Govt 1358 Slide Summaries

GOV 1358:

Presidential Power in the United States

Overview and Introduction:

The Essence of Presidential Power in the United States

January 26, 2015

What will we be doing?

Goals Overview Methodology Requirements Target Audience

The Essence of Presidential Leadership

A Clerkship?

An Imperial Presidency?

What is power?

How much power does the president have?

What do we expect of the president?

Does the president have the power to do what we want

him to do (when we want him to do it)?

A heroic president?

Dual Role

Head of State Head of Government

Sources of Presidential Power

Formal The Constitution Congress Courts Executive Authority Federalism

Informal The Public Political Parties Bureaucracy Media Events History Skills

Constraints on Presidential Power

Formal The Constitution Congress Courts Executive Authority Federalism

Informal The Public Political Parties Bureaucracy Media Events History Skills

The Exercise of Power Today

Course video

In Summary

Questions?

GOV 1358:


The Constitutional Origins of


January 28, 2015

The Framers Experience


What were the framers personal experiences with executive power?

How did those experiences shape their views of executive power?


Theoretical Experience Political Theory History

Practical Experience King George and the Colonial Governors The Articles of Confederation

The Declaration of Independence

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power. For Quartering large bodies of armed troops among us:

The Declaration of Independence

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For taking away our Charters, abolishing our most valuable Laws, and altering

fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to

legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging

War against us. He is at this time transporting large Armies of foreign Mercenaries to complete the

works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

The Articles of Confederation

No executive branch Execution of laws left to states Members of Congress chosen, paid, and

recalled by state legislatures Each state had one vote Congress cannot levy taxes or regulate

interstate commerce No national army, only state militias

Debates over the presidency at the Constitutional Convention

Major debates How to elect the President (and how long will he

serve)? Will there be one or several presidents? Appointments

Minor debates The veto power War powers and treaties The executive power

Debates and Ambiguities

a single man would feel the greatest responsibility and administer the public affairs best (John Rutledge)

the executive magistracy [i]s nothing more than an institution for carrying the will of the Legislature into effect (Roger Sherman)

More debates among the framers

I wish that at the end of the four years they had made [the president] forever ineligible a second time (Thomas Jefferson)

[I wish the convention had] given more power to the President and less to the Senate (John Adams)

Opposition to the executive

Your president may easily become a King. If your American chief be a man of ambition, how easy it is for him to render himself absolute: The army is in his hands, and if he be a man of address it will be attached to himand what have you to oppose this force? What will then become of you and your rights? Will not absolute despotism ensue? Patrick Henry, opposing ratification by the

state of Virginia

Hamiltons Defense

Energy in the executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of propertyto the security of liberty against the enterprises and assaults of ambition, faction and anarchy. Federalist No. 70

A look at the Constitution

http://www.usconstitution.net/const.html

The Vesting Clauses

All legislative Powers herein granted shall be vested in a Congress of the United States Article I, Section 1

The executive Power shall be vested in a President of the United States of America. Article II, Section 1

The Constitutional Powers of Congress The Congress shall have Power To lay and

collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy; To make Rules for the Government and

Regulation of the land and naval Forces; To provide for calling forth the Militia to

execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

The Constitutional Powers of the President

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

He may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

He may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;

He shall receive Ambassadors and other public Ministers;

He shall take Care that the Laws be faithfully executed,

and shall Commission all the Officers of the United States.

The Ambivalence of Executive Power:

A Two-Track Executive

Energy

Accountability

Presidents on Presidential Power


The President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power... Such specific grant

must be either in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no undefined residuum of power

William Howard Taft


Every executive officer [is] a steward of the people it [is] not only his right but his duty

to do anything that the needs of the Nation demand[s] unless such action [is] forbidden by

the Constitution or by the laws I did not usurp power, but I did greatly broaden

the use of executive power

Theodore Roosevelt


Was it possible to lose the nation, and yet preserve the constitution?...

