Presidential Politics Midterm
25th Amendment
(Succession to the Presidency) -Section 1: Presidential Power can be transferred to the Vice President in the case of death or resignation --Section 2: VP is replaced by whomever the President nominates-(upon the confirmation by majority vote House and Congress. -US Const. says when a President is "unable to discharge powers and duties of office" The VP becomes President -This can be long term or short term-If President has died, resigned, lost the job, the VP serves rest of term. -Before the 25th Amendment, the VP spot remained empty until next election. -Ratified 1967
12th Amendment
-Meant to amend the Electoral College - Provides a procedure in Const -Original Rule: Each member of the Electoral College cast two votes for Pres and VP. -Majority of electors=Pres, 2nd Most Votes=VP -If candidates were tied, House of Rep held election to choose Pres. Senate would choose VP if tied for 2nd most votes. -adaption of 12th amendment solved party problems by allowing each party to nominate their VP and P as a pair. -12th amendment now required elector to cast one vote for President and one for Vice President (reduces chance of tie, different parties. (Burr vs Jefferson 1800)
Ten Offices
1. White House Office Presidents top advisors Chief of Staff, white house counsel, vice president, etc... 2. National Security Council 1947 Congress created the national security council so that presidents can get national security advisor The president, vice president, secretary of state National security advisor travels with the presidency 3. Office of Management Budget The current face of the Bureau of the Budget(BOB) Gave the ability to the president to create 1 giant executive budget and establish priorities The head of OMB is responsive to the president and congress 4. Council of Economic Advisors Came out of the effort to have a president provide Congress with an economic update. 4 statutory members: President, Vice President, Secretary of Defense, Secretary of State. 5. Office of the United States Trade Representative 6. Council of Environmental Quality 7. Office of Science and Technology Policy 8. Office of Administration 9. Office of Policy Development
3/5's Compromise
3 out of every 5 slaves would be counted in the general population, for representation purposes Delegates from northern and southern states saw issues: how slaves should be counted. Northern states felt slaves should not be counted, while the south fought for them to be represented.
The Vice Presidency Requirements
35 yrs old Natural Born Citizen 14yrs resident of the U.S From a different state as president
Super Tuesday
A day on which several U.S states hold primary elections large regional primary in South* Effects of Super Tuesday: favors candidate from the region, South, however, need money in advance in order to compete in several states in one day
Justiciable Case or Controversy
A federal court will not hear a case unless it is justiciable. To be justiciable there must be a case in controversy. Federal courts will not render advisory opinions
government corporation
A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
Acquisitive Model
A model of bureaucracy in which top-level bureaucrats seek to expand their budgets and staff to gain greater power and influence in the public sector.
Monopolistic Model
A model of bureaucracy that compares bureaucracies to monopolistic business firms. Lack of competition in either circumstance leads to inefficient and costly operations.
Political Parties What are the parties?
A political party is an organized group of people with the same political ideologies who seek to capture political power through elections in order to put their candidates in office to implement the party's agenda.
Federal Question
A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
Realignment Elections:
A realigning election (often called a critical election, political realignment, or critical realignment) is a set of sharp changes in party ideology, issues, party leaders, regional and demographic bases of power of political parties, and the structure or rules of the political system, such as voter eligibility or financing. The changes result in a new political power structure that lasts for decades, replacing an older dominant coalition
Political Parties What is a two party system?
A two-party system (Bipartisan) Republican & Democrat
How has the presidency been Democratized?
Amendments that made Voting More Inclusive 15th: voting for all races ` 19th: women's right to vote 23rd: District of Colombia gets Electors 24th: Elimination of Poll Taxes 26th: dropped voting age from 21 to 18
Jeffrey Tulis: The Rhetorical Presidency
Argument: the authority of the modern presidency is derived from the statecraft and the 2 constitutions 1st constitution: the presidency created by the framer 2nd constitution: more derived from public opinion Argues that the founders attempted to limit the president's reliance on popular sentiments
What if a candidate wins the Electoral Vote without winning a majority of the popular vote?
Become president
Political Parties How did they come bout?
