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Chapter 12
- 1. Lecture Slides AMERICAN POLITICS TODAY FIFTH EDITION By Bianco Canon Copyright © 2017, W. W. Norton & Company
- 2. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION American Politics Today Chapter 12 The Presidency
- 3. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Presidency
- 4. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION America’s Presidents
- 5. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION America’s Presidents: Franklin Roosevelt
- 6. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION America’s Presidents: Politics • Over time presidential power has grown • Presidents have often led the way in foreign policy • But presidents are often constrained by circumstances – Have faced substantial hurdles in Congress, creating political conflict at the highest levels
- 7. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Head of the Executive Branch • Head of the executive branch – Constitutional authority and statutory authority – Constitution “vests” the executive power in the president – President is also the head of state, and thus symbolically represents the nation as a whole
- 8. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Presidential Powers • Presidential powers – “Take care that laws are faithfully executed” – Most powers are shared with Congress
- 9. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Presidential Powers (cont’d) • Make appointments – Shared with Congress – Can bypass Senate consent when or if Congress is in recess • Executive orders – Change government policy without congressional consent – Constrained by threat of legislative or judicial action to counter any executive orders
- 10. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Executive Orders
- 11. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Commander in Chief • Commander in chief – Shared power • Congress raises and supports army • President controls troops • Congress declares war • President often has discretion when Congress unable to oppose action – War Powers Resolution 1973
- 12. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: The War Powers Resolution of 1973
- 13. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Commander in Chief (cont’d) • Treaties – Shared power • President has first mover advantage – President negotiates – Two-thirds majority of the Senate needs to approve – Bypassing congressional vote • Announce voluntary participation • Issue executive agreement
- 14. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Foreign Policy
- 15. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description • Legislative power – Recommend policies in State of the Union • Lobby and negotiate with members of Congress – Can veto legislation • Most common under divided government • Occasionally have the opportunity to use the pocket veto
- 16. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Veto Process
- 17. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Recent Presidential Vetoes
- 18. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Executive Privilege • The right to keep executive branch conversations and correspondence confidential • Supreme Court found (United States v. Nixon) that executive privilege exists, but is not absolute.
- 19. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Claiming Executive Privilege
- 20. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Institutional Presidency
- 21. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Executive Office of the President
- 22. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Vice President
- 23. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Presidential Power • Although given limited constitutional powers, presidents have become far more powerful • Sources of increased power – New statutory authority – Increased size of federal government – Ambiguity of Constitution • Unitary executive theory
- 24. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Unilateral Powers and Congressional Response • Vesting clause and unilateral action • Unitary Executive Theory • Signing statements • Unilateral action can be reversed by legislation, the Supreme Court, or impeachment
- 25. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Assessing Presidential Power: Federal Courts
- 26. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Presidential Popularity and Reelection
- 27. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Head of the Party
- 28. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Presidential Approval Ratings
- 29. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Job Description: Going Public • Going public – Appeals are made directly to the American citizenry – The hope that citizens will pressure Congress to enact a particular legislative program – Not always successful; typically dependent on having high presidential approval levels
- 30. How it works: in theory
- 31. We’re open to it. Here’s a start. How it works: in practice
- 32. Let’s talk. ...but just us. Because... Welcome! Let’s rebuild. Welcome home!
- 33. One more (big) thing. Just one catch.
- 34. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q1 Do you believe the expectations of the American people with regard to the president are too high? a. yes b. no
- 35. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q2 Which branch of government do you believe is most powerful? a. Congress b. presidency c. judiciary
- 36. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q3 Which branch of government do you believe should be the most powerful? a. Congress b. presidency c. judiciary
- 37. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q4 Should Congress be able to declare, through legislation, that the president must cease a military activity? a. yes b. no
- 38. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q5 Which of the following do you believe is the most important role of the president? a. commander in chief (in charge of the military) b. chief diplomat (managing our relations with other nations) c. chief executive (as “boss” of the executive branch) d. chief legislator (legislative powers) e. chief politician (party leadership)
- 39. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Public Opinion Poll: Q6 Presidents have expressed, delegated, and inherent sources of power. Which of the three do you think most accounts for the powers of the contemporary presidency? a. expressed b. delegated c. inherent
- 40. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Additional Information Following this slide, you will find additional slides with photos, figures, and captions from the textbook.
