Chapter 12- The Presidency Keep on Leadin’ in the Free World

Objectives: Our Analysis Sketch the evolution of the presidency from 1789 to present List and describe the various offices that make up the office of the President. Enumerate and discuss the facets of presidential power

Sketch the evolution of the presidency from 1789 to present

List and describe the various offices that make up the office of the President.

Enumerate and discuss the facets of presidential power

Evolution of the Presidency Constitutional Convention Alternatives: Executive council with veto powers over presidential action President with life term Concerns Fear of an excessively strong President Fear over no term limits (no 22nd Amendment until 1951) Fear of weak President who would be tool of the senate “ Make him too weak: the legislature will usurp his powers. Make him too strong: he will usurp the legislature.” - Gouverneur Morris

Constitutional Convention

Alternatives:

Executive council with veto powers over presidential action

President with life term

Concerns

Fear of an excessively strong President

Fear over no term limits (no 22nd Amendment until 1951)

Fear of weak President who would be tool of the senate

“ Make him too weak: the legislature will usurp his powers. Make him too strong: he will usurp the legislature.” - Gouverneur Morris

Evolution of the Presidency Constitutional Convention Election of the President Congress elects Direct Election Too much power to large states Demagogue might appeal to masses Illiteracy was common Poor communication Electoral College Balance of power among states Small states overrepresented if election goes to House (Why is this?)

Constitutional Convention

Election of the President

Congress elects

Direct Election

Too much power to large states

Demagogue might appeal to masses

Illiteracy was common

Poor communication

Electoral College

Balance of power among states

Small states overrepresented if election goes to House (Why is this?)

Evolution of the Presidency The Early Presidents (Washington to Monroe) All but Adams served two terms Legitimacy of office secured - All were active in Independence movement and prominent politicians “ Rule of fitness” - only well-respected and most qualified Modest powers

The Early Presidents (Washington to Monroe)

All but Adams served two terms

Legitimacy of office secured - All were active in Independence movement and prominent politicians

“ Rule of fitness” - only well-respected and most qualified

Modest powers

Evolution of the Presidency Andrew Jackson and the Expansion of the President (1829-1837) Spoils system 12 vetoes (more than predecessors combined) Ignored Supreme Court order on Indian Removal

Andrew Jackson and the Expansion of the President (1829-1837)

Spoils system

12 vetoes (more than predecessors combined)

Ignored Supreme Court order on Indian Removal

Evolution of the Presidency Congress Strikes Back 1837-1932 Reestablished power after Jackson left office Flashes of Presidential Power (Lincoln during the Civil War; TR; Wilson) Viewed as an obstacle to Congress (ie Grover Cleveland’s 414 vetoes) Strong Personality or Crisis brought about Presidential power

Congress Strikes Back 1837-1932

Reestablished power after Jackson

left office

Flashes of Presidential Power (Lincoln

during the Civil War; TR; Wilson)

Viewed as an obstacle to Congress

(ie Grover Cleveland’s 414 vetoes)

Strong Personality or Crisis brought about Presidential power

Evolution of the Presidency Emergence of the Presidency Crisis brings about increased presidential power WWII and increased powers Cold War necessitates presidential initiative and leadership 1970s Congress tried to reassert itself with limited results (we will explore this later in greater depth) VS.

Emergence of the Presidency

Crisis brings about increased presidential power

WWII and increased powers

Cold War necessitates presidential initiative and leadership

1970s Congress tried to reassert itself with limited results (we will explore this later in greater depth)

Growth of Presidential Power Why has Presidential Power increased? The Constitution hasn’t changed, but non-constitutional sources of power have arisen Unity of office Character and Personality Complexity of society Congress delegates authority to Executive Mass Media US as Superpower

Why has Presidential Power increased?

The Constitution hasn’t changed, but non-constitutional sources of power have arisen

Unity of office

Character and Personality

Complexity of society

Congress delegates authority to Executive

Mass Media

US as Superpower

Growth of Presidential Power 3 Rules of thumb for maximizing Presidential Power “ Move it or lose it.” “ Avoid Details” “ Cabinets don’t get much done; people do.”