Began to form during the struggle over ratification of the federal constitution of 1787 Creation of new federal govt, question how powerful govt should be Federalist-favored strong centralized government, Anti—Federalist favored states rights which led to political factions The rapid evolution of political parties from factions was an inventive American response to political conflict
Roles of the President Chief Executive:
Can appoint officers of the US, Responsible in making sure that laws are executed, Has powers of pardons (granted the release of punishment) and reprieves (power to postpone the execution of a sentence)
Roles of the President Head of State:
Ceremonial head Decorate War Heroes Meet Foreign heads of state Dedicate parks & Post Offices Represent nation in mourning Throws first pitch opening baseball
The Executive and the Articles of Confederation: Articles of Confederation
Drafted as a "first constitution" for the United States. Served as a basis of laws and regulations for the government Problem with the Articles: lacked executive power power went straight to the states President under the articles had no power to levy taxes
The Executive and the Bureaucracy Brownlow Committee (1937)
During FDR's presidency Recommended changes to the executive branch of the U.S. bc there was a disorganized federal budget Recommendations of the committee resulted in the executive office of the president Advised the creation of 6 member white house departments IMPORTANT: BUREAU OF BUDGET(BOB)WAS MOVED TO WHITE HOUSE UNDER FDR, LATER NAMED OFFICE OF MANAGEMENT BUDGET
Helvidius vs Pacificus Debate
Duty of the executive to keep the peace until the war is declared.
Treat Power of President
Empowers President to make/enter treaties with the consent of ⅔ of Senate
Structure of Bureaucracy
Executive Office of the President-->Cabinet Departments--> Independent Agencies, Regulatory Agencies & Commissions, Government Corporations
What role did precedents play for President Washington? Explain the concept and provide examples
First President to set the precedent of serving 2 terms First President to set a farewell address Take the Oath of Office on a Bible First President to give a State of the Union Address Made it acceptable for presidents to retreat from the pressures of the job to their own homes while in office Finally, in part because of his wish to return to his estate on the Potomac, but likewise to escape the relentless attacks of the opposition press, he retired after serving eight years and so set the precedent that presidents should only serve for two terms. Washington also set precedents for the social life of the president. Troubled by how the presidents of the Confederation Congress had been overwhelmed by visitors, Washington spent his days doing the business of government and set aside the late afternoon for meetings with the public and evenings for dinner parties with invited guests. These practices are still followed by White House protocol.
Neutrality Proclamation
Formal announcement issued by the US President George Washington- nation was neutral in the conflict between France and Great Britain
Constitutional Convention:
Held in Philadelphia May 27, 1787; the purpose was to change the articles of confederation; Washington was chairman, purpose was to produce the new US constitution
15 Cabinet Department
IN ORDER OF SUCCESSION TO THE PRESIDENCY Vice President of the United States 1. Department of State 2. Department of the Treasury 3. Department of Defense 4. Department of Justice 5. Department of the Interior 6. Department of Agriculture 7. Department of Commerce 8. Department of Labor 9. Department of Health and Human Services 10. Department of Housing and Urban Development 11. Department of Transportation 12. Department of Energy 13. Department of Education 14. Department of Veterans Affairs 15. Department of Homeland Security Alternative cabinets and bringing function to the white house The alternative to the Cabinet is the White House Staff Appointment and Removal Powers The President Has the power to remove and appoint members of his Cabinet, but he needs the Senate to approve his Appointments. This is in Article II of the U.S. Constitution.
What if no candidate wins a majority of the Electoral College, and the house chooses a candidate other than the popular vote winner?
If the candidate that got a majority in the popular vote, but no majority in the electoral vote, the election goes to the House of Representatives (who elect the President) and Senate (who elect the Vice President)
What does it mean when Richard Pious noted, "The President claims the silences of the Constitution?"
It means that all powers that are not spelled out in the Constitution are to be granted to the president without any issues from the courts or Congress. Abraham Lincoln's suspension of the writ of habeas corpus was an example of one of "The President claims the silences of the Constitution".
Framers Presidency vs. "Modern Day Presidency"
Pffifner-->Belives in a modern-day presidency, where much of the power from the modern presidency comes from the ability to interact with the people Framers-->Selective on who voted on the president Did not give the public much power
Nominating Convention
Political convention held every four years in the United States by most of the political parties who will be fielding nominees in the upcoming U.S. presidential election Purpose of convention select the party's nominee for President adopt a statement of party principles and goals known as the platform adopt the rules for the party's activities, including the presidential nominating process for the next election cycle.
Weakness of Parties
Political parties have unified groups of people and helped them seek and achieve common goals. They have a tradition of participation in a democratic government that is two centuries old. Political parties have not, however, stemmed from the decline in the number of people who vote. Many people view the primary elections as elimination contests that have little to do with political parties. TV ads and money from political action committees (PACs) seem to do more to persuade voters than the efforts of political parties. Political parties today better reflect American society than they did a generation ago. Men and women from all ethnic and religious groups and from all walks of life participate in party caucuses and conventions. The primary system, whatever its defects, offers far more choices to voters than did the old party machines. This openness shows that political parties have had the strength and flexibility to adapt to changing times.
