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Unformatted text preview: The Executive Branch: The Presidency Refer to Chapter 9 in Magleby Overview of the Presidency Intentions of the Framers regarding the Executive Branch and the Presidency Structures and Powers Evolution and Trends of the Office Managing the Presidency Traits of the Office/Presidential Styles Relationships with the other 2 branches The Framers Had to Decide:
1. 2. 3. How to choose the President Composition of the Executive Structure (Singular or plural?) What Functions? The Framers' Intent Separation of Powers Defined the Presidency as a single executive (James Wilson, James Madison) Energy in the Executive is essential to effectiveness of the office (Federalist #70, Hamilton) Backup plan: Vice President Energy of the Executive Hamilton, Federalist #70
"Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks: It is not less essential to the stead administration of the laws, to the protection of property against those irregular and highhanded combinations, which sometimes interrupt the ordinary course of justice, to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy." Energy in the Executive today? 911 Expansion of Presidential Power in times of military or economic crisis Could the Executive Branch function effectively without the "energy" that Hamilton describes? Constitutional powers of the President derive mainly from Article 2. The President's relationship/check on the legislative branch (the presentment clause and veto) is specified in Article 1, Section 7. Although not specified in the Constitution, there are executive powers that flow from the constitutional powers of the president Constitutional Powers and Structures Functional Roles of the President Derived from Constitutional Powers
1. 2. 3. 4. 5. Chief Executive Commander in Chief Diplomat in Chief Administrator in Chief Chief Legislator Appointments Veto Pardons The "Take Care Clause" Power to Inform Congress Qualification for office (35 yrs. old, natural born citizen, resident of US for past 14 years) Presidential Succession Other Constitutional Powers/Provisions of the Presidency 22nd (term limits), 25th (pres. Incapacitation, VP) Impeachments Line of Succession The Constitution provides for the VP to assume presidential duties if the presidential office is vacated prematurely Beyond this, Congress decides the line of succession to the presidency President, VP, Speaker of the House, President Pro Temp of Senate, Sec of State, Sec. of Treasury, Sec. of Defense...and so on Article II, Section 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors. Impeachment wrongdoing (murder, robbery); rather crimes related to offenses against the state and public welfare Misdemeanors: not current day definition of minor criminal offense (e.g., shoplifting); rather misconduct, misbehavior in office, defiling the office High Crimes: not "low crimes" of personal Impeachment 1) impeachment by House of Representatives--simple majority vote-- 17 impeachments since 1789 ( 2 presidents, 1 cabinet officer, 1 senator, 13 judges) 2) trial by Senate--2/3 majority, presided over by Chief Justice of US Supreme Court; 7 convictions (all judges); 8 acquittals, 2 cases dropped 25th Amendment If President leaves office, VP becomes President President can nominate new VP; H & S majority confirmation Presidential incapacitation: declaration by President or majority of cabinet declares to Congress--VP becomes Acting Pres. Old Pres returns upon written declaration to Cong--can be challenged by majority of cabinet --conflict resolved by Cong--2/3 vote H & S for VP to continue as Acting President Part of 25th has been invoked twice during Reagan presidency Presidential Selection Constitution: Electoral College chooses president (and VP) by majority vote Each state has EC votes = total number of seats in House + Senate State legislatures determine how Electors chosen Practice: Gigantic changes over time Presidential Selection Systems system time features
Original 1788-1828 Party nominations chosen in congressional caucuses. Electoral College members act independently in their presidential voting. Party nominations chosen in national conventions by delegates selected by state & local party organizations. Electoral College members vote for popular-vote winner in their states. As in PC, but some convention delegates chosen through presidential primary elections in a few states. Most delegates chosen by st&loc party organizations As in PC, but nearly all convention delegates chosen through primary elections or open caucuses. Party convention 1832-1900 Mixed 1904-1968 Current 1972-to date 2 steps: 1) nomination: by winning majority of delegates to national party convention primaries & caucuses in the separate states, JanuaryJune; delegates low voter turnout; often party loyalists, ideological activists role of Federal Election Campaign Act (FECA) role of early start, organization, strategy, media **The BIG MO (momentum) and its role in the presidential race Presidential Election Presidential Election 2) general election: by winning states, Electoral College much