Presidency from American Institutions

American Institutions: The Presidency

The Constitution: The Executive Branch

  • The presidency is established by Article II of the Constitution.

  • Executive branch powers outlined in Article II:

    • Negotiate treaties (requires Senate approval).

    • Receive ambassadors from other countries.

    • Grant reprieves and pardons.

    • Appoint major departmental personnel.

    • Veto congressional enactments.

    • Enforce the laws of the United States.

Establishing the Presidency

  • Article II specifically states:

    • "The executive power shall be vested in a President of the United States of America."

  • The president's oath of office includes a duty to "preserve, protect and defend the Constitution."

  • Types of presidential power:

    • Expressed Powers: Clearly defined constitutional powers.

    • Implied Powers: Powers that aren't expressly stated but are necessary for executing expressed powers.

    • Delegated Powers: Powers assigned to one agency but exercised by another with permission.

Presidential Power

  • Crash Course Videos:

    • Presidential Power Video #1

    • Presidential Power Video #2

Constitutional Powers of the Presidency: Expressed Powers

  • Powers and Duties of the president:

    • Military: Command in chief, deploy troops domestically in emergencies.

    • Judicial: Grant pardons, reprieves, and amnesty.

    • Diplomatic:

    • Makes treaties requiring Senate consent.

    • Executive agreements: contracts between nations that don’t need Senate approval.

    • Executive:

    • Ensure laws are faithfully executed.

    • Appointments for ambassadors, ministers, and federal judges require Senate approval.

    • Legislative:

    • Addresses Congress on the state of the union.

    • Veto: Power to turn down acts from Congress.

    • Executive Order: Rules or regulations issued by the president equivalent to legislation.

Constitutional Powers of the Presidency: Implied and Delegated Powers

  • Foundation of Implied Powers: Enable the exercise of expressed powers.

  • Vesting Clause reinforces the "unitary executive" theory, meaning the president is restrained only by explicit constitutional limitations.

  • Delegated Powers: Provided to the president by Congress, allowing them to develop the means to execute congressional decisions.

Constitutional Powers of the Presidency: Inherent Powers

  • Inherent Presidential Powers: Powers claimed beyond expressed, implied, and delegated powers.

    • Derived from the rights, duties, and obligations of the presidency.

    • Commonly asserted in wartime and national emergencies.

    • War Powers Resolution (1973):

    • Congress holds war declaration power, but the president can send troops without its approval.

    • Forces must be withdrawn within 60 days without congressional authorization.

Institutional Resources of Presidential Power: The Cabinet

  • Cabinet Overview:

    • Comprises secretaries and chief administrators of major federal departments.

    • Has no constitutional status and typically does not make group decisions.

    • Appointments require Senate approval, leading to inefficiencies due to lack of prior collaboration among members.

Institutional Resources of Presidential Power: The White House Staff

  • Composition: Mainly analysts and political advisers tailored to the president's immediate needs.

  • Roles: Inform the president about policies and political consequences.

  • Appointment: All staff are appointed directly by the president without Senate approval.

The Presidency as an Institution

  • The Institutional Presidency includes:

    • The White House Staff

    • Roles: Chief of Staff, Press Secretary, Senior Advisers, Special Assistants.

    • Independent Agencies and Government Corporations: Major entities like CIA, EPA, etc.

    • The Cabinet: 15 departments including Defense, State, Education, etc.

    • The Executive Office of the President (EOP): Established in 1939, includes:

    • OMB, prepares national budget, oversees regulatory proposals.

    • Other agencies such as CEA, NSC, etc.

Presidential Elections

  • Requirements:

    • Age: 35 years.

    • Natural Born Citizen.

    • Resident of the U.S. for 14 years.

  • Election Process:

    • Indirectly elected via the Electoral College.

    • Number of electors equals the number of Congressional members (House + Senate) from each state.

    • 23rd Amendment: Grants Washington D.C. three electoral votes.

    • Most states utilize a winner-take-all system (exceptions: Nebraska and Maine).

    • Winning Criteria: Plurality to win a state and majority (270 votes needed) of electoral votes for presidency.

Institutional Resources of Presidential Power: The Vice Presidency

  • The 12th Amendment mandates the president and vice president be elected on the same ticket.

  • Current Vice President: Kamala Harris.

  • Functions:

    • Succeed the president in case of death, resignation, or incapacity.

    • Preside over the Senate.

  • Succession Order governed by the 25th Amendment: VP, Speaker, President Pro Tempore, Cabinet secretaries.

  • Electoral Value: Vice presidents are often selected to enhance electoral chances and ensure regional or ideological balance.

Institutional Resources of Presidential Power: The First Spouse

  • Role: Ceremonial duties including greeting dignitaries and engaging in national ceremonies.

    • May involve active participation in significant policy issues (example: Hillary Clinton's involvement in health care reform).

Presidential Power: Going Public

  • Historical Context: Nineteenth-century presidents promoted unification rather than public discourse on policies. However, FDR innovated with direct public engagement through media (e.g., radio’s fireside chats).

    • FDR was a pioneer in establishing press relations.

Presidential Power: Going Public Online

  • Current Context: Barack Obama was the first president to leverage the internet effectively. The White House website serves as a platform for disseminating presidential policies.

  • Social Media: In 2016, both Hillary Clinton and Donald Trump utilized Twitter, enabling direct communication with citizens and bypassing traditional media.

  • Social Media Developments: Elon Musk’s acquisition of Twitter influences how government information is fact-checked.

Presidential Power: Limits to Going Public

  • Challenges:

    • Popular support can be unpredictable and subjective.

    • Public approval typically declines during a president's term.

    • Presidential performance often does not meet public expectations.

Administrative Strategy: Governing by Decree

  • Unilateral Action: Presidents can take unilateral actions via executive orders and other decrees, circumventing Congress.

  • Executive Orders: Directives to bureaucracy laying out the constitutional or statutory basis for those actions.

  • Other Decrees: Include administrative orders, national security directives, presidential memoranda, proclamations, and findings.

Presidential Executive Orders

  • Notable Figures' Executive Orders:

    • Administered by presidents like Obama (33), Trump (77), G.W. Bush (36), and others, totaling various counts over different administrations.

  • Note: Total does not include memoranda or other actions other than executive orders as of October 2018.

Presidential Power: Limits

  • Framers' Concerns: The potential for abuse of executive power could threaten liberty, prompting checks and balances:

    • Term Limit: 4-year term as established.

    • 22nd Amendment: Limits the president to two terms.

  • Congressional Powers:

    • Impeachment and Removal of the president.

    • Reject Presidential Appointments.

    • Deny Funding for presidential initiatives.

    • Override Presidential Vetoes.