Constitutional Basics

Normative ?-- Normative ?-- Hamilton, Fed No. 70. Hamilton, Fed No. 70. Energy in the Executive Energy in the Executive one person officeone person office elected for a fixed termelected for a fixed term national constituencynational constituency Vague formal powers from ConstitutionVague formal powers from Constitution

Evolution of the Presidency

1800-1933 Period of Congressional 1800-1933 Period of Congressional SupremacySupremacy Main federal policies were very Main federal policies were very

individualized or particularisticindividualized or particularistic E.g. -roads or canals, tariffs for particular E.g. -roads or canals, tariffs for particular

industriesindustries President is chief clerkPresident is chief clerk

The Modern Presidency, FDR

PolicyPolicy Wins World War IIWins World War II Ends the Great DepressionEnds the Great Depression Ends economic insecurity with Social SecurityEnds economic insecurity with Social Security Fights for working man (unions, minimum wage)Fights for working man (unions, minimum wage) Fights for farmers (income supports etc)Fights for farmers (income supports etc)

Political RamificationsPolitical Ramifications Increased expectations of presidencyIncreased expectations of presidency Increased staff, resourcesIncreased staff, resources

Consequences of Modern Pres

Chief lawmakerChief lawmaker More uses of unilateral powerMore uses of unilateral power Shift in quality and quantity of attention Shift in quality and quantity of attention

paid to presidentpaid to president http://www.whitehouse.gov/nhttp://www.whitehouse.gov/newsews

What do presidents doWhat do presidents do

Hallmarks of the Modern Presidency Increased Popular Linkage with PublicIncreased Popular Linkage with Public Increased institutional powersIncreased institutional powers

Presidential Approval

Going Public StrategyGoing Public Strategy Gallup Poll since 1948Gallup Poll since 1948

““Do you approve or disapprove of the Do you approve or disapprove of the way ___ is handling his job as president”way ___ is handling his job as president”

Why the Framers would be horrifiedWhy the Framers would be horrified

Public Approval of President

HoneymoonHoneymoon General declineGeneral decline EconomyEconomy Rally events and scandalsRally events and scandals Beyond Presidential ControlBeyond Presidential Control

Bush’s Strategy

How does Bush compare to Clinton?How does Bush compare to Clinton? How successful was Bush in going public How successful was Bush in going public

on tax cuts?on tax cuts?

Does PopularitySuccess?

Clinton’s uneven recordClinton’s uneven record

Truman, “A man who is influenced by the Truman, “A man who is influenced by the polls or is afraid to make decision which polls or is afraid to make decision which may make him unpopular is not a man to may make him unpopular is not a man to represent the welfare of the country”represent the welfare of the country”

Institutional Presidency

Jefferson in 1900 had 2 assistantsJefferson in 1900 had 2 assistants Brownlow CommitteeBrownlow Committee

““The president needs helpThe president needs help”” President not Congress should be in charge President not Congress should be in charge

of executive branchof executive branch

Implications of Instit. Pres

Radical change in system of government?Radical change in system of government? Increased presidential control of policy Increased presidential control of policy

making and centralization of the decision making and centralization of the decision makingmaking

Increases potential for screw upsIncreases potential for screw ups Iran ContraIran Contra

Reduced accountabilityReduced accountability

Ranking Post WW II Presidents

Good/GreatGood/Great TrumanTruman EisenhowerEisenhower JFKJFK

– LBJLBJ– ReaganReagan– ClintonClinton

Bad/FailuresBad/Failures NixonNixon FordFord CarterCarter BushBush

World’s Greatest Clerkship

Neustadt, Presidential Power (Al’s prof)Neustadt, Presidential Power (Al’s prof) power of president do not flow from power of president do not flow from

literary reading of constitutionliterary reading of constitution ““presidential power is power to bargain”presidential power is power to bargain” Decisions are not self executing JFK, Decisions are not self executing JFK,

Cuban Missile CrisisCuban Missile Crisis

Transition from Historical to Modern Presidency Historic PresidencyHistoric Presidency

President is a clerkPresident is a clerk Congress #1Congress #1

Modern PresidencyModern Presidency Increased popular expectationsIncreased popular expectations President #1President #1 No change in formal powersNo change in formal powers

Modern Presidents Response

Have immense staff of political, policy, and Have immense staff of political, policy, and partisan expertspartisan experts Institutional presidencyInstitutional presidency

Devote tremendous time and resources to Devote tremendous time and resources to manipulating public image manipulating public image going publicgoing public Clinton and Oklahoma City bombingClinton and Oklahoma City bombing

Are presidents stronger– YES, but expectations Are presidents stronger– YES, but expectations outstrip capacityoutstrip capacity

Limited formal powers=constant bargaining President canPresident can

Nominate judges, butNominate judges, but Propose trade treaties, butPropose trade treaties, but Propose popular legislation, butPropose popular legislation, but Propose spending less on military golf courses,Propose spending less on military golf courses, Propose executive priviledge for aides, but Propose executive priviledge for aides, but

court court Will Presidents keep their promises?Will Presidents keep their promises?

