AP Gov. Chapter 14 - The Presidency

Constitutional Requirements for President

Must be 35 years old. Must be a natural-born citizen. Must be a resident of the United States for 14 years. Must take an oath of office swearing or affirming to carry out the responsibilities of the Presidency and pledging to "preserve, protect and defend the Constitution of the United States"

Executive Powers

Powers that exist for the national government because it is sovereign. Inherent power of the president expands the power of the president. Derived from the delegated authority of the president as the chief executive and commander-in-chief. Explained through presidential signing statements that are attached to legislation. Expanded by the use of executive privilege, executive orders, and precedent. Examples: -President committing troops to foreign countries without seeking a declaration of war, the president establishing an electronic warrantees surveillance system without congressional approval.

Bully Pulpit

Term "bully pulpit"comes from Teddy Roosevelt's reference to the White House as a "bully pulpit" meaning that he could use it as a platform to promote his agenda. President uses his bully pulpit as a means of communicating with the American people through the media coverage of presidential events. Using power of the office to exert pressure. Examples of how a President uses a bully pulpit: -Reagan began the practice of Saturday morning radio broadcast to speak about specific policies. -Bill Clinton and George W. Bush held town meetings to advocate their positions on policies they policies. -Presidents spoke to special-interest groups that support the policies the president has announced.

Presidential Veto

Two types of vetoes that the president can exercise: -Regular veto -Pocket veto Regular veto: -Used by the president when he does not like either an entire piece of legislation or part of a law that is passed. -Must veto an entire bill even if he does not approve a part of it -If the president uses a regular veto, Congress must override it by a 2/3 vote of each house. -If Congress does not override the veto, then the veto is sustained by Congress because either one or both houses did not have a 2/3 majority vote. -Legislation is dead unless it is brought up in the future as a new bill. Pocket Veto: -Occurs if the president does not sign a bill within 10 days after Congress adjourns.

Coattail Effect

Weaker or lesser-known candidates from the President's party profit from the president's popularity by winning votes.

Pardon

Cancellation of criminal punishment. A convicted person is exempt from the penalties of a crime. -Granted by presidents and governors to those awaiting trial and to those convicted of crimes.

Commander-in-chief

He is the chief strategist and director of military forces of the U.S. Despite this position: -President is at the mercy of Congress for funding to wage war •although it is unlikely that Congress would refuse funding once the president has engaged troops in conflict.

Constitutional and Informal Basis of the President's Foreign Policy Authority

Article II of the Constitution gives the president the authority as commander-in-chief of the armed forces and gives the president the authority to appoint: -Ambassadors -Cabinet heads of agencies related to foreign policy such as *Secretary of state, secretary of defense, secretary of homeland security with the consent of the Senate -National Security Advisor -Head of Central Intelligence Agency -National Security Council The right to make treaties President also acts as chief of state. receives ambassadors from foreign countries, travels to foreign countries, and can issue executive orders that can impact foreign policy.

President's Cabinet

Part of the "unwritten Constitution" that is based on practice, precedent, and tradition. -Constitution does make reference to "executive departments" Washington established the practice of appointing cabinet officials. There are currently 15 cabinet level positions and 6 cabinet rank positions. After the appropriate committee holds confirmation hearings, cabinet appointees must get Senate confirmation. Congress must approve the creation or abolition of cabinet level positions.

Informal Sources of Presidential Power

-President makes legislative recommendations to Congress -President acts as unofficial leader of his political party -President uses executive privilege to protect presidential actions from congressional oversight -President acts as a lobbyist for implementation of his agenda -President acts as chief of state when hosting foreign leaders

Line-item Veto

Allows individual parts of a bill to be rejected. In 1996, Congress gave the president the line-item veto, but the Supreme Court immediately struck down the power delegation as unconstitutional (Clinton v. New York) determining that: -a federal line-item veto would take too much power away from the legislative branch -The Constitution clearly states that a presidential veto must be used to oppose an entire piece of legislation

Office of Management and Budget

Also called OMB, is run by a director who is confirmed by the Senate. Main responsibility of the OMB is to assist the president in observing the preparation of the federal budget and supervise its administration after budget is passed by Congress. OMB also evaluates the effectiveness of bureaucratic agencies and sets funding priorities. OMB issues reports and recommends legislation related to budget priorities.

Watergate

Break-in at the Democratic National Committee headquarters at the Watergate building in 1972 that resulted in a cover-up and the subsequent resignation of President Nixon.

Congressional Budget Office

CBO was created in 1974 as result of hostile relations between Congress and President Richard Nixon. Purpose of office was to establish a nonpartisan arm of Congress that would generate economic reports related to budget issues including the president's proposed budget and congressional budgets. CBO works closely with the House and Senate budget committees as well as other committees that have appropriation responsibilities. CBO gives reports on the cost estimates for every bill that is discussed in congressional committees.

Constitutional Powers of Vice-President

Constitution gives the vice-president one power-to act as president of the Senate and act as the Senate's chief president officer. Vice-president uses this power to cast a tie-breaking vote in the Senate.

Budget and Impoundment Control Act

Established congressional budget committees and the Congressional Budget Office -Gave Congress the power to prevent the President from refusing to fund congressional initiatives (impoundment)

Executive Office of the President

Executive Office of the President consists of key White House staff members who are the President's closest advisors. Executive Office has the following components: -Office of the President (White House staff) -Office of the Vice-President -Office of Management and Budget -Office of Administration -U.S. Trade Representative Policy development offices including the National Security Council, National Economic Council, Domestic Policy Council, Office of Science, Technology, and Space, the office of Environmental Policy, and the National Drug Council.

