Ch. 12 The President

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Warm Up!

• Supreme Court Justice Breyer!– 3 Facts– Annotate

Obama

• Are individual personalities now more important than parties?

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Bush

Can the President control public discussion?

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Clinton, Reagan, Nixon

Does a president have to be “moral” in order to be a good president?

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Nixon

Do Americans need a President to have trustworthy character?

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Eisenhower

Must the modern President always be involved in everything or have a solution for everything?

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Franklin Delano Roosevelt

What role does confidence in the President have on American morale?

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FDR

Does a lot of action and policy creation make a President “great”?

Can a President be “great” if not much is changed during their Presidency?

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Constitutional Requirements

Qualifications

• Art. II

• “natural-born citizen”

• 14 years of US residency

• 35 years of age

• THAT’S IT!!!

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Constitutional Powers

• Powers/duties are very limited

• “executive power” – enact/enforce law

1. Military Power

2. Diplomatic Power

3. Appointment Power

4. Veto Power

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Military Power

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

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

• War Powers Resolution, 1973– Prez 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

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Diplomatic Power

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

• Executive agreement – not permission 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

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• What are the requirements to be president?

• What are the executive powers?

• What are the War Powers Resolution?

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

John RobertsJanet Napolitano Susan Rice

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Veto Power

• Veto – return the bill to house it originated

(no action within 10 days – bill becomes law)

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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

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Executive privilege

• The right to privacy of conversation between advisors and prez

Why?

1. Separation of powers prevents branches from sharing internal workings

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

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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

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Impoundment

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

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

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The President as Morale Builder

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

• Unify nation

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Agenda Setting

The President can control public policy and discussion through…

• The media

• State of the Union speech

• Make policy proposals

• Encourage the Congress

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Executive Orders

• Prez 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

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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

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Gridlock

• Divided government – Prez 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

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Vice President

• 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

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White House Office

• “Pyramid” model – assistants answer to a hierarchy up to a chief of staff (few top advisors to prez, prez free but isolated)

• “Circular” model – direct contact with staff (many top advisors to prez, prez busy but connected)

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

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Executive Office of the President

• 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

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The Cabinet

• 15 major department heads advising prez

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

Hillary Clinton – Secretary of State Robert Gates – Secretary of Defense

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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

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Impeachment

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

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

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