Constitutional odds are stacked against them!Constitutional odds are stacked against them!

Neustadt- President is the most distinguished office clerk Have limited formal powers, decisions are not self Have limited formal powers, decisions are not self

executingexecuting Gays in the MilitaryGays in the Military

CongressCongressSam Nunn on the submarineSam Nunn on the submarineDon’t ask, don’t tell in budget billDon’t ask, don’t tell in budget bill

C in C of MilitaryC in C of MilitaryCruising chat rooms and gay barsCruising chat rooms and gay bars3 x as many expelled3 x as many expelled

Lessons Learned

Formal powers are minimalFormal powers are minimal Can propose legislation, C in CCan propose legislation, C in C Dependent on other institutions Dependent on other institutions

Informal powers are crucialInformal powers are crucial Presidential power is power to persuadePresidential power is power to persuade Presidents have to bargainPresidents have to bargain

Informal Powers

Professional reputationProfessional reputation Electoral resultsElectoral results Bargaining with legislatorsBargaining with legislators

Personal appealsPersonal appeals The Carrot The Carrot the stick in Alabama!the stick in Alabama!

Truman, Marshall PlanTruman, Marshall Plan

Is a strong president good?

FramersFramers Can a president represent an entire nationCan a president represent an entire nation Woodrow Wilson/Teddy Roosevelt critiqueWoodrow Wilson/Teddy Roosevelt critique

Presidential Power- 2 views

It is not only the president’s "right, but his duty to It is not only the president’s "right, but his duty to do anything that the needs of the nation demanded do anything that the needs of the nation demanded unless such action was forbidden by the Congress." unless such action was forbidden by the Congress." T. RooseveltT. Roosevelt

The president can exercise no power which cannot The president can exercise no power which cannot be fairly and reasonably traced to some specific be fairly and reasonably traced to some specific grant of power .. either in the federal constitution or grant of power .. either in the federal constitution or in an act of Congress. There is no undefined in an act of Congress. There is no undefined residuum of power which he can exercise because it residuum of power which he can exercise because it seems to him to be in the public interest. William seems to him to be in the public interest. William Taft 1916.Taft 1916.

Informal Powers

Professional reputationProfessional reputation Electoral resultsElectoral results BargainingBargaining

Carrot and the stickCarrot and the stick Marshalling public opinion (going public)Marshalling public opinion (going public) Truman, Marshall PlanTruman, Marshall Plan Clinton, Gays in the MilitaryClinton, Gays in the Military

Presidential Power

Empirically, presidential power is Empirically, presidential power is increasingincreasing Increased popular linkagesIncreased popular linkages Increased institutional resourcesIncreased institutional resources

Presidents have incentive and capacity to be Presidents have incentive and capacity to be as powerful as possibleas powerful as possible

Presidential Power- 2 views

It is not only the president’s "right, but his duty to It is not only the president’s "right, but his duty to do anything that the needs of the nation demanded do anything that the needs of the nation demanded unless such action was forbidden by the Congress." unless such action was forbidden by the Congress." T. RooseveltT. Roosevelt

The president can exercise no power which cannot The president can exercise no power which cannot be fairly and reasonably traced to some specific be fairly and reasonably traced to some specific grant of power .. either in the federal constitution or grant of power .. either in the federal constitution or in an act of Congress. There is no undefined in an act of Congress. There is no undefined residuum of power which he can exercise because it residuum of power which he can exercise because it seems to him to be in the public interest. William seems to him to be in the public interest. William Taft 1916.Taft 1916.

Textbook President

Formal powers– president is unconstrainedFormal powers– president is unconstrained Normative- president ought to be powerfulNormative- president ought to be powerful President is activist, has a program, sets President is activist, has a program, sets

agenda, accepts responsibility for what agenda, accepts responsibility for what happens. happens.

Good issue based elections, unified Good issue based elections, unified government government

Normative Question

FDR, JFK, Savior model- 1950s and 60sFDR, JFK, Savior model- 1950s and 60s LBJ, Nixon Satan model, or Imperial LBJ, Nixon Satan model, or Imperial

PresidencyPresidency Ford, Carter Sampson modelFord, Carter Sampson model Reagan– partisan presidencyReagan– partisan presidency