American Executive Exam II
Describe Theodore Roosevelt and the rhetorical presidency.
Theodore Roosevelt picked up where Jackson left off, a tribute to the people. He also believed he was uniquely positioned to translate the national mandate into public policy. He can also more readily communicate with the national audience due to the emergence of mass based newspapers and magazines.
How did Theodore Roosevelt intervene in the coal strike?
Theodore Roosevelt summoned both sides to the White House and, after threats of seizure and use of troops, reached a compromise of a 10% pay increase and a nine-hour day for workers.
What was the Square Deal?
Theodore Roosevelt's domestic program, formed upon three basic ideas: conservation of natural resources, control of corporations, and consumer protection. Among its accomplishments, this program helped the middle class by attacking powerful trusts and monopolies. Roosevelt also created a new Department of Commerce and Labor, and managed to quell a number of labor strikes.
What was the Bricker Amendment?
Proposal that international agreements negotiated by the executive branch would become law if and only if they were approved by Congress and didn't conflict with state laws. It was an isolationist measure and didn't pass.
Richard Nixon and Vietnam
"Peace and honor," to bring American troops home without losing South Vietnam to the communists. His National Security advisor Henry Kissinger did not want the U.S. to lose respect whenever pulling out of Vietnam. Nixon believed in a time of war the president may assume extraordinary powers.
Bush I and Foreign Affairs
"Triumph in foreign affairs, failure in domestic policy." Bush was the most widely traveled vice president in history. He had served as the American ambassador to the United Nations, the emissary to China, and the director of the Central Intelligence Agency. As president, he touched base with fellow presidents and prime ministers by phone. He inherited 2 problems in Latin America from Reagan administration. 1) he worked out an agreement with Democratic congressional leaders on Nicaragua. 2) overthrew the Panama anti-American dictator Noriega by the Panama invasion. Bush I also oversaw the collapse of the Soviet Union, ending the Cold War. He hoped to foster free trade and peaceful relations among all nations. Iraq - Iraq's leader Suddam Hussein invaded and occupied Kuwait. He rallied a multilateral coalition to finance Operation Desert Shield campaign to implement diplomatic, economic, and military pressure on Iraq. After the deadline for Iraq passed to leave Kuwait, Operation Desert Storm was implemented to drive Iraq from Kuwait. This included a air campaign to cripple Iraq's military and communication infrastructure along with a ground invasion that forced Iraqi forces out of Kuwait.
Discretionary authority
The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.
What were anti-trust laws?
1) Designed to preserve small businesses and an economy characterized by many sellers competing with one another 2) Prevent economic and political power concentration 3) Preserve local control of business and prevent labor dislocation 4) Promote maximization of consumer welfare (goods provided at lowest possible prices)
John Kennedy and the "Personal Presidency"
1960s- This is the first election with televised debates between candidates, first presidential debates ever. Presidential candidates become more intimate to voters due to the direct relationship with voters with TV. People who now work in candidate centered campaigns work right into the executive office of the president as white house staff. Before you would look to a political party to staff key positions in the white house. Now you have loyalists to candidates!
What was the Marshall Plan?
A U.S. plan, initiated by the Secretary of State George Marshall to aid in the economic recovery of Europe after World War II by offering certain European countries substantial funds. It offered all European nations, including the Soviet Union, generous funding to rebuild their economies as long as the money was spent on goods made in the United States. The plan appealed to many U.S. leaders. Those who supported it hoped to promote democracy in Europe and oppose the spread of communism, thus reinforcing the Truman Doctrine and the policy of containment. They also wanted to open markets for American goods and further boost the economy of the United States.
Johnson and Civil Rights
A bipartisan coalition (moderate republicans and progressive democrats) passed the Civil Rights Act of 1964. They had to overcome a filibuster from Strong Thurman and other conservative republicans in the Senate. Johnson appealed to the majority in order to get the Act to pass. The Voting Rights act of 1965 was also passed implementing the 15th amendment. You cannot deny people the right to vote, giving Congress the power to enforce the 15th amendment. This is a very effective piece of legislation and increased black voter turnout in the deep South. With this we begin to see realignment - the white south is republican and conservative, and democrats in the south become a coalition of blacks and progressive whites.
What is Mccarthyism?
A campaign against alleged communists in the US government and other institutions carried out under Senator Joseph McCarthy
What was the Tonkin Gulf Resolution?
A joint resolution of the U.S. Congress in direct response to a minor naval engagement known as the Gulf of Tonkin Incident. It is of historical significance because it gave U.S. President Lyndon B. Johnson authorization (a blank check to carry out the Vietnam war), without a formal declaration of war by Congress, for the use of military force in Southeast Asia.
