The Presidency

The Executive Function Each branch has a primary function

and virtue

Executive Function - Executing the Law (power of the sword)

Executive Virtue - Energetic Action

Institutional Design to Match Function

What makes them powerful?

Decision, Activity, Secrecy & Dispatch

Accountability

Why do you need a President?

Rule of a Single Man

Need a Strong Individual who can give us direction.

Problems of Law

Complexity

Not Self-Executing

Cannot possibly foresee every event

Prerogative Power

Lessons Learned from the Articles Lessons learned from the Articles of

Confederation

Executive power restrained initially.

Legislative power became predominantleading to legislative tyranny.

This showed a need for an independent, national executive

All situations cannot be foreseen need someone to lead.

Creating the Presidency American Founders sought to remedy

problems of Articles.

How did they make it energetic?

Vested in a single person

Congress does not select

Four Year Term

Substantial Constitutional Powers

How did they make it accountable?

Each branch is supreme within sphere

Checked by other branches often

Vesting clauseThe executive Power shall be vested in a President of the United States of America. (Article II, Section 1)

How does this differ from Congress vesting clause?

Constitutional Powers and Duties The Constitution empowers a president to do certain things

Commander-in-ChiefOpinions in WritingPardon TreatiesAppointmentVeto

Constitution provides powers that cannot be taken away by Congress.

Constitutional Powers and Duties

The Constitution places duties on a president that they must do.

State of the UnionReceive AmbassadorsTake Care that the Laws be Faithfully ExecutedCommission Officers of U.S.

The President is the only federal officer required to take an oath of office.

Informal Sources of Presidential Power

Presidential Popularity

More popular better suited to get people to listen to you

Less popular, you are a liability to your party

Rhetorical Ability

Presidents who can speak better are more successful

Scandals and Public Perception

Public perceptions determine how you use your legal powers

Roles of the PresidencyFormal Roles Commander-in-Chief Top Diplomat Policy Initiator Head of Bureaucracy Chief Law Enforcement

OfficerInformal Roles Head of State Chief of Party Economist-in-Chief

Characteristics of the Office

Natural-born American citizen

At least 35 years of age

A resident of the United States for at least 14 years

_____________________________

Term of 4 years

May only serve for 10 years total

VP takes over last two years of predecessors term

National Constituency

Considerations about Term Limits Importance of re-eligibility

President may not try to acquire public good

Incentivize staying within the boundaries of the law

Experience/Wisdom important for leaders

Changed with the 22nd Amendment (1951)

The Early Presidency

We had a limited constitutional role of the President originally

Sentiments of the Washington very different than modern presidents

National government originally very small.

The Early Presidency

First presidents were very cautious

EX: Thomas Jefferson

Post-New Deal Change

Washington: The precedent setter

Office designed with Washington in mind

Six Precedents:

1.Circumventing Congressional power grabs

2.Establishment of a Cabinet

3.Removal Power of officials in executive branch:

Washington: The precedent setter

Six Precedents:

4. Exercise of Take Care Clause (Whiskey Rebellion).

5. Chief foreign policy actor:

6. Two-term presidency

Andrew Jackson & The Constitutional Presidency

Appealed over the heads of Congress directly to the people

Creation of a mandate

First use of veto for policy disagreement on the National Bank

Lincoln & The Constitutional Presidency

Lincoln remembered for his leadership and for his forceful use of executive authority in order to preserve the Union.

Lincoln extended the use of presidential prerogative (exercised the full extent of his office) due to the civil war.

Theodore Roosevelt: The beginning of the rhetorical presidency?TR cultivated public opinion through use of the bully pulpit

Founders concerned about demagoguery

Stewardship theory of the presidency

Woodrow Wilson & The Modern Presidency

President should rely on shaping public opinion

Use of rhetoric relevant

President representative of national opinion

President should be legislative leader

A Wilsonian Understanding of the Constitution

The Constitution was founded on the law of gravitation. The government was to exist and move by virtue of the efficacy of checks and balances. The trouble with the theory is that government is not a machine, but a living thing. It falls, not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin, not to Newton. It is modified by its environment, necessitated by its tasks, shaped to its functions by the sheer pressure of life.

No living thing can have its organs offset against each other, as checks, and live.

A Wilsonian Understanding of the Constitution

Living political constitutions must be Darwinian in structure and in practice. Society is a living organism and must obey the laws of life, not of mechanics; it must develop. All the progressives ask or desire is permissionin an era when development, evolution, is the scientific wordto interpret the Constitution according to the Darwinian principle. Wilson (1912)

Checks and balances outdated.

FDR & The Modern Presidency Fireside chats

Federal government directly responsible for well-being of Americans

Long-term changes to presidency

Structure of the Executive Branch

Unity

Command and Responsibility

Personnel

Vice Presidency

Executive Office of the President

Cabinet

Problems of a Large Bureaucracy (see next slide)

Groupthink

Magnitude of Government

The Presidency and Other Branches: Cooperation VS Conflict

Depending on the issues they handle, presidents may mix up strategies in order to obtain their goals:

Deliberation (on merits of policy)

Bargaining

Congressmen pursue a similar strategy

Vetoes

Presidents Use of Direct Authority:

Proclamations

Executive orders

Signing statements

Recess appointments

Executive agreements

Constitution and War Powers

Congress:

Declare War

Raise & Regulate Military

Appropriate Funds

President:

Commander-in-Chief

Vesting Clause

Treaty Power

Conflict between the branches is never fully resolved, but encourages political deliberation

Key Provisions of the War Powers Resolution of 1973Definition of the

Presidents Power to put Forces in Combat

Consultation with Congress

Reporting to Congress

Withdrawing Troops

Factors in Presidential LeadershipPublic support

Events and issues

Rally round the flag effect

Economy

The televised presidency

Kernell: Going public

Potential issue with overuse

The Illusion of Presidential Government

Negative press portrayals and consequences for a president.

Credit claiming/Avoiding blame

Picture above details results from a 2012 poll.