Download Would a president other than Lyndon Johnson have passed the civil

The American
Presidency
The Central Dilemma
• The individual (his personality, skills,
etc.) versus history (environment, nature
of times)
• Do great presidents make history or does
history make them?
• Would a president other than Lyndon
Johnson have passed the civil rights
legislation of the 1960s?
• Would a president other than FDR have
gotten us through the Great Depression
and WWII?
• Would a president other than Reagan
have dealt as effectively with the
Soviets?
Historical Powers of the Presidency:
1. The Traditional President (late 1700s-early
1930s): presidents did little during this period, and
Congress was generally dominant [exceptions?]
2. The Modern President (early 1930s-mid-1970s):
a powerful activist presidency prompted by the
Great Depression and WWII, Congress become less
dominant.
3. The Postmodern President: a weakened
presidency whose powers have been sapped by
relative economic decline and the growth of
interdependence. The world has now “closed in
on” the American presidency. The main result of this
is that in this new era a president must “go
international’ in order to get much of anything done.
Art. II Constitutional Qualifications of
POTUS:
(a)
(b)
(c)
(d)
(e)
35 or older
natural born
14 years of residency
term limits (22 amendment-2 terms)
disability of president - 25th
amendment. A new non-elected VP
needs approval from both houses.
(g) popularly elected – but indirect
election through Electoral College.
Many world leaders not elected but
selected by someone. i.e., PM’s are
chosen by the majority party.
TERM & SUCCESSION:
• 2 Term precedent – from who to who?
• 22nd Amendment – 1951 – how long can
POTUS actually serve?
• Should this amendment be repealed?
• Reasons for succession:
• Death, resignation, impeachment AND
conviction, temporary or permanent
disability
• Order of succession:
• Determined by Congress – POTUS
Succession Act
• VP, Speaker, Pres. Pro Tempore, Sec. of
State ….other cabinet members in order of
SALARY & BENEFITS:
• $400,000 Salary
• (VP= $230,700 & 10K expense account)
• $50,000 Expense Account +…
• Benefits:
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•
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•
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Housing
Transportation
Health Care
Secret Service for Life
Pensions
Movie Theatre
ELECTION
• ELECTORAL COLLEGE
• POTUS & VP are only 2 offices in
this country elected by the
electoral college method
• Malapportionment
• CA has approx. 1 electoral vote for
every 500,000 voters; AK has 3
electoral votes for every 245,578
people.
Electoral College
• 4 times winner of popular vote has NOT
won the POTUS election
•
•
•
•
1824
1876
1888
2000
–
–
–
–
Jackson lost to John Q. Adams
Tilden lost to Hayes
Cleveland lost to Benjamin Harrison
Gore lost to George W. Bush (43)
• Election date is always the Tuesday
after the first Monday in November.
• Inauguration is always Jan. 20 (per the
20th Amendment)
• Oath of office is administered by the
Chief Justice of the Supreme Court
LEADERSHIP ATTRIBUTES OF POTUS:
• Ability to:
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•
•
•
•
manage a crisis
demonstrate leadership
appoint quality officials & judges
set & clarify the national agenda
achieve success in the foreign
policy arena
Democracy
Equality
POTUS vs. Prime Minister
• How is a POTUS different from a Prime
Minister?
•
•
•
•
POTUS has term limit
PM has no divided gov’t
PM is longtime party leader
Party discipline is better in a parliamentary
system
Art. II:
Powers & Duties of the President
CHIEF EXECTIVE
head of Executive Branch
CIA, FBI, NSA, US Attorneys,
etc…. POTUS must enforce the
Laws!!
COMMANDER IN CHIEF
head of ALL armed forces
Constitutional Powersb Art. II:
Powers & Duties of the President
POWER TO SIGN OR VETO
laws passed by Congress
**2/3 in both houses to
override a veto**
GRANTS REPRIEVES & PARDONS
Reprieves = delay of punishment
Pardon = forgiveness
Art. II:
Powers & Duties of the President
MAKE TREATIES with
other countries
-must be approved by 2/3 of Senate
-can also make Executive Agreements
-what’s the difference?
MAKE APPOINTMENTS
to cabinet, Supreme Ct., ambassadors,
etc. - Must be approved by Senate
(a new POTUS makes approx. 3,000 appointments)
Duty to report to Congress & the people
on THE STATE OF THE UNION
POWERS OF THE PRESIDENT
Appointments:
• To federal offices
(bureaucracy)
• Federal/SCOTUS judicial positions
• Cabinet
• Divided Government poses
problems in appointment – why?
•Harder to get Senate approval
•Ideological conflicts
•Offices may go unfilled
POWERS OF THE PRESIDENT
Power of Appointment:
• So… how do appointments get
confirmed?
