Unit 2: Module 2 (Executive Branch)
Part 1: Qualifications and the Electoral College
Qualifications:
Age = 35
Residency = lived in the U.S for 14 years
Citizenship = “Natural-Born Citizens”
Aka “Foregein Born Clause”
The Framers Intent
Not Worried about immigrants…
Feared outside noblemen from Europe
Topic for Political Debate today…
Does it align with the idea of a nation built on immigrants?
The Electoral College
The total # of Electors is 538
-435 Reps + 100 senators
The 23rd Amendment gives 3 Electoral Votes to DC
State’s electoral votes are = to the # of Senators + Representatives
Ex. CT = 7(5 reps + 2 senators)
270 to win… The House Breaks Electoral Deadlock
Framers Intent
Did not trust the public to elect the president directly
States would vote for their favorite sons
The House decides on elections
Beliefs of the Framers were flawed…
Role of Parties
Part 2
Changes to the office
Election of the President
12th Amendment = created separate ballots for the Presidential and Vice Presidential candidates.
23rd Amendment = increased the electoral votes in the Electoral College to 538 by giving Washington D.C 3 electoral votes.
The Lame Duck Period = Time in office of the outgoing president
When a new president has been elected but before the exit of the old one
Usually reserved for unpopular presidents
20th Amendment (1933) = Moved inauguration from March 5th to Jan. 20th
25th Amendment (1967)
Provides for the VP to assume presidential duties
The president can also pass temporary authority over to the VP
Provides for the creation of a group of executive officers to declare the president fit for duty
Succession = Who takes over —how, why, when— when there is a presidential vacancy
1947 Presidential Succession Act = assigns a succession order to 18 positions beyond the president
Duration = A presidential term is 4 years
22nd Amendment (1951)
Limits presidents to two terms or a total of 10 years in office.
The last part affects VPs filling a vacancy
EX. Lyndon Johnson, Gerald Ford
Part 3: Powers of the President
Formal vs. Informal
Formal Powers are those enumerated in Article 2 of the Constitution
Informal Powers are not written in the Constitution but rather construed from other powers given.
Sometimes called Implied Powers
Informal Powers are those that allow the President to carry out agenda
Domestic and Foreign Policy Initiatives
Chief Legislator
Signing a bill into Law
It is the job of the Executive Branch to carry out the law
President can add signing statements to a bill when signing it into law.
Veto Power
10 days to sign it into law or veto it — otherwise the bill goes into effect, becoming a law
Congressional Check: Congress can override a presidential veto by a 2/3 majority of both houses.
Pocket Veto
Done in the last 10 days of a Congressional session… only a president can call them back into session
The Bill dies and must start the whole process of becoming a law in Congress over again
The Line Item Veto
The president plays a role in the nation’s budget process.
Allowed presidents to eliminate a line of spending in the final budget appropriations bill from Congress
Vetoing parts but not all…
Declared unconstitutional in 1997 with Clinton vs. New York City
Chief Administrator
Signing Statements
The president cannot change the wording of a bill
Used upon signing a bill… explains the President’s interpretation of the bill and how they understand to carry it out…
Executive Order
It carries the same effect as law and allows the President to go around Congress
Cannot address matters that are exclusive to Congress (tax codes, currency, etc)
Judicial Check — Can be struck down by SCOTUS
Youngstown Steel And Tube Co. vs Sawyer (1952)
Executive Privilege
The right to withhold information from another branch, usually Congress
The concept of Separation of Powers doesn’t force a President to reveal their decision-making process
Judicial Check — can be struck down by SCOTUS
US vs. Nixon (1974)
Appointment Power
Judges, Scotus Justices, Ambassadors, Cabinet Secretaries, and certain Agency heads
Certain bureaucratic agency heads do not need Senate approval
Except for Judicial appointments, can fire at will
Congressional Check -- Advice/Consent of ⅔ of the Senate
Granting Pardons
Can grant them for any offense except impeachment
Convening Congress
Only the president can call Congress back into session
State of the Union
Required to give to Congress...has become much more
Commander-In-Chief
Oversees all branches of the Military
Responsible for the direction and disposition of the military
Day to Day operations goes largely to the Department of Defense
Congressional Check -- War declaration made by Congress w/ ⅔ approval by both houses.
The president has the power to act quickly in military operations
This is especially true with operations for defense / national security purposes
Limitations do exist...ex. 1973 War Powers Act
Chief Diplomat
President represents the US
Receive ambassadors from other countries
Make treaties and executive agreements with other countries
Modern-day --- done mostly by the Secretary of State
Treaties can be used for...
