2. President vs. Prime Minister
President
o mostly found in North/South America
o elected by the people; usually an “outsider”
o remains in power for a four-year term; one
opportunity for reelection
o no standing member of Congress can hold office
in the executive branch; including the cabinet
o cabinet comprised of the president’s friends,
experts on policy issues, and representatives of
important constituencies
o president party DOES NOT have to have a
congressional majority
Prime Minister
o found in most European nations
o chosen from WITHIN the Parliament; always an
“insider”
o remains in power as long as the party he/she
belongs to remains the majority, or as long as the
coalition he/she assembled holds together
o chief executive chosen from among the
legislature; members of the cabinet are almost
always members of Parliament
o prime minister is always a member of the
majority party
3. Divided Government
o divided government- one party controls the
White House and another party controls one or
both houses of Congress
o unified government- the same party controls the
White House and both houses of Congress
o both divided government and unified government
can produce gridlock- the inability of government
to act because rival parties control different parts
of the government
o both parties contain liberal and conservative
factions that make policy gridlock possible even
when the White House and Congress are
controlled by the same party
o also involves “institutional differences” between
the president and Congress
4. “Evolution of the Presidency”
Concerns of the Founders
The Electoral College
The President’s Term of Office
The First Presidents
The Jacksonians
The Reemergence of Congress
5. Concerns of the Founders
Founding Fathers’ Fears:
o president would use state militias to overpower
state governments
o sharing treaty-making power with the Senate
would make the president a “tool” of the Senate
o president would seek unlimited terms in office
and assume monarchical power
o Founders unable to foresee: role in foreign
affairs, ability to shape public opinion, “inherent
powers,” and position as head of executive
branch – as reasons for expansion of power
6. The Electoral College
o states would select electors (in any manner they
wished) then would meet in the state capital and
vote for president and vice-president
o if no candidate receives a majority, then the
House makes the decision
o each state gets one vote
o large states had their say, but small states
receive at least three electoral votes
o small states could combine to influence the
House, should elections go to the House
o only happened twice … 1800 and 1824
o president = makes treaties and appoints lesser
officials
7. President’s Term of Office
o George Washington set the precedent by serving
only two terms
o only FDR ran for more
o 1951: 22nd Amendment – limited president to two
terms
o most of the time, there is an orderly and bloodless
succession that takes place between presidents
8. The First Presidents
o of the first five presidents, all but John Adams
served two terms
o first presidents were involved in the Founding …
o George Washington spoke out strongly against
political parties
o little for the government to do; government took
little time and few resources
o no appearance on coins until their death; no
presidential pensions until Eisenhower
o no close relationship with Congress
o few vetoes by presidents
9. The Jacksonians
o Andrew Jackson served in the Senate and the House, but
was elected as a military hero
o used veto power much more often than his predecessors
o did not initiate policy, but struck down policies he did not
like
o president during mass expansion of the United States
o often went against Founders’ intentions
o battled with Congress often
o believed in a strong and independent presidency
10. The Reemergence of Congress
o with the end of Jackson’s second term, Congress
reestablished its power
o for the next 100 years, the presidency was a
subordinate branch of the federal government
o intensely partisan era
o Lincoln: against Mexican War and critic of
Jackson’s use of executive authority; raised an
army, spent money, blockaded southern ports,
temporarily suspended the writ of habeas corpus,
and issued Emancipation Proclamation – all
without prior Congressional approval
o believed that national emergencies equipped
the president with greater powers
o outside of Theodore Roosevelt, Wilson, and
FDR, the presidency was a source of opposition
to the Congress
o idea of a large staff of advisors is a characteristic
of the modern presidency
11. Powers of the President
Powers of the President Alone
Powers the President Shares with the Senate
Powers the President Shares with Congress as a Whole
12. Powers of the President Alone
o commander in chief of the armed forces
o commission officers of the armed forces
o grant reprieves and pardons for federal offenses
(except impeachment)
o convene Congress in special sessions
o receive ambassadors
o take care that the laws be faithfully executed
o wield the “executive power”
o appoint officials to lesser offices
13. Other Powers of the President
Shares with the Senate
o make treaties (negotiated by president,
with advise and consent; ratified by
Senate)
o appoint ambassadors, judges, and high
officials (appointed by president;
confirmed by Senate)
Shares with Congress
o approve legislation
15. Qualifications and Benefits for
the President
Qualifications
o a natural-born citizen (can be born abroad
only if parents are American citizens)
o 35 years of age
o a resident of the United States for at least 14
years (does not have to be the 14 years
preceding the election)
Benefits
o residence in the White House
o salary of $400,000/yr. (taxable)
o a tax-free expense account of $50,000/yr.
