U.S. Presidents

Amendment 14

Equal protection of all citizens under the law. End 3/5 compromise - Representatives will be distributed among the states according to respective whole numbers. No person who rebelled against the US can take any office unless Congress pardons them by 2/3 vote

Miranda v Arizona (1966)

Established Miranda rights, SCOTUS ruled that information provided by a person is only admissible in court if that person has been told of their rights (5 A protects informing upon yourself)

Amendment 12

Established because of Jefferson elections of 1796 and 1800. The Electors shall vote by ballot for President and Vice-President. The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, the House of Representatives shall choose POTUS immediately, by ballot from the top 3. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed. If no person wins a majority, the Senate shall choose the Vice-President from the top 2. No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Generational problems/challenges

the subject of legitimate government action, these challenges exhibit greater resilience than most problems. they require the mobilization of numerous competing, and often conflicting, constituencies, domestically and internationally. They require solutions that are neither obvious nor free, and they worsen over time if left unadressed

Article I, Section 9

writ of habeas corpus, no ex post facto laws allowed, no money drawn from treasury except by law

Election of 1824

First presidential election in which the candidate who received the most electoral votes (Andrew Jackson) did not become President. John Quincy Adams was elected President after The election was decided by the House of Representatives under the provisions of the Twelfth Amendment after no candidate secured a majority of the electoral vote. Jackson and his supporters were bitter, claimed the election of Adams was a corrupt bargain.

Primaries

First primaries were in 1912 (Wilson), but primaries did not determine a nomination until after the process was reformed in 1968 (Johnson chose not to run again). 1972 was the first time a nominee was selected through primaries, and Carter won presidency after winning due to primaries in 1976. 2008 Election between Obama and Clinton showed that super-delegates didn't matter either after they proved that all they would do is agree with the primary and caucus voters

Essay Topic: In some respects it seems clear that changes over time in Presidential behavior have substantially been shaped by norms and expectations about "appropriate" Presidential behavior. Give examples of areas in which that seems to be true and when not, and identify critical periods of change.

Presidential behavior follows norms about "appropriate" behavior: 1. campaigning. campaigning has followed presidential/societal norms. the norm has changed substantially over time, but presidential behavior is not likely to stray from the norm, it is likely to develop with the norm 2. impeachment of Bill Clinton 3. potential election of Donald Drumpf, Bernie Sanders highlight important ways we view presidential norms and how badly it seems that America wants to break those norms 4. Lincoln chose his "Team of Rivals", something that the rest of the presidents totally dont do. Presidential behavior does not follow norms about "appropriate behavior": 1. I don't have any good examples for this. Maybe I can make a case for Lincoln or FDR about their actions that did not follow norms, but the case could be made that they were both in unprecedented circumstances

Alexander Hamilton

Not a president First US Secretary of Treasury Active on the floor, part of congress, initiated a lot of executive involvement Congress required Hamilton to submit reports to Congress in writing in an attempt to avoid his involvement Created a model for his position that was not often repeated Led the Federalist party, largely opposed by democratic-republican party (Jefferson and Madison)

Amendment 22

Term Limits: No one can be elected to the office more than twice, and no one who has held the office for more than two years can be elected more than once. Required 3/4 vote

Amendment 12

POTUS and VP must run and be selected together. 1804, result of elections in 1796 and 1800 (Adams and Jefferson were from different parties, were the two highest voted candidates). No person ineligible for POTUS will be eligible for VP

Veto

POTUS can veto bills coming from congress. If Congress wants to override a veto to turn a bill into a law, they need a 2/3 majority in BOTH houses. This is a huge bargaining chip for POTUS

Article II, Section 3

POTUS shall from time to time give to the Congress Information of the State of the Union. He may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, may adjourn them to such Time as he shall think proper. He shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Stumping

Part of the public presidency. Standard speech used by someone running for office. Where presidents give speeches "from the stump" to the public.

Article I, Section 7

Passage of Bills and Laws Every bill must be presented to the president to be signed into law or vetoed. Every order, resolution, or vote involving both houses must also be approved by the president. If president does not return it in 10 days, it becomes law. If 2/3 majority in senate and house approve a law, resolution, etc., they can override the veto

Median Member of Congress

Person who ideologically splits congress. 50% is left of this person, 50% is right. The median voter isn't really a player, but all voting model's usually are based on a median voter (Downs)

Whig

Political Party formed in opposition to the policies of Andrew Jackson and his Democratic Party. Whigs supported supremacy of Congress over the Presidency, favored modernization, banking, and economic protectionism to stimulate manufacturing. It appealed to entrepreneurs and planters, but had little appeal to farmers or unskilled workers. It included many active Protestants, and voiced a moralistic opposition to the Jacksonian Indian removal policies. Democrats stood for the 'sovereignty of the people' as expressed in popular demonstrations, constitutional conventions, and majority rule as a general principle of governing, whereas Whigs advocated the rule of law, written and unchanging constitutions, and protections for minority interests against majority tyranny.

Second Constitutional Presidency

President as "leader/interpreter". Direct Popular Links Emphasized Esp: Popular speech; "series of arguments" and "list of points" more common.

The Legislative Presidency

President's role in the legislative process. According to Article II, Section 3 POTUS can recommend issues to be addressed, laws that should be made, etc. But he doesn't actually play a role in the legislative process. The legislative presidency then is how he actually functions in the legislative process when he doesn't actually have legislative power. 1. Unidimensional Spatial Model. President has the power to veto legislation. Stops legislation from happening, keeps the status quo. POTUS can also use the line-item veto, which doesnt stop him from passing legislation but allows him to change it and effects its implementation 2. POTUS, as the executive authority, decides how to implement laws or IF he even wants to implement them. So if he vetoes a law and Congress passes it with a 2/3 vote anyway, president can still choose not to implement the law or implement it in ways that the Congress did not intend. Ex: George Bush, torture during Iraq War 3. Executive Orders. The President can give direct orders to any parts of the executive branch as he sees fit, so long as there is basis in the Constitution. Also, any command or request given by the president has the strength of an executive order even if it is not formally given as an executive order. For example, if the President asks the Secretary of State a personal favor to take a certain action, that "personal favor" still has the force of an executive order and must be followed.

Constitution Article II

Presidential Powers

Article II, Section 1

The executive Power shall be vested in a President during the Term of four Years, and the Vice-President chosen for the same Term. Each State shall appoint a Number of Electors equal to the Number of Senators and Representatives the state has in Congress. In Case of the Removal, Death, Resignation, or Inability to discharge the Powers and Duties of the Presidency, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

Article III, Section 1

The judicial Power of the United States, shall be vested in one supreme Court. Inferior Courts may be established if Congress wants to

Article III, Section 2

The judicial Power shall extend to all Cases arising under this Constitution, the Laws of the United States, and Treaties made, under their Authority. It also extends to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. The Trial of all Crimes shall be by Jury and such Trial shall be held in the State where the Crimes were committed

The Cabinet (Organizing the Presidency)

The most senior appointed officers of the federal government, generally the heads of federal executive departments Subject to approval by the Senate Not in the constitution Includes: Secretary of State, Treasury, Defense, Attorney General

Veto Pivot

The person who is the 2/3 vote necessary to get the veto override. 1/3 to left, 2/3 to right (assuming left POTUS). Person you need to persuade to make sure a veto doesn't happen (i.e. override it)

According to Neustadt, what is the power of the president?

The power to persuade. This is the same as the power to bargain. Its not authoritative, where the president gives orders; POTUS instead is able to persuade other people to agree with them. They have huge advantages as POTUS that allow them to bargain and engage with others, persuading them to agree. "I have incentives for you that lead you to think my course of action is the best for you". Neustadt's rule: if someone ever says just shut up and do what I tell you to do, then you have failed. Your job is to convince them that THEY want to do what you want them to do

Amendment 24

The right of citizens to vote in elections regarding the POTUS+VP shall not be denied by the US or any state for failure to pay a poll tax or other tax

Amendment 26

The right to vote shall not be denied or abridged to any citizens 18+ on account of age

Amendment 17

The senate will be composed of 2 reps from each state, and each senator's term is limited to 6 years

Amendment 20

The terms of POTUS and VP shall end January 20th and the terms of Congress shall end on January 3rd. Congress shall assemble once a year on January 3rd. If the POTUS dies before he can take office, the VP becomes president. (Still has not said if VP becomes POTUS is POTUS dies during office)

538

Total amount of electoral votes. 535 - Congress - 100 in Senate - 435 in House 3 - D.C.