Cyclical Approach Michael Nelson and Erwin Hargrove:
Presidency of Preparation, Presidency of Achievement, and Presidency of Consolidation.
Cyclical Approach Stephen Skowronek:
President is/is not affiliated with the dominant regime or governing coalition; The regime is resilient or vulnerable.
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Richard Neustadt's Presidential Power and Modern Presidents
Presidents must persuade/bargain, not command:The president's primary power is to persuade and bargain, not to command. When a president has to resort to commanding people, he is showing weakness. Commands only work in very special circumstances. "The essence of a President's persuasive task is to convince such men that what the White House wants of them is what they ought to do for their sake and on their authority" (30). Shared, not separated powers: The American system is one of shared, not separated, powers (see Madison 1787, #51). The president is only one of several masters of the bureaucracy, and even the White House staff have independent sources of power (34-6). People in all positions cannot do much without persuading others to help them, and this applies even to the president. However, more people need favors from the president than from any other person. This gives the president bargaining power.
Roles of the President Chief Legislator:
Presidents recommend ideas for legislation to congress Proposes legislation for a federal budget President influences legislation and a federal budget Sign or veto legislation Bully Pulpit: advocating the public about the agenda Gives the state of the union message to Congress each year
The Vice Presidency Power/Role
Presides over the senate and votes in case of a tie
The Vice Presidency How selected why
Prior to the 12th amendment is was the 2nd runner up (person who received the 2nd highest amount of votes) Elected together with the president by the electoral college after the 12th amendment
Succession to Presidency (25th Amendment)
Section 1: Presidential power can be transferred to the Vice President in the case of death or resignation Section 2: You can replace a VP because the former VP appoints someone
Annapolis Convention
Shays Rebellion caused the convention Farmers had no money to pay for these new taxes being implied Began a rebellion which led to the constitutional convention Madison, Monroe, Washington, John Adams were the main ones who called for the convention 1st attempt at a constitution Held to make a federal plan/stronger government Triggered the Constitutional Convention in Philadelphia bc only Virginia, New Jersey, and Delaware were the only ones who sent delegates
4 Things President do to a bill
Sign it Veto it Pocket veto Sits for 10 days unsigned congress and in session congress, bill becomes law
Role of 3rd Parties and Examples
Splinter parties Libertarian (Johnson in 2016), Green Party (Stein in 2016) etc... Develop policy ideas that major parties might adopt. Abolishment of Slavery in the 1860s by the Republican Party (which was a third party at the time of the election) It can impact election results at the margins. Yes, It can impact election results at the margins
9/11
Terrorist attacks on the World Trade Center and Pentagon; led to a focus on eliminating terrorism.
What happened in 1804?
The 12th amendment was ratified- electoral college- votes for who is chosen as president and vice president
King Caucus
The Congressional nominating caucus is the name for informal meetings in which delegates and super delegates meet up during the primaries and agree on whom to nominate for the Presidency and Vice Presidency from their political party.
Primary Elections and Caucuses. The Electoral College:
The Electoral College is a body of electors established by the United States Constitution, constituted every four years for the sole purpose of electing the president and vice president of the United States. Consists of 538 electors. A majority of 270 electoral votes is required to elect the President.
What is the role of the President with regards to the judiciary?
The President nominates federal judges, members of Supreme Court is subject to confirmation by the senate
What happened in 1824?
The United States Presidential Election of 1824 was the first of five times where the Electoral College and the House of Representative voted against the candidate that the people voted for; there were 4 candidates, but the candidates couldn't get an electoral majority, so it was thrown to the house of representatives. While Andrew Jackson was the candidate with the most popular votes, John Quincy Adams won the votes in the House and was elected President.
Electoral College Reform
The automatic plan The district plan The proportional plan The national bonus plan The direct popular election of the president plan
Diversity of Citizenship
The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.
Four reasons why the two major political parties tend to dominate the political process and the selection of the president:
The historical foundation of the system Political Socialization and Practical Considerations. The Winner Take All Electoral System. State and Federal Laws (and processes) favoring the two-party system.
What role do political parties play?
The parties determine how legislation is passed Example: Obama's term Obama was a democrat, but congress was mostly republican Did not allow for much legislation to be passed under his term (from 2011 until 2017)
How do the courts impact the President and the Executive Branch?
The president appoints judges to the court and those votes in their favor. Judges of differing ideologies vote against the president.