Korematsu v. United States (1944)
After the attack on Pearl Harbor during World War II, Fred Korematsu and many other Japanese Americans were relocated (by Presidential order) to detention camps in inland states. Korematsu claimed that the order discriminated against him on the basis of his race and thereby violated his Fifth Amendment right to due process of law. On appeal, the U.S. Supreme Court upheld the order excluding 120,000 Japanese Americans from the West Coast. The majority that the government could take precautions to prevent espionage and sabotage during wartime.
Clinton and "Triangulation"
Clinton attempted to convert his message of "opportunity, responsibility, and community" into a action. His campaign manager, Dick Morris, persuaded him that he needed to put himself in the political center but to also find new issues that would allow Clinton to rise above the conventional left-right political spectrum and offer a new "third way". This created a new political triangle with a baseline that would be ended by liberal democrats and conservative republicans. Clinton would hover above the line at a point between them. This led to a renewed commitment to the middle class and its concerns.
Immigration and Naturalization Service v. Chadha (1983)
Also known as the "legislative veto case." Congress had created policies that gave the executive branch wide discretion on how to implement the policies. In order to prevent the federal agencies or President from exercising the discretion in a way Congress would not like though, they had included a provision that enabled Congress to pass judgement on what the executive chose to do with the policy. This provision was known as the "legislative veto." Congress could overturn an executive regulation or action within a prescribed length of time (90 days). The president also had no power to overturn a legislative veto. The Chada decision, turned out to be largely irrelevant, congressional oversight was worked into the passage of many laws to com after the legislative veto was declared unconstitutional.
What was the Fair Deal?
An economic extension of the New Deal proposed by Harry Truman that called for higher minimum wage, housing and Full Employment Act of 1946 (sets the goal of full employment, macroeconomic policies). It led only to the Housing Act of 1949 and the Social Security Act of 1950 due to opposition in congress. Was summarized as equalitarian extensions of the New Deal. The fair deal did not go anywhere though because the Democrats lose in the 1946 midterm. Truman is trying to push this with the Northern liberals, but it does not happen.
Executive Office of the President
Executive branch expands significantly.
Johnson and Vietnam
Bi-partisan foreign policy consensus previously, now it is a unanimous consensus. The vietnam foreign policy perspective calls into question if we should get involved in situations like this? The U.S. is not the world's policeman. The 1968 Tet Offensive calls for Congress to re-assert itself by passing things such as the War Powers Resolution (is a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress.)
Eisenhower and Civil Rights
Brown v. Board of Education decision in 1954 (decision written by Eisenhower appointee).9-0 overturns racial segregation in public schools, basis of equal protection clause in 14th amendment. Eisenhower is lukewarm about pushing too hard for de-segregation to take place though.
War on Terrorism and the Presidency
Bush created the new White House Office of Homeland Security and imposed tighter restriction on airport security, and embraced deficit spending to help the economy and fight the war in Afghanistan. Bush's response to the attacks was a departure/continuation of the progressive internationalist tradition. The U.S would set its own course on the international level while also protecting American lives/property's etc. . While other presidents looked to international allies and diplomacy before making any moves, Bush didn't wait for any allied powers before invading Afghanistan in October of 2001.
What did Civil Service Reform do?
Civil service reform created a system of hiring and promotion based on the merit and not political ties. The Pendleton Act of 1883 was the federal legislation that created a system in which federal employees were chosen based upon competitive exams, and it created the Civil Service Commission.
What was the conservative coalition?
Included republicans and primarily Southern democrats. The conservative coalition sided on a number of issues in opposition to Progressive democratic presidents.
Truman and the Korean War
Conflict in the peninsula during 1950. There is an internal war in Korea going on long before this. Truman wants to limit war to the Korean Peninsula, and did not want to draw China into the war along with avoiding drawing attention of the USSR. Truman does commit troops to the Peninsula without a formal declaration of war, Congress has not declared war since WWII. McArthur successfully repels north Korean invasion, causing them to retreat north of the 28th parallel. Truman then gets greedy and orders McArthur to cross the 38th parallel north. The U.S. was not concerned about only containing communism, but also wanted to roll it back. McArthur now gets greedy and says we can use a limited nuclear war against China and we could liberate China if we get them involved. Truman fires MacArthur demonstrating the precedent of Washington, civil control of the military. Korean war continues until early part of Eisenhower administration with a stalemate at the 38th parallel.
What happened in the 1964 election?
Convinced of the detrimental societal effects of poverty, Johnson declared an unconditional "war on poverty" and empowered the new Office of Economic Opportunity to set up a variety of programs to provide assistance to the poor in America. In 1964, Johnson and his "Great Society" program soundly defeated the hawkish Republican Barry Goldwater. The Democrats also achieved huge gains in Congress, breaking the conservative stranglehold.
Calvin Coolidge and the development of White House communications
Coolidge used radio to communicate with large audiences
What was Keynesian Economic Theory?
