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The Presidency

The presidency

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Page 1: The  presidency

The Presidency

Page 2: The  presidency

QualificationsNatural-Born Citizen35 Years old14 years residency

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QualificationsNatural-Born Citizen35 Years old14 years residency

Which 2008 nominee was not born in the U.S.?

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QualificationsNatural-Born Citizen35 Years old14 years residency

Which 2008 nominee was not born in the U.S.?John McCain, b. 1936 Colon, Panama

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Historical PerspectiveOriginally weak

Commander-in-Chief, but no strong army

Constitution was vague, flexible

Late 19th CenturyShift started with industrialization

Skyrocketed in 20th Century with growth in US power, economic expansion

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Why more power?EnergyVague ConstitutionPublic ExpectationCongressional Delegation

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Executive PowerPrerogative Power

Locke: necessary to give executives the powers to do “several things of their own free choice, where the law is silent, and sometimes, too, against the direct letter of the law, for the public good”Abraham Lincoln

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Powers and Duties“make treaties” “with advice and consent of

the Senate”“shall nominate” “Ambassadors, Judges of

the Supreme Court, and all other Officers of the Supreme Court”

“give to Congress Information of the State of the Union”

“recommend to [Congress]…such measures he shall judge necessary and expedient”

“Shall be removed from office…for…Treason, Bribery, or High Crimes and Misdemeanors”

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Powers and Duties“make treaties” “with advice and consent of the

Senate”“shall nominate” “Ambassadors, Judges of the

Supreme Court, and all other Officers of the Supreme Court”

“give to Congress Information of the State of the Union”

“recommend to [Congress]…such measures he shall judge necessary and expedient”

“Shall be removed from office…for…Treason, Bribery, or High Crimes and Misdemeanors”Sestak allegation

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Constitution v. IndividualsWhig Model

Don’t go beyond explicit powersStewardship Model

Do all but those things that are explicitly forbidden

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Roles of the presidentChief of StateCommander-in-ChiefChief LegislatorManager of the EconomyChief Diplomat

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Limited PowersPersuasion

Speeches used to influence public, lawmakers, even foreign countries

Used much more often todayRecommendationBudgetAppointmentTreaty

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PowersPersuasionRecommendation

Initiate DebateCan be ignored by Congress

BudgetAppointmentTreaty

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PowersPersuasionRecommendationBudget

Before 1921, agencies set their own budgetsOffice of Management and BudgetCongressional Budget Office

AppointmentTreaty

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PowersPersuasionRecommendationBudgetAppointment

“appoints Ambassadors, other ministers and Consuls, Judges of the Supreme Court,” etc.

Subject to “advice and consent from the Senate”

Treaty

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PowersPersuasionRecommendationBudgetAppointmentTreaty

Official agreements with other countries2/3 of Senate must approveBefore 1928, 14% of treaties were ratified

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PowersTreaties

Executive Agreements – legal contracts with foreign countries that require only a presidential signature

Not specified in the ConstitutionOK’d by the Supreme Court in 193720:1 ratio of Ex. Agreements:Treaties

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Powers Commander-in-Chief

Only Congress can declare War Lincoln vastly expanded this role Roosevelt showed Congressional weakness

in stopping action

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Powers

War Powers Resolution (1973) If troops are sent into harms way, Congressional

approval required within 60 days

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Executive OrdersDirectives to government employees which

carry the weight of law unless they contradict acts passed by Congress

Lincoln – Emancipation ProclamationTruman – desegregated armed forcesJohnson – affirmative actionFord – assassination of foreign leaders

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Executive privilegeRight of the President to deny Congress the

information it requestsMost controversial of implied powers

George Washington sets precedentNixon on WatergateClinton during the Lewinsky affairBush on a variety of things

Extended to VP, aides

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Veto PowerMost important FORMAL power

Before Lincoln, only ~4 vetoes per term

FDR: 650+ vetoes

Since JFK about 1 of 10 vetoes are overturned

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Signing StatementsDirectives to executive branch departments

and agencies telling how to implement a certain law, and are sometimes appended to a law when signed by the PresidentExplicates a President’s interpretation of a

law or can be used for political gain

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Signing StatementsUp to Jimmy Carter, <100 signing statementsGHW Bush & Clinton : 247GW Bush : 147 as of February 1, 2007

-tend to be vague, broad

Similar to a line-item vetoClinton v. New York (1998): a President must

sign a bill, or veto/return it to Congress

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The Presidential CharacterJames David Barber (1972)

a President’s style, worldview, and character are important in predicting whether they will succeed

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CharacterMost important aspect

Based on 2 qualities:Active/Passive

How much energy is put in?

Positive/NegativeHow does the President feel about their role?

Four Types emerge

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Active-PositiveHealthy, active, energetic presidents

Office will be “an engine of progress”Conviction of CapabilityPositive Sense of the FutureCommunication of Excitement

FDR, JFK, Carter, Truman, maybe Reagan and Clinton

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Active-NegativesCompulsive, aggressive qualities

World is DangerousPersistent/Stubborn style

This style will be too rigid, will result in disastrous presidencies

Published in 1972, marked Nixon as Active-Negative, then Watergate happened

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Passive-PositiveReceptive, compliant, cooperative more

than assertiveTend not to accomplish much, but are

otherwise harmless

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Passive-NegativeTend to do political service in order to

compensate for low self-esteem based on feelings of usefulness

Feel this is their “duty”Avoid action, allows problems to worsen

Coolidge, Eisenhower

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CriticismsCan’t “pigeonhole” individualsIdeology more important than characterContext is decisive

Events make the president

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Vice PresidentOnly formal role is President of the SenateVice President/President John Adams

“the most insignificant office that ever the invention of man contrived or his imagination conceived”

Vice President Thomas MarshallVice President John Nance Garner

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Vice PresidentOnly formal role is President of the SenateVice President/President John AdamsVice President Thomas Marshall

“Once there were two brothers. One went away to sea. The other was elected Vice President of the United States. And nothing was heard of either of them again.”

Vice President John Nance Garner

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Vice PresidentOnly formal role is President of the SenateVice President/President John AdamsVice President Thomas MarshallVice President John Nance Garner

“Not worth a pitcher of warm piss”

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Vice PresidentAny additional roles are at the discretion of

the PresidentTruman knew nothing of the Manhattan

ProjectUsually not close to the President, or even

trustedLately more roles have been given to the VPCheney has been most influential VP

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Vice PresidentOriginally the runner-up in the presidential

electionFirst in line if the President dies, resigns, or

is unfit for dutyIs a stepping stone for many future

Presidents