President's Sources of Power
The president's resources include the bargaining powers that come with the position, professional reputation, and public prestige. The president's professional reputation involves how others expect him to react. Isolated failures are not a problem, but if the failures form a pattern, this will weaken him. In addition to anticipating what the president wants, others also have to assess how hard he will try to get it. Tenacity is important. If a president cannot convince others that he will inevitably win, at least he needs to convince them that it will be costly to cross him. You can't punish everyone, but you need to selectively punish your enemies and reward your allies. Public prestige deals with the president's popular support outside Washington. (With reputation, people anticipate the reactions of the president; with prestige, they anticipate the reactions of the voters.) Most politicians and bureaucrats do not watch poll numbers directly; they watch Congress. Prestige conveys leeway because low prestige encourages resistance. The president must safeguard his power personally. No one else sees politics from the same vantage point, and so no one else can do this for him. Everyone else has the institutional pulls of their position tinting their judgment. "Yet nobody and nothing helps a President to see, save as he helps himself" (127).
How do Presidents impact the courts?
The presidents impact the courts by appointing justices that lean towards their ideology.
Unilateral Executive
The unitary executive theory is a theory of US constitutional law holding that the US president possesses the power to control the entire executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executivepower" of the United States in the President.
Models of the Bureaucracy: Weberian
Weber argued that the increasing complexity of life would simultaneously increase the demands of citizens for government services. Therefore, the ideal type of bureaucracy, the Weberian model, was one in which agencies are apolitical, hierarchically organized, and governed by formal procedures.
Dominant Political Culture
White, Anglo-Saxon, and Protestant was an ideal person who could hold Liberty, Equality, and Property John Locke first created "Life, Liberty, and Property" Thomas Jefferson created "Life Liberty and the Pursuit of Happiness" Changed Dominant Political Culture bc now you didn't need to own property
Primary Elections and Caucuses. How it works?
You add the Number of Representatives to the House of Representatives and the United States Senate. For example, California has 53 Representatives and two Senators. You add 53 and twp (53+2) = you get 55. SO California has 55 Electoral College votes
Primary Elections and Caucuses. The Electoral College:
You add the Number of Representatives to the House of Representatives and the United States Senate. For example, California has 53 Representatives and two Senators. You add 53 and twp (53+2) = you get 55. SO California has 55 Electoral College votes
Concerns over the how we elect the President: Faithless Electors
a faithless elector is a member of the United States Electoral College who does not vote for the presidential or vice-presidential candidate for whom they had pledged to vote
Independent Regulatory Agencies
a government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules.
Super delegates
a person who is chosen as a delegate to a political party's presidential nominating convention because of his or her status as a leader or official within the party and who is free to vote for any candidate regardless of the results of the popular vote in primary elections and caucuses preceding the convention. *among democrats, party leaders, count more than delegates*
Dealignment
a trend or process whereby a large portion of the electorate abandons its previous partisan (political party) affiliation, without developing a new one to replace it. It is contrasted with realignmen
independent agencies
agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments
Roles of the President Chief Diplomat:
grant recognition to countries Responsible for foreign policy can enter into treaties but require ⅔ vote of the senate must approve treaty in order to be effective
Roles of the President Commander in Chief:
head of the nations armed forces, ex: army, navy, air force, coast guard, and militia when called into the actual service of the US Congress enacted war powers act: notify congress within 48hrs if you put troops in harm's way. Congress has 68 hrs to determine if troops are put at risk.
Bureaucracy Cabinet
is composed of the most senior appointed officers of the executive branch of the federal government of the United States, who are generally the heads of the federal executive departments.
Frontloading
moving up primaries in the nomination process to have more of an impact earlier on.
Tipping
point state is the closest state that gives the winning candidate 270 or more electoral votes, thereby securing their victory in the Electoral College, when all states are arranged in order of their vote margin.
standing to sue
refers to a legal principle where a party is entitled to have a court decide his/her merits of the case. Under this doctrine, a party is entitled to obtain judicial resolution.
Executive Bureaucracy
set of complex hierarchical departments, agencies, commissions and their staffs that exist to help the president carry out his duties and to enforce the laws.
Executive Power
the power to execute, enforce, and administer law
Election of President and Presidency:
wanted President with more executive power to establish leadership -created electoral college- black men=⅗ of a white man
The Plans and Compromises The Great Compromise/Connecticut Compromise of 1787
was an agreement that large and small states reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. It retained the bicameral legislature as proposed by Roger Sherman, along with proportional representation of the states in the lower house, but required the upper house to be weighted equally among the states. Each state would have two representatives in the upper house. The Great Compromise was an agreement made between large states and small states regarding how much power states would have under the United States Constitution. The Great Compromise helped determine how each of the US states was to be represented in the Congress