Transcript The Executive Branch - AP American Government

The Executive Branch: The
Presidency
The Presidency
Demographics, Roles, Formal and
Informal Powers of the President
The Presidents
• Great Expectations
– Americans want a president who is powerful
and who can do good like Washington,
Jefferson, Lincoln, Roosevelt, and Kennedy.
– Yet Americans do not like a concentration of
power because they are individualistic and
skeptical of authority.
“It is a great advantage to a president, and a
major source of safety to the country, for
him to know that he is not a great man.
When a man begins to feel that he is the
only one who can lead in this Republic, he is
guilty of treason to the spirit of our
institutions.”
-Calvin Coolidge-
Formal Qualifications for the Presidency
U.S. Constitution:
Article II Section 1
No person except a natural born
citizen…shall be eligible to the Office of
President; neither shall nay person be
eligible to that office who shall not have
attained the Age of thirty five Years, and
been fourteen Years a Resident within the
United States.
What are the three formal qualifications to be
President of the United States?
Informal Qualifications For
President
JFK and his son John
in the Oval Office
• Military service
• Government experience
• Television presence – name
recognition, photogenic and
articulate
• College education
• Married with kids
• Money (inherited, by
marriage, personal fortune)
• Religious faith
• Character
• A “story” – war hero, peanut
farmer, actor, etc.
• So far, male
• Perceived as being in the
political mainstream
Demographic Characteristics
of U. S. Presidents
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•
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Male - 100%
Caucasian - 98%
Protestant - 97%
British ancestry - 82%
College education - 77%
Politicians - 69%
Lawyers - 62%
Top 3% wealth & social class - At least 50%
Elected from large states - 69%
Salary and Benefits
• $400,000 salary (tax free).
• $50,000/year expense account. Spend as President
chooses.
• $100,000/year travel expenses. Campaign,
speeches…What do you think he would spend his
money on?
• A nice house (White House)…i.e. Room and Board
paid for. 132 rooms, 18.3 acres, fleet of automobiles.
• Secret Service protection (up to 10 years after leaving
office)
• Country home (Camp David)
• Personal airplane (Air Force One).
• Staff of 400-500 full-time employees
Presidential Quotations
President Harry S. Truman
"I sit here all day trying
to persuade people to do
the things they ought to
have the sense to do
without my persuading
them. That's all the
powers of the President
amount to."
Truman, 33rd President, 1945-53
President John F. Kennedy
“No easy problem
ever comes to the
President of the
United States. If
they are easy to
solve, somebody
else has solved
them.”
President Kennedy’s nationally televised
address during the Cuban Missile Crisis,
October, 1962
President Lyndon B. Johnson
“The presidency has
made every man who
occupied it, no
matter how small,
bigger than he was;
and no matter how
big, not big enough
for its demands.”
President Johnson,
36th President, 1963-69
President Richard M. Nixon
"Under the doctrine of
the separation of
powers, the manner in
which the president
personally exercises his
assigned executive
powers is not subject to
questioning by another
branch of
government."
In the aftermath of the Watergate scandal,
President Nixon departs the White House
after his resignation, Aug., 1974
President George W. Bush
“To those of you who
received honors, awards,
and distinctions, I say 'Well
done.' And to the C
students, I say 'You, too, can
be president of the United
States.'”
President George W. Bush,
speaking at Yale
University's 300th
commencement ceremony
President Bush, 43rd President,
2001-2009
The Presidents
• How They Got There
– Elections: The Normal Road to the White House
• Since 1960, the Presidential Election process has been
affected by an increase in all of the following:
–
–
–
–
proportion of independents in the electorate
influence of political consultants
number of primaries
role television.
• Once elected, the president serves a term of four years.
• In 1951, the 22nd Amendment limited the number of terms
to two.
• Most presidents have been elected to office. Who was the
only unelected president?
The Presidents
•
How They Got There (Succession)
– Problems of Succession:
1. Who runs govt?
2. Role of VP?
• 8 VP’s have become President.