I felt that measures, otherwise unconstitutional, might become lawful, by becoming

indispensable to the preservation of the constitution, through the preservation of the

nation

Abraham Lincoln


When the President does it,

that means that it is not illegal

Richard Nixon

Growth of Presidential Power

Presidents: Some presidents have used the influence of their office to increase the scope

of presidential power The nature of the office: The presidency is a unitary office with one leader, capable of

quicker decisions than Congress or the courts Political time: Certain times and situations demand greater displays of presidential

power than others, so presidential power expands (or contracts) depending on the context The public: As the role of the federal government has grown and the country has

endured wars and other major crises, citizens have looked to the presidency for decisive leadership

The Congress and the courts: Congress, and at times the courts, have granted more authority to the executive branch

The bureaucracy: The presidents staff has grown over time, allowing involvement in more areas of government

The media: The president has a unique ability to use the mass media to attract public attention to his policies and goals

Others

In Summary

Questions?

GOV 1358:

Presidential Power in the U.S.

Power as Bargaining:

The Power to Persuade

February 2, 2015

Richard Neustadt and the Study of Presidential Power

The Context

The Objective

The Audience

Does the President have the power to do what we want

him to do (when we want him to do it)?

Understanding the Argument

The President as Clerk Weak is the word with which to start Separate institutions sharing power

(to share is to limit) Mismatch between expectations placed on

the President and his ability to meet those expectations

The Limitations of Command

Hell sit here and hell say, Do this! Do that! And nothing will happen.

Poor Ike it wont be a bit like the Army. Hell find it very frustrating.

The Essence of the Argument

The power of the President is the power to persuade and the power to persuade is the

power to bargain

Sources of Power

Formal powers

Informal powers Professional Reputation (inside Washington) Public Prestige (outside Washington)

Presidential Power

Skills and Will

The Role of Leadership The President as Educator

An Activist President

Whats good for the President is good for the country

FDR as leader

Other examples

Advice to the President

A Presidents choices endanger or empower him

Act today with an eye on the future Theres no salvation by staff Avoid Hazards of Transition Others

Methodology

Case studies and anecdotal evidence

Time-bound argument? Measurement issues

Assessing the Argument

In Summary

Questions?

GOV 1358:


Power as Direct Action

February 4, 2015

Understanding the Argument

The Context The Office and its Powers

The Tools

Executive Directives and Other Executive Tools

What are they? Types:

Executive Orders Proclamations Executive Agreements Presidential Memoranda Administrative Orders National Security Directives Determinations Letters Signing Statements Others

The Limitations of Command?

Will the President sit here and say,

Do this! Do that! And nothing will happen? From where is the Presidents frustration likely

to come? What can the President do about it?

Presidential Power

Emphasis away from Distinction between Formal and Informal Powers Presidents Skills and Will The Role of Leadership

Focus on Institutional Advantages of the Presidency

(Structure, Resources, and Location in a system of separated powers)

Institutional Factors facing the President (Composition of Congress and the courts, divided government, public approval, time in office, etc.)

The Essence of the Argument

Weak is not the word with which to start The President as an Institutional Actor Effect of the Separation of Powers on the

Presidency The power of the President is not the power

to persuade

The Stroke of the Pen

To make policy, presidents need not secure the formal consent of Congress, the active support of bureaucrats, or the official approval of justices. Instead, presidents simply set public policy and dare others to counter. For as long as Congress lacks the votes (usually two-thirds of both chambers) to overturn him, the president can be confident that his policy will stand.


The Logic of the Direct Action Model

First Mover Advantage Single Actor

The Logic of the Bargaining Model


The Theory

The Evidence

Evaluating the Argument

Methodology Critiques of the argument

Questions?

GOV 1358:


Power as Going Public

February 11, 2015

Going Public

The Rise of the Rhetorical Presidency Defining Going Public The essence of Kernells argument

Going Public has replaced bargaining The reasons why The evidence Evaluating the relationship between the

President and the public

The Rise of Going Public

How Washington has changed Institutionalized Pluralism Individualized Pluralism

How presidents have changed

The role of new technologies

The Evidence

Presidential Rhetorical Activity Franklin D. Roosevelt George W. Bush

The Effectiveness of Going Public

How often? Where?

On what issues?


Methodology Critiques of the argument

Which Public?

Going Public: Does it work?


The future of the public presidency

Questions?

GOV 1358:


Power as Opportunity

February 18, 2015

Power as Opportunity

Edwards argument in The Strategic President The Objective: Evaluate Neustadts argument The Focus: The Public and the Congress Defining Leadership Persuasion, Opportunity, and Leadership Presidents as Facilitators Understanding the Limits of Persuasion

Power as Opportunity:

Leadership as Facilitation

If not persuasion, then what? The most effective presidents do not create opportunities by reshaping the

political landscape. Instead, they exploit opportunities already present in their environments to facilitate significant changes in public policy. Recognizing and exploiting opportunities for change, rather than persuasion, are the essential presidential leadership skills.

