The Presidency

The Presidency

Creation of the Office

  • Powers of the office are outlined in Article II of the Constitution.
  • The Founders worried about creating a tyrannical government.
  • There was debate at the Constitutional Convention in 1787 about whether to create a strong or weak executive.
  • Part of the compromise was to create a relatively strong executive with extensive checks on this power.
  • Congress has the power to impeach and remove a president from office (high hurdle to pass).
  • The formal powers of the presidency are inherently weak.
  • The real power of the presidency may be through persuasion.
  • The powers of the office have changed over time and for the most part have expanded.

Formal Powers of the Presidency and Their Limits

Legislative Powers
  • Recommend legislation.
  • Convene both houses for emergencies or adjourn it if the House and Senate can’t agree on adjournment.
  • Report to Congress on the state of the union.
  • Action on legislation.
    • Sign it.
    • Veto it.
    • Let it become law without doing anything for 10 days.
    • Under special circumstances, the pocket veto can be used when Congress adjourns within 10 days of sending the bill to the President; if a president does not sign it, the bill dies.
  • The line item veto was created and tested several years ago but quickly declared unconstitutional by the Supreme Court in 1998.
    • Line item veto: power to veto particular portions of the bill.
Administrative Powers
  • “Take care that the laws be faithfully executed.” One of the president’s most important powers is in the implementation of public policies.
  • Appointment power (some have to be okayed by majority of the Senate).
    • The 14 cabinet secretaries and 1 attorney general; Executive Office of the President; White House Office.
  • Executive orders: rules or regulations issued by an executive official to an administrative agency or executive department.
National Security Powers (Diplomatic, Military, and Foreign Affairs Powers)
  • Commander in chief of the armed forces.
  • Grants diplomatic recognition to other nations, receives and appoints ambassadors.
  • Power to negotiate treaties (with 2/3 Senate approval); peace accords; and executive agreements.
  • Executive agreements are made by the president on behalf of the U.S. with the head of government from another country.
  • War Powers Resolution (1973): requires presidents to consult with Congress on military matters and mandates withdrawal of troops after 60 days unless Congress gives further authorization.
Judicial Powers
  • Nominates all federal judges with approval of a majority of the Senate.
  • Grants pardons and reprieves for federal offenses.

Offices Assisting the President

  • The Presidency is not just one person, it is a huge bureaucracy.
    • 15 Cabinet departments.
    • The Executive Office of the President (established in 1939 by FDR).
      • National Security Council
      • Council of Economic Advisors
      • Office of Management and Budget (OMB): prepares the president’s budget; reviews enrolled bills to make certain that they are in line with the president’s priorities (especially budgetary priorities); and reviews regulations proposed by departments and agencies.
    • The White House Office: Composed of about 600 people who are mostly political appointees.
    • Vice President
    • First Lady

Factors Influencing Presidential Leadership in Congress

  • There are many factors that condition presidential ability to persuade congress
  • Partisan support in Congress
    • Note the phenomena of “presidential coattails” and “mid-term losses”
  • Public support (level of approval in polls and electoral mandates). Presidents try very hard to shape public opinion and sometimes take their case to the American people (“going public”).
    • What is a “rally event?”
  • Legislative skills: bargaining, taking advantage of the “honeymoon,” and setting priorities.
  • Normative considerations: Do presidents have too much power, or too little power? Are modern president imperial or imperiled?

Presidential Approval Trends

  • Presidential approval trends over time, showing approval ratings for presidents Kennedy through Obama.
  • Average approval ratings (%):
    • Kennedy: 65%65\%
    • Nixon: not provided
    • Eisenhower: not provided
    • Johnson: not provided
    • Ford: not provided
    • Carter: not provided
    • G. Bush: 56%56\%
    • Clinton: 55%55\%
    • Reagan: 61%61\%
    • G.W. Bush: 49%49\%
    • Obama: 48%48\%