- 41. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Role
- 42. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Assessing Presidential Power: Presidential Action
- 43. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Presidency: Executive Orders
- 44. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The Presidency: Presidential Powers
- 45. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President and Foreign Policy
- 46. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION Presidential Advisors
- 47. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President as Commander in Chief
- 48. Copyright © 2017, W. W. Norton & Company AMERICAN POLITICS TODAY, FIFTH EDITION The President’s Cabinet and Cabinet- Level Positions
Editor's Notes
- The transfer of presidential power pushes us to ask fundamental questions about the tone and policy direction of the country. What will Trump do with the power of the presidency? Will he work with Congress, or act more unilaterally? What policies from the past will he keep? What will he abandon? Will President Trump be able to accomplish all he promised?
- George Washington remains, for many Americans, the presidential ideal—a leader whose crucial domestic and foreign policy decisions shaped the growth of America’s democracy.
- President Franklin Delano Roosevelt called on the public to support his New Deal programs and other policies. Here, he delivers one of his “fireside chat” radio broadcasts, designed to communicate his arguments to the American people and to win their support.
- Ford and Carter were both held responsible for the circumstances of their time. Carter didn’t help his case, but the economic swoon in the late 1970s can hardly be brought before his doorstep. The exercise of presidential power can be the basis of large projects: both spectacular successes and wretched failures. President Kennedy’s Cuba policy can fairly be called a disaster. It included the Bay of Pigs invasion (a failed attempt to have the former Cuban exiles take back the Island from Castro) as well as various other failed attempts to take down Castro, and ultimately led to the Cuban Missile Crisis and the brink of global nuclear war. By contrast, Lyndon B. Johnson (who had been Kennedy’s vice president) was able to pass the landmark 1964 Civil Rights Act, the 1965 Voting Rights act, enact Medicare and Medicaid, and launch the War on Poverty. If not for his disastrous leadership with regard to the Vietnam War, Johnson’s reputation as one of the great American presidents would be beyond doubt.
- Recall that Congress has a vesting clause, too. But it is a limited one. “All legislative powers herein granted are vested in a Congress of the United States” versus “All executive Powers shall be vested in a President…”: the omission of those two words has dramatic implications for the trajectory of the country. Some students many not have given this much thought before, but in many nations, the “head of government” and “head of state” functions are different. Queen Elizabeth of Great Britain or Queen Beatrix of the Netherlands are heads of state, but the elected prime ministers of those countries are heads of government.
- The president’s job can easily be considered to be a clerk: simply taking the legislation passed by Congress and implementing these laws. Moreover, in a narrow reading of the Constitution, the president has little authority to act as a unitary actor.
- It would be helpful to introduce Canning vs. NLRB and the Supreme Court’s decision to honor the Senate’s pro-forma session throughout the winter break. Topic for discussion: “Do you think that the Supreme Court made the right decision, when the Senate was not really conducting any business?” With respect to executive orders, it is good to point out that while some have been huge decisions (desegregating the military, interning Japanese Americans), most are stunningly banal (giving federal employees a half-day off on Christmas Eve). Moreover, they can easily be undone by the next president. [More on the next slide.]
- President Obama’s Executive Orders Many critics argued that President Obama issued an unprecedented number of executive orders. They said this was his strategy to bypass a Republican Congress that was unsympathetic to his policy proposals. What do the numbers say?
- More on the War Powers Resolution on the next slide (Nuts and Bolts 12.2).