The Strategic President

Leading the Public: Best Test Cases

Lincoln FDR Reagan

Leading the Congress: Best Test Cases FDR Johnson Reagan

The Strategic President

Leading the Public: Exploiting Existing Opinion Framing Issues Increasing the Salience of Popular Issues Clarifying Opinion Channeling the Public Exploiting Fluid Opinion Leading the Congress: Less Favorable Contexts Bush 41 Bush 43

Reassessing Leadership

Lessons for Scholars

Lessons for Presidents

Methodology

Case Studies (Best Test Cases)

Public Opinion Data

Congressional Support Data

Assessing the Power to Persuade:

Leadership at the Margins

Questions?

GOV 1358:


Presidential Power in Political Time

February 23, 2015


Introduction

The Presidency in American Political Development

How to evaluate?

Stephen Skowroneks

The Politics Presidents Make

The Objective Historical Institutionalism and

the Role of History The Cycles of Presidential History The Modern-Traditional Divide Secular vs. Political Time

The Central Claim

Presidential power has an inherently disruptive political effect and presidential leadership is a struggle to resolve that effect in the reproduction of a legitimate political order The tendency for politics to cycle over broad spans of time, is but one of the likely consequences of this dynamic as it gets played out in different ways by successive incumbents coming to power in new situations. Another, more important consequence is that leadership outcomes turn less directly on the powers or institutional resources of the presidency than on the incumbents contingent political authority or warrants for changing things.


The leadership problem Presidential power is both disruptive (order-

shattering effects) and affirming at the same time (order-affirming purpose)

The power to recreate order hinges on the authority to repudiate it


The concept of Political Time The determinants of Political Time

Previously established commitments (vulnerable or resilient)

Presidents political identity (affiliated or opposed)

Recurrent Structures of Political Authority

Presidents Political Identity

--------------------------- Previously Established

Commitments

Opposed

Affiliated

Vulnerable

Politics of

Reconstruction

Politics of

Disjunction

Resilient

Politics of

Preemption

Politics of

Articulation

Recurrent Structures of Political Authority

Presidents Political Identity

--------------------------- Previously Established

Commitments

Opposed

Affiliated

Vulnerable

Examples:

Jefferson, Jackson, Lincoln, FDR,

Reagan

Examples:

Pierce, Carter

Resilient

Examples:

Eisenhower, Clinton

Examples:

Polk, Kennedy

Cycles of Presidential Leadership

Regime generation, degeneration, and regeneration

The cycles of presidential leadership Jeffersonian Era (1800-1828) Jacksonian Era (1828-1860) Republican Era (1860-1932) New Deal Era (1932-1980) Conservative Era (1980-)

Emergent Structures of Presidential Power

Mode of governmental

operations

Period of prominence

Characteristic presidential resource

Typical presidential strategy

PATRICIAN

1789-1832

Personal reputation among notables

Stand as national tribune above faction and interest

PARTISAN

1832-1900

Party organization, Executive patronage

Manipulate distribution of patronage to party factions and local machines as broker for the national coalition

PLURALIST

1900-1972

Expanding executive establishment attending to countrys new interests and needs

Bargain with leaders of institutions and interest groups as steward of national policymaking

PLEBISCITARY

1972-present

Independent political apparatus and mass communications technologies

Appeal for political support over the heads of Washington elites directly to the people

A look at our last few presidents

Carter and the Politics of Disjunction Reagan and the Politics of Reconstruction Bush 41 and the Politics of Articulation Clinton and the Politics of Preemption Bush 43 as Orthodox Innovator Where does Obama fit in?

Assessing the Political Time Thesis

Methodology Critiques of the Argument

GOV 1358:


Power and Personality

in the American Presidency

February 25, 2015

The Psychological Presidency

Introduction

The President as an individual How to evaluate?

James Barbers

The Presidential Character

The Objective The Argument Personality and Performance The role of the individual:

Psychology and History Political Science?

