other specialists and experts: Strength: will have many general ideas and criticisms of existing programs Weakness: will not know the details of policy or have a good understanding of what is feasible
VIII. The Presidents Program 2. Approaches to policy formulation differ depending on incumbent; Two primary ways to formulate a program - Have policies on every conceivable issue (time consuming ordeal) - Concentrate on 3 or 4 major initiatives or themes and leave the other details to subordinates The state of the Economy and Foreign Affairs have become major issues that the president must devote time to Opinion polls have huge impact on decision making Trustee approach: do what the public good requires regardless of political costs Delegate approach: do what your constituents want you to do
VIII. The Presidents Program 3. Many constraints on a president’s program: - Cannot risk plunging ahead without first gauging public and congressional retain to proposals -Leaking information helps them test the waters - Other constraints on time- phone calls to congress, receive newly appointed ambassadors and heads of state, photo opportunities - Unexpected events and crisis’ B. Presidents often (try to) reorganize agencies to sidestep constraints on programs. - Ex: post 9/11 Bush’s creation of the White House Office of Homeland Security – attempt to bring the Coast Guard, Customs Services, FEMA, & INS under it’s control
- Created the 3rd largest cabinet department encompassing 22 federal agencies, nearly 170,000 employees !!! So much for the rhetoric of small government eh?
IX. Presidential Transition A. Only 16 of 44 presidents have served two terms. B. The vice president: 1. Eight vice presidents succeeded to office on president’s death. They rarely acquire it own through election (Van Buren, Nixon, G. Bush) 2. Two Constitutional duties • Serve as president of the Senate (doesn’t usually do this job, delegated to the president pro tempore • Vote in case of a tie Unless in a crisis, the VP is, at best only an advisor to the President Adams “ the most insignificant office that ever the invention of man contrived or his imagination conceived” Jefferson “ the second office of the government is honorable and easy, the first is but a splendid misery” Webster decline VP “I do not choose to be buried until I am really dead” Garner “not worth a pitcher of warm spit”
IX. Presidential Transition C. Problems of succession: 1. What if president falls ill? 2. If vice president steps up, who becomes new vice president? 3. Succession Act of 1947 Made the Speaker of the House and then pres pro tempore of Senate next in line Two problems: both are likely chosen b/c of seniority, not executive skill & they might likely be from the oppositional party 4. Procedures set in 25th Amendment (1967) to address these problems o Dealt with disability problem: VP serves as “acting president” if president declares or is determined to be unable to discharge the powers and duties of his office (VP and cabinet majority necess, if pres. disagrees 2/3 majority of Congress is needed) o Deals with succession problem: requires VP to assume presidency and nominate a new VP (req. Senate confirmation) 73’ Agnew resigns after pleading no contest to criminal charges, Nixon nominates Ford, Nixon resigns in 74’, Ford pardons Nixon, Nixon nominates Rockefeller (neither the Pres or VP had been elected to the office)
X. How Powerful is the President A. Both president and Congress more constrained today. B. Reasons for constraint: 1. Complexity of issues makes it more difficult to act decisively 2. Scrutiny of the media 3. Greater number and power of interest groups C. Presidential responses to constraints include: 1. Acting early in the first term (honeymoon period) 2. Establishing a few top priorities 3. Giving power to the White House staff and supervising them carefully 4. Ignoring constraints
XI. Answering the Enduring ?s A. Should we want presidents to be stronger or weaker than Congress? 1. Founders designed Congress to be the “first branch” with lawmaking powers. 2. However, presidential power in wartime and in national crises have meant that they are sometimes “first among equals.” 3. Separation of powers sometimes favored the president, but only after Congress has agreed to enhance the power of that office B. Does personal character of a president make a difference in how the job is done? 1. Personal character as one factor among many: life experience, managerial style, media relations and communications style, external events, congressional relations, Washington relationships, etc. C. Abolish the Electoral College? 1. The Electoral College enhances workings of federalism and increases power of states 2. Abolition would likely encourage formation of third parties
I.
