American Politics Chapter 8

senatorial courtesy

tradition of granting senior senators of the president's party considerable power over federal judicial appointments in their home states sig A president's choice of judges for the federal district courts is also limited by the tradition of If presidents should ignore the custom of senatorial courtesy and push a nomination unpopular with one of the home state senators, fellow senators will generally refuse to confirm the appointee

head of state

the apolitical, unifying role of the president as symbolic representative of the whole country

signing statements

statements recorded along with signed legislation clarifying the president's understanding of the constitutionality of the bill Another source of tension between the two branches presidents have been issuing statements if they thought a part of a bill they signed unconstitutionally restricted executive power

power to persuade

a president's ability to convince Congress, other political actors, and the public to cooperate with the administration's agenda sig to achieve what is expected of them, the argument goes, presidents must persuade others to cooperate with their agendas For the modern presidency, the all-important power to persuade is is tied directly to a president's popularity, which goes on to vastly shape administrations

impeachment

a formal charge by the House that the president (or another member of the executive branch) has committed acts of "Treason, Bribery, or other high Crimes and Misdemeanors," which may or may not result in removal from office sig The power of impeachment is meant to be a check on the president, but it is most often threatened for partisan purposes

presidential veto

a president's authority to reject a bill passed by Congress; may be overridden only by a two-thirds majority in each house sig The principal legislative power given the president by the Constitution Congress can override a veto with a two-thirds vote in each house, but because mustering the two-thirds support is quite difficult, the presidential veto is a substantial power. Even the threat of a presidential veto can have a major impact in getting congressional legislation to fall in line with the administration's preferences Congress has regularly sought to get around the obstacle of presidential vetoes by packaging a number of items together in a bill. Traditionally, presidents have had to sign a complete bill or reject the whole thing. Thus, for example, Congress regularly adds such things as a building project or a tax break for a state industry onto, say, a military appropriations bill that the president wants. Often presidents calculate that it is best to accept such add-ons, even if they think them unjustified or wasteful, in order to get passed what they judge to be important legislation.

pardoning power

a president's authority to release or excuse a person from the legal penalties of a crime sig One additional judicial power granted to the president by the Constitution This power descends from a traditional power of kings as the court of last resort and thus a check on the courts. Pardons can backfire in dramatic ways. When pardons like this are motivated by personal, political, or partisan considerations, rather than as a check on the power of the courts, they tend to be seen by the public and the media as presidential abuses of the public trust.31

going public

a president's strategy of appealing to the public on an issue, expecting that public pressure will be brought to bear on other political actors sig Presidents use their powers as both head of government and head of state to appeal to the public. he intention is to garner support among specific and strategically situated leaders who have the capacity to move on problems even in the face of continued congressional gridlock

cabinet

a presidential advisory group selected by the president, made up of the vice president, the heads of the federal executive departments, and other high officials to whom the president elects to give cabinet status oversee the work of implementation His responsibilities place him at the top of a vast federal bureaucracy. But his control of the federal bureaucracy is limited, as we will see in Chapter 9, because although he can make a large number of appointments, he is not able to fire many of the people he hires.

State of the Union

address a speech given annually by the president to a joint session of Congress and to the nation announcing the president's agenda is a major statement of the president's policy agenda sig Even though the president is the head of the executive branch of government, the Constitution also gives him some legislative power to check Congress

executive orders

clarifications of congressional policy issued by the president and having the full force of law sig Although the Constitution does not grant the president the power to make law, his power to do so has grown over time and now is generally accepted. Some of the most significant presidential actions have come from executive orders Together with executive agreements, and even signing statements, these quasi-legislative powers, what one author calls presidential "unilateralist politics," significantly increase the president's role as a policymaker, independent of Congress

Executive Office of the President

collection of nine organizations that help the president with policy and political objectives Consequently presidents tend to centralize their decision making by relying more on their advisers in the Executive Office of the President for advice they can trust designed specifically to serve the president's interests, supply information, and provide expert advice

legislative liaison

executive personnel who work with members of Congress to secure their support in getting a president's legislation passed xhe cycle effect means that presidents need to present their programs early, while they enjoy popular support. Unfortunately, much opportunity available during the honeymoon period can be squandered because of inexperience

treaties

formal agreements with other countries; negotiated by the president and requiring approval by two-thirds of the Senate

presidential style

image projected by the president that represents how he would like to be perceived at home and abroad In addition to their personality differences, each president strives to create a presidential style hese personal differences in how presidents present themselves are real, but they are also carefully cultivated. Each also strives to distinguish himself from his predecessors, to set himself apart, and to give hope for new, and presumably better, presidential leadership Presidential style is an important but subtle means by which presidents communicate. It can be an opportunity for enhancing public support and thereby the president's ability to deal effectively with Congress and the media. But any style has its limitations, and the same behavioral and attitudinal characteristics of a style that help a president at one juncture can prove a liability later.

Council of Economic Advisers

organization within the EOP that advises the president on economic matters Because modern presidents are held responsible for the performance of the economy, all presidents attempt to bring about healthy economic conditions.