Developed between WWI and WWII. Truman is challenging the economic policy assumptions. The conventional assumption: Gov't couldn't do anything about the economy, it will snap back on its own. He is advocating for a macroeconomic policy. A recessionary environment is the result of insufficient demand. He is saying that gov't can stimulate the demand by cutting taxes, increasing spending, running a deficit. By the time you get to the 1940s this becomes a paradigm. 1940's full employment act pushes for macro-economics.
What was containment policy?
Doctrine of Containment takes place until the collapse of the Soviet Union. Containment guides republican and democratic presidents. This policy was a median between the two parties. It was setting up alliances such as NATO and direct use of American combat.
Eisenhower and the New Deal
Eisenhower was not pushing for equalitarian extensions, but not pushing for repudiating the New deal. He was holding the line on the New Deal. The Interstate Highway system, he saw this in military terms. He wanted to replicate the infrastructure in Germany, in the Cold War he believes we my need to move troops quickly from one part of the country to the other. Framing it as a national security issue is how it was passed.
Dwight Eisenhower and the "hidden hand" Presidency
Eisenhower's presidency is seen as the hidden hand presidency. He worked behind the scenes, not trying to use bully pulpit to shape public/Congress opinion. He tries to work behind the scenes in order to undermine McCarthy, he does not reject the modern presidency tho.
FDR's showdown with the judiciary
FDR wanted Congress to expand the size of the Supreme Court beyond 9 justices. This was well within Congress power, but they decided that this was just a power grab... This goes against the separation of powers system. Even some democrats opposed FDR on this.
What was the New Deal?
FDR's plan of relief, recovery, and reform. It provided programs to combat economic depression, enacted a number of social insurance measures, and used government spending to stimulate the economy; increased power of the state and the state's intervention in U.S. social and economic life.
What was the Little Rock crisis?
Governor Faubus sent the Arkansas National Guard to prevent nine Black students from entering Little Rock Central High School. Eisenhower sent in U.S. paratroopers to ensure the students could attend class after attempting to negotiate with the governor. Eisenhower has to act in order to emphasize federal supremacy and obeying the order of the court.
What were the Harding Administration Scandals?
Harding embraced the spoils system resulting in less than favorable people being put into positions of power. It is said that his administration has the worst corruption of any administration since the advent of civil service reform. Charles Forbes (director of veterans bureau) In March of 1923 it was found that he was selling the government's medical supply from the medical supply base to private contractors at highly discounted rates. He was also found to be making undercover deals for hospital building contracts and site selections. He resigned and not long after his top legal advisor committed suicide. Teapot Dome Scandal Albert Fall was the prime instigator in the plan that would defraud the government. Fall wanted to stop the Navy from being able to take petroleum rich lands from private development. This practise allowed for reliable supply of oil in future naval emergencies. Fall managed to convince the Navy secretary to give management powers of the petroleum reserves over to the Interior Department. Fall was than able to implement a new program that allowed the reserves to be leased to certain oil companies, who favored Fall with personal loans and gifts. Fall was figured out after his greed got the best of him and it was found that he had entered into a corrupt bargain with Edward Doheny and Harry Sinclair. He granted them access to valuable petroleum reserves and they gave him some money. A criminal prosecution special committee found Fall and Sinclair guilty but Doheny was acquitted.
Reassertion of congressional authority in the Harding Administration `
Harding won on a campaign of back to normalcy. He was more likely to defer to Congress on legislative matters, less likely to be an interventionist in Foreign policy.
Reagan as a Party Leader
His republican reconstructed party was associated with less political patronage and more with issues, ideology, and sophisticated fundraising techniques. The republicans became a solid political party. The president worked hard to strengthen the organizational and popular base. The relationship between the modern presidents and the modern parties became mutually beneficial. Republican support solidified Reagan's personal popularity and laid the political foundation for his programs in Congress. The president in return strengthened the party's fundraising efforts and encouraged voters to extend their loyalty to the party. This created a renewed and strengthened tie between the president and the party system once again.
25th amendment
If the president dies, resigns, or is impeached, the VP will become president. If the VP office is vacant, the president will nominate a VP, who will take office after a majority vote in House and Senate. If the president is disabled, the VP will serve for him/her. Procedure for disqualifying or re-qualifying president established.
What happened in the election of 1912?
In this election, the Democrats nominated Woodrow Wilson, giving him a strong progressive platform called the "New Freedom" program. The Republicans were split between Taft and Roosevelt Bull Moose Party with its "New Nationalism" program. By the division of the Republican Party, a Democratic victory was ensured. Woodrow Wilson won. The Republicans were thrust into a minority status in Congress for the next six years.
What happened in the 1948 election?