Popular Vote

Total votes that are not part of the electoral college

Presidential Tour

Tours are a form of going public. Tulis: History of Presidential Tours Ellis Tours: Washington, Jackson, Van Buren, Taylor, Johnson, Grant, Hayes, Harrison, McKinley, TRoosevelt, Wilson Pluta: This list^ plus Monroe, Tyler, Polk, Fillmore, Pierce, Arthur, Cleveland, Taft Pluta argues that these presidents were, in fact, talking politics, but we don't recognize any of these issues as controversial today, so we don't really talk about the tours

"Whistle-Stop Tour"

Train stop. Woodrow Wilson was pitching the idea of the League of Nations. Wilson ended world war one with treaty of Versailles, started LofN, but congress didn't ratify either of these things, so he had to go around convincing them

Article III, Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies

If an answer on the test is not enumerated/is vague in the constitution, is it likely to be true or false?

True. Ex: Constitution does not address whether or not the POTUS can give extra SOTU speeches, therefore he can if he so chooses

3

minimum number of votes a state can have. Wyoming, North Dakota, Idaho, Montana are the only states with 3 votes (the entire state is one congressional district). Also the number of votes held by Washington D.C. Fun fact: people living in D.C. don't get to vote for anything except the presidential election. Other than that, they have no representation.

Institutions

"Complex organizations that have acquired value and stability" - Ragsdale and Theis Ex: the "institutionalized presidency" - the growth of a bureaucracy exclusively serving the president - really begins in the 1920's. Large and complicated, attached directly to the president. Manages schedule, bounce from events, go to meetings, be organized, etc. all in very complicated ways

Amicus Curae

"Friend of the Court" - the court is allowed to send things to friends of the court to ask for advice. People can engage in a form of lobbying because if they are amicus curiae, they can write to the court and give their opinions

Congressional Nominating Caucus

"King Caucus" = nickname for congressional nominating caucus that enabled a relatively small group of national politicians to handpick the presidential candidate The 1824 Election: The System Fails Again King Caucus had been dethroned only to have elite rule resurrected in the form of a corrupt bargain in the House of Representatives Informal meetings in which congressmen would agree on who to nominate for the presidency and vice presidency from their political party Ultimately gave way to the caucus and primary system that involves the people today Not in constitution but has become a norm

Stare Decisis

"Stand by Things Decided" - Precedent

Writ of Certiorari

"To be fully Informed" - An order to lower court to deliver the records for review by higher court. The order that a court orders when it accepts a review.

Stare Decisis

"To stand by things stated/decided". Basically Precedent

Writ of Mandamus

"We Command" - Order to Perform Administrative Duties

Habeas Corpus

"You have the Body" - Challenge to the legality of detention. A person cannot be held against their will without reasonable evidence. How long can you detain someone without going to a court and presenting evidence to a judge? Different legal systems allow for different lengths of time

Woodrow Wilson

1913-1921 Democratic - Initiated the "whistle-stop tour" First media president - telegraph. campaign for reelection far more active than any other incumbent. First time primary elections played a real role in selection of president Re-introduced the spoken SOTU Progressive

Warren G. Harding

1921-1923 Republican - Died in office One of the most popular presidents in history, name tarnished after people realized how many scandals took place under him. One of the worse POTUSes

Calvin Coolidge

1923-1929 Republican - Accidental President Served after death of predecessor

Who are the presidents to lose their re-election bids? (Hint: how many are there?)

7 - Cleveland Harrison Taft Hoover Ford Carter Bush Sr.

How does the electoral college work? What are the primaries?

the electoral college is made up of the same number as representatives in Congress, with the addition of 3 electorates to represent DC, making a total of 538 electoral votes. the electorates are supposed to vote for who the people of the different electoral districts vote for. The primary votes determine the nomination for the party. One the nomination has been decided, the general election can occur

Wholesale Politics

the politics of the tarmac, in which the candidates are flown from airport to airport delivering set speeches while the bulk of the campaign switches to televised advertising

Role of Congress in AFP

Congress has responsibilities: declare war, fund the government, pass laws and treaties. But this role isn't clear for them. Its clear that the president has duties, and is in charge of conducting day to day foreign policy, but congress' role unclear

Marbury v Madison

Created Judicial Review, established Courts ability to rule actions as un-constitutional

Federalist Party

Created by Alexander Hamilton

Article II of the Constitution

Deals with the powers of the President/Presidency/Executive Branch

Gridlock Interval

Distance between the veto pivot and filibuster pivot. Represents the ideological space of the status quo, where the players do not want to change their positions. This represents the zone where legislation does NOT get passed. The smaller the gridlock interval, the more that gets done

Dred Scott v Sandford (1857)

Dred Scott sued for freedom, but it was determined slaves were property that had to be returned to their owners. Slavery protected by constitution

Amendment 5

Due process of law: Right to trial by jury, protection against bearing witness against yourself, protection against seizure of private property without compensation

What president is known for the "First International Good Will Tour"?

Eisenhower initiated this tour - it was the first time that a president ever traveled to another country just to foster good will with the leaders of that country. (interesting because Eisenhower probably didn't even want to do this)

1st International Good Will Tour

Eisenhower. First time a US president went overseas just to foster goodwill with another country. Eisenhower's background as a general makes this interesting because he probably didn't even want to do this

Changes in Nomination Process

Electoral college institutions stable since 1804 (12th am). Electors have been selected by popular vote by 1832 (Jackson). Rise of mass parties and national nominating conventions (1832) State-level processes: caucuses, conventions, primaries o Caucuses and primaries are very different o Caucuses are like conventions o Primaries are just elections Structured just by competition of candidates. Many times, the best prediction of the vote is the partisan-ship of the vote. If someone is republican, they generally vote republican, etc. You can usually predict peoples votes. But the primary process is a place where the voters don't have the party view (because they're not actually in Congress) so it's a little different

First Constitutional Presidency

Encourage Deliberation. Congress specializes in deliberation, therefore President is meant to provide energy and steady administration of the law. Discourage Demagoguery - 19th Century. - Norms against "popular speech" ("Popular Speech") has little policy content - Communications more directed to Congress with Emphasis on developed arguments

Amendment 9

Enumerated rights shall not deny the rights retained by the people

Benjamin Harrison

1889-1893 Republican - Defeated for Reelection Grandson of William Henry Harrison Between Cleveland's terms Economic legislation

Amendment 27

No law, changing compensation for Congressmen shall take effect until an election of Representatives has occurred

Grover Cleveland (2nd Term)

1893-1897 Democratic Only president to serve non-consecutive terms Won popular vote 3 times Icon for American conservatives, fought patronage

William McKinley

1897-1901 Assassinated - Republican Won Spanish-American War Last president to serve in Civil War

Amendment 3

No quartering of soldiers

Theodore "Teddy" Roosevelt

1901-1909 Republican - Accidental President Became president after assassination "Bully Pulpit" "Carry a big stick" Youngest president in history (42)

William Howard Taft

1909-1913 Republican - defeated for reelection Served as Chief Justice post-presidency

Retail Politics

Nominating stage Candidates meet voters face to face in their localities

James A. Garfield

1881-1881 Republican Assassinated because a guy named Guiteau wanted a specific ambassador job and Garfield decided not to give it to him. Was a huge deal because America realized that not having any sort of selection process for federal jobs could lead to more issues like this. This led to the Pendleton Act, which stated that federal employees needed to be appointed on merit, not cronyism, and created the US civic service commission (which later became the OPM), the first federal agency for regulating federal jobs. The Pendleton Act was signed by Garfield's VP Arthur

Chester A. Arthur

1881-1885 Republican - Accidental President Became president after assassination Signed the Pendleton Act after the death of his predecessor Known for civil service reform

Grover Cleveland (1st Term)

1885-1889 Democratic - defeated for reelection Only president to serve non-consecutive terms Won popular vote 3 times Icon for American conservatives, fought patronage

Citizens United v Federal Elections Commission (2010)

1 A protects rights of campaign spending. No limit to the amount of money that corporations can pour into political campaigns

Legislative Presidency

1. Changes in relations with Legislature: What is specified in the constitution? What changes does Ellis discuss? 2. Main issues in legislative presidency: Change over time in presidential legislative activity; Variation in the strength and cohesion of president's partisan coalition; Degree of separation between parties in congress 3. Kinds of legislative authority: Prior to congressional activity: agenda setting; During congressional action but prior to final vote: lobbying, policy stances (SAP)

4 problems with primaries

1. Faithless Electors (those who are chosen to support one candidates but instead vote for another) 2. Undemocratic nature of the House contingency election 3. Allocation of electors based on states (which violates one person, one vote) 4. Possibility that electoral college winner might divert from the popular vote winner

Amendment 25

1. If POTUS dies, the VP becomes the POTUS 2. If there is a vacancy for VP, POTUS nominates a VP (must be confirmed by Congress) 3. When President tells Pres. of Senate and Speaker of House he is unable to discharge his powers, his powers are discharged to the VP as Acting POTUS

What are 4 common problems associated with going public?

1. Makes bargaining difficult/goes against bargaining 2. Fails to extend benefits of compliance 3. Entails public posturing - makes compromise more difficult 4. Undermines legitimacy of other politicians/political efforts

What factors consistently suggest a "mandate" for reconstructive/regime-changing presidents?

