The Presidency

The Development of Presidential Power

  • A Few things to keep in mind:

  • Presidents get their power from a variety of sources

    • The Constitution, and their management of the executive branch

  • Presidential power has increased over time

    • This is due to the US national growth, expansion of the federal gov, and various acts of legislation

  • There are limits on presidential power, compromise is often necessary

 

The President's Job Description

  • Constitutional Authority: Power derived from the Constitution

    • Outline the presidents role in gov

  • Statutory Authority: Powers that come from laws and powers that come from presidents position as the head of the executive branch

  • Head of the Executive Branch

  • President powers start with the Constitution's vesting clause

  • Vesting Clause: Art II, Sec. 1: "The executive Power shall be vested in a president of the USA"

    • This makes the president the head of government and the head of state

    • Vague in terms of power

  • Head of Gov: has authority over the executive branch

  • Head of State: represents the country symbolically and politically

  • The constitution puts the president in charge of implementing laws

    • 'take Care that the Laws are faithfully executed'

  • This can be straightforward, or it can rely on the president's judgment on how to translate legislative goals into action

  • President can also issue orders to gov agencies that make policy changes

  • Appointments

  • Appointment Power: the presidents' ability to name ambassadors, senior bureaucrats, and federal judges, sometimes subject to Senate confirmation

  • Federal judges (including SCOTUS Justices) are appointed for life

    • Presidents have influence even after leaving office

  • Usually, the Senate approves all nominations, but not always

    • Ex: Obama's pick for SCOTUS, Merrick Garland never got a hearing

  • Recess Appointment: when the Senate is in recess, appointments can be made and bypass approval

    • However, unless they get approved later, they only serve until the end of the congressional term

  • Executive Orders

  • Proclamations made by the president to unilaterally change gov policy w/o Congressional approval

  • Many of these are small, mundane things, but others are huge

    • Ex: Emancipation Proclamation

  • Congress can pass a law overturning an order

    • Additionally, they may face judicial review as well

  • Later presidents can also undo them

  • Commander in Chief

  • Constitution makes the president the commander in chief of the armed forces

  • Congress has the power to declare war

  • President can order troops into action w/o congressional approval

  • We have actually not declare war since WWII

  • The War Powers Resolution of 1973 was enacted to restrain the presidents' powers, but it's only been invoked once

  • Treaty Making and Foreign Policy

  • President negotiates treaties and then they are sent to the Senate for approval

    • President has 'first-mover' advantage

  • Congress cannot force them to negotiate a treaty

  • A president can avoid this vote by saying that the US will voluntarily abide by the treaty w/o ratifying it

    • Ex: Paris Climate Accord

  • Or they can call it an 'executive agreement' meaning it's just between the executive branch and a foreign gov

  • Problems is that a subsequent president can just undo them

    • A ratified treaty stays in effect

  • The President is also the main representative of the US in foreign affairs

  • The degree of focus that presidents have on foreign policy is not entirely under their control

    • Happenings at home and abroad can impact what they focus on

  • Legislative Power

  • Bargaining: Negotiation between the president and Congress over the details of the legislation

  • State of the Union: president addresses Congress about the condition of the country and to recommend policies

  • Presidents staff also works with members of Congress to get legislation introduced

  • Of course, veto can be used as well

    • These are more common under a divided gov

  • Even threatening to veto can be powerful

  • Then Congress has to keep in mind that they must either be able to get a 2/3 override vote or edit the bill to please the president

  • Other Duties and Powers

  • Can pardon people convicted of federal offenses

  • Cannot pardon someone who has been impeach and convicted

 

Executive Privilege

  • Not formerly in the Constitution or a statute

    • All presidents claim it

  • Executive Privilege: the right of a president to keep executive branch conversations confidential from the other branches

    • Note really clear what is included or not

  • United States v. Nixon (1974): SCOUTS ruled that executive privilege does exist, but it is not absolute

  • It is a debate-transparency/trust vs. free discussion within the branch and national security

 

Executive Office of the President

  • EOP: policy-related offices that serve as support staff of the president

    • They help the president achieve their policy goals and get reelected

  • Chief of Staff: who manages all aspects of White House operations

    • Agent of the president

    • Most are presidential appointees who serve until the president leaves office

      • Loyalty may be prized over competence

    • Some EOP jobs are permanent (analysts, experts, etc.)

  • Vice President: president of the Senate

    • Becomes president if the current on dies, incapacitated, resigns, or is impeached

    • The 25th Amendment provides for succession(clarifies that the VP becomes the president and disability)

    • They have a lot of influence at least in modern times

  • First Spouse: function as one of the presidents most important advisors

    • They also represent the US at international events

    • Usually, they choose a noncontroversial policy area to focus on (they are not an elected official)

  • The President's Cabinet: group of 15 executive department heads in the federal gov along with those given cabinet rank by the president

    • They implemented the president's agenda in their respective departments

    • Chosen for a combo of loyalty and experience

 

Presidential Power Today

  • Many limits on presidential power are not well defined and therefore have room for expansion

  • In addition to official powers in the Constitution, the president can offer smaller incentives to influence legislators

    • Ex: visits to the Oval Office or campaign assistance

  • The office has clout

  • Presidential power can be expanded thanks to the ambiguity of the Constitution in places

 

Unilateral Action

  • Unilateral Action: a president changing policy on their own w/o consulting Congress or anyone else

    • Congress can undo this with legislation or impeachment, but the time and costs of doing so means that presidents can take unilateral action w/o much real fear

  • Unitary Executive Authority: argument that the vesting clause gives the president authority to issue orders and policy directives that Congress cannot undo

    • Ex this was used to argue against defunding the Iraq War

  • Control over the Interpretation and Implementation of Laws

  • Signing Statement: to influence the interpretation of the law

    • It explains the president's interpretation of the new law

    • This can happen when the president disagrees with the interpretation of Congress, but still wants to sign it

      • Can also influence how it is implemented

    • Often, loopholes can be found

      • Ex: what does 'timely notification' mean? To Reagan, it meant several months

  • Congress Response to Unilateral Action

  • Congress can enact legislation to revers unilateral action

    • This doesn't always happen easily though

  • Some would even argue that Congress cannot challenge a president

  • S authority b/c the Constitution does not give them this power

  • They would say the only option it to take the president to Court

    • Not very efficient

  • Last method is impeachment

    • Difficult b/c some members might like the president for other reasons, fear political repercussions, or not want the VP to become president

 

President as a Politician

  • The president requires support from others to achieve goals

  • It is a political office, needing support from bureaucrats and fellow politicians

  • Presidential Approval Rating: % of the public who th8ink the president is doing a good job

    • No recent president has been re-elected with less than 50 % approval

 

President as a Party Leader

  • President is the unofficial head of their party

  • They need their members of Congress to enact legislation to meet their goals and their party in Congress needs them to be successful to promote the party as a whole

    • They strategize and campaign together

  • This only works if the president is popular

    • If ratings get too low, this may start to fall apart

 

Going Public

  • The president can easily communicate with the public

  • Going Public: directly appealing to citizens about issues that the president wants Congress to act on

    • Can be very effective

  • Bully*great* Pulpit: the president's ability to speak to Americans in support of policies they want

    • Does not always work

    • May rally supporters, but cause animosity in others

    • May deepen divides rather than make for compromise