In this election, the Republicans renominated New York governor Thomas E. Dewey. The Democrats nominated Truman for another term because Eisenhower refused to run. The Southern Democrats refused to support him because he was in favor of civil rights for blacks, so they nominated Governor J. Strom Thurmond from South Carolina, on a States Rights' party ticket. Former Vice President Henry A. Wallace ran as nominee of the new Progressive party. Wallace assailed dollar imperialism and seemed to be pro-Soviet. Because the Democrats were split between three candidates, Dewey seemed sure to win. However, Truman won and the Democrats regained control of Congress. Truman won because of support from farmers, workers, and blacks and because Dewey came across as being arrogant and evasive.
What happened in the election of 1932?
It was a historic battle between those who believed that the federal government could not and should not try to fix people's problems and those who felt that large scale problems (ie. Depression) required the government's help. FDR won by a huge margin in part from the huge support from urban workers, coal miners, and immigrants of Catholic and Jewish descent.
Kennedy and the Bay of Pigs
Kennedy saw Cuba as being an outpost on the Cold War frontier. Kennedy approves a CIA backed plan to overthrow Fidel Castro with Cuban exiles. It is a complete disaster and many were killed. Many thought that Kennedy was too young and inexperienced to be prepared for something like this.
FDR at the 1945 Yalta Conference
Meeting between the Big Three allies: FDR, Churchill, and Stalin in February of 1945. Discussion of how the post war world will be drawn up. Britain is a declining world power and it is primarily the U.S. and Soviet Union (becoming bipolar). Negotiations occurred about what would become of the UN, sticking point was the Security Council. FDR creates an illusion he was in good health, but his health was declining and he was in a wheelchair after having polio. At this point it is obvious the Nazi regime will fall, but the Soviets have troops in Eastern Europe. This could have been avoided had FDR been in great health some believed.
What was the Antiquities Act?
Passed in 1906 in response to the looting of many Native American artifacts. Gives the president the authority to unilaterally create national monuments/ They are federally owned already. Gives the national monument protections. It is still used on the books to this day.
United States vs Nixon (1974)
Nixon had claimed "executive privilege" which is a claim that the president's confidential discussions and papers are exempt from other branches of gov't when investigating the watergate scandal. This court case held that the Court rejected Nixon's claims to the absolute executive privilege. You cannot use executive privilege in order to cover up a criminal trail.
Nixon and the Administrative Presidency
Nixon's administrative presidency was created by his inability to persuade Congress to enact his domestic policy of "New Federalism." He was going to achieve his objectives though administrative action. He believed that, "operations is policy." He began to expand and reorganize the EOP. He doubled his staff, and with size came power. With all of his loyalists as his staff, he was able to formulate and carry out policy. He also expanded the Bureau of the Budget to strengthen his influence in domestic affairs.
What was New Federalism?
Nixon's domestic policy initiative "The New Federalism." Nixon sought to aggressively expand the power of the presidency. He used his presidential power as a lever for broadly conservative domestic policy. He wanted to sort out the responsibilities of governance so that national problems would be handled by the national government, and the problems more amenable to decentralized solutions would be handled by state and local authorities! Ex: welfare needed a national standard while job training could be done locally. Civil rights program that created affirmative action as a national policy (the practice of granting preferences in employment, contracting, and education on the basis of race or gender
What were the Republican divisions on domestic policy during the Progressive Era?
On the major issues of the day—tariff reform, business regulation, conservation, party reform, and the trusts—significant cleavages existed inside the GOP. Conservatives emerged at the end of the nineteenth century to block the advance of populism within the party and maintain Republicans links to the business community. A decade later, progressives surfaced to demand new economic regulation and social welfare policies. These divisions came to a head in the election of 1912, pitting conservatives against progressives. The Progressive movement began with a domestic agenda. Progressives were interested in establishing a more transparent and accountable government which would work to improve U.S. society. These reformers favored such policies as civil service reform, food safety laws, and increased political rights for women and U.S. workers. In the 1890s, the Progressive movement also began to question the power of large businesses and monopolies after a series of journalistic exposes that revealed questionable business practices. In foreign policy, the Progressive movement also split over the ratification of the Treaty of Versailles. Progressive U.S. Senator William Borah led the campaign against ratification, and he would increasingly become the champion of the isolationist movement until his death in 1940. Other Progressives viewed the treaty more favorably.
2000 Election
Only the fourth presidential election where the winning candidate had fewer popular votes than his competitor.