Facilitate trade = NAFTA
provide mutual defense = NATO
set global environmental policies = Kyoto Accords
Congressional Check -- Must have ⅔ of Senate Approval
Treaty of Versailles
Executive Agreements = simple contracts between heads of state
Ex. Atlantic Charter (1941)
Only as binding as each side is willing to keep the promise
allows for speed, secrecy & avoidance of Congress
DOES NOT need ⅔ approval from the Senate
The President’s Team
Vice President
Constitutional Powers
President of the Senate
Presides/Admins the swearing-in of new Senators
votes on legislation when a tie-breaker is needed
Takes over for the President when necessary
25th Amendment
Political Importance
Role in the Government
As visible as the President wants them to be
Balancing the ticket
Picking a running mate that compliments the President or can help them politically
Ex. JFK/LBJ or McCain/Palin, Clinton/Kane or Trump/Pence or Biden/Harris
The Cabinet
Traditional body of the executive branch
“Principal officers of the executive departments”
Serves as an advisory board with little influence over presidential decisions
Have as much influence on the president as the president deems necessary.
15 departments
First 3 - treasury, state, war
14 departments are headed by Secretaries
Secretaries that are appointed/ confirmed
Dept. of Justice — Attorney General
Grown based on national need…
Can include other Executive Office heads beyond the Dept. heads and VP
Both Pres. Trump and Biden included their chief of staff and 9 other agency heads.
Overview of the President's Immediate Staff
The president's immediate staff is divided into various policy offices functioning both inside and outside the White House.
The staff plays a crucial role in executing and implementing the president's policy agendas effectively.
Senate confirmation requirements vary for different offices within the staff.
Executive Office of the President (EOP)
Key Duties
Carries out most constitutional duties for the president.
Coordinates several agencies to execute the president's agenda.
Provides support staff to the federal bureaucracy to facilitate the implementation of laws and policies.
Major Components
Office of Management and Budget (OMB): Responsible for drafting the federal budget for congressional approval.
National Economic Council: Advises on economic policy and assesses the state of the economy.
National Security Council: Advises on foreign policy and diplomatic issues, providing strategic responses to international affairs.
Senate Confirmation
Agency heads in the EOP are required to receive Senate confirmation, ensuring a level of oversight.
White House Staff
Responsibilities and Structure
Operates primarily in the West Wing of the White House, forming the front line of daily interactions with the president.
Staff includes:
Chief of Staff: Serves as the gatekeeper, managing access to the president and filtering ideas/policies.
Chief Counsel: Provides legal advice on the legality of proposed initiatives.
Press Secretary: Manages communications with the press and serves as the spokesperson for the president.
National Security Adviser: Provides daily briefings on national and international security issues.
Influence and Accountability
White House staff do not require Senate confirmation and can be dismissed at will.
These staff members often have close ties to the president, which allows for direct communication without bureaucratic barriers.
Role of the First Lady
Traditional and Evolving Responsibilities
Traditionally serves as the hostess for domestic functions in the White House.
Has increasingly taken on initiatives important to them, influencing public perception and policy.
Michelle Obama: Focused on health and nutrition, addressing the obesity crisis.
Laura Bush: Advocated for literacy and educational initiatives, such as No Child Left Behind.
Models of White House Organization
Circular Model
Features direct access for staff to the president, encouraging open communication and collaboration.
Criticized for overwhelming the president with information due to lack of filtering.
Example: Barack Obama's administration utilized this model.
Pyramid Model
Establishes a hierarchy where staff members report through layers, filtering information to the president.
More efficient use of the president's time, but requires a trustworthy chief of staff and advisors.
Criticism arises from limited direct contact between the president and lower-level staff, potentially leading to disconnection from on-the-ground realities.
Presidential Power and Policy Initiatives
The president leverages their power to enact policy initiatives and agendas through various channels.
Expectations of the President
Increased Expectations: The expectations of presidents have grown significantly over time to address various crises:
Economic issues: Such as inflation and unemployment, which require the president to implement effective economic policies.
Civil rights issues: Particularly during times of national conflict, such as the Civil Rights Movement, where presidents needed to take decisive actions.
Foreign affairs: The transition from isolationism to interventionism post-World War II has expanded the president’s role in foreign policy.
Greater public expectations: For federal services which have heightened since the Great Depression, necessitating a more proactive government.
The President’s Use of Communication
The president employs communication to further their agenda and influence policy decisions.
Audiences of the President
The president can target three main audiences to achieve objectives:
Fellow Politicians and Leaders in Washington, D.C.: Including senators, House members, and party leaders, who need to be convinced to support legislation.
Party Activists and Office Holders Outside of Washington: This includes leaders of the party and local officials, such as governors, who can mobilize grassroots support.
The Public: Engaging directly with the public can exert pressure on politicians and stakeholders, often referred to as "going public."
Example: Woodrow Wilson’s cross-country tour post-Paris Peace Conference in 1919 helped rally public support for the Treaty of Versailles.
Presidential Popularity and Public Opinion
Public opinion affects the president's capacity to implement policy agendas and is commonly measured through approval ratings.
Honeymoon Phase: The initial 6-9 months following an election when approval ratings are traditionally at their highest.
Factors Increasing Popularity:
Positive economic conditions.