1. Popular vote margin 2. Electoral college margin. This is the seat Margin in House and Senate. This is a big factor, but this is NOT true for Reagan, so not necessarily a reliable guide for when presidents are influential presidents. But popular vote margin is (I think)

Essay Topic: Despite the common claim that the power of the presidency has increased substantially, it is reasonably clear that President Obama is frustrated by his inability to get things done. What institutional facts account for his difficulties? Are Obama's circumstances more challenging than those of other recent presidents? Can we say whether he has been more or less "lawless" than other presidents.

1. President's can't pass legislation. President's still struggle to get things done when they have to struggle with the partisan politics of Congress. 2. When they make executive orders, there are still ways for Congress and the Supreme Court to check those orders. 3. President Obama's presidency specifically has been more challenging than other presidents' because of the complete divide in congress. As Professor Woolley showed us in class, Congress has become more and more divided so that they amount of overlapping values between Republicans and Democrats has shrunk dramatically. During Ronald' Reagan's era, President Reagan was a successful negotiator and made things happen in Congress because there was such a wide overlap between the two parties. But I can't even imagine President Obama trying to call members of the Republican party personally to try to convince them of his platform the way Reagan did because the disparity between Democrats and Republicans has gotten so bad.

Famous proclamations, executive order, or unilateral actions

1793 Washington - Neutrality proclamation 1803 Jefferson- Louisiana purchase 1863 Lincoln - Emancipation Proclamation 1894 Cleveland - Pullman Strike 1942 FDR - Japanese Internment Camps 1948 Truman - Desegregation of Military 1965 LBJ - Affirmative action for government 1971 Nixon - OMB (Office of Management and Budget) Quality of Life Regulatory Review 1981 Reagan - Regulatory Impact Analysis

What year was the election that led to the 12th amendment? What does the amendment say? What year was the amendment ratified?

1800 POTUS and VP must run together to prevent situation that occurred between Jefferson and Burr in the 1800 election Ratified in 1804 prior to 1804 election

Thomas Jefferson

1801-1809 Elections of 1800 and 1804 and how they changed Presidential Elections (Con. Am.) "Hidden Hand" approach to legislative management Opposed to an executive-led government Didn't want to encourage royalist manifestations in the US. Refrained from doing things that might reinforce explicit power in a way that would be useful for future presidents.

SCOTUS Legitimization of Executive Orders

1804: Little v Barreme: No question president has power to issue orders. Cannot issue order contrary to congressional act. Cannot violate constitution. The Orono 1812 EO have force of law. Armstrong v US 1871; Jenkins v Collard 1892 EO do not have to be published to be valid. Lapeyre v US 1873 Proclamations and EO legally equivalent. Wolsey v Chapman 1880. A proclamation is an order, does not depend on title, only depends on source of authority in making it. Presidents issue thousands of proclamations, and like 98% of them are simple announcements with no meaning

James Monroe

1817-1825 Couldn't dominate his own cabinet as POTUS. This raised a lot of issues over who cabinet is and degree of autonomy they have over POTUS. Problem continues today: How strong should bureaucracy be? What guarantees strength of president? What are the norms for how the POTUS and other branches should run/deal with the bureaucracy? Monroe Doctrine FP

Andrew Jackson

1829-1837 Democratic Regime-changing president Vetoed the Second National Bank to protect common citizens from big banks. Firm believer in decentralization Debate: how should president be involved in economics? This fight creates new party: Whigs. Whigs are organized around 1 principle: Congress runs government. President only implements laws, doesn't make or decide laws. Tea Party is still feeling this today.

John Tyler

1841-1845 Whig/Independent First accidental president. Succeeded William Henry Harrison (natural death) - "Tippecanoe and Tyler too". Does the successor to a death in office become the president, or just assume presidential responsibilities?

Abraham Lincoln

1861-1865 Republican - Assassinated One of the Regime-changing presidents End of Civil War 13th Amendment

Andrew Johnson

1865-1869 Democratic - Accidental President Became President after assassination First President to be Impeached - Acquitted by the Senate

Ulysses S. Grant

1869-1877 Republican Civil War Commanding General

Rutherford B. Hayes

1877-1881 Republican Lost the popular vote, Won the electoral college "Compromise of 1877"

Herbert Hoover

1929-1933 Republican Campaigning norm: first time incumbent campaigned as hard as a challenger - lost reelection anyway Brownlow, Cleveland, Hoover: all people who worked on presidential staffs to free the president from mundane tasks, provide advice, monitor the rest of government, insulate the president from bad shit Hoover commission: Officially named the Commission on Organization of the Executive Branch of the Government, it was a body appointed by President Harry S. Truman in 1947 to recommend administrative changes in the Federal Government of the United States. It took its nickname from former President Herbert Hoover, who was appointed by Truman to chair it.

Franklin Delano Roosevelt (FDR)

1933-1945 Democrat - Died in office Regime-changing president Won 4 presidential elections, led the US during WWII, economic depression, New Deal Also known for: fireside chats (type of going public), Court-packing, 22nd Amendment (term limits), establishment of the Executive Office of the President (Committee of Administrative Management, headed by Louis Brownlow) (moved OMB into EOP) (Three Primary tasks of White House Office: Coordinate and supervise people advising president, Policy formulation and deliberation, Outreach to external groups), 1942 Japanese Internment (good example of controversial executive war powers), "shadow of FDR", FTC v Humphrey

Harry S. Truman

1945-1953 Democrat - Succeeded death in office Decided to drop the Atomic bombs Selected Hoover to oversee his Executive Office, established the Hoover Commission to make the EOP more efficient. Truman Doctrine FP

Dwight D. Eisenhower (Ike)

1953-1961 Republican 5 star general in WWII Supreme Commander of Allied Forces in WWII Eisenhower Doctrine FP

John F. Kennedy (JFK)

1961-1963 Democrat - Assassinated Cuban Missile Crisis, Bay of Pigs: examples of problems of EOP rest of executive branch. Almost every failure of presidential leadership has been a struggle with bureaucracy. Staff is meant to free the president from mundane tasks to focus on larger issues, provide advice and monitor the rest of government, magnifying presidential influence, and insulate the president from information and events. However, this can often be a bad thing. Staff Control Paradox: The president's desire for better control and monitoring requires a bureaucracy. That bureaucracy requires control and monitoring. How do you build a WH capable of governing effectively that is not capable of behaving dangerously or illegally? Responsiveness v competence.

Lyndon B. Johnson (LBJ)

1963-1969 Democrat - Succeeded assassination Was a close friend to Abe Fortas, who advised him on tons of stuff, which was very controversial due to the lack of separation between executive and judicial branches, and became even more controversial when Johnson tried to have him appointed to Chief Justice in the absence of Earl Warren. Can be seen as 1. Cronyism and 2. Court-Packing. Also, LBJ is relevant to the 22nd Amendment because he COULD have been the first president to serve the full 10 year max after its creation. But he didn't run in 1969. "War on Poverty" "Great Society", upheld civil rights, Medicare, Medicaid

Richard Nixon

1969-1974 Republican - resigned - Only POTUS to resign from office - served as VP to Eisenhower "I am not a crook": Nixon truly believed that in the Oath of Office and Take Care clauses of the Constitution, and viewed it as his duty to protect the Union. In a way, he very much saw himself as a Lincoln figure, and believed the POTUS should do whatever was necessary by whatever means necessary, even if it meant breaking the law, to better the US. This is a really controversial view that most would disagree with, but it really explains his actions in office. Watergate: important because this was one of the major scandals created by issues in the WH Office and EOP. Staff is meant to free the president from mundane tasks to focus on larger issues, provide advice, monitor the rest of government, magnify presidential influence, and insulate the president from information and events. However, this is often a bad thing. Creates Staff Control Paradox: The president's desire for better control and monitoring requires a bureaucracy. That bureaucracy requires control and monitoring. How do you build a WH capable of governing effectively that is not capable of behaving dangerously or illegally? Responsiveness v competence. Almost every failure of presidential leadership has been a struggle with bureaucracy. Ended War in Vietnam and the military draft

Gerald Ford

1974-1977 Republican - First POTUS to assume office as VP via resignation of predecessor (25A) First to serve as VP and POTUS without being elected to either office (VP and POTUS both resigned) Signed Helsinki Accords

Jimmy Carter

1977-1981 Pardoned evaders of the Vietnam War drafts Created Departments of Energy and Education Democratic

Who are the presidents to be elected without winning the popular vote?