Presidents and prime ministers:
A. Characteristics: 1. Chief executive is the prime minister, chosen by the legislature. Presidents may be outsiders - president when compared to the prime ministers of other democratic nations, is one of the weakest executives 2. Prime minister chooses the cabinet ministers from among the members of parliament; members of Congress cannot simultaneously serve in a president’s cabinet; - Presidents have no guaranteed majority in the legislature; prime ministers always have a majority and stay in power until majority is lost. - divided government means that cooperation is hard to achieve
I.
Presidents and prime ministers:
3. Prime Minister chosen by parliament; Presidents and the Congress often work at cross-purposes. - subordinates to the president leak his views to the press and undercut his programs before Congress
I.
Presidents and prime ministers:
B. Divided government is common in U.S. but Americans dislike it for creating gridlock. - from 1952-2000 sixteen of the twenty-four congressional sessions produced a divided government - unified government: party controlling the white house has majority in Congress as well it is unclear if divided gov’t produces any worse gridlock than that which exists in unified gov’t • Does Gridlock Matter? - Unclear if divided gov’t produces fewer or worse policies than unified ones - Constitution ensures that the two branches will be rivals for power and thus rivals in policy-making -The only time there really is a unified gov’t is when the ideological wing of a certain party controls the White House and the Congress ….. these periods are very rare
I.
Presidents and prime ministers:
2. Is Policy Gridlock Bad? • Unwillingness of Amer. voters to put the same party in control of both branches implies that we like having somebody there to block a policy we don’t like. • In typical presidential election ¼ of all voters will vote for one party’s candidate for pres. And the other party’s candidate for Congress • Gridlock is a necessary consequence of a system of representative democracy • Designed to cause delays, intensifies deliberation, force compromise, requires broad based coalitions to support new policies • the opposite is true of direct democracy – in this scenario the pres. would be a traffic cop with broad powers in what direction the traffic should move and be able to ensure that it moves that way
II. Evolution of the Presidency A. Delegates feared both anarchy and monarchy. • existing state constitutions gave most power to legislatures • some of the Founders proposed a plural national executive • the victors in the debate convinced the others that in a large nation • threatened by foreign enemies, a single president with significant powers was necessary B. Four concerns of the Founders… 1. fear that the president could use the state militias to overpower state governments 2. others worried that sharing the power to make treaties would make the president a “tool of the Senate”, manipulated by his “minions and favorites”
II. Evolution of the Presidency 3. Biggest fear over presidential reelection – pres. wouldn’t step down, would use bribery, intrigue and force to stay in power…. Specifically a concern b/c they assumed that most elections would be decided in the House - has only been decided in the House twice (1800, 1824)
4. Direct popular election would give too much power to large populous states Gov. Morris of PA : “ Make him too weak: the Legislature will usurp his powers. Make him too strong: he will usurp on the legislature” The real source of Presidential power… • president’s role in foreign affairs, • his ability to shape public opinion, • his position as head of the executive branch and • his claims to have certain “inherent” powers by virtue of his office.
II. Evolution of the Presidency C. The Electoral College: 1. Each state to choose method of selecting electors; 2. Electors would meet in state capitals to vote for president and vice president; - benefited the small and large states, small at minimum would have at least three electors (more than many actually deserved based on their populations) 3. If no majority, House would decide; 4. But…Founders didn’t anticipate political parties and the influence they would wield by producing nationwide support for a slate of national candidates 5. See “How Things Work” box, The Electoral College, p. 336-337.
II. Evolution of the Presidency D. President’s term of office: 1. Washington’s Precedent of two terms, no president until FDR challenged the precedent set 2. Twenty-second Amendment in 1951 3. Public acceptance of office and officeholder – the legitimacy of the presidency itself 4. The orderly transfer of power from one incumbent to the next - has occurred time and time again despite the deeply divisive elections like Jefferson’s in 1800 E. The first presidents: 1. Office quickly legitimated; - due in part to the fact that the first presidents were some of the most prominent men in the nation
II. Evolution of the Presidency F. The Jacksonians: 1. Jackson believed in a strong and independent president. - he was elected as a military hero, people weren’t sure what type of president he would be
- used the powers of the office as no one before him had 2.