o tax-free travel expenses of $100,000/yr.
o a pension, on retirement, equal to the pay of a cabinet
member
o staff support and Secret Service protection for 10 years on
leaving the presidency
o White House staff of 400-500 individuals; personal chef
o vacation home at Camp David
o personal airplane – Air Force One
16. The Power to Persuade
The Three Audiences
Popularity and Influence
The Decline in Popularity
17. The Three Audiences
1. fellow politicians and leaders – influence how
much deference his views receive and thus how
much power he can wield; must appear powerful
2. party activists and officeholders outside of
Washington – the partisan grassroots; want the
president to exemplify their principles, trumpet
their slogans, appeal to their fears and hopes, and to
help them get reelected
3. “the public” – every utterance is scrutinized by
the media and by organized groups here and
abroad; all errors are pointed out
o bully pulpit- the president’s use of his prestige
and visibility to guide or enthuse the American
public
18. Popularity and Influence
o Can the president convert personal popularity into
congressional support for president’s programs?
o the president cannot provide electoral rewards or
penalties to members of Congress
o few members of Congress who are “in trouble” can be
saved by the president
o in presidential election years, the president’s party does
well in congressional elections
o in midterm election years, the president’s party does not
do well in congressional elections
19. More on Popularity and
Influence
o Why can’t the president provide electoral rewards or
penalties?
o“coattail effect” not as prominent today
o weakening of party loyalty and party organizations
o enhanced ability of members of Congress to build
relationships with their constituents
o the popularity of a president does affect how much of
a president’s program within Congress passes
o members of Congress do not like to campaign against
the programs of a popular president
o most presidents enjoy a “honeymoon” period with
Congress and the people before their popularity with
both declines
20. The Decline in Popularity
o every president except Eisenhower, Reagan, and Clinton lost
popularity between their inauguration and the time they left office
o What causes the loss of presidents’ popularity?
o Truman – the Korean War
o LBJ – the Vietnam War
o Nixon – Watergate
o Ford – pardoning Nixon
o Carter – inflation; Iran hostage crisis
o George H.W. Bush – economic recession
o George W. Bush – war in Iraq
21. The Power to Say No
Veto
Executive Privilege
Impoundment of Funds
Signing Statements
22. The Power to Say No
o Constitution gives the president the right to veto legislation
o presidents have the right of “executive privilege” – right to
withhold information that Congress may want to obtain
from the president and his subordinates
o some presidents have tried to impound funds appropriated
by Congress
o Veto: two ways to veto legislation:
o veto message- a message from the president to Congress
stating that he will not sign a bill it has passed; must be
processed within 10 days of the bill’s passage
o http://www.whitehouse.gov/the-press-
office/2015/02/24/veto-message-senate-s-1-keystone-xl-
pipeline-approval-act
23. More on Presidential Vetoes
o pocket veto- a bill fails to become law because the
president did not sign it within 10 days before Congress
adjourns
o can only be used just before Congress adjourns at the
end of its second session
o bills that are “pocket vetoed” must start over again in
the next session of Congress if it is reintroduced
o a bill that is not signed or vetoed while Congress is still
in session becomes law automatically, without the
president’s approval
o a bill that has been returned to Congress without the
president’s approval can still be passed over the
president’s objections if at least two-thirds of both
houses votes to override the veto
24. Line-Item Veto
o until 1996, the president had to either accept or reject the
entire bill
o did not have the power of a line-item veto- when a
chief executive can approve some provisions of a bill
and disapprove others
o Line Item Veto Act of 1996 – gives president power of
“enhanced rescission” – a president can cancel parts of a
spending bill passed by Congress without vetoing the
entire bill
o Congress could overturn whatever parts of the bill the
president cancelled
o Clinton v. City of New York (1998) – SCOTUS declared this
law unconstitutional
o vetoes are rarely overturned
25. Executive Privilege
o presidents act as if they do not have to divulge
communications between themselves and their principal
advisors
o nothing in the Constitution disputes this claim
o based on two grounds
o the doctrine of separation of powers means that one branch of
government does not have the right to inquire into the internal
workings of another headed by constitutionally named officers
o principles of statecraft and prudent administration require that
the president have the right to obtain confidential and candid
advice from subordinates