4 times (John Quincy Adams, Rutherford B. Hayes, Benjamin Harrison, George W. Bush)

Ronald Reagan

1981-1989 Republican - Regime-changing president Changed presidential norms, had a very Donald Drumpf way of talking about things that Articulated a set of views of government and policy that continue to shape our view of politics today. Focused on his economic program: "Trickle-down" Supply-side economic policies: get government off the back, cut taxes, reduce taxes, simplify taxes, make America strong . "The Great Communicator" FP, known for calling politicians, getting together, negotiating, and getting things done in Congress (greater overlap between R&D was helpful). Sets an example as an exception to a lot of partisan rules for POTUS but confirms the Unidimensional Spatial Model because he was able to successfully negotiate based on ideology, not partisanship. Classic example of POTUS going public: gave eloquent speeches, asked citizens to call their members of Congress to support his bill, 1981 Regulatory Impact Analysis, Regulatory State, OIRA Chief of Staff: Don Regan resigned because he couldn't handle the drama surrounding the Iran Contra Scandal. Iran Contra Scandal Marks another Staff Control Paradox: How do you build a WH capable of governing effectively that is not capable of behaving dangerously or illegally? Responsiveness v competence, Risks and Dangers: Almost every failure of presidential leadership has been a struggle with bureaucracy. Tower Commission IMPORTANT CONSEQUENCE: Reagan didn't suffer very many political consequences AT ALL!!!!! And he totally should have Oliver North: Military hawk, trying to end spread of communism, it was His idea to send the money to Nicaragua Reagan also Survived assassination (made him even more popular), Escalated the War on Drugs, served as Former Governor of California

George H.W. Bush

1989-1993 Republican - lost reelection bid Served as VP to Reagan Previous Congressman, ambassador, Director of CIA Foreign policy boss

Bill Clinton

1993-2001 Democrat Impeached, but acquitted by the Senate Worked on welfare reform and other social programs 1996 Line Item Veto Act: President recommends cuts. Congress must pass resolution of disapproval subject to presidential veto 1998 Clinton v City of NY: statute-based line item veto unconstitutional Robert Reich, Chief of staff, another case of issues with EOP. Reich apparently had kids (college students I think) telling him what to do, giving the POTUS advice

George W. Bush

2001-2009 Republican - Elected president without the popular vote. Controversy over rigged election in Florida. Controversy with Senator Reid Preventing Bush recess appointments from Thanksgiving until the end of his presidency Controversy over Signing Statements: used them to assert that Congress was infringing on his Constitutional authority and he was going to ignore them. He issued a signing statement about torture: Congress passed a bill saying Torture was not okay, but Bush included a signing statement on this bill saying that he thinks the language about torture is inconsistent with his authority as Commander in Chief, and that his duty as Commander in Chief is to win, and that's what he's going to do. People went crazy because he used signing statements to assert dominance over legislation Controversy with Salim Ahmed Hamdan, Osama bin Laden's driver, who was caught in Afghanistan after 9/11 and sent to Guantanamo bay (first prisoner to have his case heard in a special tribunal set up by Bush admin.). Bush organized military tribunals which were basically run under the jurisdiction of the president with no input from congress. Hamdan challenged the tribunals as unconstitutional because they were set up just to try enemy combatants. Hamdan v Rumsfeld said that the tribunals were unconstitutional, and SCOTUS gave Bush the option to try these people in civilian tribunals or something else. CLASSIC CASE OF POTUS WAR POWER and the Most recent example of presidential power being challenged during war time. SCOTUS and congress often challenge POTUS during war time, especially when they do something shady Launched "War on Terror" Prohibited same-sex marriage

Barack Obama

2009-Present Democrat - controversy for executive power and legitimacy Obama's 1st Inaugural address: Oath of office, Article II section 2. Chief Justice Roberts messed up, Obama had to correct him when he was reading it. Led to People (birthers) who claimed Obama shouldn't be president because he wasn't born here (lie) arguing that he ALSO messed up the Oath of Office (also dumb). Used Lincoln's Team of Rivals strategy to create his cabinet. Chief of Staff Rham Emanuel: went on to work in Chicago after leaving BO admin (cronyism?). Controversial for taking executive action to restrict access to guns. However, the attack that Obama is doing something unconstitutional is NOT TRUE. The 2nd AM. Doesn't give rights to individuals, and is very vague, and can easily be limited in the same manner as freedom of speech. The mantra that president Obama is a dictator who is aggressive and tries to do whatever he wants is one of the most powerful mobilizers for republicans Obama (Executive) Action on Pay Equity: Lily Ledbetter Act. Meant to deal with pay disparity between men and women in the US. Represents injustice AND a part of democratic program is to urge women to support democratic candidates because democrats embrace women's issues while republicans don't Controversy over presidential and non-presidential behavior: Attacked by Cruz over Obama care, But one of Cruz's major points is a supreme court case in which Obama isn't even mentioned! Someone lower on the branch takes part of the case. This is clearly opportunistic attack because Obama is not to blame for this at all. Obama, going public on "Two Ferns": great example of Obama's informal attitude to the presidency, big deal in establishing the types of norms people expect from POTUS

Amendments to the Constitution - How many are there?

27

Caucus

A gathering of party supporters in a preset location (school gym, office, hotel). Everyone gathers into a corner based on who they support. If a candidate doesn't meet a minimum threshold, their supporters must go to one of the other larger groups, where each group tries to convince them to join. People can switch sides based on persuasion by other sides. Voting is done paper ballots usually.

Flesch Score

A measure of readability of language, calculated by MS Word. Function of sentence and word length: 206.835 - (1.015 x ASL) - (84.6 x WL) Bigger numbers indicate greater readability and simplicity

Executive Office of the President

A subset of the Executive Branch (everything that is not Congress or SCOTUS), the EOP is a set of staff agencies that serve presidents, many of them somewhat ongoing and permanent (like the OMB, which oversees executive money)

Which of the following is not mentioned in the Constitution? A. political parties B. cabinet C. the government

A. Political Parties

Private Secretary

AKA Secretary to the President AKA Personal Secretary Former 19th and early 20th century White House position that Carried out all the tasks now spread throughout the modern White House Office. The Secretary would act as a buffer between the President and the public, keeping the President's schedules and appointments, managing his correspondence, managing the staff, communicating to the press as well as being a close aide and advisor to the President in a manner that often required great skill and discretion. In terms of rank it is a precursor to the modern White House Chief of Staff.

Who were the Presidents who have been assassinated?

Abraham Lincoln James A. Garfield William McKinley John F. Kennedy (JFK)

Blue Slip

As a courtesy, certain senators are allowed to give their opinions on a supreme court nominee specifically because they are from the same state as that nominee.

Unitary Executive Thesis

Advanced by conservative scholars about power of president: Says that the constitution intends to vest executive power SOLELY and EXCLUSIVELY in the president. Anything that belongs on the executive side is the president's alone, and congress should not meddle. BUT the same goes for congress, and the president shouldn't meddle there. Presidents have independent authority and responsibility to interpret the constitution. Just like SCOTUS they can decide what they think is right. Presidents predictably act consistently to defend and expand their power in matters involving executive authority. Presidents are always motivated to be aggressive and assert they are the only authority in the executive branch and that branch is all inclusive

Constitution Article VI

All Debts entered into, before this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. This Constitution shall be the supreme Law of the Land; the Judges in every State shall be bound thereby (any Thing in the Constitution or Laws of any State to the Contrary notwithstanding). The Senators and Representatives shall be bound by Oath or Affirmation, to support this Constitution. No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Neustadt's Key Ideas

All Modern Presidents work in similar institutional settings (separated institutions sharing powers). - Differences in performance between presidents are due to different leadership choices given existing constraints. - Presidential "power" is about persuasion, not "logic"("Presidential power is the power to persuade") - Persuasion means successfully bargaining and negotiating using all the resources you have ("The power to persuade is the power to bargain"). - Bring people to want to do what you want them to do—seeing it is their idea not coerced. Building a reputation for skillful use of power. • Neustadt's rule: if someone ever says just shut up and do what I tell you to do, then you have failed. Your job is to convince them that THEY want to do what you want them to do

Article I, Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Amendment 10

All powers not enumerated in the constitution shall be given to the states or the people

What are "letters of marque and reprisal"?

Allows the Government to issue a license to a person (privateer) to go attack or capture vessels (originally). Gives an individual or group permission to cross an international border and to exact revenge on a nation. 2001: Congressman Ron Paul wanted to invoke this measure as a way of dealing with the terrorist attacks. Considered these attacks "air piracy". Basically wanted hit-men to go after al-Qaeda, in the name of the U.S., instead of putting boots on the grounds. (Hint: Never really got off the ground).

Signing Statements

Also known as the "line-item-veto". When presidents sign a bill into law, they include signing statements to say what they do or don't agree with in the law. (I think) They may also include their motivations in implementing the law

Raymond Moley

American political economist. Initially a leading supporter of the New Deal, he went on to become its bitter opponent before the end of the Great Depression. Wrote the majority of Roosevelt's first inaugural address, claimed to have coined the term "New Deal" Became increasingly critical of FDR policies, eventually becoming a conservative Republican. As a writer from 1937 to 1968 he became one of the best known critics of the New Deal and liberalism in general. Moley's After Seven Years (New York: 1939) was one of the first in-depth attacks on the New Deal, and remains one of the most powerful.

