The Presidency

1
The Presidency

• (1). Outline the presidency's development in
  theory and legal political independence.
• (2). Examine the Presidents constitutional
  powers, and those shared with Congress, to
  include shared powers, enumerated powers, and
  implied powers.
• (3). Outline the presidency in practice by which
  theoretical rules of the office are applied.
• (4). Discuss the advent of the modern
  presidency and the impact of FDR.
• (5). Summarize the key roles responsibilities
  performed by the president, and contrast
  Chief of State, Chief Legislator, Chief
  Executive, Diplomat, opinion leader, and CINC.
• (6). Outline how the President is nominated and
  how this process has changed over time.
• (7). Explain how the President is elected, and
  the significant role of the electoral college.
• (8). Examine the institution of the Presidency
  and various sources of Presidential power.
• (9). Contrast the diverse models used by
  presidents and explain their historic impact.
• (10). Discuss the organizational structure of the
  Presidency and key agencies of the EOP.
• (11). Examine how the office of the Presidency
  works and the impact of internal factors, to
  include EOP functions, Presidential Management
  Styles, and the role of the Staff.
• (12). Examine external influences and the impact
  of expectations on the Presidency.
• (13). Analyze the modern presidency in political
  context of permanent crisis, conflicting
  expectations, and time institutional
  constraints.
• (14). Compare the various presidential strategies
  and assess their effectiveness.
• (15). Examine the diverse relationships which the
  President must effectively maintain.
• (16). Assess the future strengths and limits of
  Presidential power and leadership.

2
Development of the PresidencyConstitutional
Rules
Three Primary Characteristics
Independence from other branches
Shared powers
Vaguely defined powers
3
Legal Political Independence

• Congress Courts gt no major role in selection
• Congress only counts electoral college votes
• Only selects if no candidate has clear majority
• Impeachment rulesgt political independence
• Examples A. Johnson Clintons impeachment
• Four year term option for (one) re-election
• When FDR bucks precedent gt 22nd Amendment

4
Presidents Shared Powers

• The Constitution both empowers constrains
• Power to appoint Judges executive officers
• Power to make Treaties with other Nations
• But above powers constrained by what shared with
  who?

Senates role?
5
Article II of the Constitution Presidents
Enumerated Powers
6
Article II of the Constitution
Enumerated Powers Powers explicitly identified in
the text of the Constitution- To include

• Make treaties
• Make appointments
• Veto power
• Commander in Chief
• Executive Power

• Power to pardon
• Recommend legislation
• Call Congress to session
• Receive Ambassadors

What exactly does vested with Executive Power
mean?
7
The Presidency in Practice Applying the Rules

• George Washingtons precedents
• Proposed lobbied Congress to his pass agenda
• Established principle of confidentiality
• Limited Senates advice to consent only
• Denied Congress formal role in Diplomacy
• Established President as leader of executive
  branch
• Two Term limit informally established (impact?)
• Jeffersons precedents
• Established President as Leader of the Party

8
The Presidency in Practice

• Andrew Jacksons precedents
• voice of the people (national constituency)
• Justification for Presidents leadership role
• Lincolns precedents
• Whatever it takes to protect Uniongt peak of
  Power
• Usurped powers of Congress (appropriate
  declare War)
• Ignored Constitutional limits (later rebuffed by
  the Court)
• Historical Ebb flow of Presidential power
• 40 years following Lincoln (Congress took the
  lead)
• Exceptions TR WWgt revive growth of
  presidential powers
• TR progressive domestic aggressive FP actions
  (Caribbean)
• WW World War I State of Nation (personal
  address Congress)

9
Article II of the Constitution
Vague Definition of Presidents power authority
Impact?
Implied Powers
Governmental powers not enumerated in the
Constitution authority the government is assumed
to have in order to carry out its enumerated
powers
Impact on powers of the Presidency?
The powers of the presidency have expanded over
the last two hundred years.
10
Advent of the Modern Presidency

• Who is most identified with the start of the
  modern Presidency?
• Impact of FDR
• Preeminent source of national leadership (why?)
• Role of FDR during Great Depression WWII
• Effect on all of FDRs successors ever since?
• Key precedent The First 100 Days
• Institutional Leadership
• What are the various roles played by Presidents?