Eisenhower and the Cold War
Possible Pre-Detente or lessening of tensions between US and Soviet Union. Krushev was more willing to negotiate arms control treaties for example 1960 - near the end of Eisenhower administration.. About to have a Summit with Krushev, potential for détente (eve of summit, Eisenhower wanted to know what Krushev had in terms of nuclear weapons, ordered one more U2 spy plane to take a look, and the spy plane was shot down) Eisenhower tries to say it was a weather plane, but eventually they had to admit what it was. This ended the potential for détente!!!! Soviet Union does not trust Krushev anymore. Eisenhower also saw Vietnam as an outpost for the Cold War frontier. His policy would be supporting action which will prevent either side from getting the upper hand. He sends military advisors to vietnam but that is it. Eisenhower also did little to stop or support the pro U.S. gov't in Cuba from being overthrown by the Castro Regime. This laxness allowed the USSR to plant missiles in Cuba
Truman and Civil Rights
Post WWII, Jim Crow laws denied basic civil rights. African Americans who served in WWI/II come back to the denial of civil rights. African Americans would migrate north and leave sharecropping in order to find work. This migration shapes the political north. FDR did not touch base on this he held the party through economics. The democratic party now has major divisions on racial issues in the 1940s. The south was still predominantly democratic, but the African Americans who could vote in the south were Lincoln republicans still. Northern progressives were pushing Truman to support legislation promoting greater equality including anti-lynching laws, non-discriminatory policies in federal hiring, civil rights commission at federal level, executive order to desegregate the military. FDR had not wanted to break up the democratic coalition by addressing civil rights. Truman during the cold war is presenting the US as a beacon of democracy and thinks we should be an example for the world, BUT we have domestic problems. This pushes Truman to push for civil rights legislation. The democratic party adopts a pro civil rights platform at the democratic convention. This now causes upheaval in the democratic party due to the North and South sharing different views on civil rights (alienates the democratic party in the south).
Lyndon Johnson as Chief Legislator
President Johnson passed a large volume of legislation in office as the Chief Legislator. Many didn't know if this was because he was talented or the result of Kennedy's assassination. He was really bad on TV, but the master of the inside game. He was really good and negotiating and compromising. The "Johnson Treatment," included backing members of Congress into a corner and towering over them and convincing them to vote a particular way.
What was the Truman Doctrine?
President Truman's policy of providing economic and military aid to any country threatened by communism or totalitarian ideology (Greece and Turkey). Eventually this becomes a much broader policy for the "Doctrine of Containment."
Impact of the Cold War on the Presidency
President became the permanent crisis manager. Omnipresent crisis during the Cold War, "We have to react quickly." It can't be debated for a long period of time on Congress because it takes away from a quick response. This also goes back to the threat of nuclear weapons.
Reagan Revolution
Reagan had a vision of an enduring conservative Republican majority. He was very outspoken about his conservatism for many years which is why his landslide victory in the 1980 election was called the "Reagan Revolution." He swept 40 states with 489 electoral votes. The republicans also won majority in the Senate for the first time since 1952. The House of Reps also gained 38 Republican seats. He gave "The Speech," outlining that centrally administered government weakens a free people. He believed a strong national state had infringed on the concept of liberty and natural inalienable rights. People had been stripped of self-reliance and capacity for self-rule.
Ronald Reagan and the Administrative Presidency
Reagan's administration hit the ground running. He concentrated on 2 themes that included; 1) shrinking the welfare state and 2) expanding the military. He planned to do this through three bold proposals that included; 1) a large income tax cut, 2) significant reduction in domestic spending, and 3) an enormous increase in spending on national defense. This would limit the democratic Congress' ability to enact new spending programs! His Executive Office of the Presidency (EOP) and the OFfice of Management and Budget included both loyalists and skilled veterans from other Republican administrations. The president's popular appeal, his willingness to lobby Congress for his programs, and the political skill of his staff allowed his administration to create a legislative campaign that rivaled with the earlier breakthroughs of Wilson's New Freedom, FDR's New Deal, and LBJ's Great Society. He restored the executives presence as Chief Legislator
What happened in the 1968 election?
Realigning election, the era of the new deal and the cold war consensus are all collapsing. There is a new racial divide and social and cultural issues dominating politics. The presidency is affected by all of this.
World War II and the FDR Presidency
Reflected in Congress to remain neutral and to stay away from Europe because of Mussolini in Italy, Spanish civil war with Franco, and Hitler in Germany. Our vital interests were not at stake. FDR recognizes the threat Hitler was, but lacked support to join the war and intervene. Lend-Lease: FDR says "we will lend Britain military material and once they put out the fire they will give it back to us." Congress passes this legislation. It's an interventionist argument to be able to join WWII. Lend-lease will later apply to China and Soviet Union.
What happened in the 1938 midterm elections?
Republicans gained seats in the House of representatives and Senate. You begin to see the formation of the conservative coalition.
What was the president's statutory authority?
Roosevelt pushed for extending power of the Interstate Commerce Commission. He also enhanced the regulatory powers of the ICC to regulate in the public's interest. Roosevelt also headed the Midnight Forest Initiative. He took this legislation and ran with it. Congress got upset and reversed the legislation, but before this took effect Roosevelt set aside millions of acres in opposition to the new law.