• Example: John Tyler.
– The vice president succeeds if the president leaves
office due to death, resignation, or removal.
– Under the 25th Amendment, the vice president
becomes acting president if the vice president and
president’s cabinet determine that the president is
disabled.
– What does the president consider when selecting a
vice-presidential running mate?
Quotes on the Vice Presidency
“the most insignificant office that ever the invention
of man contrived or his imagination conceived” –
John Adams“I am Vice President. In this I am nothing, but I
may be everything.” – John Adams
“I do not choose to be buried until I am really
dead.” –Daniel Webster (in rejecting the VP
nomination in 1848)“the job is not worth a pitcher of warm spit” –John
Nance Garner-
Roles of the President
1. Chief of State- chief symbol of the United States
2. Chief Executive- Administrator of the federal
government. “Most powerful office in the world.”
• Broad in foreign and domestic powers.
• Responsible for carrying out and enforcing all
Federal Laws
3. Chief Administrator- i.e. director of the Federal
Government
4. Chief Diplomat- Architect of foreign policy
5. Commander in Chief- Civilian commander of the
U.S. Armed Forces.
Roles of the President
6. Chief Legislator- National agenda setter; proposes bills
for consideration in Congress.
7. Chief of Party- Head of party who assists in members’
elections or appointments in office.
8. Chief Citizen- Expected to be the “representative of all
the people.” work for and represent all the people.
9. Crisis Manager- Leads country through disasters, both
natural and man-made.
10. Moral Persuader- The White House as a bully pulpit.
(from Teddy Roosevelt, which means a platform from
which to persuasively advocate an agenda. He used
the word “bully” as an adjective to mean “superior.” )
The Presidents
• Impeachment
– Impeachment is an accusation, requiring a
majority vote in the House.
– Charges may be brought for “Treason, Bribery,
or other high Crimes and Misdemeanors.”
– If impeached, the president is tried by the
Senate (2/3 vote convicts) with the Chief
Justice presiding.
– Only two presidents have been impeached—
Andrew Johnson and Bill Clinton—and neither
was convicted.
Formal Powers of the President
Presidential Powers
• The Expansion of Power
– Presidents may develop new roles for and expand
power of the office.
– Concern of Founders- use of militia; reelection
– Early Presidents
– Jacksonians- broad changes in powers
– Reemergence of Congress- weak presidents with
few exceptions
• Perspectives on Presidential Power
– During the 1950’s and 1960’s people favored a
powerful president.
– By the 1970’s, presidential power was checked
and distrusted by the public.
Why Presidential Power Has Grown
•
1.
2.
3.
4.
5.
Champions of stronger executive have almost always won out
partly because they have the unity of the presidency, which
represents the entire executive branch. (2 houses of Congress
with 535 members)
Complex social and economic life has caused people to demand
federal government play a greater role (labor, civil rights, health,
welfare, communication, education, and environment)
National Emergencies like war, disasters, economic crisis…
Congress. (Lack of time or technical knowledge to provide more
than a basic outline for government action. President carries out
details.)
Presidents use of the media to build support for policies.
Presidential Personalities – Loose v. Strict Constructionism
Presidential Powers
From Table 13.3
Running the Government:
The Chief Executive
• Article II-Executive Article
• “The executive Power shall be vested in a
President of the United States of America”
Running the Government:
The Chief Executive
• As Chief Executive, the president presides
over the administration of government.
– Today, federal bureaucracy spends $2.5
trillion a year and numbers more than 4
million employees.
– Presidents appoint 500 high-level
positions and 2,500 lesser jobs.
President’s Formal Powers Over
Domestic Affairs
• Legislative powers (veto, pocket veto, signing
legislation)
– Line item veto?
• State of the Union address
• Appointment powers (to a domestic offices).
Examples?
• Calling Congress into session
• Commander-in-chief role
Chief Legislator
• In trying to influence legislation, the President is
usually more successful than congressional leaders in
using the media to set the policy agenda.