3 Rules of thumb for maximizing Presidential Power

“ Move it or lose it.”

“ Avoid Details”

“ Cabinets don’t get much done; people do.”

Overview of the Presidency Constitutional Requirements Natural Born citizen (sorry Ah-nuld!) 35 years of age 14 year residency What are the “unwritten” requirements?

Constitutional Requirements

Natural Born citizen (sorry Ah-nuld!)

35 years of age

14 year residency

What are the “unwritten” requirements?

Overview of the Presidency Presidential Character Barber’s characterization falls under two fields: 1. Active vs. Passive Positive vs. Negative Which combo would be the least effective? Why ?

Presidential Character

Barber’s characterization falls under two fields:

1. Active vs. Passive

Positive vs. Negative

Which combo would be the least effective? Why ?

Overview of the Presidency Term: Four years Maximum of two elected terms Washington set the precedent 22nd Amendment (1951) due to Republican Congress’ concern over future FDRs. What is the maximum amount of time a person can serve as President?

Term:

Four years

Maximum of two elected terms

Washington set the precedent

22nd Amendment (1951) due to Republican Congress’ concern over future FDRs.

What is the maximum amount of time a person can serve as President?

Overview of the Presidency Compensation: Set by Congress (cannot be raised or lowered during the President’s term) 2001- Raise from $200,000 to $400,000 “ Perks” Serious chance to make some money after leaving office: Speaking fees Book deals (scandals help) Serve on Corporate Boards

Compensation:

Set by Congress (cannot be raised or lowered during the President’s term)

2001- Raise from $200,000 to $400,000

“ Perks”

Serious chance to make some money after leaving office:

Speaking fees

Book deals (scandals help)

Serve on Corporate Boards

Overview of the Presidency Succession 25th Amendment (1967) VP succeeds President (death, resignation, impeachment and removal) VP nominates new VP and Congress confirms If both are unable to serve: Speaker; Pres Pro Tempore; Sec. Of State; Sec. Of Treasury; Sec of Defense; and other cabinet members in order of the creation of their offices.

Succession

25th Amendment (1967)

VP succeeds President (death, resignation, impeachment and removal)

VP nominates new VP and Congress confirms

If both are unable to serve:

Speaker; Pres Pro Tempore; Sec. Of State; Sec. Of Treasury; Sec of Defense; and other cabinet members in order of the creation of their offices.

Overview of the Presidency Succession * The Vice President * Speaker of the House * President pro tempore of the Senate * Secretary of State * Secretary of the Treasury * Secretary of Defense * Attorney General * Secretary of the Interior * Secretary of Agriculture * Secretary of Commerce * Secretary of Labor * Secretary of Health and Human Services * Secretary of Housing and Urban Development * Secretary of Transportation * Secretary of Energy * Secretary of Education * Secretary of Veterans Affairs * Secretary of Homeland Security

Succession

* The Vice President

* Speaker of the House

* President pro tempore of the Senate

* Secretary of State

* Secretary of the Treasury

* Secretary of Defense

* Attorney General

* Secretary of the Interior

* Secretary of Agriculture

* Secretary of Commerce

* Secretary of Labor

* Secretary of Health and Human Services

* Secretary of Housing and Urban Development

* Secretary of Transportation

* Secretary of Energy

* Secretary of Education

* Secretary of Veterans Affairs

* Secretary of Homeland Security

Overview of the Presidency Presidential Disability President informs Congress of disability and VP becomes ACTING PRESIDENT If Prez cannot inform Congress, VP and majority of cabinet secretaries can go to Congress Prez informs Congress of his intent to return. (Congress decides disputes)

Presidential Disability

President informs Congress of disability and VP becomes ACTING PRESIDENT

If Prez cannot inform Congress, VP and majority of cabinet secretaries can go to Congress

Prez informs Congress of his intent to return. (Congress decides disputes)

Presidential Support Staff Presidential Support Staff Today, White House Staff alone is over 500 Staff may be in awe of president and avoid disagreeing with Prez. Staff can control who gets access to the Prez./ can isolate a president

Presidential Support Staff

Today, White House Staff alone is over 500

Staff may be in awe of president and avoid disagreeing with Prez.

