PS102 Midterm

The Vesting Clause

"The executive power shall be vested in..." Gives each branch their individual power

Differences between primaries and caucuses

A primary is a ballot-voting process whereas a caucus is a voting process by body count.

Disadvantages of going public

Easier to punish people; has a lot of problems Makes decision making a lot harder because there are so many people (individualized pluralism). Neustadt would say it's a sign of weakness (failure of persuasion of congress). Going public also reduces the president's bargaining position as the position they verbally committed to is the one they must take and the president now has very little room from which to bargain, negotiate, and compromise.

What are the four presidential nomination systems?

King Caucus, Convention System, Mixed System , Plebiscitary System

Citizens United v. FEC (2010)

Supreme court ruled that due to Freedom of Speech, the government could not regulate political expenditures by corporations (for profit or nonprofit). Court ruled that corporations and labor unions can spend as much money as they'd like from their own treasuries at any time on ads that expressly advocate the election or defeat of a presidential or congressional candidate

Who is the president bargaining with?

The American people (is he able to persuade the people with his agenda?), other politicians, Congress, international leaders A president is bargaining with individuals both in the present and with them in a later interaction in the future.

The change from big C to little C Constitution

Woodrow Wilson's presidency. He wrote two books. 1) Congressional Government saying that charges power is too decentralized and is critical of congressional committees and called for a radical constitutional change: the establishment of cabinet government. The second book 2) Constitutional Government: President can be a leader despite the checks and balances, no need for radical constitutional change/no constitutional amendment; the public should allow them to do it and used a Darwinian (organic) conception of the Constitution. Prescribes popular leadership as a way to overcome constitutional limitations on leadership.

Is bargaining outdated?

Yes, because the presidency and the government in general has gone public, meaning decisions can't be made in a secret room anymore because the public has too much information now that they would have to have some sort of input on the issue. Failed and led to going public. Media is too effective at telling the media what is going on to have bargaining still.

Active-positive

active and enjoy their political life, a readiness to act, high optimism and self-esteem. Flexible and adaptable. Tends to use the brain to move the feet. Has well-defined personal goals. Doesn't understand why others don't see things the way he does. Overall fondness of the presidency. adaptive type Most likely to be successful. ex) Thomas Jefferson, FDR, JFK, Kennedy, Truman

Why are some campaign finances laws seen (and struck down by Supreme Court) as a violation of free speech?

"Money in politics may at times seem repugnant to some, but so too does much of what the First Amendment vigorously protects," Roberts wrote. "If the First Amendment protects flag burning, funeral protests and Nazi parades — despite the profound offense such spectacles cause — it surely protects political campaign speech despite popular opposition." "The First Amendment advances not only the individual's right to engage in political speech, but also the public's interest in preserving a democratic order in which collective speech matters," Breyer wrote. Corporations should enjoy a First Amendment right to spend money and advocate political and policy positions during election seasons just as individuals can "Rapid changes in technology - and the creative dynamic inherent in the concept of free expression - counsel against upholding a law that restricts political speech in certain media or by certain speakers," Justice Kennedy wrote. "The First Amendment does not permit Congress to make ... categorical distinctions based on the corporate identity of the speaker and the content of the political speech."

Why did the president get so strong? Good or bad?

(Howell) Citizens expect more and more from each president, which motivates the president to expand his power. President is continuously given more responsibilities and as he takes on more roles, he gets stronger. Americans expect the president to defend the people and also pursue their interests. Howell thinks it's good for the president to use his power even though people might not agree with it, it will pay off in the end.

2016 election

- Electoral and popular vote go different ways - Trump won and he is a political outsider, no political or military experience

Patrician leadership: Patrician President (1789 - 1832)

-Individual should be respected among peers -Individual should rely on their reputation as a national leader -Above party politics and pettiness -Consummate example is George Washington

Two categories of fundamental relations to economic climate

1). Pocketbook voting: voters focus on their personal economic circumstances as distinct from the economy as a whole 2). Sociotropic voting: voting based on how the economy as a whole has changed during an incumbent's time in office; based on relying upon direct observations of the world around them and media reports about economic indicators to determine whether the domestic economy is flourishing or foundering.

Barber contructs two baselines from which to measure the president

1. Activity/passivity (how much energy does the man invest in his presidency?) 2. Positive/negative (sense of enjoyment vs. sense of duty)

Richard Neustadt's Presidential Power in the Individual Theory is based on what three assumptions?

1. President operates from a position of weakness. 2. Presidential power is the power to influence, persuade, and bargain. 3. Presidents increase or decrease their power by the choices they make.

McCain-Feingold (Bipartisan Campaign Reform Act) 2002 (more recent)

1. Prohibited soft money to party organizations. 2. Set time limits on "electioneering communications" for corporations and unions paid out of their general treasury funds (2 has been declared unconstitutional by the SC in Citizens United. This opened up the way for the Super Pacs)

Political Psychology theories (Barber)

1. The president's psychological makeup strongly influences his behavior. 2. The president's personality is patterned, and therefore understandable in psychological terms. 3. The president's personality interrelates with the climate of the nation - its demands and expectations - at the time he serves. 4. The best way to explain and predict a president's behavior is to look at the impact his early life had on him.

Why was the electoral college adopted?

A compromise on whether the President would be elected in vote by the legislature or elected by a popular vote, essentially a piece of federalism where the power is split between the federal government and state governments (Electoral College, US Archives). As well as a compromise representation, specifically that populous states, whom at the time shared many values politically, would not have a major advantage in selecting the president (Black, 2012). SLAVERY Didn't trust the public, didn't think they were informed enough to make such an impactful decision so this was a compromise (federalism) Seen as a middle man between the public and legislation. Gatekeeper to keep political outsiders and demagogues out of politics. Electoral College gave the president mandate from people unlike congress electing them would do.

What is the Nelson Polsby argument about the current nominating system?