Executive Order and Executive Agreement

Executive Order -Presidential Statements that have the force of law and do not need congressional approval unless appropriations are needed to carry out the order. -Examples: *Harry Truman's integration of the military *JFK's order to create the Peace Corps *Bill Clinton's "Don't Ask, Don't Tell" Military Policy Executive Agreement -Made with foreign countries and do not require Senate approval.

Imperial Presidency

Exercising greater presidential power than the Constitution allows. Article II of the Constitution outlines the powers of the president - checks and balances of the other branches of government limit them After the 60s and 70s, Arthur Schlesinger Jr. argued that the presidency had become so powerful that an "imperial Presidency" existed, applying the term to Richard Nixon and his administration. From 2002 and 2008 President George W. Bush and Vice President Dick Cheney argued for greatly expanded powers for the presidency in both domestic and foreign affairs.

Joint Chiefs of Staff

Five uniformed heads of the five military service work together. Led by a chairman. Joint Chiefs and chairman are responsible for carrying out defense policy and report directly to both the secretary of defense and the president.

National Security Council

Involved in decisions during national emergencies. Headed by National Security Advisor who has direct access to the president. -NCS has become a top favored institution for many presidents as it is largely free from congressional oversight. NCS was used by President Kennedy during Cuban missile crisis, President Reagan during the Iran-contra affair, and President Bush during the Gulf War.

War Powers Act

Limits the ability of the president to commit troops to combat. Congress passed a joint resolution limiting the President's power to wage war without a declaration of war from Congress. Provisions of the act include the requirement that the president consult with Congress prior to deploying troops, and after the deployment of troops setting up date benchmarks for the removal of troops if Congress has not declared war or authorized the use of force.

Signing Statements

Made by the president at the time the president signs a bill into law. These statements give explanatory views about the legislation -Critics claim that the effect of the statement is to change the intent of the law Example: -President George W. Bush added a signing statement to a bill passed by Congress that outlawed torture, stating that the president has the power to define torture. Supporters of presidential signing statements claim that these statements are justified because the president has the constitutional authority to carry out legislation.

Executive Privilege

Power assumed by the President to protect the privacy interests of the executive branch. First invoked by George Washington and used by President in the area of foreign policy. Nixon attempted to use executive privilege to protect conversations with aides related to the Watergate scandal and to protect tapes that revealed discussion about Watergate. The Supreme Court in U.S. v. Nixon ruled unanimously that the tapes were not protected by executive privilege. President Clinton attempted to use executive privilege to protect himself from appearing before a grand jury and allowing himself from appearing before a grand jury and allowing aides to testify about the Monic Lewinsky affair. Clinton ultimately compromised and the claim of executive privilege was dropped.

Inherent Powers of the President

Powers that exist for the national government because it is sovereign. Inherent power of the president expands the power of the president. Derived from the delegated authority of the president as the chief executive and commander-in-chief. Explained through presidential signing statements that are attached to legislation. Expanded by the use of executive privilege, executive orders, and precedent. Examples: -President committing troops to foreign countries without seeking a declaration of war, the president establishing an electronic warrantees surveillance system without congressional approval.

Presidential Appointment Process

President must seek Senate approval of appointments to the Cabinet, heads of bureaucratic agencies, and federal judges. Once a president appoints an individual, the Senate: -Holds hearings in the appropriate committee -If committee approves appointment, the candidate's name is sent to the full Senate, which must approve the candidate with a majority vote •This is called advise and consent Committee hearings are often controversial and the senators grill the nominees in front of a national audience. A recess appointment is made when the president makes a temporary appointment when Congress is not in session.

Impoundment

Refusal of the President to spend money Congress has appropriated. Since the Budget and Impoundment Control Act of 1974, Congress has the power to prevent the president from taking that action.

Impeachment of President

Removal from office after charges of "high crimes and misdemeanors" are brought up by the House of Representatives and a trial in the Senate convicts the president of the charges brought by the House. First step in the impeachment process is the House Judiciary Committee voting to bring articles of impeachment against the president to the full House. House of Representatives votes on the articles of impeachment and if a majority of the members of Congress vote yes, the Senate then convenes and conducts a trial. The chief justice of the U.S. Supreme Court presides over the trial and in order to convict the president, a 2/3 majority of the senators must vote yes. Only two presidents have been impeached - Johnson and Clinton.

Council of Economic Advisors

Three people are appointed to the council by the president who have economic expertise and must be confirmed by the Senate. Council advises the president in the preparation of economic reports. Council gathers information concerning economic developments and trends and submits to the president reports related to their findings. Council recommends to the President national economic policies that promote free enterprise and further national employment. Council recommends economic legislation that would achieve the economic goals of the administration.

White House Chief of Staff and National Security Advisor

White House Staff: -White House chief of staff is president's closest advisor. -Position of chief of staff does not require Senate confirmation. -Coordinates the day-to-day schedule of the president and is often called the White House "gatekeeper" National Security Advisor: -Provides daily security briefings to the president along with other key security personnel.

White House Office Staff

White House staff makes up the personnel that run the White House and advise the president. Staff members do not need Senate confirmation. Staff members include: -Chief of staff -Communications office including press secretary, councils to the president, personal aides, and ancillary people such as White House cook and personal secretaries to the president and First Lady. Most staff members either work for the president during the election campaign or have been associated with the president prior to the president's election. In most cases, staff members are protected by presidential executive privilege in the discussion with the president.

White House Press Secretary

Works out of the office of communications and is the chief White House spokesperson to communicate directly with the media. Press secretary does not need Senate confirmation. Press secretary attempts to control the flow of information out of the White House and tries to set the agenda on a daily basis. Press secretary holds daily press briefings that are televised from the WH press officez