o for 200 years, there was no serious challenge to the claim of
presidential confidentiality
26. United States v. Nixon (1973)
o United States v. Nixon (1973) – Supreme Court voted
(8-0) that there is no “absolute unqualified
privilege of immunity from judicial process under all
circumstances”
o to do otherwise would be to block the constitutionally
defined function of the federal courts to decide
criminal cases
o Nixon had to hand over Watergate tapes so a judge
could decide which were relevant enough to be
introduced as evidence
o Clinton v. Jones (1997) – federal courts decided that
not only could a president be sued, but officials such
Secret Service officers and government-paid lawyers
could not claim executive privilege
o consequence: very few officials with whom a president
can speak in confidence
27. Impoundment of Funds
o Impoundment is an act by a President of the United States of
not spending money that has been appropriated by the U.S.
Congress
o president cannot spend $ NOT appropriated by Congress;
Constitution says nothing about NOT spending $ that IS
appropriated by Congress
o Budget Reform Act of 1974
o passed in response to Nixon’s refusal to spend federal
funds
o requires president to spend all appropriated funds
unless he first tells Congress which funds he wishes not
spend and Congress, within 45 days, agrees to delete
items
o president can also DELAY spending $, but must first inform
Congress; Congress can refuse the delay by passing a
resolution requiring immediate release of money
28. Signing Statements
ohttp://www.nytimes.com/2009/03/17/opinion/17tue
3.html
o presidential statements issued at the time a
president signs a bill passed by Congress
o serves three purposes:
o to express presidential attitudes about the law
o to tell the executive branch how to implement
it
o to declare that the president thinks some part
of the law is unconstitutional
o signing statement- a presidential document
that reveals what the president thinks of a
law and how it ought to be enforced
o not very prevalent until the Reagan administration
o use of signing statements has increased under
George W. Bush and Barack Obama
ohttp://www.nytimes.com/2006/01/14/politics/politi
csspecial1/14statements.html (Justice Alito’s role in
“signing statements”
o http://nyti.ms/1BpIlp2 (Obama signing statement
on defense bill)
29. The Office of the President
The White House Office
The Executive Office of the President
The Cabinet
Independent Agencies, Commissions, and Judgeships
30. The White House Office
o president’s closest assistants have offices in the West
Wing of the White House
o do not have to be confirmed by the Senate
o can be hired and fired at will by the president
o three ways the president can organized his staff:
o pyramid structure- a president’s subordinates report to
him through a clear chain of command headed by a
chief of staff
o circular structure- several of the president’s assistants
report directly to him
o ad hoc structure- several subordinates, cabinet officers,
and committees report directly to the president on
different matters
31. Senior White House Staff
o senior White House staff members are drawn from the
ranks of the president’s campaign staff
o proximity/access to the president is significant – the
closer to the president, the more significant …
o some are policy experts
o Denis McDonough (pictured) – White House Chief of Staff
o Josh Earnest – White House Press Secretary
32. Executive Office of the President
o not located in the White House; report directly to
the president
o filled by presidential appointment; must be
confirmed by the Senate
o overseen by the White House Chief of Staff …
o principal agencies in the Executive Office:
oOffice of Management and Budget (OMB)
o analyzes figures that go into making budget
o recommends changes; reorganizes
departments/agencies
o Shaun Donovan – Director
o other agencies in the Executive Office:
o Director of National Intelligence (DNI)
o Council of Economic Advisors (CEA)
o Office of Personnel Management (OPM)
o Office of the U.S. Trade Representative
33. The Cabinet
o cabinet- the heads of the 15 executive branch
departments of the federal government
o the president appoints the heads of each cabinet
department, subject to confirmation by Senate
o the president struggles with Congress for control of
these agencies
o Congress controls the funding of these
organizations
o cabinet positions give the president an opportunity
to rewards political allies with key appointments
o each department seeks to defend, explain, and
enlarge itself
o very rarely used by the president as a deliberative
body
Cabinet Position Cabinet Member
Secretary of Agriculture Tom Vilsack
Secretary of Commerce Penny Pritzker
Secretary of Defense Ashton Carter
Secretary of Education Arne Duncan
Secretary of Energy Ernest Moniz
Secretary of Health and Human Services Sylvia Matthews Burwell
Director of Homeland Security Jeh Johnson
Secretary of Housing and Urban
Development
Julian Castro
Secretary of the Interior Sally Jewell
Attorney General (Justice Department) Loretta Lynch – nominee
