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.