A nomination process dominated by primaries forces an early definitive choice on the party. With delegates being nominated so early in the process, national conventions aren't able to give other candidates a chance. Instead conventions are now big media events for the elected candidate. No room for other options. Candidates must now build their own personal organizations in every state and mobilize factions. Campaign finance reforms have destroyed the grass roots of each party. Increased barriers to third parties. Media is a lot more influential, can persuade voters also money has a bigger role. Anti party decides. Republicans have benefited enormously from these reforms because the process encourages factionalism. Thinks that the Republican party is more cohesive than the divided Democratic party.

Four types of presidents (Barber)

Active-positive, active-negative, passive-positive, passive-negative

Convention System

Actually competition between parties now. Conventions actually matter, and is where nominees are picked. Fully developed parties at the mass level, parties tried to control who became president. Nomination process controlled by state party leaders. State party leaders have large amount of control over their state's convention delegates. Importance of patronage. Some gatekeeping, still a broad pool of elite.

What were anti-federalist critics of POTUS concerned about?

Anti-Federalists were concerned that a strong executive could lead to executive despotism wherein the president would act in much the same manner as a tyrant like King George of Britain, especially with the president's war-making, pardoning, and appointment power - all of which could easily lead to corruption

Is political time dying?

As more institutions become more powerful and independent of the president, the president can't get what he wants. If this continues, there might be a time where there are no more reconstructive presidents because there is nothing else that they would have the power and independence to fix

Demise of the Campaign Finance Reforms:

Bundlers, Death of the public finance system, Supreme Court Cases (Citizens United and others

Supreme Court cases

Citizens United 2010 ruled that corporations and labor unions can spend as much as they'd like from their own treasuries at any time, even close to an election, on ads that expressly advocate the election or defeat of a presidential or congressional candidate. McCutcheon v. FEC 2014 struck down the aggregate limits on the amount an individual may contribute during a 2 year period to all federal candidates, parties, and political action committees combined b/c unconstitutional under the 1st amendment. It paved the way for joint fundraising committees

What ambiguous phrases in the Constitution can be interpreted to give POTUS broad power?

Commander in Chief, The Vesting Clause, The Oath of Office

Federalist 69

Compares the US president's power to the King of England's power. President is not like the king; the governor of New York would have more power than the president. Discusses the powers and limitations of the Executive branch. Grants the power to make vetoes, treaties, pardons, to the president and gives him a role in commerce and currency. Makes the president the commander and chief of the army.

Mixed System (1912-1968)

Creates primaries, making process more democratic. Party insiders still chose the candidate for the most part. Prime example is JFK winning West Virginia primary to prove to party leaders he was electable outside of elite-catholic base. Primaries exist, but don't really choose who will be nominated. Ended after Hubert Humphrey wins Democratic nomination in 1968 after not entering a single primary. A lot of conflict within the democratic party

Dark Money

Dark Money refers to political spending meant to influence the decision of a voter, where the donor is not disclosed and the source of the money is unknown. Depending upon the circumstances, Dark Money can refer to funds spent by a political nonprofit or a super PAC.

Framers debate on term length

Debate of term length. Thought at first they should be really long, and no real reelection. Then when they transitioned to short terms, they decided reelection would be a good thing. Now 2 term limit, 8 years. Options were: 3 year term, no limits of reelection. 3 year term, two reelections. 7 year term, no reelection (passes)

Why did the election of 1824 matter?

Demise of the King Caucus system -------> Convention System 1832-1908. JQ Adams elected Prez even though Andrew Jackson won the most of the popular vote and electoral votes BUT did not receive a majority of the EC. Of all 4 candidates, none received the requisite majority in the EC. House of Reps voted JQ Adams to president. Corrupt Bargain: Clay gives his support to JQA to become Sec. of State and convinced the House to elect JQ Adams

Federalist 68

Describes the presidential selection process. Ensures the that the electoral college ensures that "the sense of the people" will play a key role in selecting the president, but will also be a gatekeeper to protect the government from political outsiders and demagogues. Will also elect the Vice President the same way as the President. Gives the House of Representatives the role of electing a president if there is a tie.

How do you predict the outcomes of presidential elections?

Economy Track GDP/economic growth The change in the GDP in the first to third quarters of the election year The president's approval rating as of June of that year Partisanship Structured the vote, usually vote for your own party Can look at exit polls, polls by religious affiliation and race and who those groups have previously voted for Demographics and racial resentment Whites are still a significant and influential portion of the electorate(Majority of whites vote Republican) Whites without college degrees are overrepresented in swing states compared to the country as a whole

What presidents have hidden hand leadership?

Eisenhower: He saw McCarthy as a threat and though it was necessary to rule out bad people in the government so... he did not engage in public attacks/personalities, would not attack McCarthy directly - he acted behind the scene to oppose him. Instead of doing the dirty work himself, he delegated his aids. (His aids compiled a bunch of reports against McCarthy to show that he was protecting a staffer who was being called up to the military, so he didn't have to go, thus ruining his reputation & also they prevented a news station from letting McCarthy give an important Republican response causing McCarthy to lash out publicly and make himself look bad! But no one knew his was Eisenhower that did it) → strategies how hidden hand ls People thought that Eisenhower was very removed from everything, he depends on other staff, but in reality he was in charge of everything. He had an organized chain of command

Describe the early controversies concerning the electoral college?

Election of 1800. JQA vs. Henry Clay vs. Andrew Jackson vs. William Crawford. Election of 1824 - "Corrupt Bargain". Small states vs. big states, slave states vs. free states. The South would of lost every time in elections because a huge percentage of its population was slaves. The EC allows states to count slaves (⅗ compromise). Small states were a lot more powerful before the 12th amendment. Framers feared that all states wouldn't join, had to compromise. Constitution allows states to choose electors however they want.

