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The Presidency
 Dr. Christopher S. Rice
Setting precedents
Early US presidents & their actions…
What explains the
   expansion of
presidential power?
4
Factors
Expansion
     of
Presidential
   Power
Energy


         Expansion
              of
         Presidential
            Power
Vague
Energy                  Constitutional
                         Provisions

         Expansion
              of
         Presidential
            Power
Vague
  Energy                      Constitutional
                               Provisions

               Expansion
                    of
               Presidential
                  Power


 Changing
   Public
Expectations
Vague
  Energy                       Constitutional
                                Provisions

               Expansion
                    of
               Presidential
                  Power


 Changing                      Congressional
   Public                      Delegation of
Expectations                  Power, Authority
Roles and Powers of
   the President
Chief of State
The
Power to
Persuade
The
“Bully Pulpit”
State of the Union Address
Success!




                         FAIL

The Importance of Approval Ratings
Commander-in-Chief
Conveys
 significant
  authority
over foreign
   affairs
1861 - U.S. Civil War - 1865
 Action on
  Military
  Matters




Congress                                    President
1861 - U.S. Civil War - 1865
                                          Action on
                                           Military
                                           Matters




Congress                                    President
United States vs.
Curtiss-Wright (1936)
Youngstown Sheet &
 Tube Co. v Sawyer
       (1951)
War Powers Resolution
       (1973)
Manager of the Economy
Employment Act of 1946
The Budgetary Process




(c) 2008 L.A. Times
Office of Management and
     Budget (OMB)
Congressional Budget
    Office (CBO)
Chief Diplomat
Treaty Power
 Power to negotiate treaties,
official agreements with other
           countries
The Need for Senate Ratification
Executive Agreement
Legal contracts with foreign
countries that require only a
   presidential signature
Chief Executive
Appointment
  Power
Constitution allows presidents
to “appoint Ambassadors, other
public ministers and Consuls,
Judges of the supreme Court…
and all other Officers of the
United States.”
Advice & Consent
Inherent
Executive
  Power
Executive Orders
     directives to government
employees which carry the weight
of law unless they contradict acts
       passed by Congress
Executive Privilege
right of the president to deny
 Congress the information it
           requests
Chief Legislator
Power to Recommend
Constitution encourages presidents to
    recommend for Congressional
 “consideration such Measures as he
shall judge necessary and expedient.”
I’m in ur Congress




Ignorin’ ur President
The “Honeymoon Period”
(and the importance of approval ratings)
Veto Power
Most important FORMAL presidential power
FAIL
Vetoes are a NEGATIVE option,
    not a POSITIVE method
Reagan
and the
Pocket
 Veto
Signing Statements
“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
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.
Source: CBS News
Hamdan v. Rumsfeld (2006)
In recent years, signing
  statements have been used
           to effectively nullify
legislation as it relates to the
     Executive Branch, rather
                   than veto it.
Source: New York Times
Signing Statements
MONROE to CARTER
Signing Statements
REAGAN to CLINTON
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
How are President Bush’s
signing statements different?
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.
Signing Statements
    EXAMPLES
Signing Statements
   PROBLEMS
Signing Statements
Signing Statements
• Problems
Signing Statements
• Problems
 – Violates legal reasoning behind
   judicial rejection of Line-Item Veto
Signing Statements
• Problems
 – Violates legal reasoning behind
   judicial rejection of Line-Item Veto
 – Violation of the Presentment
   Clause
Signing Statements
• Problems
 – Violates legal reasoning behind
   judicial rejection of Line-Item Veto
 – Violation of the Presentment
   Clause
 – Conflict with the Justice
   Department?
The Vice-Presidency
What does the Vice-President
       DO, anyway?
“…the most insignificant
office that ever the
invention of man contrived
or his imagination
conceived.”
John Adams, the first Vice-
President
“…not worth a pitcher of
warm piss.”
John Nance Garner, the 32nd Vice-
President
“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
What does the Vice-President
       DO, anyway?
A Heartbeat Away...
Constitution:
Should the President die or become
disabled while in office, quot;powers
and dutiesquot; of the office transferred
to the Vice President.
25th Amendment
  to the Rescue!
And the
                                       First
                                     Runner-Up
                                        is...

(cc) 2005 Flickr user feastoffools
12th Amendment
    (1804)
25th Amendment
    (1967)
Okay, so I AM your
Stepping Stone       (cc) 2007 Flickr user .Gladius
The Modern Vice-Presidency
The Presidency
The Presidency
The Presidency
The Presidency
The Presidency
The Presidency

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The Presidency