The Elements of Presidential Personality:

Character

The way the President orients himself toward life Self-esteem and pleasure taken in meeting challenges Openness to criticism How the President feels about himself How he thinks rationally under criticism or stress Attitude toward learning the job Developed early in life during childhood


Worldview

How the President sees the world His primary, politically relevant beliefs, particularly his

conceptions of social causality, human nature, and the central moral conflicts of the time

Developed in adolescence


Style

The way the President goes about doing what the office requires him to do

The habitual way the President has of doing things. Things like reliance on rhetoric, personal relations, and homework

How the Presidents sets the tone for the White House (Formal or informal, consensual or promotive of diverse viewpoints, hierarchical or decentralized)

How the President deals with the media, the public, other politicians; how he manages the endless flow of details

Developed in early adulthood

The Elements of Presidential Personality

According to Barber, the three psychological components of character, style, and worldview comprise a pattern of motives, habits, and beliefs that result in behaviors that are evident throughout life and that are not easily changed

The Elements of Presidential Personality

Character colors both the Presidents style and

worldview, but it does not determine them It conditions the processing of information,

the consideration of options, and the making of decisions.

It is the most important thing to know about a president or candidate

Barbers Presidential Character Typology

Based on two concepts:

activity levels and affect

Activity levels are the energy brought to the job (active-passive)

Affect is the level of satisfaction that is obtained from doing the job (positive-negative)

Affect toward the presidency

-------------------------- Energy directed

toward the presidency

Positive

Negative

Active

Adaptive: This presidential type is characteristic of an energetic president who enjoys his work and who tends to be productive and capable of adapting to new situations. Such a person generally feels confident and good about himself.

Compulsive: This type describes a president who works hard but does not gain much pleasure from it, and who tends to be intense, compulsive, and aggressive. He may pursue his public actions in a self-interested manner. Such a person generally feels insecure and uses his position to overcome those feelings of inadequacy and even impotency.

Passive

Compliant: This type describes a relatively receptive, laid-back individual who wants to gain agreement and mute dissent. Such a person is apt to feel pessimistic and unloved at a deep psychological level. The passive-positive president attempts to compensate for these feelings by being overly optimistic and by continually trying to elicit agreement and support from others.

Withdrawn: This presidential type can be said to abhor politics and withdraw from interpersonal relationships. Such an individual is ill-suited for political office, much less the nations highest one. He or she suffers from low-self esteem and a sense of uselessness and is apt to take refuge in generalized principles and standard procedures.

Affect toward the presidency

-------------------------- Energy directed

toward the presidency

Positive

Negative

Active

Examples: Thomas Jefferson, F.D.R., Harry Truman, John F. Kennedy, Gerald Ford, Jimmy Carter, George H. W. Bush, Bill Clinton

Examples: John Adams, [Abraham Lincoln], Woodrow Wilson, Herbert Hoover, Lyndon Johnson, Richard Nixon

Passive

Examples: James Madison, William Howard Taft, Warren Harding, Ronald Reagan.

Examples: George Washington, Calvin Coolidge, Dwight Eisenhower.

Assessing the Psychological Presidency

Methodology Critiques of the Argument

Other Evaluations of Presidential Performance

Fred Greenstein and Presidential Leadership Style:

The Presidential Difference A president's effectiveness is a function of more than his

political prowess and mental health Focuses on six qualities of presidential job performance:

Public Communication Organizational Capacity Political Skill Vision Cognitive Style Emotional Intelligence

All Together Now: Assessing Theories of Presidential Power

The role of political skill and persuasion The role of institutional constraints and opportunities The role of public appeals and support The role of strategy The role of context and political time The role of personality Is there common ground? How do we make sense of all this? Theory and Practice:

Assessing presidential power today

Questions?

Midterm Review

GOV 1358:


The Legislative Face of Presidential Power

March 4, 2015

One Presidency,

Four Faces of Presidential Power

The Legislative Face The Executive Face The Judicial Face The Rhetorical Face

The Legislative Face of Presidential Power

The Source

The Evolution The Tools

The Tools of the Legislative Face

Formal (Constitutional) Inform Congress from time to time on the State of the Union Recommend necessary and expedient legislation Sign or veto legislation Convene Congress when deemed appropriate VP: Serve as President of the Senate and vote in case of tie Formal (Statutory) Give annual report on the state of the economy, according to

the Employment Act of 1946 Propose an unified federal budget, according to the Budget

and Accounting Act of 1921 and the 1974 Budget Act Produce other reports

The Tools of the Legislative Face

Informal Agenda setting Veto threat Agency control Implementing legislation Building coalitions Exerting political pressure Dispensing favors

Sources of Conflict between the President and Congress

Constitutional Institutional Organizational Resources Constituencies Time horizon Expertise and access to information Partisan: Divided Government Different duties and responsibilities

Changes in Congress

Fragmentation and decentralization of power and authority Specialization and independence Democratization Openness Workload Electoral Consequences

The Importance of Context

Presidents may be more successful in Congress when:

Partisan forces are favorable Public opinion is favorable Economic abundance exists Wartime and national crises result in rally-around-the-flag

effect What about the Presidents skills?