Why? (review)?
• A president may persuade reluctant members of Congress to
vote for a particular bill by making a direct appeal to the public
through the mass media or threatening to veto legislation.*
– What is this called? “Going Public”
• He also can assign legislative liaisons in the Executive Office of
the President to:
1. lobby legislators
2. exploiting a partisan majority for the President’s party in both the House
and Senate
3. reminding legislators of high popularity ratings for the President in public
opinion polls.
Presidential Leadership of Congress: The Politics of
Shared Powers
• Legislative Skills
– Bargaining: concessions for votes, occurs infrequently
– Being strategic, presidents increase chances for success
by exploiting “honeymoon” at beginning of term
– Presidents may set priorities to influence Congress’
agenda; president is nation’s key agenda builder
– A president’s popularity is closely associated with his
legislative record.
– Skills must compete with other factors that may affect
Congress; they are not at the core of presidential
leadership of Congress ( Bad example…Jimmy Carter,
Good example…George W. Bush)
Figure 14.3: Presidential Victories
on Votes in Congress, 1953-2002
“Divided Government”
•
We live in an era of “divided government”, which
means that one party controls the Congress while
another controls the White House.
–
1.
Americans think that divided government produces
partisan bickering, political paralysis, and “policy
gridlock”.
Frustration with the government process
–
The 1960’s and 70’s
2. Heightened partisan atmosphere.
3. Confirmation process has been slowed, stopped,
or circumvented.
4. “Bowling Alone”
Foreign Policy and War
Powers of Congress in War
Making:
– Passing laws
– Appropriations (any
mention of “funding”)
– Confirmation of nominees
– Impeachment
– Treaty ratification
– Congressional oversight
(hearings or investigations).
Powers of the President in
War Making:
• Commander-in-chief,
power to commit troops
• Appointment of
ambassadors and foreign
policy officials
• Negotiate/make treaties
• Recognition of nations
• Receive ambassadors and
other public ministers.
Foreign Policy and War
• Informal Powers of the President in Conducting
Foreign Policy:
–
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–
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Executive Agreements
Access to media/bully pulpit/morale building
Agenda setting
Meet with world leaders
Crisis manager
International coalition building
President has access to more information, knowledge, or
expertise than does Congress
– Recognized as global leader
Who has the advantage (President or Congress)?
Why?
Foreign Policy and War
• The President has advantages over Congress
in the area of foreign policy because:
– Persuade Congress: negotiate, offer support,
threats, etc.
– Persuade public: (various means of persuasion)
on foreign policy process/issues (e.g, apply
pressure to Congress)
– Ability to circumvent the formal process
Congress: Regaining Control
War Powers Act of 1973
•
It was designed to assure congressional involvement in
decisions committing military forces in hostile situations
overseas.
•
Provisions
1.
2.
3.
4.
The President must notify Congress within 48 hours of sending
troops into combat.
President must consult with Congress whenever feasible
Conflicts are limited to 60 days unless Congress takes action
Congress can extend time from the initial 60 days or can
withdraw troops after 60 days with adequate notification to the
President.
Congress: Regaining Control
•
Another way that Congress moved to regain powers
previously lost to the executive branch is the Budget
Reform Act of 1974 (often called the Budget and
Impoundment Control Act.)
–
•
Presidents historically have refused to spend money appropriated
by Congress and the Constitution is silent on whether the
President must spend the money Congress appropriates.
Requirements:
1.
2.
3.
President must spend all appropriated funds unless he tells
Congress what funds he wishes to spend and Congress agrees to
delete the items (within 45 days)
The President may delay spending by informing Congress but
they can refuse by passing a resolution to release the money.
Courts have upheld this ruling.
