POLS 1101 Chapter 7: The Presidency

Characteristics of the Presidency determined by constitutional delegates

-The presidency would not be too democratic

-The presidency would not be too beholden to large states

-The presidency would be elected by the other branches

-The presidency would check the other branches

-The presidency would play the primary role in the conduct of foreign policy and of the military

Two major roles for the president

1. Executor (enforcer) of the laws

2. Commander in chief of the armed forces

Enumerated powers

The presidential powers explicitly stated in the Constitution

Implied powers

Powers not explicitly stated in the Constitution but rather inferred from it

Examples of Enumerated Powers

-Power to execute the law

-Power of military authority

-Power to pardon

-Power of diplomacy

-Power to veto legislation

-Power of appointment

Examples of Implied powers

-Power to wage war

-Power over domestic security

-Power to issue executive agreements

-Executive privilege

Spoils System

The practice of rewarding loyal partisans with government positions after they demonstrate their support during an election

Divided government

A government in which the president is from a different party than the majority in Congress

Unified government

A government in which the president is from the same party as the majority in Congress

Going public

Action taken by a president to communicate directly with the people, usually through a press conference, radio broadcast, or televised speech, in order to influence public opinion and put pressure on Congress

Administrative law

The body of law created by executive agencies with the purpose of refining general law passed in legislation

Pocket veto

A veto that occurs automatically if a president does not sign a bill for 10 days after passage in Congress and Congress has adjourned during that 10-day period

Veto threat

A public statement issued by the president declaring that if Congress passes a particular bill that the president dislikes it will ultimately be vetoed

Executive order

An official means by which the president can instruct federal agencies on how to execute the laws passed by Congress

Executive agreement

An agreement between the United States and one or more foreign countries. Because it is not a formal treaty, it does not need Senate approval

Signing statement

A public statement written by the president and attached to a particular bill to outline the president's interpretation of the legislation

White House Staff

Organize schedules and plot political, legislative, and international strategies

Executive Office of the President

Nerve center of the presidency (includes white house staff, Office of Management and Budget, and Office of the United States Trade Representative)

The Vice President

Four Roles

1. Must be able to take over the presidency if president dies

2. Key adviser to the president

3. Casts tie-breaking votes in the Senate

4. Helps the president coordinate federal bureaucratic agencies to achieve presidential goals

Parliamentary Democracy

A form of democracy in which the executive is elected by the legislature and the government is responsible to the legislature

Presidential system

A form of democracy in which the executive is elected independently and the government is not responsible to the legislature

Mixed presidential system

A form of democracy in which the executive is elected independently and shares responsibility for the government with the legislature

Line-item veto

A partial veto that allows the executive to strike specific passages from a given bill

Special prosecutor

Independent, private-sector counsel hired by Congress to investigate government officials

Impeachment

Process by which the House of Representatives formally charges a federal government official with "Treason, Bribery, or other high Crimes and Misdemeanors"

Why did the Framers create a presidency?

Designed as a focal point for coordinating collective action

Article II

Constitutional Basis of the Presidency

Conditions to run for president

-Natural born citizen

-35 years old

-Resident in US for 14 years

War Powers Act of 1973

-Requires that the presidents inform Congress within 48 hours of committing troops to military action

-Operation must end within 60 days unless Congress approves extension

Difference between old president and new president

Old:

-Assumed a small role in accordance with the Framer's expectations

-CLERK and COMMANDER

-Did not play a leadership role in domestic policy formulation

New:

-Gained discretion both in hiring personnel to administer these programs...

-Decides what specific activities and regulations were necessary to achieve the mandated objectives

Crux of delegation

Agree on the goal, but not the process of how to get there

1921 Budgeting and Accounting Act

-Authority comes from the delegation of duty from Congress

-Until the 1920s, individual agencies sent their budget requests directly to House Appropriations

How do government shutdowns happen?

When a budget does not get passed, the federal government cannot keep operating

Divided vs. Unified government

Divided Government- when the president's opposition party controls either or both legislative chambers

(Much more common than unified gov.)

Unified Government- the same party controls the white house and both houses of government

Bully Pulpit

Where minister stands in church giving sermon, forcing Congress to do things

Order of government Organization

1. President

2. White House Staff

3. Executive Offices of the President

4. The Cabinet

5. Independent Establishments and Government Corporations

Office of Management and Budget

Responsible for...

1. Creation of the annual federal budget

2. Monitoring agency performance

3. Compiling recommendations from the departments on enrolled bills (bills that have been passed in identical form in both chambers of Congress)

4. Administering Control Clearance

National Security Council

Compile reports and advice from State and Defense Departments and the Joint Chiefs of Staff and to keep the president well informed on international affairs

A Unilateral President

-Moves first, forces Congress and the Courts to react.

-Utilizes ambiguities in the Constitution.

-Constitution not as specific in role of executive branch as it is in legislature

Positives: Can be beneficial for Congress, President can move faster, work more efficiently due to the lower transaction costs

Negatives: Power can be abused and is very difficult to get back