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The Presidency
Week 10
Chapter 10 in Wilson
The President
Where in the Constitution? Article II
How important to Madison and the Founders? 2nd, after Congress??? Clearly important: Absence of an executive was
one of the main problems with the Articles of Confederation.
The President: Constitutional Roles--Article II
Commander in Chief Controls the Military Commands in time of war Declares war
NOT !!! Power to send in troops has always been a
huge source of power Can effectively commit the nation without a
declaration of war
The President: Constitutional Roles--Article II
Director of U.S. Foreign Relations Conducts all foreign affairs Sends ambassadors
Nominates them – confirmed by the Senate
Receives ambassadors Negotiates treaties
Signs them – ratified by the Senate
The President: Constitutional Roles--Article II
Chief Executor CEO: Runs the government Presents and manages a federal budget Entire federal government answers to him Implements legislation
Oversees the translation of legislation into policy and procedures
Enjoys some degree of discretion in interpreting law – to create detailed policy
The President: Constitutional Roles--Article II
Chief Executor Oversees law enforcement
Appoints Attorney General Determines policy on when to fight in
court to defend laws and when to surrender to claims of unconstitutionality
The President: Constitutional Roles--Article II
Head of State Ribbon-cutter in Chief
Ceremonial roles: Domestic and Foreign
Pardons and reprieves Grant a Pardon
Wipe a conviction clean Grant Clemency
Lift or reduce sentence for humanitarian reasons Commute a Sentence
Reduce a sentence to a lesser level
The President: Informal Roles
Cheerleader in Chief
Party Leader
Spokesman to the World
Mourner in Chief
National Pastor ???
Presidential Power
Sources of Presidential Strength Constitutional Powers Election Mandate -- NATIONAL Personal magnetism and skills Political Party Family: Especially the First Lady Millions of employees:
Cabinet Appointees Federal bureaucracy
Presidential Power
Sources of Presidential Weakness Constitutional balance
Congress’s powers Supreme Court’s powers
Personal weaknesses Limited time and limited tenure
Presidential Power
Sources of Presidential Weakness Millions of employees
Cabinet & appointees Tendency to “go native”
Civil Servants Civil service protection Can resist and drag feet
Power Balance:Ascendancy of the Presidency
The Framer's Original Intent: Relatively weak leader Carries out the will of Congress on
domestic front Strong in international affairs Always constrained by Constitution
and Congress
Power Balance:Ascendancy of the Presidency
The Power of War Presidents use Commander in Chief role to
expand power Lincoln conduced Civil War without Congress
Nation tends to rally round the president in times of war
Presidents manipulate that rally-round-the-President phenomenon Wag the dog??
Power Balance:Ascendancy of the Presidency
The Power of War: Presidents manipulate it? WW II: Roosevelt finally gets his New Deal policies
once we’re at war Viet Nam: presidents sidestep Congress to achieve
their own goals, build anti-communist credentials Iraq war, Desert Storm 1991: GHW Bush bolsters
popularity and seems unbeatable Afghanistan and Iraq war now: GW Bush gained
stature and respect as a “War President” that boosted his ratings and won him reelection in 2004
Power Balance:The President CheckedWar Powers Act, 1973 Passed, vetoed, overridden, Supreme Court challenge – it lives!!!
Congress limited the President Requires presidents to consult Congress before any
action except in emergency Requires presidents to inform Congress within 48
hours of committing troops President must get congressional approval to
keep troops engaged Funding ends in 60 days without Congress’s
approval Exceptions and extensions effectively give a
president about 120 days to get troops out if Congress won’t comply
Power Balance:The President Checked
Watergate
Conspiracy and disgrace of Watergate weakened the president for some time
Power Balance: The Tug-of-War Continues...
9/11 and war… Presidential power ascends Patriot Act Wire taps and record searches without
warrants Military Tribunals and Geneva
Convention Supreme Court reigns in many excesses
Democratic victory in Congress -- 2006
Things to think about:
The Vice President The First Lady The Cabinet
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