The PresidencyFrom Chief Clerk to Chief Policy Maker

10 key questions at Convention

1. Shall the executive be one person or several?

2. Will Congress select the president?

3. Shall all citizens select the president?

4. Shall the president have any role in legislative matters?

5. Who shall conduct foreign policy?

6. Who has responsibility of making war ?

7. How long shall a president serve?

8. Should a president be removable between elections?

9. Shall the president alone carry out the will of Congress?

10. Shall the president have real powers?

An energetic presidentHamilton-argues for a limited

President…Fed 69: 4 year term, limited

length, removed by impeachment, vetoes overridden, C-in-C, treaties approved by Senate, can’t dissolve Congress

But a energetic presidentFed 70: “energy” in the

executive through unity, duration, adequate provision for support, competent powers(“a feeble executive implies feeble execution of the government”)

◦ The executive also a product of many compromises. (Name them)

Today, the perception of the President’s power is due mainly to the growth of the mass media, primarily television and radio, as well as the decline in party leadership in Congress

President as Head of State People look to him for

guidance and help◦ 9/11◦ Hurricane Katrina

Teddy Roosevelt first 20th century president meaning he believed the president is owed an opportunity to be president, i.e. the bully pulpit; Taft, however, believed in enumerated powers

Who else can do it? The Speaker, the Chief Justice?

President as Chief Executive“He shall take Care that the Laws be

faithfully executed.” Are there limits to the power to “take care”?

“I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution.” Lincoln and Presidential prerogative, powers the president may use under certain circumstances

Truman and Steel SeizureYoungstown Sheet and Tube v. Sawyer

On Executive Powers:“Their use can make a Lincoln or Jefferson administration; their non use can make a Buchanan or Grant administration.

Lawmaking through Executive Orderlegally binding orders given by the President, to Federal Administrative Agencies to direct federal agencies and officials in their execution of congressionally established laws or policies, however, in many instances they have been used to guide agencies in directions contrary to congressional intent.

Truman and the desegregation of the military (E.O. 9981)

It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible . . .

Lyndon Johnson and E.O. 11246

“all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:” “The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.”

Other Executive OrdersDesegregation of schools under

EisenhowerE.O. 9066 established Japanese

internment camps during WW IIKosovo War under ClintonE.O. 13233 decreed that the

papers of Reagan and H.W. Bush were restricted to the public

Only two E.O.’s have ever been overturned

Executive Privilege

Clinton and the Lewinsky case

Bush Administration and Executive Privilege

Argued that Executive Privilege precluded Congressional testimony of Harriet Miers and others regarding U.S. Attorney firings.

Vice president This job “wasn’t worth a bucket of warm piss” John

Nance Garner “The most insignificant office that ever the invention of

man contrived.” John Adams There were two brothers, “One ran away to sea, the

other elected vice president, and nothing was ever heard of either of them again.” Thomas Marshall, Wilson’s V-P, who was so out of the loop that he found out about Wilson’s paralytic stroke from a reporter and then continued to simply entertain dignitaries because didn’t’ want job

No details in Constitution for his role except to break ties; given no official residence until the 1970s

Historically, given very little power and in most cases not even recognized or noticed by the very president he served under

Truman changed that tradition by raising the salary, given a seal and was included on Cabinet meetings and part of National Security Council◦ Now they have a West Wing office, large salaries and staffs

Vice President Cheney—Executive or Not

Vice-president is president in waiting (LBJ - “a heartbeat away from presidency”)

Did Cheney run the show?

2001: Congressional probe into energy policy “would unconstitutionally interfere with the functioning of the executive branch.”

Cheney in 2007Regarding issue of handling of

classified material: the Vice Presidency is not “an entity within the executive branch.”

Claim later withdrawn

President as Chief Legislator: Innovative uses of “the veto”Pocket or “recess” veto, but Congress never

really recessesVeto: FDR 635; Bush 12 (11 when Dems took

over) Item veto: originally passed for a future Bush

victory, but Clinton won instead◦ Item veto declared unconstitutional in Clinton v. New

YorkThe Court held that by canceling only selected portions of the bills at issue, under authority granted him by the Act, the President in effect "amended" the laws before him. Such discretion, the Court concluded, violated the "finely wrought" legislative procedures of Article I as envisioned by the Framers.

The Signing Statement600 total before Bush, 1,100 by

Bush challenging constitutionality of laws-so not enforced◦Domestic spying◦“secret operations”◦Torture ban◦Obama has continued

President as Commander-in Chief The President shall be Commander in Chief of the Army and Navy of the United States

Strategic Placement of Troops: Theodore Roosevelt and the “White Fleet”

But how can he be controlled?

Korea and Vietnam: Undeclared Wars

War Powers Act, 1973The president is required to: (1) consult Congress “in every possible instance” before deploying forces abroad (relies on their collective judgment); (2) report to both houses within forty‐eight hours and periodically (3) terminate deployment within sixty days of the initial report unless Congress specifically approves or the president requests a thirty‐day extension to protect the safety of personnel.