270

Amount of electoral votes needed to win the presidency (538/2 = 269. +1 for majority = 270)

Faithless Elector

An elector who doesn't represent the will of their people - doesn't vote for who constituents voted for.

Election 2000

Bush won without winning the popular vote. He won the electoral college only. Very controversial.

Veto

Article 1, Section 7 Before it can become a law, Every Bill passed in Congress shall be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it with his Objections to Congress to reconsider it. If after such Reconsideration two thirds of Congress agree to pass the Bill, it shall become a Law. Line Item Veto Aka partial veto- a special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill Made briefly legal by the 1966 Line Item Veto act with the intention of preventing pork-barrel additions to resolutions Defeated in 1998 by Clinton v. City of NY which ruled it unconstitutional for the president to tamper with bills before signing them into law

What is important to the POTUS in Article I of the Constitution?

Article I, Section 2: When vacancies happen in Congress, POTUS shall issue Writs of Election to fill such Vacancies. The House of Representatives shall have the sole Power of Impeachment. Section 3: The Senate shall have the sole Power to try all Impeachments. When POTUS is tried, the Chief Justice shall preside. Two Thirds Consent required for conviction. Section 7: Every Bill passed by shall be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it. If after Reconsideration two thirds of Congress agrees to pass the Bill, it shall become a Law. If any Bill is not returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, it will become a law (unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law). Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives is necessary (except on a question of Adjournment) shall be presented to the President of the United States and must be approved by POTUS. If not, it must be repassed by two thirds of the Congress, according to the Rules and Limitations prescribed in the Case of a Bill.

Which passages in the constitution address presidential elections?

Article II Section 1 Amendment 12 (1804) - result of Jefferson and 1796 and 1800 elections. POTUS and VP selected together. Amendment 20 (1933) - terms end in January for POTUS and Congress. If POTUS ELECT dies before taking office, VP becomes POTUS. If he fails to qualify, VP acts as POTUS. Amendment 22 (1951) - term limits. No POTUS can be elected to office more than twice, can only win election once after serving more than 2 years as POTUS. Amendment 25 (1967) - if POTUS is removed from office, VP becomes POTUS. if there is a vacancy in VP, POTUS nominates a VP confirmed by 50/50 vote in Congress

Vesting Clause

Article II, Section 1 The executive power shall be vested in a President of the United States

Oath of Office Clause

Article II, Section 1 of the Constitution What they say when they enter office. If you want to impeach a president, you have to catch him breaking this oath

The President as Commander in Chief

Article II, Section 2 gives the president the power to act as commander in chief of the army, navy, and militia of the US. However, war powers are often challenged. George Bush, War in Iraq and Tribunals with Salim Ahmed Hamdan

Appointments Power

Article II, Section 2. POTUS gets to choose people who work for him. Gives him power for choosing senior officers. Supreme court, cabinet, and other "officers of the united states" Important: What exactly are officers of the US? Its undefined! Thats potential for increased POTUS power

Is there anything in the Constitution about Presidential Speech?

Article II, Section 3 "He shall, from time to time, give the Congress Information of the State of the Union, and recommend to the Consideration such Measures as he shall judge necessary and expedient" View of the founders: Presidents should not be engaged in public, highly visual rhetoric. Why? The republic will be divided. If the president is partisan, that will reinforce divisions in society and drive us apart. Democracy: politicians and other gifted public speakers use their gift to move the public to make things emotional and turn things irrational and mess with the rights of citizens

Can the President give more state of the Union addresses if he wants to?

Article II, Section 3 POTUS shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses. Constitution does not specify the number of SOTU addresses the POTUS can/should give, and because of that POTUS can decide for himself.

Take Care Clause

Article II, Section 3 The President shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

"Recommend Legislation"

Article II, Section 3 POTUS shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses. POTUS can give Congress info and recommend issues to be addressed (laws that should be made, etc), but he doesn't actually play a role in the legislative process

"Bully Pulpit"

Associated with the church. He's someone he believes in stump speeches, speaks his mind, aggressive presidency, oftentimes make decisions first - very much Teddy Roosevelt. He occasionally put theory into practice with public appeals for his Progressive Party reforms.

Amendment 13

Ban of slavery

"Veto Bargaining" v "Blame Game"

Bargaining is a good thing. Sending something back through veto is usually good, and congress can change it and try to pass it again. Blame game is bad, results from audience costs. Blame game says this isn't about uncertainty or bargaining. Before the bill is passed, president has already and unambiguously said he will veto legislation. They can be engaged in something that LOOKS like veto bargaining, but is actual for the benefit of a bigger audience

Presidential Unilateral Action

By law, the president has the authority to give orders to the executive branch. This includes things that aren't "orders". If the president tells you to do it, and you are under his chain of command, then it is an order.

Constitution Article V

CONSTITUTIONAL AMMENDMENTS Congress, whenever 2/3 of both Houses deem it necessary, shall propose Amendments to this Constitution which shall be valid as part of this Constitution when ratified by the Legislatures of 3/4 of the States Provided that no Amendment shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article AND no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Chief of Staff

Chief assistant to POTUS. He's the chief of ALL the people who work for the president. Famous chiefs of staff: Rham Emanuel (Obama, went on to do shit in Chicago). Joseph Tumulty (Woodrow Wilson). Don Regan (RR chief, resigned because he couldn't handle the media crisis around Iran Contra Scandal). Robert Reich (Clinton, had kids telling him what to do). (Bob?) Haldeman (Nixon - went to prison for Watergate). These are important because they (and other parts of the exec office) are now executive norms that have been established by many POTUS's . Important because FDR exploded the size of the executive

First 100 days

Coined after FDR's sweeping reforms in his first hundred days in office. He was able to do a lot because of the Democratic majorities he held in Congress, as well as popular support. A lot of successive presidents have tried to say they would do the same, but with little success In reality, once the honeymoon phase is over, it's hard for anything to get done.

Competitive Communication

Competition and Habituation: More stimulus required over time due to habituation. Expect to see increasing volume as result. Search for advantages implies innovation. Expect advantages to be temporary (think about this: Politics is like a competitive market. Someone invents a new product. It's a hit! But it doesn't dominate the market for long unless they have some sort of license, And even if they do, competitors come in and introduce brand new products to compete. Predicting POTUS: People campaign equally well and they compete with each other because they are so well funded. Candidates just have to be at least as good and run a campaign that is at least as good as the other candidate

Why would Congress introduce legislation that can be vetoed?

Congress almost always know when the veto is coming. Everybody knows ideological positions, they are capable of predicting the outcomes. However, they often do so for two reasons: 1st, bargaining. Sending something you know will be vetoed to the president is good because knowing exactly what the president wants changed will help get that bill passed in the future. 2nd, the audience effect. Congress needs to perform for the voters, and so does the president.

Majority Agreement

Congress can only act with majority agreement in both the senate and the house. However, the president is a unitary actor, one who can act alone. B/c of this, Congress faces problems the president doesn't face. Calculate what can pass, work across house and senate, get majority, etc. President doesn't have to compromise. He can just do what he wants to do. And even if congress does put in all that work to get a bill passed, the president can veto that shit. Congress can override that if they can get 2/3 vote, but that never happens

Amendment 1

Freedom of religion, press, speech, peaceable assembly petition the government

Nominating the President

From 1830-1900's, nominations were straightforward. The county would vote for delegates, which then culminated in a state convention, which then moved to the selection of delegates for the national convention. Nominees were selected by national nominating conventions. There were no elections, and public opinion did not directly affect party selection for nominee.

Article IV, Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

Article I, Section 10

No state shall enter into any Treaty, Alliance, coin Money, emit Bills of Credit; make money any Thing but gold and silver, pass any ex post facto Law, or grant any Title of Nobility.

Civil Service

Grant passed the Civil Reform Act Executives handling their own branch Party patronage has become a norm for removing department heads Party Patronage v. Civil Service A question at the heart of the appointments/removals debate Patronage - rewarding positions based on the appointee's party alignment - has been controversial over time. Rutherford Hayes fought against patronage in favor of a "civil service" approach - he argued that the offices of federal bureaucracy should be filled and retained based on measures of objective, competitive examinations - not party loyalty. Others rejected this idea - said that party activists at the state and local level had nothing to work with energy toward if not a potential rewarded position. When Garfield's corrupt and complicated web of party patronage got him killed, however, the nation began to view the issue differently Pendleton Act Signed by Arthur after Garfield was assassinated Creates the US civil service commission to regulate those hired to government jobs Now called Office of Personnel Management (OPM)

Who is the only president to serve non-consecutive terms?