Framers debate on method of election

Electoral college: 2 votes, and one of them had to be for someone outside of your state as an incentive for a national vote). big states vs small state and slave states vs. free states. 3/5 compromise. Was the public well informed enough to be able to vote? First was caucuses, conventions, mixed system and now popular election

How is the DNC changing the 2020 primary?

Elimination of superdelegates (who were party leaders and members who have automatic, unpledged votes at the convention) Now there will be 75 party leaders and elected officials serving as unpledged party leader. They won't be able to vote on the first ballot, unless a candidate has earned enough pledged delegates to make up the majority, and will be called automatic delegates. Removes any possibility that superdelegates could change the outcome of the vote on the first ballot the overhaul is intended to make vote-counting at presidential preference. Caucuses more transparent and make it easier for voters other than longtime registered Democrats to participate in caucuses and primaries and caucuses will allow absentee voting.

Bureaucratic era (1900-1972)

Era of bargaining. Power came from expanding EOP, and US reputation around the world. president has a lot more power, more institutions and more staff

Retrospective Voting

Evaluate the economy under the previous administration, choose your candidate based off your satisfaction. People vote based on what happened the last couple years. Punish the president's party if things are going poorly, and benefit them if things are going well. Can be seen in midterm elections as well. (especially in the last 12 months, most important)

Federal Election Commission:

FEC created in 1974 to enforce campaign finance laws. Appointed by president, confirmed by congress, to 6 year terms 3 democrats, 3 republicans

Buckley v. Valeo

First, it held that restrictions on individual contributions to political campaigns and candidates did not violate the First Amendment since the limitations of the FECA enhance the "integrity of our system of representative democracy" by guarding against unscrupulous practices. Second, the Court found that governmental restriction of independent expenditures in campaigns, the limitation on expenditures by candidates from their own personal or family resources, and the limitation on total campaign expenditures did violate the First Amendment. Since these practices do not necessarily enhance the potential for corruption that individual contributions to candidates do, the Court found that restricting them did not serve a government interest great enough to warrant a curtailment on free speech and association. Stated that spending one's own money is a form of speech

Convention system (1832-1908)

Fully developed parties at the mass level. Nomination process controlled by state party leaders. State party leaders have large amount of control over their state's convention delegates. Importance of patronage (postmaster general, NYC port collector). This ends because Dems wanted more direct democracy. More of a reliance on party to understand what the candidate stands for. Nominees now work with state party bosses to win nomination. Still a backroom nomination, but looks more democratic. Convention system ended in 1912 with the election of Woodrow Wilson and the increase in the number of primaries

"Fundamentals"

Fundamentals refer to a group of external factors affecting presidential elections that are largely outside of the control or influence of any particular candidate. Some fundamentals include the state of the economy, whether the individual's party has already held office in the White House for two terms, the involvement of the United States in a costly foreign war, or the fiscal situation stateside. Fundamentals seem to play a considerable role in elections, as Donald Trump's election can be partially explained by fundamental reasoning despite his historic unpopularity. Can determine election based on this Ignore campaign while doing this. Predicting the presidential outcome based on the economy, GDP and approval rating

George Washington (big C) v. Trump (lil C) Inaugural address

GW- congress, more dignity, more formal, suppose to be above congress, DT - attack the government, to the people, less formal, populus, fighting congress

Reconstructive

Have to fix the presidency after the last term, if it was disjunctive, clean up the mess. Make major reforms . Comes in when after a presidency is in crumbles, then comes in and tears it all apart and starts over new. These men faced challenges and a general consensus supporting change that allowed them to remake the politics of the day. Jefferson, Jackson, Lincoln, FDR (weak, opposed)

Political Time (Skowronek)

He groups presidents based on political time, not time periods. He thinks period studies assume the environment has too much influence on the presidency. Showronek is arguing that presidents make their own politics. He makes his own two by two table based on the credibility of the commitments of the current regime and the president's affiliation or opposition to the dominate regime. (top-- opposed/affiliated; side -- vulnerable/resilient)

What is Greenstein's idea of Hidden-Hand Leadership?

Hidden-hand leadership: refuse to engage in personalities, reliance on others to do many political tasks, instrumental use of language, all done behind the scene to protect his reputation among the people and politicians. Aka had his staff do his dirty work for him. Makes him look like he avoids conflict

When are commands likely to be successful?

High approval rating, consistent reputation, informed before taking action, strong reputation among his staff and other political professionals, doesn't make rash decisions, compromising is an option. Commands have to be clear, legitimate, public and able to be carried out.

What makes the president good at bargaining?

If he is able to persuade people with his agenda. He should be feared, but not hated. "More important for you to fear me, than to love me" Needs to consistent, have a good reputation, professional prestige High approval rating and track record Considers all options, and all information first before deciding what action to take Reputation and prestige

How important is partisanship?

Importance has increased over generations, but now there is such divide that there is now a strain on American politics. Partisanship usually determines how one is going to vote for presidents, but there are so many more factors now that even though partisanship plays a huge role, it is not as important and could actually have negative effects on candidates and their campaigns

1800 Election

In what is sometimes referred to as the "Revolution of 1800", Vice President Thomas Jefferson defeated President John Adams. Known as the first peaceful transfer of power Republicans planned to vote for Jefferson to be president and Burr to be VP, but they tied in electoral college votes (one republican was supposed to not vote for Burr so Burr would be VP). Because the candidate with the most votes is president and the runner-up is VP, the tie vote went to the House. The election was a realigning election that ushered in a generation of Democratic-Republican Party rule and the eventual demise of the Federalist Party in the First Party System. Resulted in the 12th amendment, declaring presidents could choose their VP's, among other things. Jefferson (anti-federalist) won over Adams (federalist) essentially by creating a new party

Consequences of McGovern-Fraser Reforms

Increased the # of primaries → more open process → decreases importance of party leaders. Greater shares of delegates are bound to candidate → reduces importance of national conventions. Increased importance of media/conventions seen as advertisements. Support from interest groups/endorsements. Non-established candidates liked it. Increased importance of early states. Created unity → people knew who they were going to support ahead of time. Frontloading: States setting their primaries earlier for increased attention from candidates and having a bigger impact on the election

SuperPacs

Individual of the president's campaign, donors are revealed, and can accept unlimited campaign contributions. can't directly coordinate with campaigns

How has presidential rhetoric changed over the years?

