Presidential Elections and Powers
Historical Context of Elections and the Electoral College
The election of 1796:
John Adams wins the presidency.
Thomas Jefferson, by finishing second, becomes vice president.
This arrangement leads to a poor working relationship as they transition from being friends to political rivals.
The election of 1800:
A direct contest between Adams and Jefferson leads to Jefferson’s victory.
Post-1796 realization:
The election process reveals issues with the electoral college system, particularly the arrangement of electors.
Each elector originally casts two votes, which facilitates party nominations for presidential and vice presidential candidates.
The electoral complication:
Republican electors mistakenly nominate both Jefferson and Aaron Burr, resulting in a tie.
The House of Representatives resolves the tie after 36 votes, resulting in Jefferson's election.
This fiasco leads to the recognition that the vice president's election process needs reform.
Constitutional Amendments Impacting Elections
The Twelfth Amendment:
Established after 1800 to change how the vice president is elected.
Introduces a system where each elector casts one separate vote for president and one for vice president to prevent future ties.
The Twenty-Second Amendment:
Enacted to limit presidential terms.
Presidential Powers
Three Types of Presidential Powers:
Expressed Powers: Explicitly stated in the Constitution. Examples include:
Commander in Chief of the military.
Power to veto legislation.
Ability to nominate federal judges.
Granting pardons.
Implied Powers: Not explicitly mentioned but inferred from the Constitution.
Based on the Vesting Clause and Take Care Clause:
Vesting Clause: "The executive power shall be vested in the President."
Take Care Clause: "The President shall take care that the Laws be faithfully executed."
Central examples include:
Executive Privilege: The president's power to withhold information from other branches as necessary for national security or to maintain office confidentiality.
Originates from a need to ensure that the executive branch can operate without undue interference.
Executive Orders: Directives issued by the president that outline how laws should be enforced within the executive branch.
The legitimacy of executive orders, while not directly addressed in the Constitution, enables presidents to provide uniform directives to different federal agencies.
Controversy exists over their use to bypass legislative procedures.
Delegated Powers: Powers initially granted to Congress that Congress may delegate to the president. Examples include:
Emergency powers during national crises.
Issues around tariffs and trade regulations debated in current context (e.g., President Trump’s tariffs).
Discusses limits on Congress’s ability to delegate authority to the president.
Implied Powers of the President
Executive Privilege:
Defined as the ability of the president to refuse to divulge information when requested by Congress or the courts.
National security and safeguarding the presidency's independence are often cited as justifications.
Historical context dating back to Thomas Jefferson's presidency demonstrates its usage.
Executive Orders:
Rule issued by the president to manage operations of the federal government.
Controversial when seen as a way for presidents to enact policy shifts without Congressional approval.
Two notable examples discussed:
DACA under President Obama: Protects undocumented immigrants brought as children.
Travel Ban under President Trump: Restricts refugees from certain countries, raising questions about presidential authority over immigration policy.
The Role of Precedent in Shaping Federal Policy
Mechanisms through which presidents shape federal policy:
Veto Power: Presidents can reject legislation passed by Congress.
Informal Legislative Powers: Presidents influence Congress’s agenda and public opinion to promote their priorities.
Control over Bureaucracy: Directing federal agencies to enforce laws in specific ways, thus shaping federal policy.
Conflicts between the President and Congress
Divided Government: A distinct feature of the American political system; occurs when different parties control the presidency and Congress.
Foreign Policy Powers:
The Constitution confers more control over foreign policy to the president, leading to theories like the Two Presidencies Thesis, distinguishing between foreign and domestic policy powers.
The War Powers Resolution of 1973 attempts to limit presidential power to engage in military action without congressional approval.
Impeachment Process
Defined as the process by which federal officials can be removed from office.
Impeachment: A two-step process where the House of Representatives votes to impeach and the Senate conducts the trial.
Criteria for impeachment includes: treason, bribery, or other high crimes and misdemeanors.
Noteworthy is the relatively low threshold for impeachment in the House (simple majority) compared to the high threshold for conviction in the Senate (two-thirds majority).
Theories of Presidential Performance
James David Barber's Theory:
Suggests that presidential success is determined by character, categorized into four types based on activity level and outlook:
Active Positive: Confident and adaptable (e.g., Franklin Roosevelt).
Passive Positive: Well-meaning yet less active (e.g., William Howard Taft).
Passive Negative: Driven by duty, avoids power (e.g., George Washington).
Active Negative: Dominates power compulsively, often leads to conflicts and inefficiencies (e.g., Richard Nixon).
Stephen Skowronek's Theory:
Suggests political time affects presidential success, emphasizing that political history cycles through regimes created by presidents.
Stages of partisan regimes:
Reconstruction: Establishing a new coalition and vision.
Articulation: Successor presidents maintain the coalition and legacy.
Preemption: Opposition party presidents who co-opt some existing regime policies.
Disjunction: Periods leading to regime collapse, often seen as failures in presidential performance.