Vigorous use of veto - issued 12 vetoes, more than all his predecessors combined - viewed himself as “Tribune of the People” - size of the electorate increased dramatically - new states were being admitted to the Union – 24 - demonstrated the power of a popular president - didn’t shrink from challenges from the Congress, he believed in a strong and independent presidency - issue of slavery at this point was dividing the country
II. Evolution of the Presidency G. Reemergence of Congress – the next hundred years: - after Jackson Congress reasserts itself – especially the Senate - of the 8 presidents to follow Jackson, 2 died in office the others were one term presidents
- intensely partisan era 1. Intensely divided public opinion; 2. Until FDR, only Lincoln, Teddy Roosevelt and Wilson expanded presidential power; • Lincoln broke new ground: was formerly a member of the Whig party – ironically ran on limiting presidential power • Oppose Amer. entry into the Mexican War, critical of Jackson’s use of executive authority • As president: made use of the vague gift of powers found in Article II • Specifically : “implied” or “inherent” powers, and “take care that the laws be faithfully executed”
II. Evolution of the Presidency 2. Acting as commander and chief: • raised and army, • spent $, • blockaded southern ports, • temporarily suspends habeas corpus, • issued the Emancipation Proclamation…. All w/o congressional approval 3. Congress reasserted itself after his presidency 3. Even today, popular conception of president as center of government contradicts reality; Congress often policy leader. •
Mark Peterson’s research demonstrated that from Ike to Reagan Congress, not the President, took the lead in setting the legislative agenda
•
“Congress proposes, the president disposes” : legislative-executive relations involve hard bargaining and struggle between these two branches
•
Impact of President on reelections of congressmen from his/her party : since 1934, in all but two elections the presidents party has lost seats in Congress during off-year elections
III Powers of the Presidency A. Formal powers in Article II: 1. Unilateral powers, plus those requiring formal legislative approval. • Commander and chief (in wartime and in the direction of the military forces) • Commission officers of armed services • Grant reprieves and pardons for federal offenses (not impeachment) • Convene Congress in special sessions • Receive ambassadors • Take care that the laws are executed • Wield “executive power” • Appoint officials to lesser offices 2. Powers the President shares with Senate • Make treaties • Appoint ambassadors, judges, and high officials 3. Powers of the President that are shared with Congress as a whole - Approve legislation
III Powers of the Presidency 4. Potential for power found in ambiguous clauses of the Constitution— e.g., power as commander in chief, in oath of office (“to protect and defend the Constitution of the United States”) and executive power (“to take care that laws be faithfully executed”). – this has become one of the most elastic clauses in the Constitution B. Greatest source of power lies in politics and public opinion • Since the1930s the Congress has passed laws that confer on the exec. branch broad grants of authority to achieve some general goals…. Leaving the howto’s up to the president and his deputies to define the regulations and programs
IV The Office of the President A. The White House Office (West Wing) 1. President’s closest assistants 2. West Wing organized according to president’s style • Pyramid – top down administration, report up through the chain of command with the chief of staff dealing directly with the president • Orderly flow of info. but does so at the risk of isolating the president • Circular structure – cabinet secretaries and assistants report directly to the president • Gives the president a great deal of information but the price is often confusion and conflict among cabinet secretaries and assistants • Ad-hoc structure – task forces, committees, and informal groups of friends and advisers deal directly with the president • Allows great flexibility, minimizes bureaucratic inertia, and generate ideas and information from different channels, the risk is that the president is cut off rom the government officials • Common for presidents to mix methods
IV The Office of the President 4. Staff typically worked on the campaign; a few are experts • Limited supply of time and energy makes it necessary for presidents to rely heavily on one or two key subordinates • Longtime associates in whom the president has confidence
• Proximity to the president’s oval office is a good indicator of the relative influence of the people in them • Staff attaches great importance to being close to POTUS 5. See the How Things Work boxes, The President: Qualifications and Benefits, and The Myth and Reality of the White House Office; see also the Politically Speaking box, Perks.
IV The Office of the President B. Executive Office of the President (EOP): 1. Executive agencies report directly to president 2. Appointments need Senate confirmation, unlike White House staff.
3.Office of Management and Budget (OMB), perhaps the most important agency in the EOP C. The cabinet: executive departments 1. Not explicitly mentioned in Constitution 2. Inherent conflict between president & cabinet—secretaries become advocates for their departments. 3. “Acting” appointments increased legislative-executive tensions
IV The Office of the President D. Independent agencies, commissions, and judgeships: 1.Commissions have a quasi-independent status: fixed terms, difficult to “fire” 2. Confirmed by the Senate. 3. Judges removed only by impeachment. 4. See the How Things Work box, Federal Agencies.