Possible FRQ’s for the President and
Congress
Presidents are generally thought to have advantages over
Congress in conducting foreign policy because of the
formal and informal powers of the presidency.
a) Identify two formal constitutional powers of the President
in making foreign policy.
b) Indentify two formal constitutional powers of Congress in
making foreign policy.
c) Identify two informal powers of the President that
contribute to the President’s advantage over Congress in
conducting foreign policy.
d) Explain how each of the informal powers identified in (c)
contributes to the President’s advantage over Congress in
conducting foreign policy.
Possible FRQ’s for the President and
Congress
The concept of “divided government in the United States
means that one political party can control the executive
branch while another controls the legislative branch. This
poses problems for the President in making appointments
to federal offices.
a) Describe two problems that divided government poses for
the President in making federal appointments.
b) Identify and explain two ways Presidents try to overcome
the problems described in (a).
c) Describe 2 ways Congress has exerted its influence over
an increasingly powerful executive
Informal Presidential Powers
•
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•
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Executive Orders
Executive Agreements
Signing Statements
“Going Public” - Bully Pulpit
Negotiator/Persuader
Agenda Setting
Access to more experts
Meeting with other world leaders
International Coalition Building
Crisis Manager
Executive Orders:
Orders issued by the
President that carry the
force of law
Examples:
1.FDR’s internment of
Japanese-Americans during
World War II
2.Truman’s integration of the
military during the Korean
War
3.Clinton’s “Don’t Ask Don’t
Tell” policy of gays in the
military
4.GWB trying suspected
terrorists in military tribunals
Executive Agreements:
International
agreements made by a
president that has the
force of treaty
does not require
Senate approval
Usually trade
agreements between
US & other nations
Examples:
1.Jefferson’s purchase of
Louisiana from France in
1803
2.George H. W. Bush and
U.S.-Japanese trade
agreements re: the auto
industry
3.GWB ‘s announced cuts
in the US nuclear arsenal
without a treaty
Executive Privilege:
1.claim by presidents that
they have the discretion to
decide that the national
interest will be better
served if certain
information is withheld
from the public, including
courts and Congress
Examples:
1.Nixon’s refusal to turn over
the Watergate tapes. The
Supreme Court in U.S. v.
Nixon, though it did not strike
down the practice of executive
privilege in general, ruled that
Nixon must turn over the
tapes
2.Clinton’s refusal to turn over
evidence re: an alleged affair
with Monica Lewinsky. The
Supreme Court ruled against
Clinton
Presidential Signing
Statements – When a
President signs a bill into
law they write a statement
declaring their
interpretation of the law
and how they will execute
it
Ex) President Obama
signed the NDAA into
Law, in his signing
statement he wrote that
he would not detain any
American citizens without
due process and trial, even
though the law states that
he can if they are
suspected of aiding and
abetting terrorists
Formal Checks on
Presidential Power
Congressional Checks on the
President
(Article I)
Make laws (ex: War Powers
Resolution)
Override presidential vetoes
Power to declare war
Power of the purse (taxes and funding)
Regulation of the land and naval
forces
Congressional Checks (cont.)
• Impeachment Power (House)
• Impeachment Trial (Senate)
– “The Ultimate Restraint”
President Clinton’s impeachment trial, January, 1999
Limits on Presidential Power
(Article II)
President elected indirectly by the
people through the Electoral College
Selection of president (House) in case of
no majority of electoral vote
President must deliver State of the
Union address
Senate approves treaties and
ambassadors
Limits on Presidential Power
(Article II)
• Senate approves department appointments
• “Advice and consent” of federal judge
appointments (Senate)
Secretary of State Condoleezza Rice testifies at her
Senate Foreign Relations Committee confirmation
hearing, January, 2005.
Nominee for Chief Justice, John Roberts is sworn in
at his Senate Judiciary committee confirmation
hearing, September, 2005.
Judicial Checks on the President
• Judicial review
(Marbury v.
Madison)
• Chief Justice
presides over
presidential
impeachment trial
(Article I)
Judicial Checks on the President
• U.S. v. Nixon (1974)- Though the President
is entitled to receive confidential advice, he
can be required to reveal material related to
a criminal prosecution
• Nixon v. Fitzgerald (1982) The President
may not be sued while in office.
