The Presidency

Establishing the Presidency

• Established by Article II of the Constitution.
• The presidency’s oath: "to preserve, protect and defend the Constitution of the United States."
• Presidents possess three types of powers:
  • Expressed Powers: Specifically stated in the Constitution.
  • Implied Powers: Not explicitly mentioned but necessary to execute expressed powers.
  • Delegated Powers: Powers assigned to another entity with permission.
• Inherent Powers: Powers not stated but inferred from the Constitution, often claimed during crises.

Constitutional Powers of the Presidency

Expressed Powers

• Specific powers from Article II, categorized into:
  • Military: Commander-in-Chief, controls national military, can deploy troops domestically.
  • Judicial: Grant pardons, reprieves, amnesty (e.g., Ford’s pardon for Nixon).
  • Diplomatic: Chief representative, makes treaties (with Senate consent), recognizes countries, executive agreements.
  • Executive: Enforce laws faithfully, appoints executive officers, executive privilege recognized by United States v. Nixon.
  • Legislative: Addresses Congress, submits budgets, can veto acts; Congress can override vetoes with a 2/3 majority.

Military Power

• Controls national defense establishment.
• Heads intelligence networks (CIA, FBI, etc.).
• Can deploy troops during emergencies, based on state requests or presidential discretion for order or civil rights protection.

Judicial Power

• Examples:
  • Ford pardoning Nixon.
  • Johnson granting amnesty to southerners.
  • Obama commuting sentences of nonviolent offenders.

Diplomatic Power

• Chief representative in international relations.
• Can create treaties and executive agreements without Senate approval.

Executive Power

• Based on Article II, Section 3, ensuring laws are executed.
• Executive privilege allows confidential communications with advisers to remain undisclosed unless consent is given.

Legislative Power

• President’s legislative role involves:
  • Addressing Congress on the state of the Union.
  • Setting policy agendas.
  • Veto powers and the concept of a pocket veto.

Other Powers

Implied and Delegated Powers

• Implied Powers: Needed to exercise expressed powers, supported by the vesting clause.
• Delegated Powers: Authority granted to departments to execute legislative decisions.

Inherent Powers

• Not explicitly stated in the Constitution, utilized during emergencies (e.g., sending troops).
• Example: War Powers Resolution generally ignored.

Institutional Presidency

Structure of the Presidency

• White House Staff: Advisers and analysts providing political advice directly to the president, appointed without Senate approval.
• Cabinet: Secretaries of major departments, appointed by president with Senate consent, meeting irregularly without group decision-making.
• Executive Office of the President (EOP): Agencies performing management tasks (e.g., Office of Management and Budget, National Security Council).

Role of the Vice President

• Exists to succeed the president and preside over the Senate.
• Plays a role in helping the president with electoral balance.

Political Resources

• Presidents leverage their party for agenda advancement; effectiveness varies with majority/minority status in Congress.

The First Spouse

• Ceremonial role, sometimes involved in policy issues (e.g., Hillary Clinton in health care reform).

Historical Trends in Presidential Power

• 19th century dominated by Congress; modern presidents seek to dominate policy making with inherent power.
• Going Public: Modern presidents utilize public platforms for mobilization and communication, starting with FDR’s fireside chats.

Limits of Public Engagement

• Public opinion fluctuates, and president performance can lead to lowered approval ratings over time.

Administrative Strategy

• Presidents enhance power through the Executive Office’s reach.
• Executive Orders: Rules with legislative effect (historical importance in policy implementation).
• Signing Statements: Presidents’ interpretations of laws, can signal non-enforcement of certain provisions.

Checks and Balances

• To prevent executive power abuse, mechanisms include:
  • Four-year term limits.
  • Congressional powers to impeach, reject appointments, deny funding, and override vetoes.