Theodore Roosevelt's intervention in Panama and Russo-Japanese War
Roosevelt was trying to negotiate with the Colombian gov't to build this canal. He helps promote a secessionist movement in Panama by providing military support for the secessionist movement in Panama (provides naval support).
20th Amendment
Section 1 of the amendment closes the gap of having two presidents from four months to only two. Section 3 says if the president-elect were to die before inauguration the vice-president elect will be inaugurated. Section 3 also deals with if neither candidate has received a majority of electoral votes or the support of a majority vote in the senate. The vice-president elect, who would be chosen by a simple majority vote in the senate, would act as the president until a president were chosen. ( this would also apply if the president were found to be unqualified) The meet time for the newly elected congress was also shortened. January was chosen for the new start date and the large lame duck session was closed down to only two months.
Youngstown Sheet and Tube v. Sawyer (1952)
Steelworkers threatening a strike (say they are attempting to control costs because trying to fight war in Korea, a strike in the steel industry is going to cause problems for defense contracting, says he will go in and use military to take over steel mills!!!!) Roosevelt right before WWII threatened to take over some defense industries Truman says he has the authority to intervene its an emergency war power Supreme Court rules in this case that Truman is acting improperly and exceeding presidential powers 2 of 6 justices in majority say that the president cannot ever do this. He doesn't have the authority. The other 4 in the majority who write concurring opinions say there are instances where the president has that authority, but this is NOT one of them. This is a unique case where Congress statutorily gave the president the authority to deal with this situation. Taft Hartley Act: instructed president how to act in a situation like this President orders cooling off period to resolve the strike Major loss for President Truman - a limited ruling saying instances occur where President has extraordinary power, this just is not one of the cases!
The Great Depression
Stock market crashed in October in 1929, which was less than seven months after Herbert Hoover took office. Hoover believed it to be unconstitutional for the federal government to give direct federal assistance in instances like the great drought in 1930/31. He did call on other organizations like the Red Cross to feed the people. Hoover refused to became the legislative leader that would have created a body of work that would authorize the executive departments and agencies to assume more responsibility for economic coordination and social services. In fact Hoover basically refused to interfere with congress or what was happening economically. He felt that it would undermine the legislative branch for him to do anything. Hoover eventually did call for programs to be created like the Reconstruction Finance Corporation (RFC), which would give loan to banks, railroad companies, and agriculture organizations. And he called for various sectors of the economy to pursue more rational business practices. But he did little to support the things he supported. Hoover argued that "rugged individualism" needed to be preserved and the federal budget needed to be thought about when the thought of unemployment relief was brought up. He continually encouraged private and local groups to provide the needy with relief from the depression but he continued to refuse direct aid. FINALLY he signed the Relief and Reconstruction Act on July 21, 1932. It authorized the RFC to finance $1.5 billion in "self-liquidating" public works and to loan $300 million to the state for relief. It was too little too late.
Hamdan v. Rumsfeld (2006)
Strongly limited the president's power to create military tribunals for and employ aggressive interrogation techniques against suspected terrorists at Guantanamo Bay. The Supreme Court said that the tribunals were not justified by military necessity and that they violated the Geneva Conventions and the congressionally enacted Uniform Code of Military Justice. The court also argued that no military tribunal can be held for anyone else unless the president operate the tribunals in accordance with the UCMJ or ask congress specific permission to proceed differently. Bush went on to compromise and created the Military Commissions Act which authorized the use of military tribunals and eliminated habeas corpus jurisdiction for any " enemy combatant" held in American Custody.
Cold War Consensus
The "Cold War consensus," which was composed of three fundamental components: Presidential dominance over Congress A vast expansion of the executive-branch foreign and defense policy bureaucracy A fervent anticommunism pervading public opinion Such consensus resulted in poor policy planning during the Bay of Pigs invasion and the persecution of American citizens. These events demonstrate how too much of a consensus can have negative consequences.
What was the Brownlow Committee and what did it do?
The Brownlow Committee was a way to make recommendations about reorganizing the Executive Branch. During Roosevelt's second term, he had a lot more political and statutory responsibilities and policy formulation through the Chief legislature was overwhelming. 3 scholars made up the committee because "THE PRESIDENT NEEDS HELP."
Roosevelt Corollary to the Monroe Doctrine
The Corollary asserts that the U.S. may intervene in the affairs of an American republic threatened with seizure or intervention by a European Country. The President has broad authority in foreign policy, he is reclaiming the Monroe Doctrine, BUT saying they are prepared to intervene in Latin America to protect the U.S. interests (basically a new twist to Monroe Doctrine).
What was the Cuban Missile Crisis?
