Presidency in American Government

Introduction to the Presidency

  • Course: American and Texas Government

  • Instructor: Shannon Bow O'Brien, Ph.D.

  • Produced by: LAITS, The University of Texas at Austin, Department of Government, College of Liberal Arts

Section 5: The Presidency

Executive Branch Overview

  • The founders of the United States designed the presidency intentionally to avoid a monarchy or the emergence of a tyrannical ruler.

  • A series of checks on presidential power were instituted to ensure accountability.

  • Despite these checks, the position of the president is recognized as powerful, endowed with many formal and informal powers.

  • The duties of the president are often contradictory, making it difficult for one individual to fulfill them all effectively.

Basis of the Presidency

  • Single Presidency: The U.S. has a single executive head.

  • Selection of President: Chosen neither directly by the people nor Congress through an electoral college system.

  • Term Duration: Presidents serve a fixed term.

  • Removal from Office: Can only be removed through the impeachment process.

  • Veto Power: Presidents have the power to veto legislation.

  • Advisory Council: While presidents are not required to have one, they often do.

  • Authority: Presidents have both constitutional and statutory authority in their duties.

Minimal Requirements to Become President

  • Must be at least 35 years old.

  • Reside in the USA for a minimum of 14 years.

  • Must be a natural born citizen of the United States.

Formal Powers Granted by the Constitution

  • Chief Executive of Federal Bureaucracy: Oversees federal agencies.

  • Nominate and Appoint key officials: Includes federal judges and heads of agencies.

  • Implement and Enforce Laws: Ensures laws passed by Congress are executed.

  • Veto Bills: Ability to reject legislation.

  • Negotiate Treaties: Can make treaties with foreign nations (requires Senate ratification).

  • Diplomatic Recognition: Acknowledges foreign governments.

  • Commander in Chief: Head of the armed forces, responsible for defense policy.

  • Rally Around the Flag: Ability to unify public support during crises.

  • Chief of State: Symbolic leader of the country.

  • Pardon or Grant Clemency: Authority to grant forgiveness for federal offenses.

  • Power to Convene Congress: Can summon Congress to discuss pressing issues.

  • Take Care Clause: Mandates that presidents must ensure laws are faithfully executed.

Informal Powers of the Presidency

  • Propose Annual Budget: Formulates fiscal strategies for the federal government.

  • Develop Policies: Works towards promoting national peace and prosperity.

  • Presidential Doctrines: Some presidents articulate doctrines outlining U.S. foreign policy goals, e.g., Monroe Doctrine, Bush Doctrine.

  • National Morale Builder: Can uplift or inspire the nation through speeches and public appearances.

  • International Peacemaker: Engages diplomatically to resolve conflicts.

  • Public Opinion Leader: Influences public perspectives and attitudes.

  • Party Leader: Serves as the leader of their political party.

Different Types of Presidencies

  • Constructionist Presidency: Views presidential powers as limited by the Constitution.

  • Stewardship Presidency: Posits that the president should be active in taking actions that are in the best interest of the nation.

  • Historical Examples:

    • Theodore Roosevelt (Stewardship)

    • William Howard Taft (Constructionist)

Presidential Succession

  • Presidential Deaths: Eight presidents have died in office, leading to succession issues.

  • Presidential Succession Act of 1947: Establishes the current line of succession, including:

    • Speaker of the House

    • President pro tempore of the Senate

    • Secretary of State

    • Secretary of the Treasury

    • Secretary of Defense

  • 25th Amendment: Addresses presidential succession and disability.

Presidential Tools and Powers (Part I)

  • Treaty: A formal agreement with international entities (requires Senate approval).

  • Executive Agreements: Informal agreements with leaders of other countries without Senate approval.

  • Executive Privilege: The president's right to withhold information from Congress or the courts.

  • Executive Orders: Directives that have the force of law without needing Congressional approval.

  • Signing Statements: Comments made by the president when signing a bill into law, which can influence interpretation.

  • Veto Threat: The president can threaten to veto legislation, which can influence Congress's decision-making.

Presidential Tools and Powers (Part II)

  • The Institutional Presidency: Refers to how modern presidents organize their staff and advisory systems.