It has been dumbed down now that the President has to address the whole nation and make sure that everyone is able to understand him. If citizens aren't able to easily understand the president, they will lost interest. Everything is broadcasted now a days.George Washington (big C) v. Trump (lil C) Inaugural address

What does it mean to be a patriot king? Are presidents still patriot kings?

Key traits of patriot kings: Above party and faction, represents the national interest, serves out of a sense of duty, elected on basis of past national service Patriot Kings are above party politics and serve out of a sense of duty. They represent national interests and are elected on the basis of past national service. Presidents are no longer patriot kings, the prime example would be George Washington. Not a literal king, (like in England), but he is a regal, symbolic head of state (matches with Patrician era)

Who were the main decision-makers in each period?

King Caucus → Democratic- Republican members of Congress chose their nominees. Parties' congressional delegations met informally to nominate; political elites Convention system → still elite driven, small groups of state and local party leaders handpicked many of the delegates, but the convention was open to the public to seem more democratic (illusion that the public had a say) Mixed system → mix of voters through primaries and political elites. nominees were ultimately chosen at conventions still, but candidates had the option to run in the primaries (still mostly elites because conventions mattered more) Primary system → voters get to choose the nominees, but electoral college has final say. Party decides

How did each selection system end?

King caucus ended after the election of 1824 with the corrupt bargain scandal then transitioned into the convention system where party politicians and voters would gather in a large meeting hall to nominate the party's candidates. Progressives say love direct democracy, so the next system is mixed, that would consist of conventions (where the candidate was really nominated), but candidates could also choose to run in the primaries as well (nominating contest exists). After the election of 1968 when there was huge divide between parties, the selection process went to a primary system allowing the public to control on the presidential candidates. King Caucus ended with the Corrupt Bargain and the Election of John Quincy Adams in the election of 1824 Convention System ended with the election of Woodrow Wilson over Republicans Teddy Roosevelt and William Howard Taft. This shift was ushered in by the increase in the number of primaries. Mixed System ended with the McGovern-Fraser Reforms. Plebiscitary system has not ended (hopefully soon)

Active-negative

Lack of deriving joy after expending much effort on tasks, aggressive, highly rigid, and having a general view of power as a means to self realization. Most likely to fail spectacularly. Work hard with little sense of enjoyment. Their political actions are animated by demons, so they become personally invested in policies. When their policies falter, they are likely to feel personally threatened and are thus reluctant to make concessions or corrections. compulsive type. intense effort and relatively low emotional reward for effort. Perfectionist. Ambitious, striving upward, power seeking ex) John Adams, Woodrow Wilson, Herbert Hoover, LBJ, Nixon, Washington ( aloof, reserved, appealed to a dedication of duty. Didn't try to innovate, sought stability. Did not want to be president and retired to Mt. Vernon)

Anti-federalist view on the presidency

Limited and restricted executive

Mandate

Mandate is the idea that a party, government, or, more likely, an individual has explicit permission given by the people of a nation to carry out to the fullest extent their political program as envisioned by that entity. Presidents or other entities are often said to have been given a mandate to push forward with some policy or agenda based on overwhelming popularity of and support for the president/entity and/or the policy or agenda. Presidents will try to claim a mandate to rule based off a landslide victory.

Does money=victory?

NO, HC raised $1.4 Billion compared to Trump's $957.6 Million. Trump beat HC with less money. Partisanship is a strong determinant in how people vote. Money doesn't necessarily who win, but matters a lot because people spend a lot of time raising it.

If the president does is, does that mean it's not illegal?

Nixon said this in the Frost-Nixon interviews. The President is not above the law (see: Magna Carta) and can be impeached for abuse of power.

What are the cons of POTUS just commanding people to do things

No compromise, or consistency (example: Trump's tweet about transgenders in military policy). Will hurt his reputation Bad at bargaining if their term is almost up. Public opinion/approval rating can decrease. Poor reputation among staff, some of his base. Congress might not want to stand by his side. No clear signals about what he wanted to do/purpose.

Advantages of going public

No more backroom decisions being made without the public's knowledge/input A lot more input and knowledge about decisions being made, able to weigh options. Citizens and other politicians have more access to information. Can know who to support, easier to have an opinion Puts pressure on congress if their constituents support the president or his/her policy. Boosts public engagement/knowledge about the issue.

Will the Electoral College ever go away? Possible reform methods?

No the electoral college will never go away because it would require the ratification of a constitutional amendment which under current political landscape is nearly impossible to come by. Methods: Popular Vote/direct vote Direct election with instant runoff voting. Change how state delegates vote, they would vote with the national popular vote. Have whomever wins congress to elect president . Instead of winner take all, do proportional with electors Proportional allocation of electoral votes

Does money matter?

No, Trump wins (2016 is weird). Fundamental model. But yes it also does because people, organizations, campaigns spend so much time and effort raising money and Congress also spends a lot of time managing money, and finance laws

Critique of Tullis

Not clear Constitution really meant to block strong presidential leadership. Traditional and Modern divide does not capture the gradual evolution of popular leadership. Our nation needs modern presidency to deal with domestic and foreign policy crisis. A president who exercises popular leadership is more democratic.