Grover Cleveland

The President as Head of the Executive Branch

Has to deal with problems of his staff. Even line organizations in the executive branch move out of the president's control because the organizations under the executive branch operate separately of the president. Requiring the President's consent on everything that the organizations of the executive branch needed to do to carry out the duties in today's day and age would exhaust all of his time and prevent him from doing anything else. Then we must consider what many consider "the 4th branch of government", which is made up of the organizations like EPA and FDA and FTC which are technically parts of the executive branch but operate completely independently of the president because they do not fall in line under any of the cabinets. These organizations have their own authority. So the problem becomes: how do presidents control the executive branch when it is necessary for them to be so separate from their own branch?

Article I, Section 6

House and Senate Compensation

Article I, Section 4

House and Senate Elections

Article I, Section 5

House and Senate Proceedings

Article I, Section 2

House of Representatives - Duties

Clinton can no longer serve as the POTUS, but can he serve as the VP?

I'm going to go with NO because 12A says that no one ineligible for POTUS can serve as VP

Polarization

Ideological division among parties that causes people to vote only with their own parties

Amendment 25

In case of the removal of the POTUS from office upon death or resignation, the VP shall become POTUS. Whenever there is a vacancy in the office of the VP, the POTUS shall nominate a VP, who shall take office upon confirmation by a majority vote of both Houses of Congress. If the president writes a note to President of Senate and Speaker of the House that he is unable to carry out the office, his powers will be transmitted to the VP as acting POTUS until he can write a note contrary to the original. Also if the VP and majority of executive officers deliver a note to Pres. of Senate and Speaker of the House, the VP shall assume duties as acting POTUS

Schecter Poultry Corp. v US (1934)

Invalidated part of the New Deal which tried to create fairness among poultry sellers/distributors because of invalid regulation of commerce (Commerce clause)

Essay Topic: The power of the presidency is generally regarded as having increased profoundly over the life of the USA. In an essay, discuss whether it would be correct to say that what has changed is not the power of the Presidency in relationship to other branches of government so much as the power of all of government in US society.

It seems that the power has definitely grown: 1. president's ability to put troops on the ground without declaration of war (which is pretty much how all wars have gone since the Gulf, maybe even before) counter: as Commander in Chief, it is clearly in Constitution that the president needs to respond to emergencies, especially in war time, and the development of these powers has been situational only to deal with the crisis of the time 2. FDR expansion of presidential power, executive branch, executive powers and how that has played into other presidents' expansion of the control of the executive branch 3. Has Congress power changed? Congress still has power to check the president on laws, treaties, appointments, (uni-dimensional spatial model) 4. Supreme Court also has the power to check presidents.

Court-Packing

Judicial Procedures Reform Bill of 1937 (frequently called the "court-packing plan") was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court.

Marbury v Madison (1803)

Judicial Review

Essay Topic: In the course, we have repeatedly identified factors that have been associated with past change in the Presidency. Identify several important recurring factors. Discuss two of them in more detail. Describe their importance in the past and explain why they might be expected to propel future changes in the presidency (making it weaker or stronger)? That is, what should scholars be watching?

Jefferson Jackson Lincoln FDR Reagan

Who are the "regime-changing" presidents?

Jefferson Jackson Lincoln FDR Reagan

Amendment 11

Judicial power not extended to sue states/government in certain circumstances

Constitution Article III

Judiciary Powers

Revolution of 1800

Jefferson defeats Adams, causing Democratic-Republican party to take back control of government, beginning the demise of the Federalist party. Jefferson won, Aaron Burr was the VP, beat Adams and someone else. Similar to the 1796 election where there was an issue between top two presidential candidates. Caused the 12th amendment because, originally, the vice president was the runner-up for the presidency. However, the vice president in 1796 and 1800 were both the opposite party of the president, which made it hard to get things done, so after 1800 they introduced the 12th amendment to allow the president to choose his VP. Amendment was ratified in 1804 just before the next election.

Uni-Dimensional Spatial Model

Keith Krehbiel (1998 pivotal politics) Says you can look at interactions between president and congress on a uni-dimensional model. Liberal______VP_____Median___FP______Conservative All politics is a bargain The president vetoes legislation as a bargain, hoping that if he sends the bill back, Congress will fix it, and then return it to him. The Uni-Dimensional Spatial Model is made up of the ideology line of liberals and conservatives. Most voters can be placed on this ideological line, and we can use it to organize our thinking on the interaction between POTUS and Congress, and when POTUS's are going to be able to lead changes in Congress. In a majority vote system, the median voter is always the decider (50%+1). In Congress however, we have two complicating things. 1: You have to break a filibuster. 2: If the president vetoes something, you need to have the 2/3 majority to override it

The Public Presidency

Kernell: Going Public (4 problems) First Presidency v Second Presidency: First reflects intent of the founders, encourages deliberation. President: provide energy and steady administration of law. Not regarded as active participant in deliberation and making of laws. He receives the laws and administers them. Second presidency: President is the leader and interpreter of the public, Helps public understand what is going on, shapes debate, help find where the public interest lies. Interprets the public. Very different conception (according to Tulis) than the first presidency. Lim, "Dumbing Down": Going public causes presidents to dumb down their speech. Problems with presidential and public rhetoric because there it reflects a deterioration in politics, inability to solve problems, coarsening of public language, sees these things being led by presidents. The Anti-Intellectual presidency: Presidential rhetoric has become simple over time. Annual messages, Inaugural addresses have caused Language to get simpler. Does going public actually matter though? Some differing opinions: Edwards 2003, argued going public has No systematic effect of public speech on approval, and if there is it goes away immediately. Eshbaugh-Soha and Peake 2011, argued going public has No effect on high salience agenda items. Media agenda shifts for short periods, low salience issues only. Barret 2004, 2005 argued that Few issues get much presidential speech anyways, speech not very important. Might Boost legislative successes, but not always

Status Quo

Latin, Pre-existing state of affairs

Election of 1876

Led to Compromise of 1877. President Hayes lost the popular vote to Tilden. However, there was no consensus of electoral votes, so the election was left to the House. In an informal deal, the House decided to give the votes to Hayes in exchange for withdrawal of troops from the South, ending Reconstruction

Constitution Article I

Legislative Powers

Debating the Presidency: Would the Framers approve of today's presidency?

Nichols: Yes. Nichols argues that today's presidency is a natural outgrowth of the presidency created by the framers Bimes: No. The modern presidency is unrecognizable compared to the weak office intended by the framers.

Gridlock

Many people argue that we need a president who knows how to work with people, knows how to bargain and get things done. However, the Uni-Dimensional Spatial Model says this is not true because presidents cannot bargain people out of their ideological commitments. If you think about where the pivotal voters are (veto pivot and filibuster pivot) then we talk about a very narrow set of actors. You can use this model to identify the important people and pander to them. Presidents can focus their attention on those median voters that they need in order to gain victory. The ideological zone between filibuster pivot and veto pivot (the median) is called the gridlock interval

Election of 1896

McKinley v William Jennings Bryan Change in campaign norms. One of the first campaigns where the COST was super high. McKinley spent 5 TIMES AS MUCH MONEY ON HIS CAMPAIGN as Bryan. Bryan was a powerful speaker, people liked him, but his draw was his voice. The people in his party thought they should take him around by train and let him talk to people. Very ambitious train tour where he gave speeches to thousands of people. McKinley, on the other hand, hung out at his house! Gave speeches to the people on his porch because it was thought to be "un presidential" to go around campaigning. Very different campaign styles

Lily Ledbetter Equity Act

Meant to deal with pay disparity between men and women in the US. It represents injustice AND a part of democratic program is to urge women to support democratic candidates because democrats embrace women's issues while republicans don't

"Advise and Consent"

Mentioned several times in the constitution, but not actually defined. Senate advises and consents on treaties and other things, but no one actually knows what it means. Does president need to engage congress before engaging in activities? Or is it the way we do it now, which is he goes there after doing something and asks forgiveness, not permission?

Front-Loading

Moving the primaries up earlier and earlier in the calendar year. Benefit: gives more clarity to the presidential nomination process. Iowa and New Hampshire are important because they represent the very different kinds of voters that are spread across the country.

Humphrey's Executor v US

Need to know Two types of executive organizations: "line organizations" - fall within the cabinet (ex: Refugee Resettlement, part of Health and Human Services, which is part of cabinet) and independent executive agencies, which fall outside the direct lines of the executive line (like the Federal Trade Commission, or FTC). FDR fired Humphrey for his policy positions, not for being bad at his job. He referenced Myers v US, 1926 ("The President is empowered by the Constitution to remove any executive officer appointed by him by and with the advice and consent of the Senate, and this power is not subject in its exercise to the assent of the Senate, nor can it be made so by an act of Congress.") to fire Humphrey. However, SCOTUS said you cannot follow precedent set by Myers because this is not a line office, FTC is not under the POTUS. This part of the executive branch is almost like a 4th branch of government (CIA, NASA, EPA, FDA and others) where the organizations are created by congress and get money from congress but are not accountable to the president OR congress

Power to Persuade

Neustadt: The power of the president is the power to persuade. Neustadt's rule: if someone ever says just shut up and do what I tell you to do, then you have failed. Your job is to convince them that THEY want to do what you want them to do

Article IV, Section 3

New States may be admitted by the Congress into this Union, but no new States shall be formed within any other State; nor any State be formed by the Junction of two or more States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States

Lochner v New York (1905)

New York Law limited number of hours a baker could work. SCOTUS decided that "liberty of contract" is right, protected by the Equal Protection clause of 14 Am. Laws restricting employment breach this liberty of contract. New York said the law was made to protect the health of the bakers, but SCOTUS decided the law attempted to regulate the terms of employment, and calling it an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract."