11
The Modern President
Institutionalized Leadership Key Presidential
Roles

• Chief of State
• Chief Legislator
• Chief Executive
• Nations Opinion Leader
• Chief Diplomat
• Commander-in-Chief

12
Selecting a President
The Three Stages of selecting a President?
Electoral College
13
Historical Overview The Nomination Process

• Exception to the rule George Washington
• De facto head of government during Revolutionary
  war
• Obvious choice to all as most trusted American
  leader
• Congressional Caucuses (1800-1824)
• Role of Congressgt select partys nomineegt King
  Caucus
• Party Conventions (1832-1968)
• Originally instituted to dump Jacksons VP-
  Calhoun
• Whigs established party convention (Clay) vs.
  King Andrew
• Role power of state party leaders (Figure
  12-1)
• Loyal party delegates appointed
• (Delegate selection tightly controlled by party
  leaders)
• Result Candidates must make deals promises
  (w/Party leaders)

14
Party Convention Nomination System
National Party Convention Selects nominee
Rank and File Party Members attend
Local Party Convention Selects delegates
State Party Convention Selects delegates
District Party Convention Selects delegates
15
Direct Primary

• Role of Progressive movement (1912-1924)
• Progressives objective (power of voters over
  power of Party)
• Following initial surge gt most States revert to
  Conventions
• Role of Primary system (1928-1968)
• Lesser known candidates use Primaries to get
  visibility
• Voter supportgt demonstrate candidates viability
  to party leaders
• Therefore worthy of serious consideration at
  Party Convention
• Impact of 1968 Democratic Convention (Figure
  12-2)
• Chaos reigns gt Young vs. old democrats splitgt
  lose election
• Result Democratic Party makes major rule changes
  gt impact
• Increased participation of minorities women
  (rep. rank file profiles)
• Delegates now allotted in proportion to actual
  rank file votes received

16
Percentages of Delegates Chosen by Primaries,
1912-2004
17
Impact of post-1968 Primaries on the nature of
Presidential nomination

• Importance of early nominating events rises
• Going early gt incentive for candidates
• Prompted states to hold primary races earlier
• Also known as?

18
Frontloading

• The decision states make to move their primaries
  and caucuses to earlier dates to increase their
  impact on nomination process

• Impact
• Increased importance of candidate raising early
  campaign
• Weakened influence of state party organizations
  in process
• Nominee Selection shift From Congressgt Partygt
  Rank File

19
The General Election

• Two major changes shifting focus of election?
• From Partys influence to role of Nominee
• Emergence of TV Radio FECA laws
• How has TV Radio affected election campaigns?

20
The Influence of Radio Television
Four major effects

• Allows candidates to address voters directly
• Increases visibility of each candidate to the
  voters
• Shifted control of campaign to the candidate
• Use of mass media has increased of elections

21
General Election Campaign Costs1900-1996
2004
2000
22
Important Changes in Campaign Finance
Earlier attempts to reign in campaign costs

• Federal Election Campaign Act of 1971 (FECA)
• 1974 Amendments to FECA
• Supreme Court Decision Buckley v. Valeo (1976)
• (Parts of FECA ruled unconstitutional)
• 1979 Amendments to FECA

23
Campaign Finance Laws (The details changes
over time)

• FECA of 1971
• First attempt at election reform gt
• Unintended consequences loopholes rise of PACs

FECA Regulations (1971)
Presidential candidates can contribute no more
than 50,000 to their own campaign Limits
spending on media ads Candidates must disclose
names of anyone who contributes more than 100 to
their campaign
24
Campaign Finance Laws- Details

• 1974 Amendments to FECA
• voluntary public financing of campaigns (on IRS
  returns)
• Mandatory individual/PAC limits 1000/5000
• Public campaign financing available if certain
  provisions met
• Overwhelmingly favors two main parties
• Limits on candidates own spending if Public
  accepted
• Buckley v. Valeo (1976) gt undermined above
  reforms
• Court ruling on independent expenditures
• 1st Amendment free speech protected
• (if no contact made with candidate)
• (Separate independent uncoordinated advocacy
  ads OK)
• No Government limitation on candidates own
  expenditure
• If no public used (Bush W. during 2000
  nomination campaign)