Oath of Office

Oath taken by the president on the day he takes office, pledging to "faithfully execute" the office and "preserve, protect, and defend" the constitution

McGovern-Fraser Reforms ( a long time ago, after 1968 election)

Open: Explicit party rules and open party meetings Timely: All delegates have to be chosen during the election year. Can't be nominated before election year/didn't want to elect people before the election started. Bans the automatic delegate-status of party officials and elected officeholders Representative: Encourages broad and open participation in delegate selection process. Democratic Party's are selected using proportional representation method. Mandates that minorities' opinion be fairly weighted in delegate selection process. Anti-discrimination provisions. Bans the UNIT RULE. Unit rule: the practice of apportioning delegates in a winner-take-all fashion

Framers debate on presidential power

Pardons, treaties, commander in chief, appoint SCJOTUS, executive actions and orders, vetoes. How much power should he really have? Created checks and balances.

Why was President Trump able to become the GOP nominee without elite support?

Party insiders don't control all of the money and he was largely self-financed Insiders don't control all of the partisan media and Fox went to war with Trump and Trump won. There is a big divide between party's voters and leaders. The voters might not take the cue from endorsements and elite media. They might just support Trump, but not the Republican Party Personal appeal to voters. The cue that "Career politicians cannot be trusted." "When the base doesn't get what it wants, it is because of betrayal by party elites, never because the majority of Americans disagree with what the base wants." "Illegal immigration poses an existential threat to America." Factionalization of Republican Party. Plebiscitary nomination system.

Partisan era (1832-1900)

Party machine was influential. President's power came from patronage. need party support, elite is still in charge but now more to care about

Four eras of presidential sctructure by Skowroneck

Patrician era, Partisan era, Bureaucracy, Plebiscitary era

What are the pros of POTUS just commanding people to do things

People fear him, so they will follow his lead and not defy him. Make the people more confident in his leadership ability, know that he is able to make decisions. Need to have all the information first though. Very direct use of power.

What does Barber think determines presidential success? (personality test based)

Personality and character, "the way the president orients himself to life" Personality traits. Barber divides the president's into positive or negative and passive or active. Barber believes the most successful presidents are Active and positive. They are outgoing, have a vision for the future of the country, and pursue policy to achieve that vision.

501(c)(4)

Politically active nonprofits who don't have to disclose who made their donations, aka "dark money". Are tax-exempt "social welfare" groups that have the advantage of being able to accept unlimited donations but do not have to disclose the names of their donors publicly, as long as partisan political activity is not their "major purpose"

Plebiscitary era (1972-present)

Popular leadership. Driven by the media and technology. President uses Kernell's Going Public concept. The president has his own independent mass communication system and individual centered campaigns.

Public Finance System

Pre-nomination Periods: matching funds used to be available for presidential candidates if they agreed to abide by certain rules and restrictions. - General Election - Nomination Convention

How did Greenstein come up the with Hidden-Hand Leadership idea?

Presidency is suppose to exercise power → creates enemies (makes him a target) President has two roles: Head of state Not be political (too passive/weak) Prime minister Have an agenda (too political, wouldn't serve as a unifying symbol) These two roles conflict with one another: If he did one role and not the other he would be too passive, weak or too political, and wouldn't serve as a unifying symbol.

Patrician era (1789-1832)

President viewed as leader of the nation, not just his party. His power came from his reputation among elite is what matters

The Big "C" Constitution

President was to be a constitutional officer; their main source of authority is the Constitution. Distrust of popular leadership. Presidents gave their state of the union address in writing. GW presidency (2 national tours, gave ceremonial address, highly choreographed visits, kept an arms distance from the public). Thought the House of Reps should represent the people and have the power. Presidents should go through some filters before responding to the public. Feared self interest of demagogues. Didn't make popular appeals.

How does the electoral college affect presidential campaigning?

Presidential candidates only campaign in states that they actually have the chance to win the majority of the vote in order to win all the electors of that state. Focus on states that are declared for one party yet, voters are split and can swing either way "swing states". The electoral college encourages presidential candidates to campaign in certain states like swing states and tipping point states to the detriment of other stats. For example, there is little need for a Republican to campaign in California because it has typically swung Democratic in the last few elections, just as it is futile for a Democrat to campaign in deep-red Texas. Additionally, the electoral college favors certain smaller states because of their undue influence like Iowa, New Hampshire, and Ohio.

King Caucus

Presidential nominating system 1796-1824, candidates for office were nominated either by state legislatures or by "King Caucus" - a closed door-door meeting of a political party's leaders in congress. Left the public out of the process, elite controlled. Used parties which violated what the Founders and constitution would have wanted. Benefits → did choose very well qualified candidates. Undermined the independence of the President from Congress. Not fair and orderly process (Corrupt Bargain 1824). Most gatekeeping in this process. Ended with Andrew Jackson who ran against the system.

What does Neustadt mean by bargaining and persuasion?

Presidential power comes from the ability of bargaining and persuasion. More fear, and people won't defy you Every decision you make → will it enhance or diminish your power? President is Machiavellian → if you do something, the president is going to respond and you should fear it. Persuade by bargaining, he has a lot of power and can get what he wants from ppl. Bargaining is the president's ability to take the tools at his disposal and use them in such a way as the achieve his goals. Bargaining power leads to persuasive power

Tilman Act 1907

Prevented corporations from spending directly on a political campaign from their general treasury

Primary System/Modern/Plebiscitary

Primary elections and caucuses are held in each state, to nominate candidates for pres Registered voters participate to choose a candidate for their party's nomination by voting through a secret ballot. "Invisible primary" - support from party elites before election starts, interest groups, endorsements, major donor support matter. Media, money, momentum Interesting when invisible primary and actual election results are different.

Smith-Conally Act of 1943

Prohibited labor unions from using their treasury funds to make political contributions to federal candidates

Twelfth Amendment

Put Prez and VP ticket on the same ticket. Otherwise people from opposite parties could be Prez and VP. Ensures that the President will be paired with his running mate after the election. If there is no majority vote, House chooses the president & Senate the VP Presidential candidates benefitted. Presidential candidate can now choose VP, and campaign together.

What is the 12th Amendment? Was it a good idea? Who benefited?