- The president often meets with foreign leaders in both formal and informal settings—for example, he watched a baseball game in Havana, Cuba, with Cuban leader Raul Castro in March 2016. Such meetings provide a venue for the president to present American views and mediate disagreements, but also to act as a visible symbol of America’s position as a world superpower.
- Recall that the president’s legislative power is largely negative. Presidents can ask nicely but cannot introduce legislation themselves. Moreover, they can negotiate about a bill’s parameters by threatening to veto, but that is still predicated on Congress passing a bill in the first place. See more about the veto on the subsequent two slides.
- The figure shows the number of vetoes issued by recent presidents in each congressional term they held office, along with whether the term involved unified or divided government. Do the data support the argument that vetoes are less likely given unified government? Compared with other presidents, did Barack Obama issue an inordinately high or low number of vetoes?.
- Executive privilege has a negative taint associated with President Nixon, whose unpopularity, pending impeachment, and fear of a “constitutional crisis” caused him to resign in disgrace (only to be ultimately pardoned by his successor, Gerald Ford). But as investigations into the executive branch become more frequent, so does invocation of executive privilege. Bill Clinton used it 13 times. As mentioned before, George W. Bush also used it. Barack Obama has used something similar—”the state-secrets privilege”—to claim the right to target radical cleric Anwar al-Awaki (an American citizen living in Yemen who mentored the Christmas Day underwear bomber) for assassination without jury trial or due process. [Topic for discussion: Which is more important? Ability for judicial or legislative investigators to understand what the executive is doing? Or ability for presidents and their staff to be able to communicate freely?]
- Congressional investigations of the Justice Department’s failed attempt to prevent illegal arms shipments into the United States (the operation was code-named Fast and Furious) were stymied by President Obama’s use of executive privilege to limit testimony by his appointees.
- While many people perceive the vice president’s position to be ceremonial and relatively powerless, recently the vice president’s role has expanded significantly. President Obama’s vice president Joe Biden served as a trusted policy adviser and directed several initiatives such as the Cancer Moonshot 2020. @JoeBiden #CancerMoonshot
- While many people perceive the vice president’s position to be ceremonial and relatively powerless, recently the vice president’s role has expanded significantly. President Obama’s vice president Joe Biden served as a trusted policy adviser and directed several initiatives such as the Cancer Moonshot 2020. @JoeBiden #CancerMoonshot
- Despite the limitations in the Constitution, presidential power has increased considerably over time. Many of its occupants have upheld an expansionist view of power, sometimes taking advantage of ambiguity in the Constitution to do everything the Constitution doesn’t forbid (e.g., Teddy Roosevelt). By contrast, others were willing to directly violate the Constitution if it suited a particular objective or if Congress was unable or uninterested in responding (e.g., Andrew Jackson, Abraham Lincoln). The largest source of ambiguity in the Constitution stems from the vesting clause, which gives all executive powers to the president. As it is not specified what this means, presidents have pushed to argue that most unilateral actions are an extension of this executive power clause. Most commonly, the ambiguity of the Constitution is met with institutional impasse. While true abuses of power generate a legislative response, Congress is often too gridlocked to respond to minor things that may violate the Constitution or a statute.
- The largest source of ambiguity in the Constitution stems from the vesting clause, which gives all executive powers to the president. As it is not specified what this means, presidents have pushed to argue that most unilateral actions are an extension of this executive power clause. Most commonly, the ambiguity of the Constitution is met with institutional impasse. While true abuses of power generate a legislative response, Congress is often too gridlocked to respond to minor things that may violate the Constitution or statute. George W. Bush developed the notion of the unitary executive theory, arguing that the president’s power was more expansive than typically understood: he was even willing to defy congressional sanction. Otherwise, presidents can issue a signing statement, offering their (different) interpretation of the law than what Congress may have intended, and directing the bureaucracy to implement their directives. Most scholars agree that Congress has opportunity to respond to any instances of executive overreach. Nonetheless, doing so can often require Congress to dedicate significant resources to this task, and they are often loathe to do so. As such, as long as the president doesn’t do anything egregious to trigger this response, he or she can typically enjoy wide latitude in his or her actions.