Lochner v New York

New York made a law that limited the hours that bakers can work. SCOTUS rejected the argument that the law was necessary to protect the health of bakers, deciding it was a labor law attempting to regulate the terms of employment. They called it "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract." They argued that "liberty of contract" is implicit in the Due Process Clause of the Fourteenth Amendment, and that this law infringed upon that liberty

Amendment 22

No POTUS shall be elected to the office of POTUS more than twice. No one can be elected as POTUS again if they have already been elected POTUS, OR held the position for 2+ years after taking over for another POTUS

Presidential Nominations

Not institutionalized in the constitution; have changed considerably over time in campaign practices - Active campaign by candidates - Rise of primary election - Political parties matter Change in role of convention. Initially: elite bargaining context with real uncertainty. Party activists are different Campaigning is much different than it used to be. Gradual evolution in the degree in which presidential candidates have participated in campaigning. People used to think that campaigning was below the president. They used to just get on a tree stump and then shout at people. Stumping was not believed to be appropriate for political candidates. However, by the end of the 19th century candidates began getting excited about campaigning and doing so unabashedly. Parties in the past were associated with corruption and had an un-democratic quality about them. Party domination however, dominated well into the 20th century. Parties are primarily state-level organizations. There is a national party organizations, but they are very much state level organizations and they exist in the law of every state. They set the rules at the state level for how candidate selection goes. However, they are often organized at the national level oftentimes because coordination is so important. Political conventions come around 1832 (Jackson) and around 1840's there are campaigns that look like the modern presidential ones. Slogans, chants, buttons, rallies, etc.

55

Number of electoral votes held by California (Most of any state) 2 in the Senate, 53 in the House

Filibuster

Only happens in the senate because only in the Senate is there unlimited debate. Allows senators to talk endlessly to avoid voting on a bill. Longest ever: 25 hours, Strom Thurman

Salim Ahmed Hamdan (Hamdan v Rumsfeld 2006)

Osama bin Laden's driver. Important because he was caught in Afghanistan after 9/11 and sent to Guantanamo bay (first prisoner to have his case heard in the Bush admin. organized military tribunals, which were run under the jurisdiction of POTUS with no input from congress. Hamdan challenged the tribunals as unconstitutional because they were set up just to try enemy combatants. SCOTUS agreed, gave Bush the option to try these people in civilian tribunals or something else. CLASSIC CASE OF POTUS WAR POWER. Most recent example of presidential power being challenged during war time. SCOTUS and congress often try to challenge POTUS during war time when they do something shady

Essay Topic: One counterpoint to the idea that norms account for presidential behavior is that in many instances, it seems clear that presidents (and candidates) do things consistent with their institutional incentives that are permitted by technology. What incentives do US institutions create for presidents? How has technological development affected Presidents' behavior in response to those incentives?

Presidential norms establish specific behaviors or actions that presidents have taken in the past. For example, early presidents did not take part in the same sorts of campaigns as they do today because stump speeches and hard campaigning were seen as un-presidential behavior. For a president to choose not to give speeches and make public appeals to get elected was to follow the norm set by previous presidents. However, there are many incentives created by the institution of the Presidency that go against norms like these. To follow the example of campaigning, as more and more presidents were chosen over the years, presidents began to discover that the public encouraged campaigning, and that it was more likely for the president to be elected if they engaged in the campaign process. It became clear that the institution provided a strong incentive to campaign for the public, provide speeches, debates, etc., which has led to the campaign system we see today, one in which presidential candidates begin their public campaigning as much as a year in advance. What other incentives does the institution create for presidents? well, there are other incentives to go public besides campaigns For one, every president has a strong incentive in preserving executive authority and increasing the strength of the Presidency. Every President has incentives to figure out ways to fight the gridlock of Congress, which requires strengthening the executive but also bargaining and finding other ways to get things done President has had incentives to create a stronger executive branch to deal with the issues surrounding the POTUS, which has proved to be good and bad.

What is "going public"?

Presidential strategy of appealing directly to the American public for support. Forcing compliance from fellow Washingtonians by going over their heads to enlist constituents' pressure is a tactic that was known but seldom attempted during the first half of the century.

Going Public

Presidential strategy of appealing directly to the American public for support. Forcing compliance from fellow Washingtonians by going over their heads to enlist constituents' pressure is a tactic that was known but seldom attempted during the first half of the century

Amendment 18

Prohibition

Amendment 8

Protection against excessive bail

Amendment 4

Protection against search & seizure

Flesch Scale

Readability test designed to indicate how difficult it is to understand a certain reading passage. Assesses word length and sentence length. A text with a comparatively high score on the Reading Ease test should have a lower score on the grade-level test.

Amendment 21

Repeal of Prohibition, Am. 18

Filibuster (in context of judicial nominees)

Seen in the 2016 election. Congress can filibuster a POTUS nominee for SCOTUS justice in order to prevent them from being selected to the court. Controversy over the powers between POTUS and Congress. According to the Constitution, the President has the ability to nominate people to the court, even as a lame duck. however, lame duck try to continue their ideology by selecting before they go. But Congress will filibuster because the party not in power wants to get their own president elected to get their own justice.

Article I, Section 3

Senate - Duties

Amendment 6

Right to Speedy, public trial

Amendment 7

Right to a Trial of civil cases in federal court Protection Against Double Jeopardy

Amendment 2

Right to bear arms

Amendment 19

Right to vote for all citizens regardless of gender

Amendment 15

Right to vote for all citizens regardless of race

Citizens United

SCOTUS determined that Under the first Amendment of the Constitution, non-profit organizations have right to political speech the same way individuals do, and therefore to limit their spending would be to infringe upon their rights

Roe v Wade (1973)

SCOTUS determined that right to privacy (not an actual right) under 14 A protects women's right to her body, abortions are legal. However, states also have 2 obligations (protect mother, protect the child), therefore states are allowed to regulate abortion after 3rd trimester

McCulloch v Maryland (1819)

SCOTUS used "necessary and proper clause" to deem the Second National Bank an integral part of Congress providing for the people.

Going Public

Samuel Kernell President does not communicate with Congress and instead goes straight to the public. He appeals directly to the American citizens for support It can undermine the president's power and the bargaining system breaks down Going Public forms: Speeches, special reports on prime time tv, public appearances, political travel

Political Time

Skrwonek: Whole theory about how to measure the legacy of Presidents. The argument: Presidents are sometimes great because of the hands they were dealt, not their characteristics. Also, there are times where you can completely reform the position if it falls to shit right before you get there. Also, you cant really compare presidents because its not fair to say one did better than the other because of the different times they serve in office. Look at Obama's last year v Reagan: very different because Reagan was ending the cold war (and dying) and Obama is chillin, but also kind of dealing with terrorists

3/5 Compromise

Slaves worth 3/5 of a person - compromise made for the south because they wanted more representation

Gridlock Interval

Space between the veto pivot and the filibuster pivot. The smaller the gridlock interval, the more legislation. The bigger the interval, the less gets done

Responsiveness v Competence

Staff Control Paradox The president's desire for better control and monitoring requires a bureaucracy. That bureaucracy requires control and monitoring. How do you build a WH capable of governing effectively that is not capable of behaving dangerously or illegally?