The Cuban Missile Crisis took place in the Fall of 1962 and is considered the height of the cold war. The USSR is installing intermediate range missiles on Cuba capable of reaching parts of the US and other parts of the Americas. They did not want to risk a nuclear holocaust by invading Cuba. They decide on a policy of Quarantine of Cuba. This prevents any Soviet ships from reinforcing their forces in Cuba. There is a show down between Kennedy and Krushev. The great fear was there would be a mistake amongst some individual military actor. The longer the stand off goes, someone may panic out there. If one wrong response occurs in the wrong way it could lead to a nuclear war. The bargain was that the U.S. would not attack Cuba if the Soviets removed missiles, and Kennedy would also remove missiles from Turkey.
United States v. Curtiss-Wright Export Corp (1936)
The Curtiss-Wright Export Corporation was charged with illegally selling arms of war to Bolivia in violation of a presidential trade embargo (ban). It defended itself on the grounds that the embargo was void because Congress had improperly given law making power to the President by allowing him to make the embargo. The courts ruled that president FDR had plenary (full) powers to conduct foreign affairs that was not dependent upon Congress.
Bush v. Gore (2000)
The Supreme Court found that the counting process ordered by the Florida Supreme Court , which required a manual count of every "under-vote", was unconstitutional. By failing to establish a uniform standard across the state, the Florida court had violated the fourteenth amendment's requirements that states safeguard the right of individuals to the "equal protection of the laws." In their 2nd decision the court found that the Florida court had also violated the Constitution by overruling the state legislature.
Clinton v. City of New York (1998)
The Supreme Court ruled the Line Item Veto Act unconstitutional, thus making all vetoes made by Clinton under the act questionable. Two separate groups formed the plaintiff and the case was expedited to the supreme court. They were ruled unconstitutional, violating presentment clause.
What was the War Powers Resolution?
The War Powers resolution was enacted over Nixon's veto in 1973. It was intended to prevent another Vietnam or any prolonged period of presidential war without the formal authorization of Congress. The president now has to consult with Congress "in every possible instance" before committing troops to combat and to submit a report to the legislature within 48 hours of doing so. After 60 days, the troops have to be removed unless Congress votes to declare war or authorize their continued deployment!
What was the Budget and Accounting Act of 1921?
The budget act required the president to compile an annual, comprehensive executive budget based on estimates of both the government's financial needs and it's revenues for the coming fiscal year. It also established the Bureau of the Budget to help the president exercise the new budget authority. General Accounting Office was created as an auditing arm of Congress.With the passage of this act the president finally had the legal authority to oversee the allocation of expenditures in the executive branch. Before each individual department had sent its annual budget request straight to the congress. It was called the greatest landmark of our administrative history except for the constitution itself. The president still has to contend with the fiscal committees in congress like the House Ways and Means Committee, Senate Finance Committee and the Appropriations Committees of both chambers.
Collapse of Cold War consensus
The collapse of Yugoslavia gave the Cold War consensus a shot in the arm, as NATO rushed to the rescue of the Serbian Muslims. George Bush browbeat the alliance in helping with the War on Terror, as the Cold War consensus stretched beyond its natural life. This is a sea-change. Since Ronald Reagan, Republican orthodoxy had held that we would spend a lot more than necessary on our defense establishment to intimidate our enemies into peace. And George Bush the II made the global war on terror a truly global fight. This consensus is now ending. Republicans are returning to their more isolationist roots, just as our European partners refuse to pay for their own defense.
Reagan and Judicial Appointments
The court had teamed up with the liberal members of Congress and interest groups in order to broaden the legal rules and procedures to serve the interests of AFrican Americans, feminists, environmentalists, and other Democratic constituencies. The Reagan administration worked hard in order to break up this alliance. By the end of his second term, he appointed enough conservative judges to move the federal courts to the right! Many of the appointees to the bench sought to define an activist conservative judicial position on economic and social issues. Rehnquist was promoted to Chief Justice when Justice Burger retired. Justice scalia and Justice O'Connor (first woman justice ever) all supported the administration's legal agenda. His nominee of Bork was denied by the Senate. He strengthened the president's control over judicial selection by requiring prospective nominees to demonstrate their conservative credentials. He wanted to ensure more conservative rulings than the past.
1994 Midterm Elections
The failure of the proposed health care reform and the passage of the 1993 budget deficit reduction plan led to the republican's gaining 52 seats in the House and 8 seats in the Senate. It was the first time that Republicans took control of Congress in 42 years. The election at the time was unusually partisan and ideological. Republicans greatest gains came from the South because of their disenchantment with Clinton. Before Clinton the southern democrats were able to insulate themselves from the national party politics that the whites found unappealing. During his first two years of Clinton's presidency this insulation tactic was destroyed by his policies concerning ending discrimination against homosexuals in the military and a big government health care system.
Truman and the post World War II world
The issues that were discussed in Yalta are front and center. However, there are two new great powers: U.S and the U.S.S.R. a bipolar world. These two allies in WWII quickly become adversaries in the Cold War late 1945-91. (Its peak in the 60's). There is decolonization occurring in this period however it was happening prior to WWII. Brits, Spanish, French, Portuguese are losing their colonial power. These nation states are struggling which later leads the US to intervene in Indo-China. Nuclear weapons become far more devastating.
