The 44 Presidents. Limits on Presidential Power: Informal Checks

The 44 Presidents

Limits on Presidential Power: Limits on Presidential Power: Informal ChecksInformal Checks

Public OpinionPublic Opinion

In a televised address in March, 1968, President Johnson announced he would not seek the Democratic nomination for president due to sagging public support for his administration and the war in Vietnam.

President George H.W. Bush loses re-election in 1992 due in part to low public opinion of his handling of the economy.

The MediaThe Media

Woodward and Bernstein expose the Watergate cover up which ultimately led to Nixon’s resignation.

The press widely reported Bill Clinton’s “indiscretions” with Monica Lewinsky and attempt to “spin” the scandal without admitting responsibility.

PartisanPartisan PoliticsPolitics

Howard Dean, Chairman of the Democratic National Committee and vigorous critic of the Bush administration, May, 2005

Speaker of the House Newt Gingrich (R) battles President Bill Clinton (D) over the national budget resulting in the shutdown of the federal government in 1995

Congressional Congressional InvestigationsInvestigations

Oliver North testifies before Congress at the Iran-Contra hearings during the Reagan administration (1987)

Former FEMA director Michael Brown testifies before the House Select Committee on Hurricane Katrina, Sept., 2002

Interest GroupsInterest Groups

The National Organization of Women, Cindy Sheehan, and others protest the war in Iraq, April, 2006

The National Right to Life Committee and other pro-life interest groups spoke out against President Clinton’s veto of the ban on partial birth abortion, 1996

Formal Checks on Formal Checks on Presidential PowerPresidential Power

Last Page of your Last Page of your Note sheetNote sheet

Congressional Checks on the Congressional Checks on the President President (Article I)(Article I)

Make laws (ex: War Powers Resolution)

Override presidential vetoes

Power to declare war

Power of the purse (taxes and funding)

Regulation of the land and naval forces• Impeachment Power (House)

• Impeachment Trial (Senate)

Limits on Presidential Power Limits on Presidential Power (Article II)(Article II)

President elected indirectly by the people through the Electoral College

Selection of president (House) in case of no majority of electoral vote

President must deliver State of the Union address

Senate approves treaties and ambassadors

Limits on Presidential Power Limits on Presidential Power (Article II)(Article II)

• Senate approves department appointments• “Advice and consent” of federal judge

appointments (Senate)

Secretary of State Condoleezza Rice testifies at her Senate Foreign Relations Committee confirmation hearing, January, 2005.

Nominee for Chief Justice, John Roberts is sworn in at his Senate Judiciary committee confirmation hearing, September, 2005.

Judicial Checks on the PresidentJudicial Checks on the President

Judicial review (Marbury v. Madison)

Chief Justice presides over presidential impeachment trial (Article I)

Constitutional AmendmentsConstitutional Amendments

12th – Choosing president & vice- president on separate ballots

20th – Lame Duck (moved term from March to January)

22nd – Presidential term limits (2 terms; 10 years total)

25th – Presidential disability and succession

Obama

• Are individual personalities now more important than parties?

• DNC Speech

Constitutional Requirements

Qualifications - Art. II

• “natural-born citizen”

• 14 years of US residency

• 35 years of age

Constitutional Powers

• Powers/duties are very limited

• “executive power” – enact/enforce law

1. Military Power

2. Diplomatic Power

3. Appointment Power

4. Veto Power

5. Judicial Power

Military Power

• Commander in Chief (civilian control)• President can send armed forces abroad

– Congress has not declared war since 12/8/1941– Korea, Vietnam, Iraq? – all Constitutional

• War Powers Resolution, 1973– President must report to Congress within 48 hours

after deployment– If Congress does not OK in 60 days, must withdraw– Check on president, attempt to limit president

Diplomatic Power

• Create treaties with foreign nations with Senate permission, 2/3 Senate approval (advice and consent)

• Executive agreement –permission not needed, deal between heads of state, not binding to next administration

• Diplomatic Recognition – power to officially recognize foreign gov as legit– Ex. 1917-1933 – USSR not recognized– Ex. 1949-1970s – China not recognized

Appointment Power

• Power to appoint ambassadors, public officers, and Supreme Court Judges with Senate approval (advice and consent)

• Civil Service – most gov jobs under executive filled based on merit system

Timothy Geithner – Secretary of Treasury

Elena Kagan – Supreme court

Hilary Clinton – Secretary of State

Veto Power

• Veto – return the bill to house it originated

(no action within 10 days – bill becomes law)

Judicial Powers

• The Constitution gives the President the power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

• A reprieve is the postponement of the execution of a sentence.

Judicial Powers

• A pardon is legal forgiveness for a crime. Can be used before a person is charged with a crime.

• These powers of clemency (mercy or leniency) may be used only in cases of federal crimes.

Strengthening the Presidency

• Washington – set precedent for future

• Jackson – frequent use of veto power

• Lincoln – Commander and Chief to new levels of power during the Civil War

• FDR – huge influence on policy with New Deal, checked by Supreme Court

Executive privilege

• The right to privacy of conversation between advisors and president

Why?

1. Separation of powers prevents branches from sharing internal workings

2. Privacy is needed for candid advice from advisors with out political pressure

Executive Privilege

US v. Nixon

- Nixon refused to hand over recorded conversations, claiming Exec. Privilege

- Court ruled in favor of US- EP can’t be used to block the

function of the federal court procedures

Impoundment

• Presidential practice of refusing to spend money appropriated by Congress.

• Budget Reform and Impoundment Act of 1974 – president must spend funds

The President as Morale Builder

• Symbolic importance (FDR – Great Depression, Bush – 9/11)

• Unify nation

Agenda Setting

The President can control public policy and discussion through…

• The media

• State of the Union speech

• Make policy proposals

• Encourage the Congress

Executive Orders

• President issues executive orders that have force of law

• Ex – power to enforce the Constitution, treaties, laws, etc.– FDR – allowed Japanese internment– Truman – integrate military– Eisenhower – desegregate public schools

Line-Item Veto???

• Should the President be able to veto certain parts of a bill, and not other parts?

• Line-Item Veto Act 1996

• Clinton v. City of New York (1997) – law found unconstitutional

Gridlock

• Divided government – President and Congress majority represent different political parties

• “gridlock” – the inability to accomplish goals– Con – government operation shuts down– Pro – slows the decision making process,

example of check and balance

Vice President

• Balance the Ticket to get elected

• Preside over the Senate, tie breaking vote

• Takes over the presidency if the President cannot finish term

• 12th Amendment – voters choose President and VP together– Previous to 1804, the losing candidate

became VP

White House Office

• “Pyramid” model – assistants answer to a hierarchy up to a chief of staff (few top advisors to president, president free but isolated) – example: Reagan & Eisenhower

• “Circular” model – direct contact with staff (many top advisors to president, president busy but connected) example: FDR & Kennedy

• Significance: determines what aids have the most influence on presidential decisions

Executive Office of the President (EOP)

• National Security Council – advises on military and foreign policy

• Office of Management and Budget – prepares national budget, largest office

• National Economic Council – advises with economic planning

The Cabinet

• 15 major department heads advising president

• “Inner cabinet” – Secretary of State, treasury, attorney general, and defense

John Kerry – Secretary of State Chuck Hagel – Secretary of Defense

Presidential Disability and Succession

• 22nd Amendment – limited President to 2 terms, serving no more than 10 years

• 25th Amendment – If the VP office is vacated, then the President can select a new VP

Impeachment

• House impeaches, Senate tries the president, Chief Justice presides over the trial

• Two presidents impeached, neither removed (Andrew Johnson, Bill Clinton)