The Importance of Timing

Honeymoon effects? Electoral effects? Lame-Duck effects?

Cycle of increasing effectiveness and decreasing influence

Presidential coattails?

Measuring the Presidents Influence

in Congress

Presidential Box Scores Presidential Support Scores Presidential Success Scores Other quantitative measures? Qualitative measures

Looking at the data

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Presidential Coattails House of Representatives

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Midterm House Elections for President's Party

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1934 1938 1942 1946 1950 1954 1958 1962 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014

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Election Year

Midterm Senate Elections for President's Party

Presidential Success in the House and Senate

Party Unity in Congress

Questions?

GOV 1358:


The Executive Face of Presidential Power

March 9, 2015


Executive Directives Regulations Budgetary Control Appointments Administrative Control


The Source


Executive Directives

What are they? Types:

Executive Orders Proclamations Executive Agreements Presidential Memoranda Administrative Orders National Security Directives Determinations Letters Signing Statements Others


The Logic of Executive Action

First Mover Advantage Single Actor

The Logic of Legislative Action

Presidential Directives (1789-2008)

Regulations

The Administrative Procedure Act of 1946 defines rules as the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency. According to President Fords Domestic Council Review Group on Regulatory Reform, federal regulations are laws or rules which impose government established standards and significant economic responsibilities on individuals or organizations outside the federal establishment.

Regulations

How are they formulated? The role of the OMB How do we measure their impact?

Number of Pages in the Federal Register and Number of Pages of Public Statutes Enacted

Federal Regulatory Spending and Staffing

The Budget

Historical Development and Evolution The Presidents Budget

The Budget and Accounting Act of 1921 The Congressional Budget and Impoundment Control

Act of 1974

Agenda Setting Discretionary Spending A Shared Power

Budgetary Discretion

Budgetary and Spending Priorities Lump-Sum Appropriations Emergency and Contingency Funds Reprogramming of Funds Transfer of Funds Commitment of Funds Covert Financing Impoundments Rescissions and Deferrals

The OMB

What it does The Presidents Budget Legislative Clearance Regulatory Analysis

Importance Politicization The CBO

The Budget Process: Timetable Calendar Year Prior to Year in Which Fiscal Year Begins

Spring: OMB issues planning guidance to executive agencies Spring and Summer: Agencies begin development of budget requests July: OMB issues annual update to Circular A-11, providing detailed

instructions for submitting data and material for agency budget requests

September: Agencies submit initial budget requests to OMB October-November: OMB reviews agency budget requests in relation to

Presidents priorities, program performance, and budget constraints November-December: President, based on recommendations by OMB

director, makes decisions on agency requests. OMB informs agencies of decisions, commonly referred to as OMB "passback

December: Agencies may appeal these decisions to the OMB director and in some cases directly to the President

The Budget Process: Timetable Calendar Year in Which Fiscal Year Begins

By first Monday in February: President submits budget to Congress February-September: Congressional phase. Agencies interact with

Congress, justifying and explaining Presidents budget By July 15: President submits mid-session review to Congress August 21 (or within 10 days after approval of a spending bill): Agencies

submit apportionment requests to OMB for each budget account September 10 (or within 30 days after approval of a spending bill): OMB

apportions available funds to agencies by time period, program, project, or activity

October 1: Fiscal year begins

The Budget Process: Timetable Calendar Years in Which Fiscal Year Begins and Ends

October-September: Agencies make allotments, obligate funds, conduct activities, and request supplemental appropriations, if necessary. President may propose supplemental appropriations and deferrals or rescissions to Congress

September 30: Fiscal year ends

The Budget Process: Timetable

The Federal Budget

http://www.whitehouse.gov/omb/ http://www.cbo.gov

http://www.gpo.gov/fdsys/

Executive Appointments

Presidential Appointments: Advice and Consent

Inferior Officer Appointments

Recess Appointments

Executive Appointments

Goals Policy: Formulation and Implementation Politics: Patronage, Symbolic Representation Context Competence vs. Loyalty?