25
Buckley v. Valeo
The Court Ruled
Independent Expenditures (which are funds
raised and spent without contact with the
supported candidate)
BUT (government cannot limit?)
26
Campaign Finance Laws

• 1979 FECA Amendmentsgt
• Result soft money increases
• Unlimited contributions to party OK
• Considered legal as long as no coordination with
  candidate maintained
• Resultgt more contributed to party
• Role of political parties influence rises
  dramatically
• BCRA aka McCain-Feingold
• Latest Changes attempt to severely limit soft
  money
• Increased individual contributions to
  2000/candidate/election
• (Under constitutional challenge in the Courts by
  opponents)
• Result of all of above
• Candidate Centered Campaigns now dominate (vice
  Party)
• Candidates now in control of their own campaigns

27
Key Questions Who Elects the President?

• Popular vote vs. Electoral vote- who actually
  elects?
• How are number of electors per state decided?
• How many votes needed to win? (margin of victory)
• Which states have most electors? (Fig. 12-5)

28
The Electoral College

• The body of electors, whose composition is
  determined by the results of the general
  election, that actually chooses the president and
  vice president.
• To win in the electoral college, candidates must
  secure a majority of the electoral vote.

29
Electoral College The Unit Rule

• Role of unit rule gt impact on candidates
  campaigns?
• Impact of winner take all (of states electoral
  Votes)
• Attention therefore devoted to most populous
  winnable states
• Popular vote electoral vote can be very
  different
• Potential impact of 3rd party candidates on
  election
• Needed to win election? gt
• 270 out of 538 electoral Votes
• If no majority of electoral votes who decides
  election?
• Constitutions guidance role of House Senate?

30
Selection Process Its Consequences for
Governing

• Should presidents be elected by direct popular
  vote?
• Potential impact on system if approved?
• Impact and potential for unanticipated
  consequences
• Urban/coastal population concentrations vs. rural
  states (West Midwest)
• Impact on states with lower populations?
• Impact of changes in presidential selection
  process in the way Presidents now govern
• More personalized presidencies
• Weakened political parties
• More spit ticket voting

31
Presidency as an Institution
Sources of Presidential Powers
Presidential Precedent
The Constitution
Statutory Laws
32
Powers of the Presidency
The Constitution (Article II)
Veto Power
Treaty Power
Appointment Power
33
Statutory Laws
Reprogramming Power
Recommend Measures as required
Specific example?
34
Budget Accounting Act of 1921
Presidential statutory power granted by Congress
Central Legislative Clearance
The power the Budget and Accounting Act of 1921
granted to the president to create a package of
legislative proposals and budgets for
congressional consideration.
35
Custom Precedent
Presidential Precedent
So strong is the influence of custom that it
seems almost to amend the Constitution.
William Howard Taft

• Two Key Factors
• Presidents actions if left unchallenged
  (Dismissal power)
• Vague wording gt dynamic flexible reading of
  powers

36
Models of Presidential Power
Three different approaches to Presidential Power
Restricted
Prerogative
Model
Presidents only allowed to exercise powers
granted by Constitution or Statutory laws
When nation is at stake, President may take any
action necessary, regardless of legality
Steward
Model
President, representing the entire nation, must
act as a steward
Model
William Howard Taft
Abraham Lincoln
Model followed today?
Theodore Roosevelt
37
Organizational Structure of the Presidency

• Presidency has grown in size and complexity
• (especially since 1932)
• Historical Development
• Washingtons nephew ( personal secretary)
• Jacksons Kitchen Cabinet
• FDRs Executive Office of the President (EOP)
• New Deal programs WWII
• Agencies needed to perform key functions for
  president
• Examine overview of Executive Branch EOP

38
Executive Branch

EOP
39
Executive Office of the President (EOP)
What are the four most important offices of the
EOP?
40
Key Offices of EOP
White House Office
Office of Management Budget (OMB)

The National Security Council (NSC)
Office Of the Vice President
41
White House OfficeAKA The West Wing
42
The West Wing
Old Executive Office Building (Staffs)
43
Workings of the PresidencyInternal vs. External
Factors

• Internal Factors
• Functions of EOP Agencies
• Advise support president on public policy
• Liaison w/Congress key Interest Groups
• White House Office
• Office of Public Liaison
• Office of Strategic Planning Communication
• Key aidesgt advance prospects for re-election

44
Internal Factors Presidential Management Styles
Advantages disadvantages? Party associations
with which Model why?

• Role of the Staff Neutral competence vs. loyal
  advocates
• Pros vs. cons?