Office of Management and Budget

organization within the EOP that oversees the budgets of departments and agencies which helps the president exert control over the departments and agencies of the federal bureaucracy by overseeing all their budgets. The director of OMB works to ensure that the president's budget reflects his own policy agenda. Potential regulations created by the agencies of the national government must be approved by OMB before going into effect. This gives the president an additional measure of control over what the bureaucracy does.

National Security Council

organization within the EOP that provides foreign policy advice to the president the council's role has expanded at times into actually carrying out policy—sometimes illegally, as in the Iran-contra affair When the existing federal bureaucracy is less than fully cooperative with the president's wishes, some presidents have simply bypassed the agencies by running policy from the White House.

divided government

political rule split between two parties, in which one controls the White House and the other controls one or both houses of Congress When the president and the majority of Congress are of the same party, the president is more successful at getting his programs passed. Part of the problem is that in our highly polarized politics today, passage of a bill supported by the president is evaluated not only in terms of policy impact, but also as giving a victory to the president, which is something the opposition is loath to do. An equally important part of the problem of divided government is that members of different parties stand for different approaches and solutions to the nation's problems. Thus, under divided government, Congress tends to ignore what the president wants, and the president tends to veto what the opposition majority party in Congress offers. Under divided government, presidential success is likely to falter

executive agreements

presidential arrangements with other countries that create foreign policy without the need for Senate approval sig While the requirement of Senate approval for treaties is meant to check the president's foreign policy power, much of U.S. foreign policy is made by the president through avoids the slower and more cumbersome route of treaty making used much more frequently than treaties This heavy reliance on executive agreements gives the president considerable power and flexibility in foreign policy. Executive agreements are used not only to get around the need for Senate approval. Often they concern routine matters and are issued for the sake of efficiency. If the Senate had to approve each agreement, it would have to act at the rate of one per day, tying up its schedule and keeping it from many more important issues.14 However, even though the executive agreement is a useful and much-used tool, Congress may still thwart the president's intentions by refusing to approve the funds needed to put an agreement into action.

inherent powers

presidential powers implied but not stated explicitly in the Constitution sig Inherent powers are not listed explicitly in the Constitution but are implied by the powers that are granted, and they have been supported, to some extent, by the Supreme Court.

solicitor general

the Justice Department officer who argues the government's cases before the Supreme Court sig The least controversial way a president can try to influence a court decision is to have the Justice Department invest resources in arguing a case. The third-ranking member of the Justice Department, The solicitor general is thus a bridge between the executive and the judiciary, not only deciding which cases the government will appeal to the Court, but also filing petitions stating the government's (usually the president's) position on cases to which the government is not even a party. These petitions, called amicus curiae ("friend of the court") briefs, are taken very seriously by the Court. The government is successful in its litigation more often than any other litigant, winning over two-thirds of its cases in the past half-century, and often having its arguments cited by the justices themselves in their opinions

White House Office

the approximately four hundred employees within the EOP who work most closely and directly with the president Closest to the president, both personally and politically, are the members White House staffers have offices in the White House, and their appointments do not have to be confirmed by the Senate The organization of the White House Office has also varied greatly from administration to administration. Presidential scholar James P. Pfiffner has described this organization generally in terms of the following three functional categories: policymaking and coordination, outreach and communications, and internal coordination

chief of staff

the person who oversees the operations of all White House staff and controls access to the president Central to the White House Office Depending on how much power the president delegates, the chief of staff may decide who gets appointments with the president and whose memoranda he reads. The chief of staff also has a big hand in hiring and firing decisions at the White House. Critics claim that the chief of staff isolates the president by removing him from the day-to-day control of his administration, but demands on the president have grown to the point that a chief of staff is now considered a necessity. The chief of staff and the other top assistants to the president have to be his eyes and ears, and they act on his behalf every day. A general principle that presidents employ is that their staffs exist only to serve them. When things go well, the president gets the credit; when they do not, the staff take the blame, sometimes even being fired or asked to resign. Such replacements are not unusual at all as presidents change personnel and management strategies to maximize their policy effectiveness and political survival.

head of government

the political role of the president as leader of a political party and chief arbiter of who gets what resources all functions that will result in some citizens winning more than others, some losing, and some becoming angry—all of which work against the unifying image of the head of state

cycle effect

the predictable rise and fall of a president's popularity at different stages of a term in office sig he cycle effect means that presidents need to present their programs early, while they enjoy popular support. Unfortunately, much opportunity available during the honeymoon period can be squandered because of inexperience

chief administrator

the president's executive role as the head of federal agencies and the person responsible for the implementation of national policy Herein lies much of the executive authority

chief foreign policy maker

the president's executive role as the primary shaper of relations with other nations sig This role is not spelled out in the Constitution, but the foundation for it is laid in the provision that the president negotiates treaties

commander-in-chief

the president's role as the top officer of the country's military establishment sig The Constitution gives Congress the power to declare war, but as the commander-in-chief, the president has the practical ability to wage war. These two powers, meant to check each other, instead provide for a battleground on which Congress and the president struggle for the power to control military operations.

honeymoon period

the time following an election when a president's popularity is high and congressional relations are likely to be productive