bigger turnout; must attract moderates, independents state by state strategy, because of winner take all of EC concentrate on big EC states, tossup states; less on sure states 2008!! January--June 2008 Summer 2008 States hold primaries and caucuses; delegates to nat'l party conventions chosen from results of primaries; each party operates separately. Campaigns have already started year(s) in advance National party conventions in the summer. Delegates choose presidential and VP nominees and write platform General Election campaign is all you hear about! General election on November 4, but many states have early voting. Electoral College convenes and selects President and Vice President based on their state's selection mechamisms FALL 2008 December 2008 How Presidents have used their Power: Evolution of the Presidency The Precedents of President George Washington President Andrew Jackson's popular appeal The First Modern Presidency (FDR) Today's Presidency (President Clinton and President GW Bush) Washington: symbolic head of state, republican virtue, cabinet Jefferson: party leader, especially relative to Congress; use of inherent powers or perquisites Jackson: leader of the people, use of party to connect with public Lincoln: extraordinary powers to preserve the Union Theodore Roosevelt: stewardship theory Wilson: US president as international leader FDR: US president's involvement in economic affairs, domestic affairs, constant daily presence Nixon: limits of the modern presidency Historical trend: rise of the Presidency, relative decline of Congress The office: product of past presidencies, changing times, nature of gov't offices Controversies Regarding Presidential Power War Power Executive Privilege Executive Orders--"stroke of the pen, law of the land" Budget and Spending War Powers Resolution--Why has Congress not invoked it? President submits budget to Congress! Traits of the Office: The Job of the President Crisis Manager Morale Builder Agenda Setter (Bully Pulpit) Rally'roundtheflag Persuader Personality National Security Economic Policy Domestic Policy Rally'roundtheflag Public Approval Presidential Greatness: Perceptions of Scholars vs. Public Political Scientists/Historians (2000) Public Poll (Gallup, Feb. 2001) 1. Abraham Lincoln 1. Ronald Reagan 2. Franklin D. Roosevelt 2. John F. Kennedy 3. George Washington 3. Abraham Lincoln 4. Theodore Roosevelt 4. Bill Clinton 5. Harry S Truman 5. Franklin D. Roosevelt 6. Woodrow Wilson 6. Harry S Truman 7. Thomas Jefferson 7. George Washington 8. John F. Kennedy 8. Jimmy Carter 9. Dwight Eisenhower 9. George H.W. Bush 10.Lyndon B. Johnson 10. Theodore Roosevelt 11. Ronald Reagan 20. George H.W. Bush 21. Bill Clinton 22. Jimmy Carter 23. Gerald Ford 24. William H. Taft 25. Richard Nixon 40. Andrew Johnson 41. James Buchanan Relationship with other Branches Legislative Branch: Congress Judicial Branch: The Courts Disagreements (constituencies, diff. terms, campaign pressures) Power to influence Resources in Congress (Political and Personal) Cycles of Presidential Effectiveness Article 1, Section 7 (presentment clause and veto powers) Judicial Review Appointments to courts leave a lasting legacy Recent Controversies: wiretapping, PATRIOT Act Do the courts expand or limit presidential power? Post-WWII, Presidential-Congressional Control Election Yr Presid 1944 Dem 1946 Dem 1948 Dem 1952 Rep 1954 Rep 1960 Dem 1968 Rep 1976 Dem 1980 Rep 1986 Rep 1992 Dem 1994 Dem 2000 Rep 2002 Rep 2006 Rep Total unified: 26 years, Total Divided: 38 yrs. House Dem Rep Dem Rep Dem Dem Dem Dem Dem Dem Dem Rep Rep Rep Dem Senate Dem Rep Dem Rep Dem Dem Dem Dem Rep Dem Dem Rep Rep/Dem Rep Dem uni/div uni--2 yrs div--2 yrs uni--4 yrs uni-2 yrs div-6 yrs uni-8 yrs div-8 yrs uni-4 yrs div--6 yrs div-6 yrs uni-2yrs div-6 yrs div--2 yrs uni-4 yrs div-2 yrs Managing the Presidency Executive Office of the Presidency White House Office and Staff Presidential Cabinet The role of the Vice President Executive Office of the President Created in 1939 to assist President with Created in 1939 to assist President with running federal departments and agencies (implementing the laws) Important offices: Office of Management and Budget (central staff agency, goto office between cabinet agencies and Pres. Regarding budget and appropriations) Council of Economic Advisors White House Office The list goes on....See Figure 91 on page 295 The White House: Oval Office The Role and Influence of Advisors and Staff members (Proximity to power) Different Presidential office management styles (collegial vs. hierarchical) influence how decisions are made Political staff members vs. Policy staff members The President's Cabinet Includes: The cabinet serves at the pleasure of the President Not a constitutional requirement to have a cabinet Heads of the 15 executive departments that carry out the line functions of the presidency Pres., VP, closest advisor(s), and administrative heads ...
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This note was uploaded on 04/10/2008 for the course POLS 1150 taught by Professor Nichols during the Spring '08 term at GCSU.
- Spring '08