Secretary of Labor Thomas Perez
Secretary of State John Kerry
Secretary of Transportation Anthony Foxx
Secretary of Treasury Jack Lew
Secretary of Veterans Affairs Robert McDonald
34. Independent Agencies,
Commissions, and Judgeships
o president appoints people to +/- four dozen
agencies and commissions
o not considered part of the cabinet; have quasi-
independent status
o “independent agencies” and “executive agencies”
are different bodies
o executive agencies = serve at the pleasure of the
president; can be removed by president
o independent agencies = officers serve fixed
terms and can be removed only “for cause”
o the president can also appoint federal judges,
subject to confirmation by the Senate
o federal judges serve for life; can only be
removed by impeachment or conviction
o inability to remove federal judges is evidence
of the independent nature of the judiciary
35. Examples of Executive Agencies
and Independent Agencies
“Executive” Agencies
all cabinet departments
National Aeronautics and Space Administration
(NASA)
United States Postal Service
Executive Office of the President
Central Intelligence Agency (CIA)
Environmental Protection Agency (EPA)
Federal Election Commission (FEC)
“Independent”
Agencies
Federal Reserve Board
Federal Communications Commission (FCC)
Federal Deposit Insurance Corporation (FDIC)
Federal Trade Commission (FTC)
National Labor Relations Board (NLRB)
Securities and Exchange Commission (SEC)
Tennessee Valley Authority (TVA)
36. Who Gets Appointed
o most appointments come from private business,
universities, “think tanks,” foundations, law firms,
labor unions, and the ranks of former/present
members of Congress, past state/local government
officials
o rarely do members of the cabinet fully agree with
the president
o during the early republic, cabinet members were a
real force who had followings of their own
o not the case lately
o today, people are appointed to the cabinet for
their expertise and not for their personal following
o most presidents seek to have a racially and
ethnically diverse cabinet
37. The President’s Program
o two ways to put together a program:
o have a policy on almost everything; state
positions on a large number of issues
o choose three or four issues, but leave the rest to
subordinates
o must judge congressional and public reaction to
their program before committing fully to it; will
sometimes “leak” parts of the program to the press
o other constraints to planning a program:
o sheer limit of his time and attention span
o unexpected crisis
o federal government and most federal programs
(including budget) can only be changed
marginally, except in special circumstances
38. Attempts to Reorganize
o every president wants to reorganize the executive
branch of government
o following the September 11, 2001 attacks,
President Bush created the White House Office of
Homeland Security, headed by Tom Ridge
o led to a reorganization … Congress authorized the
Department of Homeland Security in November
2002 and included 22 federal agencies and almost
200,000 employees …
o legally, the president can reorganize his White
House staff whenever he wishes … but Congress
must be consulted in the president wants to
reorganize the Executive Office or any
department
o president would submit a reorganization plan,
which would take effect so long as the House or
Senate did not pass a concurrent resolution
rejecting it – called a legislative veto- authority
of Congress to block a presidential action after
it has taken place – the Supreme Court has held
that Congress does not have this power
o any reorganization today must come in the form
of a law, passed by Congress and signed by the
president
o Immigration and Naturalization Service v. Chadha
(1983) – outlawed the legislative veto
40. Background …
o 8 president died while in office …
o 4 were assassinated:
o Abraham Lincoln
o James Garfield
o William McKinley
o John F. Kennedy
o 6 survived assassination attempts:
o Andrew Jackson
o Theodore Roosevelt
o Franklin Delano Roosevelt
o Harry Truman
o Gerald Ford
o Ronald Reagan
41. The Vice President
o on 8 occasions, the vice-president has become
president due to the death of a president
o only 3 vice-president have been elected president
after service as VP:
o Martin Van Buren (Jackson)
o Richard Nixon (Eisenhower)
o George H.W. Bush (Reagan)
o four other vice-presidents were elected to terms of
their own after becoming president because their
predecessors died in office:
o Theodore Roosevelt
o Calvin Coolidge
o Harry Truman
o Lyndon Johnson
42. More on the Vice President
o vice-presidency is considered an “empty job”
o only official task of the vice-president is to
over the Senate and to vote in case of a tie
o even so, the president pro tempore serves in the
absence of the vice-president
o vice-president’s leadership powers are weak,
especially if the majority of the senators are from a
different party than the president and the vice-
president
o other questions:
1. What if the president becomes seriously ill but
does not die?
