Chapter 4: Presidency
Imperial Presidency
refers to presidents who are too strong, too powerful for our own good
Imperiled Presidency
refers to presidents who are too weak, not powerful enough to govern effectively
The constitutional powers are set forth in what Article?
Article II
What do political scientists refere to the modern president as?
"chief legislator" because of the important role the president plays in the legislative process
Informal Powers of the President
-Executive Agreement: an agreement with countries that doesn't need congress approval. -Patronage: the power of assigning people to executive positions based on their connection to the president and their past support of him. -Executive Orders: Enforced orders by the president that don't need congress approval to go into effect and can make a new policy.Example: Harry S Truman ordered an end to segregation in the military while Lydon B Johnson ordered an end to segregation through out the entire country as a national policy. War Powers Act ~The president can order troops into combat for 60 days, with a 30 day extension given by congress for the removal of the troops. This is done far less often historically than the other method of going to war. ~the president must inform congress when he does this.
What Article of the Constitution provides that "The executive Power shall be vested in a President of the United States of America."
Article II
What is the major amendment that affedted presidential power?
22nd Amendment, it actually reduced presidential power by limiting a president to serving two full terms in office (lame duck)
Explain what is meant by a crisis. What is the president's role in a crisis, and why is a crisis situation important to a president?
A crisis could be anything from a bombing or attack on american soil, or a threat from some other country or group. The presidents job during a crisis is to unite our country and its people against this attack and to deal with it as he sees fit. For example, after Pearl Harbor, we united around the flag and attacked Japan. This war(WWII) was successful because citizens were supporting our troops. No one blames Roosevelt for that war and says that he went too far. Now, fast forward to present day, and Bush is being blamed for getting us involved in Iraq. This is because, while the war was supported in the months after 9-11, because americans wanted revenge for killing our loved ones, people started rallying against the war, which brought down the moral of our soldiers. Crisis situations are important to a president as it can either make or break your record. You could do everything else right, but if they got us involed in a war we didnt want to be a part of, it would tarnish his whole reputation.
Executive Agreement
A formal government agreement entered into by the president. This is used especially when dealing with highly sensitive arrangements with foreign nations because this does not require the advice and consent of the U.S. Senate
Describe the relative importance of public approval and legislative skills as resources presidents use to work with Congress. Does one depend on the other? Give examples.
A president's approval should be his primary goal because in the US we have democracy so the people call the shots and if the people dont like the way the president is doing their job (low public approval) then they sould have listened to the people and what the had wanted. Through using his legislative skills he can raise or lower public approval with doing such thing as vetoing a bill or sighning a peace treaty.
Articles of Impeachment
A series of charges pressed against an elected official to begin the impeachment process, which gets drafted by the house of representatives, then the US Senate is required to convict.
Executive order
An order signed by the president that has the effect of law, even though it is not passed by Congress. An example of an executive order includes President Clinton's order legalizing the abortion pill, RU486
What President raised concerns about both imperiled and imperial Presidency?
Bill Clinton's tenure (1993-2000)
List and briefly describe the Constitutional powers of the president. Which are the most important, and why? Serve as commander in chief of all U.S. armed forces
Commission officers of the armed forces (commander in chief) Grant pardons and reprieves from Federal offenses (except impeachments) Convene special sessions of Congress Receive foreign ambassadors Take care that Federal laws are faithfully executed Wield the "executive power" Appoint officials to lesser offices The most important would probably be commander chief because he has the power to send troops anywhere at anytime for a period of several weeks.
What was the founders intentions for Congress?
Congress was intended to be the primary branch of government, but modern system of government where the primary branch of government is the presidential or executive government
The Cabinet
Department of State, Department of Treasury, Department of defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of health and human services, Department of housing and urban development, Department of transportation, Department of Energy, department of education, Department of veteran affairs, Department of Homeland security. Each department head has access to the president *Presidential Succession Act (1947) (should something happen to the president) 1) Vice President 2) Speaker of the House of Representatives 3) President pro tempore of the Senate 4) Secretaries of State, Treasury, defense... etc
What are some examples of executive orders?
Examples of past executive orders -Internment of Japanese Citizens 1942- President Franklin Roosevelt ordered the removal and internment of Japanese American citizens to camps. -Don't Ask, Don't Tell 1993 - President Clinton signed on this to settle the disputes over gays in the military. -Integration of Armed Forces 1948 - President Harry Truman signed this ahead of the rest of America. - Stem cell research 2007
Executive Office of the President
Executive Office of the President- Established by FDR in 1939 in order to help the president oversee the executive branch of bureaucracy. This provides the president with a general staff. the most important members of the EOP are the National Security Council, the Council of Economic Advisers, the Office of Management and Budget, the Office of the Vice President, and the U.S. Trade Representative.
Explain why FDR is said to be the founder of the "modern presidency."