Total Number of Federal Government Appointees and Percentage Appointed

Administrative Procedures

Personnel Management

Politicization and Centralization Other Institutional Procedures

Administrative Procedures

Do we always know about them?

How do we measure them?

Other Executive Powers:

Executive Clemency

Pardons Commutations Remissions of fines Reprieves

Questions?

GOV 1358:


The Judicial Face of Presidential Power

March 11, 2015

The Judicial Face of Presidential Power

The Source


The Tools of the Judicial Face

Direct Seeking judicial outcomes by directly intervening in court

proceedings Initiating legal proceedings by filing suit in court Challenging suits brought against the federal government Declining to challenge suits brought against the federal government Filing amicus curiae briefs

Indirect Seeking judicial outcomes by indirectly affecting court

proceedings Judicial Appointments and Court-packing (long-term) Informal court lobbying and coalition building (short-term)

The Importance of Context

Presidents may be more successful in court when: Partisan/ideological forces are favorable Public opinion is favorable Legal precedent is favorable Policy area is favorable: domestic vs. foreign policy Congressional support for presidential action is favorable:

Youngstown concurring opinion Wartime and national crises demand swift presidential action Others?

The Presidents Judicial Strategy

The logic of the presidents judicial strategy

How is it different from other strategies?

Critiques of the argument

The Presidents Judicial Strategy

What is the role of the Solicitor General and other presidential representatives before the court?

How often do they behave as presidential agents? How independent are they?

How involved is the president and his staff in setting a judicial strategy?

Evaluating the Presidents Judicial Strategy

How de we know the president is pursuing a judicial strategy? How does it actually work? How do we quantify the presidents judicial strategy? How do we measure the presidents ability to influence

judicial outcomes? What do we make of the idea of a judicial face of presidential

power? Strengths Weaknesses

Questions?

Happy Spring Break!

GOV 1358:


All Together Now:

The Four Faces of Presidential Power

March 25, 2015


The Source


Legislative Power

Legislative Program Bill Signings Vetoes (and Veto Threats) Tie-Breaking Votes (VP) Special Sessions of

Congress

Executive Power

Executive Directives Regulations Budgetary Control Executive Appointments Administrative Control Others

Judicial Power

Active Selective Enforcement: Seek Court Action

Passive Selective Enforcement: Executive Inaction until eventual Court Action

Amicus curiae Briefs Court-Packing:

Judicial Appointments Others

Rhetorical Power

Rhetorical Policy Appeals Rhetorical Political

Appeals to promote self or party

Rhetorical Non-Policy Appeals to Exert Public Leadership

The Evidence

The President's Legislative Program 1789-2004

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The President's Legislative Program Harry S Truman George W. Bush

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Presidential Directives 1789-2008

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1899

1909

1919

1929

1939

1949

1959

1969

1979

1989

1999

Num

ber

of D

irec

tives

Year

Presidential Directives Harry S Truman George W. Bush

0

100

200

300

400

500

600

Avre

age

Num

ber

of D

irec

tives

per

Yea

r

Administration

Presidential Rhetorical Activity Franklin D. Roosevelt George W. Bush


Are there four faces of presidential power? How do we know the president is using a

given face? How do we quantify the use of these faces? How do we measure their effectiveness?


Methodology Critiques of the argument Future Research

The Sequential Use of the Four Faces of Presidential Power: One Alternative

The President

Act

Act Legislatively

Continue

Act Executively

Continue

Act Judicially

Continue Act Rhetorically

Stop

Act Non-Judicially

Act Rhetorically Stop

Act Non-Executively

Act Judicially


Stop

Act Non-Judicially

Act Rhetorically

Stop

Act Non-Legislatively

Act Executively

Continue

Act Judicially


Stop

Act Non-Judicially

Act Rhetorically Stop

Act Non-Executvely

Act Judicially


Stop

Act Non-Judicially

Act Rhetorically

Do Not Act


President Act

Legislative

Suceed A

Fail A

Executive

Suceed A

Fail A

Judicial

Suceed A

Fail A

Rhetorical

Succeed A

Fail A

Do Not Act


The President

Act

Legislative

Continue Act Again

Stop

Executive

Continue Act Again

Stop

Judicial

Continue Act Again

Stop

Rhetorical

Continue Act Again

Stop

Do Not Act

Questions?