45
External Influences

• Expectations of others
• Institutionalized expectations of
• Congress, news media, Public
• Expect President to set Nations political agenda
  (FDR)
• State of the Union address presented before
  Congress
• Impact Constraints political accountability
• Reduce opportunities for abuse of power

46
Assessing the Presidency as an Institution
(Summary)

• More power acquired over time (implied powers)
• Modern organizationgt larger more complex
• Workings of officegt powerful personalized
• But also Constraints on the presidents power
• Constitution, Statutory law, Courts, informal
  rules
• Expectations Public, Congress, media, IG,
  Bureaus

47
Presidency in American PoliticsThe Political
Context Permanent Crisis

• Conflicting Expectations of Presidential
  Leadership
• Expectation Initiative Responsiveness
• Bold timely leadership initiative to solve
  problems
• Problem Public Congress may or may not follow
  lead
• (Example President Bushs proposed Social
  Security Reform)
• Time Constraintsgt permanent crisis
• Insistent demands limited time to respond
• Ever shrinking Honeymoon period
• Strike while the iron is hot presidents agenda
  
• First One Hundred Days (FDRs legacy)
• Midterm Electionsgt diminishing cooperation
• Lame duck ending defending past achievements

48
Permanent Crisis

• Institutional Constraints?
• Constitutional rulesgt shared powers
• Executive vs. Congress vs. The Judiciary
• Must gain cooperation persuade othersgt
• Congress, Bureaucrats, interest groups
• National orientation perspective
• Presidents national perspective vs.
• Congresss focus on State or district interests
• Broader vs. narrow scope different priorities

49
Presidential Strategies

• Bargaining Strategy (horse trading vs. veto
  threat)
• Nothing succeeds like success (it pays to be a
  winner)
• Advantage of being popular with the people
• Impact on Congressional cooperation
• Going Public Strategy (Figure 12-7)
• Mobilize public support
• Direct appeals to public gt over the heads of the
  media
• Usually Presidents use combination of both
  (above)

50
Presidential Public Activities 1929-1996
51
Presidential Relationships

• Presidents and Congress
• Presidents power to set Congressional agenda
  Butgt
• Congress likely to vote w/own party not w/other
  side
• President of majority party controls legislative
  process
• Major constraint divided governmentgt
• Congress less likely to pass presidents agenda
• President must spend time opposing oppositions
  majority Partys agenda

52
Presidents and the Public

• Must develop good relations w/public keep it
• Modern mass communicationsgt direct appeals
• Regular access available to public (radio TV)
• Positive image support essential
• Public opinion polls (Clinton)
• Speech writers media consultants
• Reality of declining popularity over time (Fig
  12-8)
• Beginnings exaggerated public support- thengt
• Decline soon follows gt
• Expectations gapgt unrealistic expectations
• Unfulfilled campaign promises
• Very short honeymoon results soon after
• Axiom Greater the popularitygt Perception of
  power
• Result greater influence on Congressgt pass
  Presidents agenda

53
Presidents and the Federal Bureaucracy

• Cannot command obedience of Federal agenciesgt
• Must bargain persuade to comply w/agenda
• Presidential resources to pressure bureaucracy
  behavior
• Appointment power- heads of agencies
• Budget making power- cut or increase
• Authority to reorganize structure duties
• Executive order
• Presidents have power to compel compliance
  w/wishes
• If willing to spend the time to follow up
• Time presidents simply dont have
• Must move on to more pressing issues
• Agencies departments know this fact
• Feather pillow analogy of FDR with The Naaavy
  (WWI)