FDR is considered to be the founder of the "modern presidency" because he significantly expanded the influence and power of the executive office. FDR's New Deals were used to centralize power and they worked
When was the first Presidency applied to the term Imperiled?
Gerald Ford (1973-1976) seemed incable of responding effectively to economic crisis by the OPEC oil embargo and Jimmy Carter (1977-1980) seemed incapable of responding effectively to national security threats
How important is public support for the president in achieving legislative priorities? How does the president go about soliciting public support? Do you think the president should avoid such solicitations or not? Explain.
Having public support when trying to achieve legislation is very important. If the President goes on shows like Larry King or Nightline to talk directly to the people about something he feels strongly about and how it will affect them they will give the support he needs to sway Congress. Congress is elected by the people and they want to please the people, if the people dont's see them doing what they should be doing they will not support Congress. This is a very valid way going about getting legislation passed, it involves the American people.
What makes a president "successful"? Give specific examples.
If he was a great negotiator and if he fulfills most of his promises. If he has confidence and strong believal in the American people. Passes a lot of laws that he or she said they will pass.
impeachment
Impeachment is the process in which a government official is put up on trial for treason, bribery, or other high crimes and misdemeanors. The process begins when the House passes "articles of impeachment" with a 50% vote. When the articles pass the official has been impeached. The Senate can then tries and convict the official of their wrongdoings and remove them from office
What was George W Bush's (younger "2001-2008) presidency considered?
Imperial
Inherent powers
Inherent powers are assumed powers of the president not specifically listed in the Constitution. Inherent powers come from the president's role as chief executive.
How has the president's role as commander in chief of the military changed over time?
Overtime the power of the president in making military decisions has risen greatly. Modern president have continuously clashed with Congress over the capability to conduct military ventures. This growing power can be seen in all "wars" since World War II which was the last time Congress formally declared war.
Cabinet
Part of the "unwritten Constitution," it was first established by George Washington and includes federal departments such as state, defense, etc. The cabinet is made up of advisers to the president. There are currently fifteen cabinet members.
What side of the power problem is the Presidency?
Presidency is on accountability; the nature of the President's political power is personal make it hard to hold a President legally accountable for the use of government power
Why is public approval possibly the greatest resource a president has? How do presidents seek to increase, or sustain, their level of public approval?
Public approval ratings are the greatest resource a president has because it is a measure of his popularity regarding certain issues and the ways in which those issues are being handled. President's approval ratings increase when there is an attack on the US (rally around the flag) or some harm is done on the country. Mostly, however, public approval fluctuates with the economy. A president sustains or increases his level of approval by creating a strong economy and passing measures that the public wants.
What duties does the president's press secretary have?
Responsibilities center on collecting information about what is happening inside the Administration and around the world, and getting that information to the media in a timely and accurate fashion. The information includes things like a summary of the President's schedule for the day, whom the President has seen, called or had interactions with, and the official position of the Administration on the news of the day. The Press Secretary traditionally also fields questions from the White House Press Corps in briefings and press conferences, which are generally televised, and "press gaggles", which are on-the-record briefings without video recording, though transcripts are usually made available.
Hostage Act of 1868
Statutory delegation; 19th Century Act; authorized to take "all actions necessary and proper, not amounting to war, to secure the release of hostages"
Discuss the roles of the Executive Office of the President and the White House staff
The Executive branch was creating to provide the president with a staff to help direct the activities of the executive branch. The executive branch is responsible for enforcing the law. The white House Staff are personal assistants to the president, their power is only from their personal relationship to the president. They have no independent legal authority.
Which historical events have enhanced the power of the president? Explain specifically how each impacted the presidency.
The Great Depression influenced the power of the Presidency - Roosevelt vastly expanded executive offices and created jobs through new executive agencies. September 11th influenced the power of the President in that people were too scared to challenge the governments actions. Bent on revenge for the attacks, and looking over their shoulders in fear, people willingly let the President expand the military and create an entire new executive office - Homeland Security.
Explain the power relationship between the president and Congress. How does the president's political party and public support affect this relationship?
The President exercises a check over Congress through his power to veto bills, and more recently the threat to veto bills. Congress though, may override the veto with a two-thirds majority vote in each house. The president may call either or both houses into an emergency session and the VP serves as president of the senate. if it is a divided government so a different party in the executive branch and legislative, legislation becomes very difficult to pass. The public support can sway both the executive and legislative branches dramatically.
The Appointment Power
The President has the authority to make more than 6,000 appointments to his administration. Only 1,125 require the Senate to approve of. He also technically appoints more than 75,000 military personal. Although Congress gets to make the laws, the president has the power to enforce the laws. He sets the policy agenda for the nation. Congress can reject the nominees but by doing so they will mess up relations between them and the president.
What is the role of the president in the legislative process?