Put Prez and VP ticket on the same ticket. Yes otherwise people from opposite parties could be Prez and VP. Ensures that the President will be paired with his running mate after the election. If there is no majority vote, House chooses the president & Senate the VP Presidential candidates benefitted. Presidential candidate can now choose VP, and campaign together. Bad for small states, because tie breakers are much less likely to happen. The Federalists and Whigs probably benefited from this because it gave them a better chance of winning elections.

Mixed System

Real decision about nomination made at national convention. Candidates can choose to run. Introduced primaries to make the process more democratic, but didn't really have any real role in the selection process. TV started playing a large role in the presidential election. Being in primaries could help in general election, show elites that you are worthy or to get donations.

McGovern Fraser Reforms

Reason for these reforms were because of the backlash against the use of caucuses in the 1968 elections, Dem Candidate McGovern had won primaries but was supplanted by LBJ's choice of Hubert Humphrey, bandwagon effect created by his endorsement. The decision by the commission decided it is required for the selection to be open, party leaders could no longer use only caucus to handpick convention delegates in secret. The outcome of these reforms persuaded democrats and GOP parties to use primaries more widely than caucus. Republicans adopted every reform Democrats did after this too. Open: Explicit party rules and open party meetings. Party meetings were held at public places and had uniform times. Timely: All delegates have to be chosen during the election year. Representative: Encourages broad and open participation in delegate selection process. Democratic Party's are selected using proportional representation method. Mandates that minorities' opinion be fairly weighted in delegate selection process

1970s Regulatory Reforms (1971 Federal Election Campaign Act [FECA] and 1974 amendments)

Set contribution limits ($1,000 individual contribution limit). Set spending limits on candidates (struck down by SCOTUS in Buckley v. Valeo). Established public financing system. Created the Federal Election Commission.

Tullis' thoughts on modern presidency

Short-circuits processes of deliberation. Wouldn't like that the president has more power. When you go public, you make it seem that there is no sense of compromise. Flawed because it relies heavily on a crisis atmosphere where none really exists. We get so used to being in crisis, we start crying wolf. Increases unrealistic expectations of president. Results in credibility gap.

What states benefit from the electoral college?

Small states, specifically those with small populations. SLAVE STATES. Small states benefit from the Electoral College because they are overrepresented in it and they have much more sway with respect to their size, influence, and power when compared to much larger states. States with a young population or low voter-turnout also benefit from the Electoral College. Swing states -- more campaigning.

501 4 c

Social welfare groups (partisan political activity is not supposed to be the main activity of the group) Individual of presidential campaign, donors are NOT revealed, can accept unlimited campaign contributions. Can't spend 100% on politics. Donations are not tax deductible. Can't directly coordinate with campaigns

What are swing states and "tipping point" states?

States that are declared for one party yet, voters are split and can swing either way Could be won by either party

Super PACs

Super Political Action Committees: No limit on contributions, but Super PACs have to stay independent of campaigns. They may run commercials and spend unlimited amounts of money in support of a candidate (Citizens United) as long as they don't work with the campaign staff or candidate.

1968 Democratic Convention

THE END OF THE MIXED SYSTEM (1912-1968) Transitioned to the primary system after this. TV started playing a large role in the presidential election. Vietnam war POV on the table ... splitting the party - riots! Hubert Humphrey essentially is required to hold the Vietnam War stance that LBJ holds in order to secure Dem. party nomination. Led to McGovern-Fraser Reforms. Let to the Federal Election Campaign Act (FECA).

Why did the 1968 Democratic convention matter?

THE END OF THE MIXED SYSTEM (1912-1968). Real decision about nomination made at national convention. Candidates can choose to run. Ended the mixed system, transitioned to the primary system after this. TV started playing a large role in the presidential election. Vietnam war POV on the table ... splitting the party. Hubert Humphrey essentially is required to hold the Vietnam War stance that LBJ holds in order to secure Dem. party nomination. Led to McGovern-Fraser Reforms. Let to the Federal Election Campaign Act (FECA).

What is the 25th Amendment? Should the Cabinet use it if they think the POTUS is doing a bad job?

The 25th amendment allows for the Vice President to become president in the event of death, resignation, removal from office or impairment that prevents the current president from fulfilling his or her duties. Yes the Cabinet should use it if they believe the President is doing disjustice to the American population or if unable to perform duties/unfit behavior The 25th amendment is meant to be used if the president is unable to perform the duties of his office due to either physical or mental reasons. The VP, Cabinet, and 2/3 of congress must agree to invoke the the amendment. Whittington says should be saved for actual health (physical or mental) concerns, not used because the president is doing bad job.

Bipartisan Campaign Reform Act 2002

The Bipartisan Campaign Reform Act of 2002 (BCRA, McCain-Feingold Act, amend the Federal Election Campaign Act of 1971 which regulates the financing of political campaigns (John McCain (R) and Russ Feingold (D)) designed to address 2 issues: 1. the increased role of soft money in campaign financing, prohibit national political party committees from raising or spending any funds not subject to federal limits 2. proliferation of issue advocacy ads- defining as electioneering communications that broadcast ads that name a federal candidate within 30 days of a primary/caucus and probit any such ad paid for by a corporation Citizens United v FEC overturns this BCRA was intended to ban soft money contributions to national parties while state and local parties could still accept money from individuals, corporations, and labor unions in amounts up to $10,000 per donor per year, as well as unlimited donations for use in state elections Soft Money - the raising and spending of unlimited amounts of money on party-building and voter mobilization activities

What is the electoral college?