• go to public for support
• build coalitions in Congress
• make deals and compromise
• diversify in his choices
• do more background screening
• Recess appointments: Making
appointments while the Senate is out of
session. (No Senate confirmation)
Presidential Power
•
•
Presidential power is “the power to
persuade”
A president’s power is related to the
perception of three audiences:
1. Washington D.C. Insiders (Senate,
House of Representatives,
Supreme Court)
2. The party activists and officeholders
outside Washington, IG’s
3. The mass public at large
4. A fourth audience today?
ROLES OF POTUS:
• Chief of State
• Chief Executive
• Chief Administrator
• Chief Diplomat
• Commander in Chief
• Chief Legislator
• Chief of Party
• Chief Citizen
Commander in Chief
“War-making” Power of POTUS
POTUS can commit troops in 1 of 3
ways:
• Declaration of war by Congress
(only 5 times in history)
• National Emergency (natural disasters)
• If use of force is in national interest
War Powers Act of 1973
• POTUS POTUS must advise Congress of troop
deployment within 48 hours – keep Congress
advised
• Commitment of troops ends after 60 days
UNLESS approved by Congress
War Powers….
War Powers Act has not yet been resolved
by SCOTUS
• All POTUS have deemed War Powers Act
unconstitutional &, in many cases, ignored it
POTUS who have flaunted war powers?
Reagan – Grenada
Bush, Sr. – Kuwait/Desert Storm
Clinton – Haiti /Bosnia
George W. – Iraq
Obama – Osama Bin Laden (2011), Libya
(2011), ISIS, Drone Strikes??
POTUS as Chief Executive
(Administrative Powers)
Two resources for controlling the
bureaucracy?
• Appointment of top level administrators
• Recommending budgets to Congress
The Cabinet
• 15 cabinet positions (Homeland Security is
newest)
White House Staff
•
Chief of Staff; Deputy Chiefs; Senior Advisors; Counsel
THE EXECUTIVE DEPARTMENTS
“EXECUTE ALL LAWS”
EOP (Executive Office of the President)
•
Created by FDR – 1939, to support administration
•
Chief of Staff – POTUS top aide, manages EOP
•
National Security Council, OMB, Council of
Economic Advisors, Office of National Drug Control,
Office of First Lady, Trade Representative….
•
Directly advise POTUS on a daily basis
•
None elected – over 600 – most NOT subject to
Senate confirmation.
Chief Legislator
(Legislative Powers)
• State of Union address to
Congress & the people. Set
national agenda.
• Power to veto
Only 4% of all vetoed
bills overridden
Line-item veto – Governors-YES, POTUS-NO
POTUS ability to veto certain parts of a bill,
without vetoing the entire bill.
EXECUTIVE ORDERS:
Chief Legislator
ORDINANCE POWER
• EXECUTIVE ORDERS – POTUS writes the
law!
• Source: Constitution: implied; to further acts of
Congress
• Can be overturned by Congress – don’t fund it or pass
conflicting law OR by SCOTUS – held unconstitutional
• Can also be overturned by future POTUS
Chief Legislator
Execuative Orders
Chief Diplomat – Treaties
& Executive Agreements
• POTUS have exclusive power to grant
diplomatic recognition to a nation (Palestine)
• POTUS have exclusive power to negotiate
treaties (Senate approves)
• In addition to treaty-making power, POTUS also
have power to negotiate executive agreements
with heads of foreign governments
• What’s the difference?
• NO SENATE RATIFICATION IS REQUIRED in this!
• Note: Treaties are binding on future POTUS, but
executive agreements are not.
• Most routine; non-controversial - food deliveries, customs
• BUT, can implement important & controversial policies
• NAFTA (Clinton), TPP, UN Paris Climate Agreements
(Obama)
Relationship with
the Media
Press Sec’y Robert Gibbs
• MUST have a good one!
• Press Secretary (part of White House
staff) deals with the press corps
• POTUS gets much access to television
spots
• POTUS gets weekly radio address to
discuss whatever he wants
• POTUS have tried to control & spin the
media since Watergate
• Which POTUS had best relationship?
Public Approval
• Polls used extensively
• Average rating of outgoing Ps is 50% or less
• During national emergencies, approval
usually increases
• Techniques that work:
• FDR & Fireside Chats
• Clinton & Town Hall Meetings
• Factors affecting opinion of POTUS:
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Pre & post election swings
Ability to handle a foreign crisis
CONDITION OF THE ECONOMY
Leadership during a domestic crisis
Ability to get programs through Congress
APPROVAL RATINGS:
IMPEACHMENT:
• The President, Vice President & other
public officials may be impeached &
tried for treason, bribery & other
high crimes & misdemeanors.
• House of Reps impeaches (indicts)
by a majority vote
• Senate holds trial (jury)
• Acquits or convicts (requires 2/3 vote)
• What happens if convicted?
• Only 2 POTUS have ever been impeached!
The Clinton Vote:
• Clinton was impeached on two counts, grand jury
perjury (228–206) and obstruction of justice (221–
212), with the votes split along party lines.
• Senate Republicans couldn’t get the two-thirds
majority for conviction.
• On Feb. 12, 1999, the Senate acquitted President
Clinton on both counts.
• The perjury charge failed by a vote of 55–45, with
10 Republicans voting against impeachment along
with all 45 Democrats.
• The obstruction of justice vote was 50–50, with 5
Republicans breaking ranks to vote against
impeachment.