White House Office

Staff goals: 1. Free the president from mundane tasks to focus on larger issues 2. Provide advice and monitor the rest of government; magnify presidential influence 3. Insulate the president from information and events, which often backfires (almost every major failure of presidential leadership since the thirties has been blamed on managerial style and the staff) Staff/Control paradox - the president's desire for better control and monitoring requires a larger bureaucracy - but that bureaucracy needs more and more control/monitoring as a result Primary tasks of WH Staff: 1. Coordinate and supervise people advising the president, 2. Formulate policies and deliberate on them, 3. Outreach to external groups

Presidential Staffing and White House Assistance to the President

Staff is meant to free the president from mundane tasks to focus on larger issues. Staff job is to provide advice, monitor the rest of government, magnify presidential influence, and insulate the president from information and events. However, this is often a bad thing. Creates a Staff Control Paradox. The president's desire for better control and monitoring requires a bureaucracy. That bureaucracy requires control and monitoring. But how do you build a WH capable of governing effectively that is not capable of behaving dangerously or illegally? Responsiveness v competence, Risks and Dangers: Almost every failure of presidential leadership has been a struggle with bureaucracy (Bay of pigs, Vietnam, Watergate, Iran contra) Major Reform History: 1912: Taft commission (headed by Frederick Cleveland, concerned with econ efficiency) reports criticize budget decentralization. (note: republican interest in responsible budgeting is a big theme) 1921 budget and accounting act: Bureau of the Budget, Unified executive budget prepared by president. 1920-21 Congressional appropriations reviewed by single committees in both houses (v multiple committees) Budget circular 49, 12/19/21: no modifications of agency budgets except through presidential clearance *Wilson had vetoed Budget Act Wilson objected to provisions that prohibited the president form removing the GAO comptroller general. Harding signed it anyway (a violation of expectations of presidency-enhancing behavior) But consistent with partisan factors shaping presidency. Harding's signature is very indicative of reactions to presidential behavior. We never expect presidents to make their office weaker. Once a president expands, his successors will defend and utilize that power History Review: 1923 congress officially permits POTUS to borrow executive branch appointees. 1936 Committee on Administrative Management, chaired by Louis Brownlow, Head of famous report on admin management, which is discussed at length in TB, Famous for "the president needs help". 1939 EOP authorized by aw, incorporated BoB; FDR implemented via executive order, Created WH office. 1949 Report of Hoover Commission on organization of the executive branch of the government, Officially named the Commission on Organization of the Executive Branch of the Government, was a body appointed by President Harry S. Truman in 1947 to recommend administrative changes in the Federal Government of the United States. It took its nickname from former President Herbert Hoover, who was appointed by Truman to chair it. 1970 Nixon reforms: OMB replaces BoB, Expanded agency called office of management of budget, OMB turns out to be a big player ever since. Standard view of White House Organization (HULT) Three Primary tasks of all post FDR white houses: 1. Coordinate and supervise people advising president 2. Policy formulation and deliberation 3. Outreach to external groups

Team of Rivals

Started with Lincoln, who determined that he would choose his cabinet based on those who were "best for the job" (led to him choosing 3 people who ran against him for president). This was a revolutionary idea for seeking new opinions to aid the president in getting information, as the norm before was mostly patronage and cronyism. Obama did this as well. Makes cabinet stronger, but makes cabinet slower and less efficient

Constitution Article IV

State Obligations

"Youngstown Sheet and Tube" Co. v Sawyer

Steel Seizure Case. Truman decided to try to take over a Steel Mill because he needed the Steel for WWII. SCOTUS decided to limit the power of the POTUS to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress.

Which president is known for the term "Bully Pulpit"? What does it mean?

Teddy Roosevelt coined the term "bully pulpit" by using it to describe the presidency. It is a position of authority that gives its occupant outstanding authority to speak out on any issue. Associated with the church. He's someone he believes in stump speeches, speaks his mind, aggressive presidency, oftentimes make decisions first.

Article IV, Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with a Crime, who flees and is found in another State, shall be delivered to be removed to the State having Jurisdiction of the Crime.

Article I, Section 8

The Congress shall have Power To lay and collect taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States. Powers to: declare war, raise taxes, keep standing navy, regulate commerce with foreign nations, coin money; AND To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution

Amendment 16

The Congress shall have power to collect income taxes from whatever source derived without apportionment among the States

Article II, Section 2

The President shall be Commander in Chief of the Army and Navy of the United States; he may ask the opinion of the officers of the executive departments; and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. He shall have Power to make Treaties, provided two thirds of the Senators present concur; and he shall nominate and appoint ambassadors, SCOTUS judges, ministers/consuls, and other offices whose appointments are not listed with the Advice and Consent of the Senate. Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

"Take Care" Clause

The President shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Article II, Section 4

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for Treason, Bribery, or other high Crimes and Misdemeanors.

Article IV, Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Audience Effect

The action of that vote is directed at an AUDIENCE (voters) because they want to show the voters that they are in the process of bargaining with the president and trying to actually get shit done. The president vetoes, then they congress makes changes, then maybe they can get things passed

Mandate

The amount of people that you have in house and senate of your party. Popular vote/electoral college margins. Works for all presidents except Reagan. Reagan did not have the same mandate as other presidents Typically made up of 1. Electoral support and 2. Size of congressional majority (does POTUS party have more seats?). Public approval is also important. Campaign dominated by clear issue choice Skowronek calls these "warrants" (issue-domination, margin of victory). Dahl says real issue mandates are very rare, almost never exist. Electoral mandates for influential, regime-changing presidents Jefferson, Jackson, Lincoln, FDR, Reagan - Electoral College: 83.7 - Popular: 54.1 - pretty strong Other 2 term presidents in 1st terms - Electoral College: 67.25 - Popular: 49.67 - majority, but not so strong Obama - not on the level of the re-constructionists, but good - Electoral College: • 1st: 67.8 • 2nd: 61.7 - Popular: • 1st: 52.9 • 2nd: 51.1

Joe Wilson

The anecdote opening the Chapter on "legislative president" involves Joe Wilson because he may have been the first person to ever heckle a president

Filibuster Pivot

This person is the 3/5 vote needed to stop a filibuster (i.e. person #60). To end a filibuster, you need 16 senators to introduce a motion of cloture, but 60 senators need to vote on it. 60/100 = 3/5. So the filibuster pivot is the LAST person you need to get the filibuster to end.

Presidential Primaries

Two types, open and closed (also there are caucuses). Two stage process: nomination and election Primaries are elections: Structured by competition of candidates; Many times, the best prediction of the vote is the partisan-ship of the vote. If someone is republican, they generally vote republican, etc. You can usually predict peoples votes. Front-loading: Moving the primaries up earlier and earlier in the calendar year. Benefit: gives more clarity to the presidential nomination process (ex: Iowa, New Hampshire: important because they represent various areas of the country).

Constitution Article VII

Unanimous consent of the states to Establish the Constitution followed by the signatures of those involved.

Gideon v Wainwright (1963)

Under 14 A, states are required to provide counsel in criminal cases to defendants who are unable to provide for their own consel

Debs v US

Upheld the Espionage Act of 1917 (prohibit interference with military operations or recruitment, prevent insubordination in the military, and to prevent the support of U.S. enemies during wartime). Eugene Debs was an American labor and political leader and five-time Socialist Party of America candidate for the American Presidency. On June 16, 1918 Debs made an anti-war speech in Canton, Ohio, protesting US involvement in World War I. He was arrested under the Espionage Act of 1917 and convicted, sentenced to serve ten years in prison and to be disenfranchised for life. The case against Debs was based on a document entitled Anti-War Proclamation and Program, showing that Debs' original intent was to openly protest against the war. The argument of the Federal Government was that Debs was attempting to arouse mutiny and treason by preventing the drafting of soldiers into the United States Army. This type of speech was outlawed in the United States with the Espionage Act of June 15, 1917. The defense argued that Debs was entitled to the rights of free speech provided for in the first amendment of the Bill of Rights. This was one of three cases decided in 1919 in which the Court had upheld convictions that restricted free speech

Bureau of the Budget/Office of Management and Budget

Very important federal office, based out of the white house. Super important because the goal is to create a centralized national budget. Handle budgets for ALL federal agencies. Originally established by Harding (1921) moved to Executive Office of President (EOP) in 1939 [FDR]. Became OMB in 1970 when Nixon was president.

Key Clauses of the Constitution

Vesting clause, Take Care Clause, Oath of Office Clause

Chevron v NRDC - 1984

Was important in the discussion of executive agencies and the powers they hold. Helped establish that certain federal agencies have the power to make "administrative rules" that have the weight of rule of law. If the agency agrees to a rule, EVERYONE has to follow it, and if you don't you will be fined or otherwise punished. This case is important because SCOTUS gave administrative deference to these agencies. They basically #confirmed that if an agency passes a rule, then that rule HAS to be followed.

Amendment 23

Washington DC gets to have the same number of representatives in the POTUS election as a state (but never more reps than the lowest state has)

How do we choose the President? What are potential problems with our selection process?

What qualities do we want? How can we increase the chances of getting those qualities in a president? Are there institutional changes that should be made? Two stage process here: nomination and election. With "good" institutional balance among the main branches of government, would the president's qualities be less important? Parties want to win. They think about goals as maximizing chances of winning. However, people like the idea of popular domination because the elites can become out of touch. But then the population messes up and we think maybe elites are better. So what's best?

Court Packing

When presidents try to change the judiciary/put in their own judges. There is a belief that president was going to try to take too much control over Judicial agenda of US. FDR wanted to fill the court with people who would support the new deal (wanted to increase number form 9 to 12)

Who started the "media presidency"?

William McKinley

Which president is known for running a "Whistle-Stop Tour"? What is it?

Woodrow Wilson initiated the "whistle stop" tour to address the nation on behalf of the League of Nations to encourage the US to join. Congress didn-t originally ratify joining the L. of N., so Wilson had to go around convincing them. "whistle stop" refers to stopping along the train route

Prerogative

a right or privilege exclusive to a particular individual or class.