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