- Federal courts can undo unilateral presidential actions. A series of Supreme Court rulings forced the George W. Bush administration to allow terror suspects, such as Salim Hamdan, an Al Qaeda member captured in Afghanistan, to challenge their imprisonment. This courtroom sketch from the U.S. naval base in Guantánamo, Cuba, shows Hamdan (far left) and his legal team.
- This figure shows the preelection year average approval ratings for recent presidents who ran for reelection. It shows that a president’s chances of winning reelection are related to his popularity. At what level of approval would you say that an incumbent president is likely to be reelected?
- The president is the unofficial head of his party and works with fellow party members in government. Here, President Obama meets with Vice President Joe Biden and Democratic House leaders, clockwise from the bottom left, Steve Israel (D-NY), Chris Van Hollen (D-MD), Steny Hoyer (D-MD), House Minority Leader Nancy Pelosi (D-CA), James Clyburn (D-SC), Xavier Becerra (D-CA), and Joseph Crowley (D-NY).
- Barack Obama’s approval ratings were remarkably stable during his presidency, reflecting slow but steady economic growth and high levels of partisan polarization. During the last two years of Obama’s term in office, many Republicans said that Obama should be blamed for not dealing with ISIL and the threat of terrorist attacks in the United States. Does the data on Obama’s approval ratings suggest these attacks were successful or unsuccessful?
- How often should presidents go on TV to address the American people? How often should they give one-on-one interviews? What about press conferences? Remember that every televised appearance is a double-edged sword: it could make the president look better or worse. For example, in 2009, after the arrest of an African American Harvard professor of President Obama’s acquaintance, Obama said the Cambridge police “acted stupidly.” Eventually, Obama called a “beer summit” to repair this public relations (PR) gaffe. Neither President George W. Bush’s attempts to “sell” the American public on privatizing Social Security nor President Obama’s “sales pitch” on health care reform did much to ensure their bill’s passage, and this tactic can alienate members of Congress, who may feel that the pressure is inappropriate.
- The president’s role as commander in chief of America’s armed forces gives him or her a tremendous amount of power—power that often can be exercised secretly. What should be the limits on presidential secrecy?
- Congress has the power to block most types of presidential action, if it chooses. For example, in 2009 President Obama ordered the closure of the detention center for terror suspects at Guantánamo Bay, Cuba, but Congress passed legislation preventing the closure until the Obama administration developed detailed plans for relocating the prisoners.
- After Congress failed to pass the DREAM (Development, Relief, and Education for Alien Minors) Act, President Obama issued an executive order to stop the deportation of some young illegal immigrants in 2012. Although the scope of the order was subsequently constrained by a tied Supreme Court, Obama’s action stands as an example of how presidential power derives from control over how laws are implemented. #DREAMAct
- The president plays a predominant role in American foreign policy. In the 1980s, President Ronald Reagan negotiated numerous arms agreements with the Soviet Union. Here, Reagan and Soviet leader Mikhail Gorbachev sign a treaty eliminating certain types of nuclear missiles.
- The president’s closest advisers are chosen for their loyalty to the president and his or her policy goals. President Trump named Reince Priebus (Chairman of the Republican National Committee, left) as his chief of staff and Steve Bannon (head of Breitbart News and campaign CEO, right) as chief strategist and senior counselor.
- The Constitution makes the president commander in chief but limits that power by giving Congress the power to raise and support armies. Thus, while President Obama could order American forces to conduct air strikes on the ISIL terrorist organization in Syria, members of Congress had several legislative options to limit or even stop these operations.
- The president’s Cabinet is composed of the heads of the 15 executive departments along with other appointees given cabinet rank by the president.