• Clinton v. Jones (1997) The President may
be sued for actions taken before he become
president.
Constitutional Amendments
12th – Choosing president & vicepresident on separate ballots
20th – Presidential succession (Followed by the
Presidential Succession Act of 1947)
22nd – Presidential term limits (2 terms; 10
years total)
23rd – Washington DC gets 3 Electoral Votes
25th – Presidential disability and succession
Presidential Succession Act of 1947
If the President of the United States is incapacitated, dies, resigns, is for any reason
unable to hold his office, or is removed from office (impeached and convicted),
people in the following offices, in this order, will assume the office of the President,
provided they are qualified as stated by the Constitution to assume the office of the
President
1. Vice President
2. Speaker of the House
3. President Pro Tempore of the Senate
4. Secretary of State
5. Secretary of the Treasury
6. Secretary of Defense
7. Attorney General
8. Secretary of the Interior
9. Secretary of Agriculture
10. Secretary of Commerce
11. Secretary of Labor
12. Secretary of Health and Human Services
13. Secretary of Housing and Urban Devlpmt.
14. Secretary of Transportation
15. Secretary of Energy
16. Secretary of Education
17. Secretary of Veteran Affairs
18. Secretary of Homeland Security
Limits on Presidential
Power: Informal Checks
Public Opinion
In a televised address in March, 1968, President
Johnson announced he would not seek the
Democratic nomination for president due to
sagging public support for his administration and
the war in Vietnam.
Though he enjoyed record public support during the
Persian Gulf War, President George H. W. Bush saw
his numbers dip dramatically in the polls and he lost
his re-election bid to democrat Bill Clinton in 1992.
The Media
Partisan Politics
Howard Dean, Chairman of the Democratic
National Committee and vigorous critic of the
Bush administration, May, 2005
Speaker of the House Newt Gingrich (R) battles
President Bill Clinton (D) over the national
budget resulting in the shutdown of the federal
government in 1995
Congressional Investigations
Senate Banking
Committee begins its
investigative hearings
on the Whitewater
scandal during the
Clinton
administration
(1994)
Oliver North testifies before Congress at the
Iran-Contra hearings during the Reagan
administration (1987)
Former FEMA
director Michael
Brown testifies
before the House
Select Committee
on Hurricane
Katrina, Sept., 2002
Interest Groups
The National Right to Life Committee and other
pro-life interest groups spoke out against President
Clinton’s veto of the ban on partial birth abortion,
1996
The National Organization of Women, Cindy
Sheehan, and others protest the war in Iraq, April,
2006
Title: "Bill
Clinton's
Christmas present
from the U.S.
House."
Artist: John Pritchett
Date: unknown
Source:
http://www.pritchettcartoons.com/
gift.htm
Title: “The Madness of King George"
Artist: Drew Sheneman, The Newark Star Ledger Date: December, 2005
Source: http://www.cagle.com/news/DomesticSpying/1.asp
Review: What are some formal and
informal powers of the President?
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Formal Powers
Commander-in-chief, power to
commit troops
Appointment of ambassadors and
foreign policy officials
Negotiate/make treaties
Recognition of nations
Receive ambassadors and other
public ministers.
•
•
•
•
•
•
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Informal Powers
Executive Agreements
Executive Orders
Signing Statements
Access to media/bully
pulpit/morale building
Agenda setting
Meet with world leaders
Crisis manager
International coalition building
President has access to more
information, knowledge, or expertise
than does Congress
Recognized as global leader
Possible FRQ
The American Presidency is an office possessing great powers
while being sharply limited by the Constitution.
a) Discuss two formal powers of the President and their
significance
b) Discuss two informal powers of the President and their
significance.
c) List one formal check on the President’s power from
Articles I, II, and III of the Constitution and describe
how they limit the President’s power.
d) Discuss two informal checks on the President's power
and how they limit the President’s power.