The Electoral College was an outcome of compromises at the Constitutional Convention in 1787. States would vote for local notables to represent them in the EC, and then that delegate would vote for his state. A compromise on whether the President would be elected in vote by the legislature or elected by a popular vote, essentially a piece of federalism where the power is split between the federal government and state governments (Electoral College, US Archives). As well as a compromise representation, specifically that populous states, whom at the time shared many values politically, would not have a major advantage in selecting the president (Black, 2012). The Electoral College, or an indirect election system that uses a body of electors or representatives to select the President and Vice President of the United States (Electoral College, US Archives). The candidate who receives the majority of the electoral votes wins the presidency (Today 270 out of 538 votes) NOT A PLACE

How did the Federalists defend POTUS?

The Federalists defended the strength of the executive first by looking at the ineffectiveness of the previous regime under the Articles of Confederation where there was not a strong executive. The Federalists also defended a strong executive by saying that the office of the president should be unitary (i.e. - singular in actions and decisions and accountability to the people) and provide the energy for the government (i.e. - the president would be the one guiding the government and serving as the only representative of the entire community rather than a particular constituency).

What did the Federalists mean by presidential "energy"?

The Federalists intended the president to have energy to provide the government which can be broken down into four parts. Being able to handle the decisiveness of being the head of government 1). Unity - the executive would be most effective and accountable and legitimate if the power of that office is held in one individual 2). Duration - the executive is more effective if they have long enough time to set their goals through and reelection bids to foster good behavior in hopes of being reelected 3). Adequate provision for its support - Congress and the judiciary should support the president when acceptable and not be an undue hindrance 4). Competent powers - the executive should have prerogative to do as needed when necessary and the executive should have the powers necessary to faithfully execute their office

What are the express powers of the Constitution?

The express powers of the Constitution are those clearly enumerated and defined in the first seven articles. For Congress, most of their express powers are prescribed in Article I, Article II for the Executive, and Article III for the Judicial. The Executive lacks a clearly defined executive power in contrast to the legislative powers, but there are a few clearly delineated tasks charged with the Executive such as the veto power, their status as Commander-in-Chief, the pardoning power, and the power to call Congress into session when necessary.

The Invisible Primary

The period between when a candidate announces their bid for public office and when the actual primaries take place. It's also sometimes called the "money primary" since candidates spend most of their time during this period raising money in an effort to show political strength. (time before the election) In the modern day, play the same role that national conventions used to play During the money primary, candidates raise funds for the upcoming primary elections and attempt to garner support of political leaders and donors, as well as the party establishment.

Describe Skowroneck theory.

The presidency exists in political time. There are political regimes that make up this time and each president falls into one of four subcategories in a regime. Presidents change over time. There are new tools that the president can use to get what he wants. He argues that much of what a president does is a product of the political forces he faces. Political time matters. Presidents are similar to those who fall in the same point in the politcal time cycle. The cycle is irregular.

Little "c" Constitution

The president is uniquely capable of providing the forceful leadership that the nation needs. President can do this by being a public opinion leader. Engages in popular leadership on a regular basis. Authority comes from public opinion, rather than the Constitution. Relies on inspirational, simple rhetoric. Can be leader despite checks and balances. President needed no institutional changes if president harnessed popular leadership and relied on simple, inspirational rhetoric. Government should be led by President (Constitutional Government) Plebcisity era: drawing power by popular support (modern era)

Would the Founders be horrified by the contemporary presidency?

This is an opinion question and depends on whether you see the growth of the modern presidency as a natural extension of the executive office from its inception based on the language and interpretation of the Constitution and Article II or on whether you see the expansion of presidential powers and executive dominance over the government as being a misinterpretation of the Constitution and the intentions of the Framers.

Criticize and defend Barber's model

This model is groundbreaking for offering a new psychological interpretation of Presidents but this model is a drastic simplification of complex individuals with complex motives and emotions. One critique of this model is that it is malleable as evidenced by Jimmy Carter having first been diagnosed one thing and then eventually being described as an active-positive. Another critique is that it is hard to determine what counts as evidence in support of any one of these typologies, as Neustadt emphasizes the childhoods of presidential candidates when evaluating them. The problem with this is that there is imperfect information. Basing these evaluations on a candidate's' track record is also unwise as that is not necessarily a good indicator of what a candidate might do while president. Character must matter in someway, since the president is just one person. Also the political mood of the country reflects the president's character

Describe campaign finance laws over the year.

Tilman Act, Smith Conally Act, 1970s Regulatory Reforms, McCain-Feingold

Describe how Barber categorizes presidents

Two key dimensions of character: (affect & energy) A president's activity level in office. Whether the president "gives the impression he enjoys his political life"

King Caucus

Undermined the independence of the President from Congress. Not fair and orderly process (Corrupt Bargain 1824). Public has very little influence over who is elected president.

Federalist 70

Unitary executive, meaning only one president. The executive branch is characterized by an unity, sufficient powers and a certain degree of secrecy that allows for only one president.

Soft money?

Unlimited contributions to political parties/when cash is contributed to a political party with no limits attached to the amount that can be received. Now illegal. Bipartisan campaign reform act banned soft money, couldn't give unlimited amounts to campaigns

What is going public?

When the public is involved with the policy process Theory by Kernell, stating that presidents appeal to the public for support on certain policies. It is most successful when the president is popular and the policy is one that people care about. "Going Public" refers to a strategy where the president promotes the office of the president and the president's policies by appealing to the American public for support. President is often referred to as using the "bully pulpit" Bargaining goes down → institutionalism pluralism goes down. People will learn about the secret deals, and it's impossible to fit everyone that matters in one room to make a unilateral decision Individualized pluralism → so many people hat making decisions is a lot harder. The president now can appeal to the public to basically "bargain" now Uses his popular opinion to persuade people. Like when he goes around and campaigns, rallies, meetings.

Did the party decide? Does the party decide? Who is the party?