GOV 1358:


Judging the Limits of Presidential Power:

Domestic Policy Powers

March 30, 2015

Some Important Legal Terms

Brief Common law Statutory law Constitutional law Stare decisis Due process Immunity Standing Writ of habeas corpus Judicial Review

Amicus curiae Deposition Ex parte Grand Jury Indictment Injunction Petitioner Respondent Subpoena Subpoena duces tecum

Opinions of the Court

Opinion of the Court

Plurality Opinion

Concurring Opinion Dissenting Opinion

Judicial Power

Separation of Powers

Article III of the Constitution Marbury v. Madison

Myers v. United States (1926)

Background: The Appointment and Removal Power

The Decision The Opinion of the Court Dissenting Opinions Implications

Humphreys Executor v. United States (1935)

Background: The Appointment and Removal Power

The Decision The Opinion of the Court Implications

United States v. Nixon (1974)

Background: Executive Privilege


INS v. Chadha (1983)

Background: The Legislative Veto

The Decision The Opinion of the Court Dissenting Opinion Implications

Clinton v. City of New York (1998)

Background:

The Line Item Veto The Decision The Opinion of the Court Dissenting Opinions Implications

National Labor Relations Board v.

Noel Canning (2014)

Background: The Recess Appointments Clause


Questions?

GOV 1358:


Judging the Limits of Presidential Power:

Foreign Policy and Wartime Powers

April 6, 2015

The Prize Cases (1863)

Background: Wartime and Emergency Powers and the Civil War

The Decision The Opinion of the Court Dissenting Opinion Implications

United States v. Curtiss-Wright Export Corporation (1936)

Background: Foreign Policy Powers

The Decision The Opinion of the Court Implications:

The Sole Organ Doctrine

Korematsu v. United States (1944)

Background: Wartime and Emergency Powers and the Internment of Japanese Americans


Youngstown Sheet & Tube Co. v. Sawyer (1952)

Background: Wartime and Emergency Powers and the Seizing of Private Property

The Decision The Opinion of the Court Jacksons Concurring Opinion Dissenting Opinion Implications

Goldwater v. Carter (1979)

Background:

The Power to Break Treaties The Decision The Opinion of the Court Implications

Hamdan v. Rumsfeld (2006)

Background:

Wartime Powers The Decision The Opinion of the Court Implications

Summary and Conclusions

Legislative delegations of power to the executive and

separation of powers Executive power in times of crises Difference in foreign vs. domestic policy powers Use of history, precedent, and constitutional/legislative

intent Use of practicality as a legal argument Avoidance of political questions Limits or expansions of executive power

Questions?

GOV 1358:


Two Presidencies?

and An Imperial Presidency?

April 8, 2015

Dual Role

Head of State Head of Government

The Two Presidencies Thesis

The Argument The Evidence

The Presidency and Domestic Policy

The formal powers The growth of expectations: The presidents agenda The players involved

Inside the administration Outside the administration

The sources of advice Policy formulation and implementation

The Presidency and Foreign Policy

The formal powers The growth of expectations: Crises and national emergencies The players involved

Inside the administration Outside the administration

The sources of advice Policy formulation and implementation

The Presidency and Foreign Policy

The foreign policy dimensions of the office The extent to which presidents spend time and

energy on foreign policy Reasons why presidents devote so much

attention to foreign policy

Evaluating the Two Presidencies thesis

The Constitution The Congress The Courts The President Interest Groups The Public International Events

Evaluating the Two Presidencies thesis

Is the evidence persuasive?

Where else do we need to look?

Why should we care?

An Imperial Presidency?

The Argument

The Evidence

Is the presidency imperial or imperiled?

Questions?

Lecture 01-26-15Lecture 01-28-15Lecture 02-02-15Lecture 02-04-15Lecture 02-11-15Lecture 02-18-15Lecture 02-23-15Lecture 02-25-15Lecture 03-04-15Lecture 03-09-15Lecture 03-11-15Lecture 03-25-15Lecture 03-30-15Lecture 04-06-15Lecture 04-08-15

Documents

Govt 1358 Slide Summaries