2. If the vice-president steps up, who becomes the
new vice-president?
43. Problems of Succession
o Succession Act of 1886 – designated the Secretary
of State as the next in line for the presidency
should the vice-president die, followed by other
cabinet officers in order of seniority
o 1947 – the law was changed to make the Speaker
of the House and the president pro tempore of the
Senate the next in line for the presidency
o both chosen because of seniority, not because
of executive skill
o might also be a member of the opposite party
of the president
44. 25th Amendment
o 25th Amendment (1967) – vice-president is
declared “acting president” whenever the president
declares that he is unable to discharge his powers
and duties of his office or whenever the vice-
president and the majority of the cabinet declare
that the president is incapacitated
o if the president disagrees with the vice-president
president and the cabinet, then Congress decides
the issue
o a 2/3 majority is needed to confirm the vice-
president
o the amendment also requires the vice-president
who assumes the president to nominate a new
vice-president
o must be confirmed by a majority vote of both
houses of Congress
o when there is no vice-president, then the 1947
law governs – next in line are the Speaker of the
House, the president pro tempore, and then the
14 cabinet officers, starting with the Secretary of
State
o amendment has never been used
o in 1973, Vice President Spiro Agnew resigned,
and was replaced by Gerald Ford
o when President Nixon resigned in 1974, Ford
assumed the presidency, having never been
elected to either the presidency or the vice-
presidency
45. Impeachment
o all “civil officers of the United States” can be removed by being
impeached and convicted
o civil officers – such as cabinet secretaries – are not subject to
impeachment
o can be removed by the president at will
o federal judges are the most often impeached officials
o impeachment- like an indictment in a criminal trial; a set of
against somebody vote by (in this case) the House of
o to be removed from office, the impeached officer must be
2/3 of the Senate
o 16 persons have been impeached by the House; 7 convicted by the
Senate
o only two president have ever been impeached (Andrew Johnson in
1868 and Bill Clinton in 1998) – neither were convicted
46. Impeachment of Bill Clinton
o Bill Clinton was accused of perjury, obstruction of
justice, and abuse of power
o impeached along party lines by the House
o majority of Senators voted to convict, but not
2/3
o was a centrist Democrat who did not offend
voters
o economy was strong, and there was a time of
peace
o one casualty of the Clinton impeachment is the
death of the Independent Council
o created in 1978 by Congress
o Attorney General asks a three-judge counsel to
investigate whenever a high-ranking official is
charged with misconduct
o when law expired in 1993, President Clinton
asked that it be renewed
47. Wrapping Up …
o presidential succession has always occurred peacefully,
without a military coup or military plot
o rare in the modern world
o complexity of today’s problems makes it harder to act
decisively
o for example: how to find a cure for drug abuse or
juvenile crime
o president’s should:
1. use influence early in a term, before it erodes
2. have a few top priorities, and have subordinates handle
the rest
3. find capable subordinates and watch them closely