V Who Gets Appointed A. President knows few appointees personally. B. Most senior appointees have had federal experience. C. Presidential considerations for appointments—politics, demographics, geography… D. Rivalry often develops between department heads and White House staff. E. See the House Things Work box, The Presidential (Non) Appointment Process.
VI.
Presidential character reflected in White House organization
A. Eisenhower: orderly, delegation of authority to trained specialists B. Kennedy: improviser C. Johnson: master legislative strategist, who tended to micromanage
D. Nixon: expertise in foreign policy, tried to centralize power in the White House E. Ford: decisions structures not always coherent or utilized F. Carter: also tended to micromanage G. Reagan: set policy priorities and then gave staff wide latitude H. George H.W. Bush: hands-on manager, with considerable Washington experience
I.
Clinton: good communicator, who pursued liberal/centrist policies
J. George W. Bush: tightly run White House; agenda dominated by foreign affairs; loyalty over expertise.
VII The Power to Persuade A. Presidents use the office’s national constituency and ceremonial duties to enlarge powers. B. Three audiences for president’s persuasion: 1. 2. 3.
Fellow politicians and leaders in Washington, D.C. Party activists and officials outside Washington Various publics
C. Popularity and influence: 1. Goal: transform popularity into congressional support for programs; 2. Presidential coattails have minimal influence today; 3.Congressional elections relatively insulated from presidential elections;
4. Popularity affected by factors beyond control—i.e., September 11th, Katrina, Bay-of-Pigs.
VII The Power to Persuade D. The decline in popularity: 1. Popularity highest immediately after election – “ honeymoon period” … Move It Or Lose It – want to get something done should, do it early in his term
2. Declines by midterm. typically by the time of the midterm elections the reputation of the president and his party declines since the 30’s, in every off year election but one the president’s party has - “Bully Pulpit” : when presidents use the prestige and visability of the office to persuade the American people to side with them. Once he has the support of the public he/she can influence the congress
VII. A. Veto:
The Power to Say NO
1. Veto message sent within ten days of the bill’s passage. Statement accompanies the veto explaining rationale for decision 2. Pocket veto (only before Congress adjourns at the end of its second session – must be fewer than 10 days left in session) - 1972 Kennedy challenged presidential authority to use a pocket veto during congressional recesses – federal courts agreed 3.Congress rarely overrides vetoes; no line-item veto 1996 Congress passed a bill giving the president the power of “enhanced recession” – could cancel parts of spending bills w/o vetoing the whole thing - Supreme Court struck down the bill as unconstitutional – b/c the Constitution does not gave the president the authority to carve up bills, he can either sign, veto the whole thing, or take no action at all
VII.
Power to Say NO
B. Executive privilege: 1. Confidential communications between president and advisers need not be disclosed. 2. Power of executive to withhold information from people, Congress, courts 3. Justification a) Separation of powers b) Need for candid advice which wouldn’t be provided as readily if advisers felt like what they said would be exposed to public scrutiny 4. U.S. v. Nixon (1973) rejected claim of absolute executive privilege Court ruled that Nixon had to give up the tapes of White House conversations There is no “absolute unqualified Presidential privilege of immunity from judicial process under all circumstances”
5. George Bush (2007) ordered aides not to testify to Congress re: fired U.S. Attorneys.
VII. Power to Say NO C. Impoundment of funds 1. Definition: presidential refusal to spend funds appropriated by Congress 2. Nixon impoundments countered by Budget Reform Act of 1974 He attempted to reduce federal spending via impoundment b/c the Dem controlled Congress rebuffed his wishes He responded by vetoing 12 spending bills and refusing to release funds for projects that he didn’t approve of BRA of 1974 – requires president to spend all appropriated funds unless he wishes not to spend and Congress, w/in 45 days agrees to delete the items If they don’t agree he is required to release the funds immediately Contemporary connect – What if the incoming president in 2016 attempts to impound funds for the Affordable Care Act?