Staff can control who gets access to the Prez./ can isolate a president

Presidential Support Staff EXECUTIVE OFFICE OF THE PREZ White House Office/ White House Staff OMB (Office of Management and Budget) prepares annual budget and reviews federal programs NSC (National Security Council) CEA (Council of Economic Advisors) Cabinet

EXECUTIVE OFFICE OF THE PREZ

White House Office/ White House Staff

OMB (Office of Management and Budget) prepares annual budget and reviews federal programs

NSC (National Security Council)

CEA (Council of Economic Advisors)

Cabinet

Presidential Support Staff White House Office Immediate staff of the President (close proximity to the Prez.) Rule of Propinquity: power is wielded by people in the room where decisions are made Jockey for influence Appointments usually do not require Senate approval Presidents seek people who will be loyal

White House Office

Immediate staff of the President (close proximity to the Prez.)

Rule of Propinquity: power is wielded by people in the room where decisions are made

Jockey for influence

Appointments usually do not require Senate approval

Presidents seek people who will be loyal

Overview of the Presidency

Presidential Support Staff Forms of Organization Circular Method (FDR): Prez is the hub and assistants are the spokes Allows more access but at the expense of efficiency (Prez if overwhelmed) Pyramid Method (Reagan): Assistants report through a hierarchy Presidents are more efficient but often kept in the dark.

Forms of Organization

Circular Method (FDR): Prez is the hub and assistants are the spokes

Allows more access but at the expense of efficiency (Prez if overwhelmed)

Pyramid Method (Reagan): Assistants report through a hierarchy

Presidents are more efficient but often kept in the dark.

Overview of the Presidency Presidential Support Staff Forms of Organization Prez PREZ

Presidential Support Staff

Forms of Organization

Presidential Support Staff Cabinet Heads of Cabinet Depts. (15) And 5 others who hold “cabinet rank”- OMB Director, CIA Director, WH Counselor, UN Ambassador, US trade Rep Appointed by Prez w/ Senate consent

Cabinet

Heads of Cabinet Depts. (15) And 5 others who hold “cabinet rank”- OMB Director, CIA Director, WH Counselor, UN Ambassador, US trade Rep

Appointed by Prez w/ Senate consent

Presidential Support Staff

Presidential Support Staff Cabinet Cabinet’s role has not expanded: Divided loyalties of Cabinet members Conflicting goals of Prez and Cabinet Limited influence of Prez over Cabinet (90% of people w/in depts. are Civil Service employees.

Cabinet

Cabinet’s role has not expanded:

Divided loyalties of Cabinet members

Conflicting goals of Prez and Cabinet

Limited influence of Prez over Cabinet (90% of people w/in depts. are Civil Service employees.

Presidential Support Staff Cabinet Officials constitutionally banned from holding Congressional office

Cabinet

Officials constitutionally banned from holding Congressional office

Making the Presidency Safe and Effective Checks that weaken the Prez: Traditional = Congress and Courts (United States v. Nixon) New ones: Congressional leaders Cabinet Bureaucrats Parties Interest groups Media Independent counsel Holds on nominees by Senate Divided Govt.

Checks that weaken the Prez:

Traditional = Congress and Courts (United States v. Nixon)

New ones:

Congressional leaders

Cabinet

Bureaucrats

Parties

Interest groups

Media

Independent counsel

Holds on nominees by Senate

Divided Govt.

Making the Presidency Safe and Effective Strengthening the President: Revitalize Political Parties Revise Constitutional Restraints 6 year term 2 or 3 person presidency Allow Prez to dissolve Congress Members of Congress in Exec. Branch No more split tickets Line-item veto was tried, but deemed unconstitutional in 1998

Strengthening the President:

Revitalize Political Parties

Revise Constitutional Restraints

6 year term

2 or 3 person presidency

Allow Prez to dissolve Congress

Members of Congress in Exec. Branch

No more split tickets

Line-item veto was tried, but deemed unconstitutional in 1998

NOW WE CAN COMPARE: CONGRESS VS. THE PRESIDENT

Tension Between Prez and Congress