What was the "Imperial Presidency"?
The modern presidency was never truly "imperial." The power of the presidency depended on agreement by Congress, the bureaucracy, and the courts that responsibilities should be delegated to the executive. The environment just grew to be less supportive of granting strong presidential leadership!
Institutionalization of the Modern Presidency
The size of the executive branch significantly expands and the President is seen as permanent crisis manager in foreign policy.
What was the Great Society?
The volume of legislation was off the charts. There was a legislative agenda out there and the Northern democratic progressives were pushing legislation through. This as the high water mark of the new deal. Federal aid to education, Consumer protection laws, environmental protection laws, wilderness Act, Congress funding aid to states to upgrade sewage treatment plan facilities, create national endowment of Arts and Humanities, federal aid to TV and radio
What was the Watergate Scandal?
The watergate scandal was a break-in at the Democratic National Committee. It was carried out by five members of a secret White House investigating unit known as the "plumbers." They were originally formed to plug the leaks to reporters that had compromised the Nixon administration's policy in vietnam. The group's activities were extended to gather campaign intelligence relating to Nixon's bid for reelection. On June 17, the plumbers were attempting to bug the Democrats telephones and were caught and arrested in the party's national headquarters at the Watergate Hotel in Washington!
What was Wilson's role in World War I?
There was pressure to intervene on the behalfs of French and British due to trading relationships. Wilson refuses to commit troops to WWI though due to not having direct interests at stake. Wilson also recognized the U.S. was becoming more ethnically diverse and the concern of how taking a side within the war would affect domestic politics loomed. American shipping interests were beginning to be threatened. With the sinking of the Lusitania and the intercepted Zimmerman telegram we get involved.
22nd Amendment
This limits the President to two terms. This is specifically written to apply to future presidents, not to current president. Truman could have ran for another term if he really wanted to. If the VP serves for more than ½ of a term, then he can only run for one more term as well. This went into effect after the 1946 midterm.
Where did "bully pulpit" come from?
This term was coined by President Theodore Roosevelt, who referred to the White House as a "bully pulpit", by which he meant a terrific platform from which to advocate an agenda. Roosevelt used the word bully as an adjective meaning "superb" or "wonderful", a more common usage in his time than it is today.
What was the development of chief legislator role?
This was a role that was informally associated with the President, not within the Constitution.
What impact did television have on the presidency?
Tv led to candidate centered campaigns. Candidates can now run independent from a political party. Kennedy hired his own campaign consultants for media, speeches, research, etc.
What was Myers v. United States?
Whether or not a president can fire an executive office official with congressional approval? The Court ruled that a president can fire executive branch employees without congressional approval. 1867 Tenure of Office Act was declared unconstitutional by the court. The court further found that removal power is inherently executive and that the president must be able to have control over all executive officeholders, not just those located at the top.
What were Wilson's attempts to shape the post-World War I world?
Wilson believed this was the "war to end all wars." Wilson advocated for 14 points to reshape post-war world. Wilson however was not in a position to deliver on his 14 points due to the French and British still being the most powerful in post-war negotiations. These leaders were not prepared to follow Wilson's vision. Instead, the French and British really stick it to the Germans creating the environment that the Nazi party bloomed out of. The Atlantic Charter emerged (based on Wilson's 14 points). The League of Nations treaty also failed when attempting to get it through the Senate.
The crisis of presidential disability in the Wilson presidency
Wilson had a long term cardiovascular issue and was placed under tremendous stress. He had a very serious stroke during a campaigning tour. His second wife controlled access to Wilson due to not being able to carry out a full schedule. There was no current mechanism in the Constitution to deal with Presidential Disability. (We later see the 25th amendment which deals with Presidential Disability passed in 1967).
What effects did World War I have on the domestic front?
Wilson used draconian methods for dealing with domestic affairs. He used his emergency powers in order to pass the espionage act making it a crime to criticize the U.S. war effort. He also had a crackdown on Immigrant Press. Shink v. US is a case where the court talks about clear and present danger test. If a speech presents clear and present danger then it is not supported by the first amendment. This is a key precedent of using emergency powers within WWI that originated with President Lincoln.
Woodrow Wilson and the concept of responsible party government
Wilson was a political scientist, as a professor he was an advocate for a responsible party model. This is a system of government which is populous driven and parliamentary (British Model of party politics). There are strong nationalist parties. The U.S. typically had a decentralized party system and Wilson was committed to being a party leader.
What was "New Freedom"?
Wilson's political slogan in the presidential campaign of 1912; Wilson wanted to improve the banking system, lower tariffs (taxes), and, by breaking up monopolies, give small businesses freedom to compete.
