Chapter 10 The Presidency
Chief of State• Symbolic national leader
• Performs ceremonial duties– dedicates monuments, parks, special awards or
recognition– gives nation a sense of unity and values
• Represents US with other nations– negotiates treaties– accepts diplomatic credentials– makes foreign executive agreements– meets foreign ministers
• Also political leader of Government• Difficult for some to balance the two roles
Chief Executive Officer
• Cabinet/Agency Appointments
• Judicial reprieves, pardons, and amnesty
• National emergencies in peacetime
• Faithfully execute laws of the land
Presidential Popularity
The Presidency
• The President’s Constitutional Powers
• Presidential Roles
• Organization
Constitutional Requirements to Hold Office
• Article II of the Constitution• At least thirty-five years of age
– John F. Kennedy, at the age of forty-three, was the youngest to be elected.
• Natural-born citizen– Martin Van Buren, born in 1782, was
the first president born under the U.S. flag.
• Resident of the United States for fourteen years
Term of Office• The president serves a four-year term.
• The Constitution did not limit the number of terms that could be served.
• President Washington left office after two terms, thereby establishing the tradition of a two-term presidency.
• President Roosevelt was elected to four terms.
• Twenty-second Amendment limits president to two terms.
Article I Powers of the President
• State of the Union• Recommend to Congress measures he
shall judge necessary and proper.• Veto• Pocket veto• The line-item veto was granted to the
president in 1996 but was declared unconstitutional.
Article II Powers
• Commander in chief
• Request opinions of executive department heads
• Grant pardons except for impeachment
• Appointments
• Treaties
• “...he shall take Care that the Laws be faithfully executed….”
Plasticity of Presidency
• The President “shall Care that the Laws be faithfully executed”.
• Stewardship Theory - president can under take act as long as it is not specifically prohibited.
• Constitutional Theory - president cannot exercise any power unless it is based on a constitutional provision
Bureaucratic and Judicial Powers
• Appointment authority within executive and judicial branch
• Removal authority – unrestricted when it applies to non-civil
service appointees.– restricted when it applies to independent
regulatory agencies.
• Pardons - power to grant reprieves and pardons for offenses against U.S.
Institutional Resources of Presidential Power
• The Cabinet
• The White House Staff
• The Executive Office of the President
The Cabinet
• There are fifteen Cabinet departments that carry out the legislative mandates of Congress.– Inner cabinet - DOS, DOD, DOJ, DOTres– Outer cabinet - eleven other departments
• The president is the Chief Executive and appoints the Cabinet secretaries.
• Kitchen cabinet
Staff Size Has Grown
2004
431
The White House Staff
• Prior to 1932 - mainly clerical
• Today - highly specialized policy experts
• Sixty senior aides in both foreign and domestics policy areas
• They are not subject to the Senate advice and consent.
Primary Functions
• Broad area of advice not influenced by department or special interests
• Set legislative agenda
• Keep track of bureaucratic processes
• Review actions of cabinet departments
• Schedule President’s activities
• Filter all requests made to President– say no when President doesn’t want to
The Executive Office of the President
• Permanent staff agencies with 1500 to 2000 employees
• The Executive Office of the President performs most of the management tasks for the president.
• The Office of Management and Budget is the most important office.
• NSC/NSA• Council of Economic Advisors
The Vice Presidency• Exists to succeed the president in case of
death, incapacity, resignation, or impeachment
• Also presides over the Senate, but votes only to break ties
• Balances the ticket– JFK and LBJ
– Bush and Cheney
– Gore and Lieberman
25th Amendment
• Procedures to replace VP– nominated by President, confirmed by Congress
• Twenty-fifth Amendment provides for the constitutional replacement of president in case of incapacity
• Presidential Succession Act of 1947+ vice president,+ speaker of the House,+ president pro tempore of the Senate,+ cabinet departments by date of creation.
President and Foreign Affairs
• Commander in Chief (CinC)– manning the military– making war
• Chief Diplomat/Negotiator– Treaties and Agreements
The President as CinC• Select/promote senior staff
• Congress declares war
• Commit military forces– WWII to Vietnam unrestricted
– Gulf of Tonkin Resolution 1964
– War Powers Act/Resolution 1973
– Hughes-Ryan Amendment - covert ops
• Secret executive agreements
• Set up military governments
Chief Diplomat/Negotiator
• International Treaties– Negotiated by DOS– Approved by two thirds of Senate
• Executive Agreement - understand between two heads of state– does not require senate approval
The President as Chief Legislator
• State of the Union
• Legislative Agenda
• Budget Proposal
• Veto
• Special Sessions
• Party Leader
Legislative Skills
• Must know legislative environment
• Must have a good sense of timing
• Must prioritizes efforts and energies
• High quality legislative liaison office
• Bipartisan consulting efforts
• Bipartisan majority support crucial
Presidential “Batting Average”
14-3
Veto Process Possibilities
• Normal
• Pocket veto
• Line item veto
The Veto Process
Executive Privilege
• Personal communications with primary advisors is immune from congressional or judicial scrutiny.
• Similar to doctor - patient or lawyer - client privileged information.
• Not absolute and can not be applied to entire executive branch.
Impeachment of the President
• President may be impeached for treason, bribery, or other high crimes and misdemeanors.
+ Andrew Johnson (impeached but not convicted)
+ Richard Nixon (House Judiciary Committee voted to impeach and Nixon resigned)
+ William Jefferson Clinton (impeached but not convicted)