American Institutions: The Presidency

American Institutions: The Presidency

The Constitution: The Executive Branch

  • The Constitution provides for the establishment of a presidency in Article II.

    • Executive branch powers granted to the president include:

    • Negotiate treaties (with approval of the Senate).

    • Receive ambassadors from other countries.

    • Grant reprieves and pardons.

    • Appoint major departmental personnel.

    • Veto congressional enactments.

    • Enforce the laws of the United States.

Establishing the Presidency

  • The presidency was established by Article II of the Constitution.

    • Key Quote from Article II: "The executive power shall be vested in a President of the United States of America."

    • The president’s oath of office empowers the chief executive to "preserve, protect and defend the Constitution."

    • Presidents have three types of power:

    • Expressed Powers: Specifically granted by the Constitution.

    • Implied Powers: Powers necessary to exercise expressed powers.

    • Delegated Powers: Powers assigned to one agency but exercised by another with permission.

Presidential Power

  • Crash Course Presidential Power Videos:

    • Video #1

    • Video #2

Constitutional Powers of the Presidency: Expressed Powers

  • Powers and duties of the president fall within outlined categories:

    • Military:

    • The president is the commander in chief.

    • Can deploy troops domestically during emergencies.

    • Judicial:

    • Authority to grant pardons, reprieves, and amnesty.

    • Diplomatic:

    • Makes treaties (subject to Senate approval).

    • Executive Agreements: Contracts between nations similar to treaties, do not require Senate approval.

    • Executive:

    • Ensures all laws are faithfully executed; appointments for ambassadors, ministers, and federal judges require Senate approval.

    • Legislative:

    • Must address Congress on the state of the union; holds veto power over Congressional acts.

    • Executive Order: A rule or regulation that operates with the effect of law, issued by the president.

Constitutional Powers of the Presidency: Implied and Delegated Powers

  • Implied Powers:

    • Necessary to allow the exercise of expressed powers.

  • Delegated Powers:

    • Defined as powers assigned to one agency but exercised by another with consent.

    • Congress delegates authority to the president to formulate execution methods and to agencies to achieve goals.

Constitutional Powers of the Presidency: Inherent Powers

  • Inherent powers claimed by presidents, not explicitly stated in the Constitution:

    • Emerge from the rights, duties, and obligations of the presidency.

    • Often asserted during wartime and national emergencies.

    • Congressional Context: While Congress holds war declaration power, presidents may send troops without Congress's approval.

    • Presidents often overlook the War Powers Resolution (1973), which mandates withdrawal of forces in 60 days without congressional authorization.

Institutional Resources of Presidential Power: The Cabinet

  • Key Features of the Cabinet:

    • Composed of secretaries and chief administrators from major federal departments.

    • Lacks constitutional status; it meets but does not collectively make decisions.

    • Senate approval is required for each appointment.

    • Typically, members have not worked together before, leading to inefficacy.

Institutional Resources of Presidential Power: The White House Staff

  • Composition and Role of the White House Staff:

    • Mainly analysts and political advisers.

    • Inform the president on policies and political implications.

    • Appointed solely by the president and not subject to Senate approval.

The Presidency as an Institution

  • Diagram of Institutional Presidency:

    • The White House Staff:

    • Includes Chief of Staff, Press Secretary, Senior Advisers, Special Assistants.

    • Cabinet:

    • Various departments: Agriculture, Commerce, Defense, Education,
      Energy, Health and Human Services, Homeland Security, Housing and Urban Development,
      Interior, Justice, Labor, State, Transportation, Treasury, Veterans Affairs.

    • Executive Office of the President (EOP):

    • Permanent agencies handling specific management tasks, including the Office of Management and Budget (OMB) and Council of Economic Advisers (CEA).

Presidential Elections

  • Requirements for Presidency:

    • Minimum age of 35 years, Must be a natural born citizen, Must have resided in the US for a minimum of 14 years.

  • Election Process:

    • Indirect election via electoral college; number of electors corresponds to total members of Congress of each state.

    • The 23rd Amendment accords Washington D.C. electoral votes.

    • Most states operate on a winner-takes-all basis (exceptions: Nebraska and Maine).