Successful handling of foreign crises.
Effective use of media, including social media campaigns.
Re-election efforts that may temporarily boost visibility and support.
Factors Decreasing Popularity:
Economic downturns.
Prolonged foreign crises with unfavorable outcomes.
Political scandals, which can significantly damage public trust, as seen during Ulysses S. Grant's presidency.
Presidential Efficacy
Efficacy refers to the effectiveness with which a president uses their power to achieve goals:
Demonstrated through strong leadership abilities, such as James K. Polk's expansion of U.S. territory.
The use of the "bully pulpit": A term coined for presidents who can leverage their visibility and influence to shape public opinion and rally support, exemplified by Teddy Roosevelt.
Popular presidents usually have better outcomes in implementing policies because of the political capital derived from public trust and goodwill.
Communication Strategies
The president's unique ability to command media attention facilitates direct communication with the public, using both traditional and social media platforms.
A dedicated communications staff, usually led by a press secretary, is essential for crafting effective public messaging and managing media relations.
Challenges to Presidential Initiatives
Lame Duck Period: Outgoing presidents often face decreasing support as Congress shifts focus to future elections, frequently leading to gridlock on initiatives.
Economic Constraints: Budget allocations can limit a president’s ability to fund new initiatives. Mandatory spending, such as Social Security and Medicare, consumes a significant portion of the budget, affecting new projects and re-election campaigning.
Greater party polarization in Congress complicates the passage of initiatives, making it harder for presidents to fulfill campaign promises.
Presidential Policy Through History
Overview of Presidential Policy
Examines how presidential policies evolve during crises, considering both foreign and domestic perspectives.
Understanding historical events is crucial for analyzing contemporary scenarios and answering quantitative questions.
Lincoln's Expansion of Presidential Powers in the Civil War
Key Figure: Abraham Lincoln played a vital role during the Civil War, particularly focused on the security of Washington, D.C. to prevent it from being surrounded by Confederate forces.
Commander in Chief Powers: Utilized his Constitutional authority under Article 2 to assert control and manage military strategy effectively.
Martial Law: Declared martial law in border states to maintain order and security, enabling direct federal control.
Suspension of Writ of Habeas Corpus: This suspension allowed for the indefinite detention of individuals deemed threats to the Union, highlighting the tension between civil liberties and national security during wartime.
FDR's Wartime Policies and Domestic Challenges
Expansion of Presidential Power: Franklin D. Roosevelt is often cited as a precedent for expanding presidential powers under crisis conditions.
Executive Order 9066: This order led to the internment of Japanese Americans, justified on the grounds of national security and bypassing Congressional approval, igniting significant controversy.
Korematsu v. United States (1944): The Supreme Court upheld the internment as justified during wartime, illustrating judicial complicity in the sacrifice of civil rights for perceived security needs.
New Deal Initiatives: FDR's New Deal was a direct response to the Great Depression, focusing on economic recovery and reform through Cooperative Federalism, which reshaped the relationship between federal and state governments.
Key Programs: Introduced social safety nets like Social Security and various job initiatives along with banking reforms.
Checks on Power: Some limitations on presidential power were evident, as seen in the Supreme Court's ruling in Schechter Poultry Corp. v. U.S., illustrating the importance of judicial review.
Historical Foundations of U.S. Foreign Policy
Monroe Doctrine: Dubbed the cornerstone of U.S. foreign policy for generations, it prohibited European colonial expansion in the Western Hemisphere.
Isolationism: The U.S. practiced isolationism in the 19th century, with Woodrow Wilson initially avoiding global engagements until direct threats emerged (e.g., Zimmerman Note), but returned to isolation after WWI.
Cold War Policies and Containment Strategy
Interventionist Shift: After WWII, U.S. foreign policy shifted towards interventionism.
Truman's Containment Doctrine (1946-1991): Aimed at containing the spread of communism, leading to indirect military engagements in Korea and Vietnam, involving the U.S. in proxy wars.
Alliances and Economic Aid: Formation of alliances like NATO and providing economic assistance to nations at risk of falling to communism became prevalent strategies.
Lyndon Johnson and the Great Society
Great Society Initiative: A major domestic policy initiative aimed at eradicating poverty and combating racial injustice through creative and regulated federalism.
Key Components: Initiated programs like Medicare for the elderly and Medicaid for low-income individuals, and educational support through initiatives like Head Start, enhancing access to quality preschool education.
Civil Rights: Major legislative accomplishments included the Voting Rights Act of 1965, reinforcing the federal commitment to civil rights.
Funding Challenges: The Vietnam War created significant obstacles in funding the programs of the Great Society, leading to compromises in policy implementation.
Conclusion
Presidents must balance managing foreign and domestic policy, with responsiveness shifting based on crises.
Historical precedents reveal the delicate balance between expanding presidential powers, government intervention, and the protection of civil liberties, key for understanding constitutional principles in contemporary policy discussions.