  • Organization depends on the individual style of the president.

Important Elements of the Hierarchy Model

  • Chief of Staff: Central figure in the organizational structure of the presidency; potentially problematic due to over-concentration of power.

Executive Office of the President (EOP)

  • Formed in 1939, the EOP includes essential offices that support the president in carrying out their duties.

  • Core components of the EOP include:

    • National Economic Council (NEC)

    • Office of Management and Budget (OMB)

    • White House Office

    • White House Military Office

    • National Security Council (NSC)

    • Council of Economic Advisors (CEA)

  • Central Clearance: Proposals, reports, and testimonies must be certified by OMB to align with presidential policy.

  • Other Offices in EOP: Include the Office of National Drug Control Policy, Office of U.S. Trade Representative, and Office of Science and Technology Policy.

Appointments

  • The president has authority over approximately 3,200 appointments:

    • 1,125 require Senate confirmation.

    • 75,000 military personnel technically appointed by the president.

  • Recess Appointments: The president can fill vacancies during Senate recess.

The Cabinet

  • Presidential Succession in Cabinet Order: According to the order of establishment:

    • Departments include State, Treasury, Defense, Attorney General, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans' Affairs, Homeland Security.

  • Cabinet Departments: Created by Congress, with specific legal responsibilities and political mandates, although not mandated by the Constitution.

  • Function: Cabinet officers run their corresponding departments and advise the president on policy matters.

  • Presidential Attitudes Toward Cabinet: Some presidents, like Eisenhower, find value in the Cabinet, while others, like Nixon, express distrust, fearing excessive influence.

Other Aspects Related to Presidents

  • Richard Neustadt's Concept: States that "Presidential power is the power to persuade."

  • Two Presidencies Thesis: Suggests varying powers in domestic vs. foreign affairs.

  • Going Public: Presidents engage with media and public to appeal for support.

  • Factors Affecting Presidential Power: Issues of an imperial presidency, unitary executive, and the inevitability of power concentration.

The Vice Presidency

  • Historically, the vice presidency held little significance and power, often viewed merely as a balance for electoral tickets.

  • Modern vice presidents have become more integrated into the administration:

    • Serve on the National Security Council.

    • May act as a trusted advisor, handling daily operations or representing the president in diplomatic endeavors.

  • Notable Historical Quotes:

    • Woodrow Wilson stated, "There is very little importance to be said about the vice president… His importance consists in the fact that he may cease to be vice president."

  • 25th Amendment: Addresses issues related to presidential succession and disability.

  • Office Establishment: Walter Mondale was the first vice president to have an office in the White House; 1961 was the first instance of VPs having offices in the Executive Office building.

War Powers Act (1973)

  • Established under President Nixon's veto; designed to control presidential military powers.

  • Rules Established: Both beneficial for controlling president actions and detrimental as it allowed a 60-90 days 'freebie' for military engagement without Congressional approval.

  • Usage History: Presidents Carter, Ford, and Reagan have used these provisions.

  • Constitutionality Questions: There are ongoing debates regarding its constitutionality.

Impeachment Process

  • Definition of Impeachment: A process akin to indictment but not necessarily tied to criminal statutes.

  • Impeachable Offenses: Defined as “treason, bribery, or other high crimes and misdemeanors.” Derived from British tradition emphasizing abuse of power.

  • Hamilton's Perspective: According to Alexander Hamilton in Federalist 65, impeachment concerns the misconduct of public officials that breaches public trust, classified as political offenses affecting society directly.

House of Representatives' Role in Impeachment

  • Process Overview: Impeachment starts within the House:

    • Investigation: Typically led by the House Judiciary Committee; however, a full floor vote can occur without this.

    • Voting Outcome: A simple majority vote in the House is required for impeachment to occur.

Senate’s Role in Impeachment

  • Trial Proceedings: The Senate holds the impeachment trial, which can be governed by resolutions outlining procedures.

  • Chief Justice’s Role: The Chief Justice presides over the trial.

  • Trial Mechanics: Evidence is presented by the House managers, and the accused has a defense counsel.

  • Voting Requirement: A two-thirds majority (67 votes) in the Senate is necessary to remove the president from office, with no option for appeal.