    • Requires a plurality to win a state and a majority (270 votes) of electoral college votes for the presidency.

Institutional Resources of Presidential Power: The Vice Presidency

  • Vice presidency established by the 12th Amendment:

    • Elected alongside the president.

    • Functions to:

    • Succeed the president in cases of death, resignation, or incapacity.

    • Preside over the Senate.

    • Succession Line as per the 25th Amendment:

    • Vice President → Speaker of the House → President Pro Tempore → Cabinet Secretaries.

    • Vice President's value largely electoral; often chosen for regional and ideological balance.

Institutional Resources of Presidential Power: The First Spouse

  • Role of the First Spouse:

    • Ceremonial duties such as greeting dignitaries and attending national ceremonies.

    • Occasionally engages in significant policy issues, e.g., Hillary Clinton's leadership in health care reform.

Presidential Power: Going Public

  • Historical Perspective:

    • Previous expectations deemed presidents as unifiers avoiding public statements on policies.

    • FDR broke norms by forming a direct link with the public through public speaking, notably via “fireside chats.”

    • Became an innovator in press relations.

Presidential Power: Going Public Online

  • Innovative Use of Digital Platforms:

    • Obama was the first to leverage the internet effectively.

    • The White House website disseminates the president’s policy agenda.

    • During the 2016 campaign, both Hillary Clinton and Donald Trump utilized Twitter to directly reach citizens, bypassing traditional media.

    • Current Ethical Context: Elon Musk's acquisition of Twitter raised concerns regarding government and social media interactions, including fact-checking by the platform.

Presidential Power: Limits to Going Public

  • Drawbacks of Popular Appeal:

    • Popular support can influence but is not a stable foundation for presidential authority.

    • Public opinion can fluctuate significantly.

    • Approval ratings often decline over a president's term.

    • Expectation vs. Reality: Presidential performance rarely aligns with public expectations.

Administrative Strategy: Governing by Decree

  • Unilateral Actions by Presidents:

    • Conducted through directives like executive orders.

    • An executive order is a directive to bureaucracy bypassing Congress, requiring a stated constitutional or statutory basis.

    • Other forms of decrees include administrative orders, national security directives,
      memoranda, proclamations, and findings.

Presidential Executive Orders

  • Statistics on Executive Orders:

    • Presidents and their Executive Orders:

    • Obama: 33

    • Trump: 77

    • George W. Bush: 36

    • Clinton: 46

    • George H. W. Bush: 42

    • Reagan: 48

    • Ford: 48

    • Nixon: 31

    • Carter: 80

    • Johnson: 46

    • Kennedy: 71

    • Eisenhower: 61

    • Truman: 60

    • McKinley: 46

    • Cleveland: 35

    • Harrison: 36

    • Arthur: 27

    • Garfield: 12

    • Hayes: 23

    • Grant: 27

    • Johnson: 20

    • Lincoln: 12

    • Buchanan: 4

    • Pierce: 9

    • Fillmore: 6

    • Taylor: 3

    • Polk: 5

    • Tyler: 4

    • Harrison: 0

    • Van Buren: 3

    • Jackson: 2

    • J. Q. Adams: 0.75

    • Monroe: 0.125

    • Madison: 0.125

    • Jefferson: 0.5

    • J. Adams: 0.25

    • F. D. Roosevelt: 282

    • Hoover: 242

    • Coolidge: 219

    • Harding: 209

    • Wilson: 225

    • Taft: 181

    • T. Roosevelt: 135

    • Washington: 1

    • Notes: The count does not include memoranda or other forms of executive action.

    • Statistics valid as of October 2018.

    • Source: Gerhard Peters, www.presidency.ucsb.edu/data/orders.php.

Presidential Power: Limits

  • Concerns of Executive Overreach:

    • The framers of the Constitution feared that expansive executive power could undermine liberty.

    • Implemented numerous checks and balances to regulate executive power, including:

    • Four-year term limit.

    • 22nd Amendment restricts the president to two terms in office.

    • Congressional Powers:

      • Authority to impeach and remove the president from office.

      • Power to reject presidential appointments.

      • Ability to deny funding for presidential programs.

      • Right to override presidential vetoes.