The President has the power to veto a bill if he believes that it will not benefeit the majority of the public. The President also has a say in what he believes could reflect the publics best interest.
Rules of Succession
The Presidential Succession Act of 1947 that stated the order of succession after the vice president: Speaker of the House President Pro Tempore of the Senate Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department The Twenty-fifth Amendment - 1967 - was added to allow the president to appoint a new vice president if the post were vacant. A simple majority of both houses of Congress was needed to approve the nominee.
Identify and describe the individuals and organizations that make up the executive branch of government.
The branch of the federal government which includes the President, Cabinet members and federal agencies. All agencies except the U.S. Postal Service, Postal Rate Commission, Central Intelligence Agency, National Security Agency, Tennessee Valley Authority, White House Office, Office of the Vice President, Board of Governors of the Federal Reserve System, National Imagery and Mapping Agency, and Defense Intelligence Agency.
appointment power
The power the president has to appoint 6,000 positons such as ambassadors or judges of the supreme court. 1,125 of them must be approved by Senate. If the Senate does not approve of the selection, the president may not appoint them.
Why is the press important to the president? How can presidents use the press to their advantage, and what advantages might the press have over the president?
The press is important to the president because they often times control how the public views the president. If the press only publishes negative stories on the president, the public's view of him will change in a negative way. In this way, the press has control over the president. The president may feel the need to be accepted and approved by the press before certain actions take place. The president can use the press to his advantage by manipulating the press to only publish positive stories about himself, inorder to make the public approve of his job.
What are the roots of the office of the presidency (colonial and under the Articles), and what were the discussions, arguments, and conclusions of the Framers about the chief executive officer of the United States?
The roots of the presidency are that the president has the power to pardon criminals, to make treaties, to make appiontments, to be commander in chief of th army and the navy, and to convene congress. These are his/her powers under the Constitution. The Framers thought that the President would follow precedents set by the early presidents (George Washington, Thomas Jefferson, etc.) but when the president's don't follow set precendents amendments are added like the 22nd and 25th.
The years 1804-1933 are called the years of "congressional triumph." The years after 1933 are generally characterized as an era of rising presidential power. Discuss the history of executive-legislative relations by commenting on this shift in power. Give specific examples, and explain how and why this shift came to be.
The time period after the Great Depression is a time period where the power of the president grew greatly. One example of how the presidential power increased after 1933 is seen through the legislation of Franklin D. Roosevelt. To combat the resultant high unemployment rates and weak financial markets, FDR created hundreds of new government agencies to regulate business practices and various aspects of the national economy such as the Social Security Act in 1935 and the Civil Works Administration in 1933. The bleak state of the nation allowed FDR to gain support for his new presidential power and New Deal legislation. Formerly, most Americans had believed in a hand-off approach; but after 1933, they considered it the federal government's job to get the economy going and get American's back to work. During World War II, the federal government's power grew to deal with the needs of a nation during war. Examples of this rise in presidential power is seen through the increase of tax rates and new programs created by the government such as the G.I. Bill which provided college loans for returning veterans and reduced mortgages so they could buy homes. Soon after the war came another rise in power as seen through the Johnson's Great Society programs and agencies. Two agencies created during this time included the Equal Employment Opportunity Commission under the Civil Rights Act of 1964 and the Department of Housing and Urban Development and Transportation. This expansion in bureaucracy corresponded to increases in the president's power and hid ability to persuade Congress that agencies were a good way to solve problems. As documented after 1933, the rise of presidential power increased greatly because of the demands of the general public for a more hand-on approach by the federal government to combat many issues that arose from major events in history such as the Great Depression and World War II.
Summarize what we know about presidential popularity. What impact does it have on congressional races and the president's program? What affects approval ratings and what general trends have been noticeable across previous terms?
What we know about presidential popularity is that the public's opinion changes a lot throughout a presidency. Usually, the approval ratings start out high at the beginnig of the term, but by the end of the term, they are much lower. Also, things such as scandals and economic events can sway the president's popularity. The impact that this has on congressional races and the president's program is that people remember things about a certain president so it might be hard to win a second term if the public didnt like you the first time.
What was Ronald Reagan's (1981-1988) campaign pledge?
a return to a strong presidency with confidence in American leadership in foreign affairs and national security
riders
an additional provision attached to a bill under the consideration of a legislative assembly
Council of Economic Advisors
an executive agency responsible for providing economic advice to the President. It is a part of the Executive Office of the President of the United States, and provides much of the economic policy of the White House. The Council's three members are nominated by the President and approved by the SEnate. executive agreement- formal agreement that is like a treaty but does not need Senate approval
Enumerated powers
are enumerated in the Constitution in Article II, make him/her chief executive and Commander in Chief; give power to veto legislation, grant pardons, and make treaties and appoint ambassadors and other government officials including Supreme Court justices; provide that he/she reports to Congress from time to time
Implied powers
are not actually mentioned in the Constitution, but which are logically related to them; firing, executive privilege, executive agreements; executive order
What are a reason why the Presidential power has increased?
crises<domestic and foreign> because it was created to act with greater speed; public opinion; media coverage; Congress assigning more powers over to the Presidency
White House staff
includes the personal assistants to the president, senior aides, their deputies, and assistants with professional duties. Though their power is derived from their relationship with the president, they have no independent legal authority. Staff facilitate the smooth running of the executive branch. They also try to keep the president from making any mistakes .
trial balloons:
information sent out in order to observe the reaction of an audience. In politics trial balloons often take the form of an intentional news leak to assess public opinion.
