PS 101 The Presidency Fall 2008

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PS 101 The Presidency Fall 2008

  1. 1. The Presidency Dr. Christopher S. Rice
  2. 2. Setting precedents Early US presidents & their actions…
  3. 3. What explains the expansion of presidential power?
  4. 4. 4 Factors
  5. 5. Vague Energy Constitutional Provisions Expansion of Presidential Power Changing Congressional Public Delegation of Expectations Power, Authority
  6. 6. Roles and Powers of the President
  7. 7. Chief of State
  8. 8. The Power to Persuade
  9. 9. The “Bully Pulpit”
  10. 10. State of the Union Address
  11. 11. Success! FAIL The Importance of Approval Ratings
  12. 12. Commander-in-Chief
  13. 13. Conveys significant authority over foreign affairs
  14. 14. 1861 - U.S. Civil War - 1865 Action on Military Matters Congress President
  15. 15. United States vs. Curtiss-Wright (1936)
  16. 16. Youngstown Sheet & Tube Co. v Sawyer (1951)
  17. 17. War Powers Resolution (1973)
  18. 18. Manager of the Economy
  19. 19. Employment Act of 1946
  20. 20. The Budgetary Process (c) 2008 L.A. Times
  21. 21. Office of Management and Budget (OMB)
  22. 22. Congressional Budget Office (CBO)
  23. 23. Chief Diplomat
  24. 24. Treaty Power Power to negotiate treaties, official agreements with other countries
  25. 25. The Need for Senate Ratification
  26. 26. Executive Agreement Legal contracts with foreign countries that require only a presidential signature
  27. 27. Chief Executive
  28. 28. Appointment Power
  29. 29. Constitution allows presidents to “appoint Ambassadors, other public ministers and Consuls, Judges of the supreme Court… and all other Officers of the United States.”
  30. 30. Advice & Consent
  31. 31. Inherent Executive Power
  32. 32. Executive Orders directives to government employees which carry the weight of law unless they contradict acts passed by Congress
  33. 33. Executive Privilege right of the president to deny Congress the information it requests
  34. 34. Chief Legislator
  35. 35. Power to Recommend Constitution encourages presidents to recommend for Congressional “consideration such Measures as he shall judge necessary and expedient.”
  36. 36. I’m in ur Congress Ignorin’ ur President
  37. 37. The “Honeymoon Period” (and the importance of approval ratings)
  38. 38. Veto Power Most important FORMAL presidential power
  39. 39. FAIL
  40. 40. Vetoes are a NEGATIVE option, not a POSITIVE method
  41. 41. Reagan and the Pocket Veto
  42. 42. Signing Statements
  43. 43. “I find these signing statements are to Bush and Cheney's presidency what steroids were to Arnold Schwarzenegger’s bodybuilding. Like Schwarzenegger with his steroids, Bush does not deny using his signing statements; does not like talking about using them; and believes that they add muscle. But like steroids, signing statements ultimately lead to serious trouble.” John Dean, former Nixon White House Counsel
  44. 44. Signing Statements Statements appended to bills signed into law by the president which function as directives to executive branch departments and agencies as to how they are to implement the relevant law.
  45. 45. Source: CBS News
  46. 46. Hamdan v. Rumsfeld (2006)
  47. 47. In recent years, signing statements have been used to effectively nullify legislation as it relates to the Executive Branch, rather than veto it.
  48. 48. Source: New York Times
  49. 49. Signing Statements MONROE to CARTER
  50. 50. Signing Statements REAGAN to CLINTON
  51. 51. President Bush’s Signing Statements Number of Signing YEAR Statements 2001 24 2002 34 2003 27 2004 24 2005 14 2006 23 2007 8 TOTAL 154
  52. 52. How are President Bush’s signing statements different?
  53. 53. Generally, President Bush's signing statements tend to be brief and very broad, & seldom cite the authority on which the president is relying for his reading of the law.
  54. 54. Signing Statements EXAMPLES
  55. 55. Signing Statements PROBLEMS
  56. 56. Signing Statements • Problems – Violates legal reasoning behind judicial rejection of Line-Item Veto – Violation of the Presentment Clause – Conflict with the Justice Department?
  57. 57. The Vice-Presidency
  58. 58. What does the Vice-President DO, anyway?
  59. 59. “…the most insignificant office that ever the invention of man contrived or his imagination conceived.” John Adams, the first Vice- President
  60. 60. “…not worth a pitcher of warm piss.” John Nance Garner, the 32nd Vice- President
  61. 61. “Once there were two brothers. One went away to sea; the other was elected Vice-President of the United States. And nothing was ever heard of either of them again.” Thomas R. Marshall, the 28th Vice- President
  62. 62. What does the Vice-President DO, anyway?
  63. 63. A Heartbeat Away...
  64. 64. Constitution: Should the President die or become disabled while in office, quot;powers and dutiesquot; of the office transferred to the Vice President.
  65. 65. 25th Amendment to the Rescue!
  66. 66. And the First Runner-Up is... (cc) 2005 Flickr user feastoffools
  67. 67. 12th Amendment (1804)
  68. 68. 25th Amendment (1967)
  69. 69. Okay, so I AM your Stepping Stone (cc) 2007 Flickr user .Gladius
  70. 70. The Modern Vice-Presidency

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