VIII. The Presidents Program A. Putting together a program 1. Input from many sources; Interest Groups: Strength: specific plans and ideas Weakness: narrow view of the public interest Aides and campaign advisors: Strength: test new ideas for political soundness Weakness: won’t have many ideas to test, inexperienced in government Federal bureaus and agencies: Strengths: will know what is feasible Weakness: will propose plans that promote their agencies, won’t know if the plans will work Outside, academic, and other specialists and experts: Strength: will have many general ideas and criticisms of existing programs Weakness: will not know the details of policy or have a good understanding of what is feasible
VIII. The Presidents Program 2. Approaches to policy formulation differ depending on incumbent; Two primary ways to formulate a program - Have policies on every conceivable issue (time consuming ordeal) - Concentrate on 3 or 4 major initiatives or themes and leave the other details to subordinates The state of the Economy and Foreign Affairs have become major issues that the president must devote time to Opinion polls have huge impact on decision making Trustee approach: do what the public good requires regardless of political costs Delegate approach: do what your constituents want you to do
VIII. The Presidents Program 3. Many constraints on a president’s program: - Cannot risk plunging ahead without first gauging public and congressional retain to proposals -Leaking information helps them test the waters - Other constraints on time- phone calls to congress, receive newly appointed ambassadors and heads of state, photo opportunities - Unexpected events and crisis’ B. Presidents often (try to) reorganize agencies to sidestep constraints on programs. - Ex: post 9/11 Bush’s creation of the White House Office of Homeland Security – attempt to bring the Coast Guard, Customs Services, FEMA, & INS under it’s control
- Created the 3rd largest cabinet department encompassing 22 federal agencies, nearly 170,000 employees !!! So much for the rhetoric of small government eh?
IX. Presidential Transition A. Only 16 of 44 presidents have served two terms. B. The vice president: 1. Eight vice presidents succeeded to office on president’s death. They rarely acquire it own through election (Van Buren, Nixon, G. Bush) 2. Two Constitutional duties • Serve as president of the Senate (doesn’t usually do this job, delegated to the president pro tempore • Vote in case of a tie Unless in a crisis, the VP is, at best only an advisor to the President Adams “ the most insignificant office that ever the invention of man contrived or his imagination conceived” Jefferson “ the second office of the government is honorable and easy, the first is but a splendid misery” Webster decline VP “I do not choose to be buried until I am really dead” Garner “not worth a pitcher of warm spit”
IX. Presidential Transition C. Problems of succession: 1. What if president falls ill? 2. If vice president steps up, who becomes new vice president? 3. Succession Act of 1947 Made the Speaker of the House and then pres pro tempore of Senate next in line Two problems: both are likely chosen b/c of seniority, not executive skill & they might likely be from the oppositional party 4. Procedures set in 25th Amendment (1967) to address these problems o Dealt with disability problem: VP serves as “acting president” if president declares or is determined to be unable to discharge the powers and duties of his office (VP and cabinet majority necess, if pres. disagrees 2/3 majority of Congress is needed) o Deals with succession problem: requires VP to assume presidency and nominate a new VP (req. Senate confirmation) 73’ Agnew resigns after pleading no contest to criminal charges, Nixon nominates Ford, Nixon resigns in 74’, Ford pardons Nixon, Nixon nominates Rockefeller (neither the Pres or VP had been elected to the office)
X. How Powerful is the President A. Both president and Congress more constrained today. B. Reasons for constraint: 1. Complexity of issues makes it more difficult to act decisively 2. Scrutiny of the media 3. Greater number and power of interest groups C. Presidential responses to constraints include: 1. Acting early in the first term (honeymoon period) 2. Establishing a few top priorities 3. Giving power to the White House staff and supervising them carefully 4. Ignoring constraints
XI. Answering the Enduring ?s A. Should we want presidents to be stronger or weaker than Congress? 1. Founders designed Congress to be the “first branch” with lawmaking powers. 2. However, presidential power in wartime and in national crises have meant that they are sometimes “first among equals.” 3. Separation of powers sometimes favored the president, but only after Congress has agreed to enhance the power of that office B. Does personal character of a president make a difference in how the job is done? 1. Personal character as one factor among many: life experience, managerial style, media relations and communications style, external events, congressional relations, Washington relationships, etc. C. Abolish the Electoral College? 1. The Electoral College enhances workings of federalism and increases power of states 2. Abolition would likely encourage formation of third parties