What presidential powers are controversial?
inherent powers because it is difficult to hold the President legally accoutable for his/her actions if they claim their actions do not need legal authorization
Commander-in-Chief
is the commander of a nation's military forces or significant element of those forces. Often times the president of the United States is given this title in times of war. This role is somewhat ambiguous and often leads to disagreement about presidential authority to wage war.
Twenty-Fifth Amendment
it established procedures for filling vacancies in the office of president and vice president as well as providing for procedures to deal with disabilities of the president
patronage
jobs and special favors given out to supporters of a candidate for support
inherent powers
not mentioned in constitution or even implied, these are the powers the each President feels is his/her right to take action
War Powers Act
passed by congress in 1973, the president is limited in the deployment of troops overseas to a 60-day period in peacetime, unless congress gives explicit directors stating otherwise
pocket veto
pocket veto-when a bill is sent to the president and he doesn't sign it within 10 days ot the adjournment of Congress. ultimately the bill is vetoed.
Presidential Leadership and the Importance of Public Opinion
political leaders travel all over the world to publicize views, gain personal support, and support for future administrative programs. presidents have the best chance of convincing Congress to follow his policies when his pulic opinion ratings are high. presidents normally have the highest approval ratings at the beginning of their terms.
statutory powers
powers delegated by Congress like to act in domestic policy and foreign and national security affairs
Executive privilege
refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress. The assertion is based on the constitutional doctrine of separation of powers, is always controversial, subject to interpretation, and often litigated.
Senatorial courtesy
refers to the practice of consulting home-state senators on a nomination. The Senate rarely confirms presidential appointments if the nominee's own senators disapprove.
Emergency Economic Stabilization Act of 2008
statutory delegation; authorized "president, acting through the secretary of the treasury, to spend up to $700 billion dollars to "rescue" or "bailout" distressed financial institutions
Economic Stabilization Act of 1970
statutory delegation; authorized "to stabilize prices, rents, wages, and salaries by issuing orders and regulations he deems appropriate"
Gulf of Tonkin Resolution 1964
statutory delegation; authorized "to take all necessary measures to repel any armed attack against the forces of the U.S. and prevent further aggression"
Employment Act of 1946
statutory delegation; it was the federal government's responsibility to manage the economy
Authorizations for the Use of Military Force in Afghanistan and Iraq 2002
statutory delegation; response to terrorist attacks on 09.11.01, Congress authorized the president "to use all means that he deems appropriate, including the use of military force, in order to enforce the UN resolutions, defend the national security interests of the U.S. against the threat posed by Iraq, and restore international peace and security in the region"
Where are the major changes in Presidential powers?
statutory powers, case law powers, and political powers
Why was Carter's presidency considered Imperiled?
the Invasion of Afghanistan in 1978 by the Soviets and the anti-American Iranian Revolution of 1979
Office of Management and Budget (OMB)
the largest office within the executive branch. Its main use is to give advice to the president on range of topics relating to federal policy, management, legislative, regulatory, and budgetary issues
pardon
the power a president has to excuse someone in jail for committing a crime.
veto power
the power to deny a bill
line-item veto
the power to take out part(s) of a bill without having to veto the entire bill.
Chief executive
the president of the USA or in general head of a government
What is an intriguing aspect of presidential power?
the president's formal constitutional powers have changed very little since founding of the republic but presidential power has changed a great deal
National Security Council
used by the President for considering national security and foreign policy matters
Why was Ford's presidency considered Imperiled?
when Petrolemum Exporting Countries oil embargo caused energy price increases and inflation
*Incremental Expansion of Presidential Powers: (1809-1933)
~Lincoln's Questionable Acts: -suspended writ of habeas corpus -expanded size of US army -ordered blockade of Southern points -closed the US mail system
Formal powers of the president
~appointment ~convene congress ~treaties *must be senate approved ~veto ~military powers*can only send troops for 90 days max, without senate approving an extension. ~pardon - when the president leaves office he has an opportunity to restore rights and privileges of citizenship to a person whose been charged or convicted of crime. Example- Carter provided amnesty to all men who fled or went into hiding in order to avoid being drafted to Vietnam.