“Act now, inform later”:Iran (Carter)Lebanon, Granada, Persian Gulf (Reagan)Panama (Bush I)Bosnia, Kosovo, Macedonia (Clinton)

IV. President as Chief Diplomat“He shall have power, by and

with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur” ◦ Executive Agreements: Prior

to 1940 the US Senate ratified 800 treaties and presidents made 1,200 executive agreements; from 1940 to 1989, presidents signed 800 treaties and approximately 13,000 executive agreements

◦ Bricker Amendment (failed)◦ Destroyers for Bases; Yalta

Conference; Laos

Other DutiesAppoints heads of government agencies,

which approved by the SenateThe President appoints federal judgesRecess appointment—can fill positions in

government if Senate is out of session (NLRB v. Noel Canning [2014] court says Senate must be out at least 10 days)

He must give a State of the Union address and can recommend legislation

The President can grant pardons to those convicted of federal crimes

THE EXECUTIVE BRANCHInner Cabinet: V-P, NSA, State, Defense, A-G, Treasury

Cabinet is independent of president and each other; advisors to president; position by patronage, tradition says the president must meet with them

EXECUTIVE BRANCH CONTINUED

“runs” government; heads of agencies chosen by president, but can’t be fired by him

Executive Office of the PresidentAgencies that perform management tasks; give advice to president

Make budget

Advise president on security matters

Advise president on the economy

The White House Office

GatekeeperFriend and advisor to president

The PresidentConstitutional requirements

◦Natural born citizen◦35 years of age◦US resident for 14 years◦Serve 2 terms (22nd amendment)◦ Impeached by House for “high crimes or

misdemeanors”, trial in Senate (only 2 impeached)

Unwritten requirements◦White males◦Protestant◦Paid $400,000/year; $50,000 spending allowance

White House: 132 room mansion on 18.3 acres

Air Force One; fleet of cars; Camp David

Benefits

Line of Succession-25th Amendment The Vice President Joseph Biden

Speaker of the House John Boehner President pro tempore of the Senate1 Patrick Leahy Secretary of State John Kerry Secretary of the Treasury Jacob Lew Secretary of Defense Chuck Hagel Attorney General Eric Holder Secretary of the Interior Sally Jewell Secretary of Agriculture Tom Vilsack Secretary of Commerce John Bryson Secretary of Labor Hilda Solis Secretary of Health and Human Services Kathleen Sebelius Secretary of Housing and Urban Development Shaun Donovan Secretary of Transportation Ray LaHood Secretary of Energy Ernest Moniz Secretary of Education Arne Duncan Secretary of Veterans Affairs Eric Shinseki Secretary of Homeland Security Janet Napolitano

Determined by when each department was created

Power of President is power to persuade

Through election victory a president can declare he has a “mandate of the people” and can achieve many of this goals with their support (not so true today)◦ Honeymoon period of President

President helped by same party domination in Congress unless he is good at appealing to bipartisanship

President can use the media for an unprecedented source of power and persuasion◦ Bully pulpit used through the media to build support for

policies and programs◦ He is one man whereas the Congress is many

President is the opinion maker, and not the follower, thanks again to the media◦ Press secretary gets word out through sound bites◦ Presidents becomes “great explainers”

LBJ and “The Treatment”

Other factors of successHigh Public approval ratingsPresidential lobbyingThreat of presidential vetoUse of patronage powers Clear presidential prioritiesNational emergencies

Growth of Presidency-George WashingtonFirst “head of state”

◦Sets many precedents that other presidents followed such as 2 terms, cabinet, “Mr. President”

Asserts the president’s control of foreign affairs by declaring neutrality in the war between France and Britain

Establishes the role of Commander in Chief by defeating the Whiskey Rebellion

He shied from policy initiatives and actually avoided the office and its trappings

Thomas JeffersonCeases delivering State of

the Union addresses in person, instead a clerk in the House read the letter for the President (a trend not broken until Wilson in 1913)

Kept a low profile, but expanded presidential authority with the Louisiana Purchase and fight with the Barbary Pirates

Abraham Lincoln

Expands army beyond legal limits and takes military action without approval of Congress

Repeals habeas corpus rights for captured soldiers

Sets the political agenda and waited for Congress to approve it, which it did◦(Congress doesn’t regain its

authority until after the Civil War)

Rise of the Rhetorical Presidencynewspaper circulation increases from 2.6 million to 15 million and population increases from 4 to 76 million (1790-1900)

Teddy Roosevelt◦ “speak softly and

carry a big stick”◦ Recognizes the

power of the media and creates the “bully pulpit”

◦ Creates a good relationship with the press corps

Woodrow Wilson◦ Wilson believed that

the President should employ speeches to create an active public opinion that will pressure Congress

◦ The President should also articulate the public’s wishes to advance HIS legislative program (create a sense of vision)

FDRPresident becomes

communicator in chief

Presidential voice becomes the dominant voice in political dialogue

FDR creates a personal and direct link with the people becomes skilled at molding public opinion

http://www.americanrhetoric.com/speeches/fdrfirstfiresidechat.html

President makes “personal appeals” to the public and looks for their support

FDR ushers in the age of “image”, which is why photographs and information on his health was controlled

Rise of television and Ronald Reagan

President always has cameras following him

There is only 1 of him, 535 members of Congress therefore he can monopolize its time and present a focused and unified message

Reagan a masterful communicator whose speeches avoided “unpleasant specifics”

Transforms State of Union address into second inaugural address

Reagan helped by his acting experience and sense of timing