Yes the party did and still does decide. The party can be decided as any individual who has influence over people and can affect the way they might vote. Party elites might be weaker because of media. Money --> don't need party support now, you can just have one donor give you a lot of money. They do so through "invisible primaries". Party insiders play a critical role. Endorsements as a source of resources and a cue for voters. The party encompasses interest groups, issue-advocacy groups, ideological activists, bloggers can sway voters. Candidate with most endorsements before Iowa Caucus likely to be nominee (Invisible Primary). Invisible primary: the campaigning that precedes each election cycle Part of the controversy of the book is "the party" is hard to identify, but it is not just the formal DNC and RNC. It's all of the people who have made a commitment to be part of the group that's coordinating together to try to advance the party's interests. "The party" can include a lot of voices that either support Trump or regard him as acceptable. The party also could include not just top politicians and party insiders, but also issue-advocacy groups and activists. Doesn't tell us what happens when the party can't decide Groups make decisions by talking to each other

Was Hillary Clinton's victory in the Democratic primary harder than expected given her victory in the invisible primary?

Yes, (I think). Lesson 4 from "The Party Decides" says that there are cracks in the Democratic Party's Establishment's Armor. Establishment candidate HC should win nomination, but based on data, Bernie and HC had the same amount of support from white voters. HC was expected to have a huge financial edge, but Bernie was pretty close to her donations ($20 million difference, and he had 66% small contributions compared to HC having 18% small)

Super Tuesday

a day on which several US states hold primary elections. In 1988, several southern states held their primaries on a Tuesday in early March. This was not the first technical Super Tuesday, but it was significant. Democratic party leaders hoped that it would help moderate the candidates who won the nomination.

Frontloading

a decision to move a primary date to the beginning ("front") of the presidential nomination season. State party leaders have moved their primary dates to the front so that their partisans may have more influence in the selection process. Refers to the trend of states to move their primaries up earlier in the election year to gain more leverage and political influence.

Passive-positive

a low self-esteem compensated by an ingratiating personality, superficially optimistic, and a desire to please. compliant type. Little effort and always seeking to be loved. Receptive and compliant. Searched for acceptance by being agreeale and cooperative rather than personally assertive. Tries to "soften the hard edges of politics." Often becomes disappointed and disillusioned with politics in general. ex) William Taft, Warren Harding, Ronald Reagan

Passive-negative

a strong sense of duty, desire to avoid power, low self-esteem compensated by service towards other, and an overall dislike to intense political negotiation. withdrawn type. Puts little effort into the system and enjoys the process even less. Service compensates for low self-esteem. Only in politics because they believe they should be. Tendency to withdraw and avoid conflict. Considers himself to be the guardian of the right and proper way ex) George Washington, Calvin Coolidge, Dwight Eisenhower

Superdelegates

an unpledged delegate to the Democratic National Convention who is seated automatically and chooses for themselves for whom they vote. These Democratic Party superdelegates (who make up just under 15% of all convention delegates) include elected officials and party activists and officials. Democratic superdelegates are free to support any candidate for the presidential nomination. These are party officials and elected leaders who go to the convention pledged to a candidate.

Joint fundraising committees

can accept checks up to $358,800. Can join together with state party committees, so they can write one big check for more people to support and are able to give a lot more, then the committee negotiates how the money is divided and to whom (McCutcheon case created this)

Affiliate/articulate

continue party platforms, goes along with the currently ruling regime, faithful sons, orthodox innovators. The commitments are resilient and the president affiliated, so all he can do is more of the same only better. He is the orthodox-innovator. Often don't seek reelection (Polk, Teddy Roosevelt, and LBJ) because of the challenges of this type of politics. (strong, aligned) Polk, Roosevelt, LBJ

What do Neustadt and Greenstien have in common?

discuss the president's skillful use of power

Federalist view of the presidency

energy in the executive

Bundlers

has many individuals to collect money from, then bundles up the checks and gives the money to candidates. Megabundlers: individuals or couples who raise or donate $1,000 toward presidential bids (Trump didn't release any information about his bundlers). One person raises money from a bunch of people, then that one person takes credit for it. Need to have a good social network to be a good bundler.

Death of the Public Finance System

prenomination period (matching funds) - general election ($91 million lump sum) - nomination convention (approx 18 million)

Commander in Chief phrase

president is in charge of military, army

4 types of political time

revolve in a circle sense. Reconstructive, affiliate, preemptive, disjunctive. No limits on how long these times last

Federal Regulations of 1970s

set contribution limits ($1,000 individual contribution limit) set spending limits on candidates (struck down by Supreme Court in Buckley v Valeo) establish public financing system create the federal election commission. 3 Dems, 3 Republicans none of them agree to go after someone- lot of bark no bite

What did the framers debate when designing the presidency?

term length, impeachment, method of election, powers

Framers debate on impeachment

that a president should be impeached for abuses of power that subvert the Constitution, the integrity of government, or the rule of law. Needed a way to protect the community from the president.

Wilson's Presidency

the change from Big C to little C constitutional presidency in the modern era. He took tours and made speeches. Made a state of the union address in person. Read a short speech because it could be consumed by the public more easily. More popular leadership type of presidency now, engaged with the public

Disjunctive

when the regime is starting to fail and not keeping up with the times and the people, leaving the government in shambles. Super challenging cause your ideas aren't working and your coalition is falling apart. You can't switch parties, so you are trapped with these ideas. Set up to fail. The president cannot confirm the commitments of government because they are vulnerable. He cannot repudiate them because his support come from the dominate regime. Thus, he cannot act in a credible manner and he is viewed as incompetent. (weak, aligned) Adams, Buchanan, Hoover, Carter

Preemptive

wild card, usually follow the cycle but from the opposite party. Usually have scandals. Have to accept these policies, even though I disagree with them. Have to be a sell out, people are mad at you at both sides. Often look sleazy like Nixon and Clinton. They are opposed to the dominate regime, but the regimes is powerful via their resilient commitments. These presidents attempt to define new lines of cleavage. Their attempts to reshape an established order often lead to significant constitutional conflicts (impeachment).(strong, opposed). Johnson, Nixon, Wilson, Clinton