Summary of Key Aspects of the U.S. Presidency

THE PRESIDENCY

ARTICLE II Overview

  • Sections: 1. Vesting Clause 2. Powers 3. Duties 4. Relationship with Legislative Branch 5. General Provisions

Key Questions About the Presidency

  • Ambiguity in Constitutional regulation of presidential power.
  • Impact of crises on presidential power.
  • Significance of constitutional language on power exercise.
  • Effects of democratization on the presidency.
  • Role of Congress and courts in regulating power.
  • Implications for American constitutional government.

Types of Presidential Powers

Expressed Powers

  • Military: Control over armed forces;
  • Judicial: Granting reprieves, pardons;
  • Diplomatic: Recognizing countries, executive agreements vs. treaties;
  • Executive: Enforcing laws, executive privilege (US v. Nixon);
  • Legislative: State of the Union address, veto powers (Article I, Section 7).

Delegated Powers

  • Result from congressional statutes;
  • Involves transfer of authority to executive;
  • Consideration of Chevron deference in legislation.

Inherent Powers

  • Management of war powers;
  • War Powers Resolution (1973) set limits on military engagements;
  • Legislative initiatives and executive orders.

Historical Development of the Presidency

  • Legislative Epoch (1800-1933): Tight congressional controls, national conventions.
  • The New Deal Era (1934-present): Expansion under Wilson and FDR; shift in judicial focus from property to individual rights.

Presidential Resources

  • Cabinet: Heads of federal departments (e.g., Justice, Defense);
  • White House Staff: Advisors such as Chief of Staff and Press Secretary;
  • Executive Office: Various councils and special advisory roles;
  • Vice President: Supportive role, electoral implications.

Other Sources of Presidential Power

  • Political Party Influence: Can be unreliable;
  • Public Support: Generally volatile due to media fragmentation.

The Administrative State

  • Bureaucracy's role: Law implementation, regulation, dispute resolution;
  • Types of agencies: Cabinet departments, independent agencies, government corporations, regulatory commissions.

Development Challenges

  • Motivations: Resource allocation, bureaucratic drift;
  • Oversight through appointments and legislative controls;
  • Principal-agent dynamics affecting administration efficacy.