Exhaustive University Study Guide: The American Presidency, Executive Power, and Legislative Staff
Defining the Presidency: Position vs. Person
Distinction Between Office and Occupant: There is a fundamental difference between the position of the presidency and the person holding it. While the position remains the same under the Constitution, the public association with the office stems largely from the individual in power.
Variations in Interpretation: Presidents such as Donald Trump, Joe Biden, Barack Obama, and George W. Bush each represent a different version of the presidency because they interpret the job differently, despite working within the same constitutional framework.
Strong vs. Weak Presidents: Scholars categorize presidents based on their interpretation of executive power. - Weak Presidents: Generally associated with the nineteenth century. These presidents saw themselves as chief administrators whose primary task was merely to execute laws as directed by Congress. - Strong Presidents: These individuals seize the initiative and act independently of Congressional direction. They use the office effectively and leverage the ceremony of the office for political gain.
The Dual Nature of the Executive: Head of Government vs. Head of State
Head of Government (Political Role): This involves making policy, engaging in partisan politics, and taking responsibility for the country's governance.
Head of State (Symbolic Role): This involves acting as a symbolic representative of the entire country. Examples include welcoming Olympic champions to the White House or conducting symbolic ceremonies.
The Role of the First Lady: The spouse of the president typically operates within the "Head of State" sphere. She is generally not involved in direct politics but participates in symbolic events, such as the White House Easter egg hunt or championing specific non-partisan causes. These activities generate personal support for the president and his agenda.
Modern Examples of Symbolism: The lecturer noted a recent event where President Trump ordered DoorDash to the White House as a symbolic statement of his "hunger," illustrating how modern presidents use unconventional means to communicate messages to the public.
The Expansion of Presidential Power
Historical Shift: While the nineteenth century was characterized by weak presidents, the twentieth and twenty-first centuries have seen a significant expansion of executive power.
Administrative Rule-Making: Due to the volume of laws to be administered, presidents must create rules for how laws are interpreted.
Executive Orders: These are directives issued to the executive branch. - Properties: They are not technically laws produced by Congress, but they carry the force of law within the executive branch. - Scope: A president can use an executive order to direct the Department of Justice on how to handle specific crimes (e.g., cannabis prosecutions) or to mandate policies for entities receiving federal funding (e.g., DEI programs).
Signing Statements: These are comments made by the president when signing a bill into law, often used to express how the executive branch intends to interpret or implement the legislation.
"Going Public": A modern strategy where presidents appeal directly to the masses for support rather than negotiating solely with Congress. President Trump was highlighted as being particularly effective at this through the use of large rallies and stadiums to create an image of overwhelming popularity.
Checks and Balances: Limits on Presidential Power
Foreign Actors: Presidents are limited by the actions and responses of foreign governments. The lecturer noted that President Trump encountered resistance when dealing with Iran and Arab states.
Term Limits: Under the 22nd Amendment (added after Franklin D. Roosevelt's presidency), a president is limited to two terms in office. - Historical Context (FDR): FDR was elected four times and served three full terms, dying shortly into his fourth. This led to the constitutional restriction, as prior to FDR, the two-term limit was merely a tradition established by George Washington.
Separation of Powers: - Legislative Checks: Congress can pass resolutions or laws to block executive actions. For example, they could legally require the withdrawal of troops from a conflict. - Judicial Review: Courts have the power to declare presidential actions unconstitutional. President Trump's actions were several times halted by court rulings, requiring him to find alternative methods for his goals.
Federalism: The division of power between state and federal governments acts as a constraint on the central executive.
The War Powers Resolution and Military Force
War Powers Act of 1973: Passed to limit the president's ability to use military force after the prolonged Vietnam War and President Nixon's expansion of that conflict.
Congressional Authorization: Under Article I, Section 8, Congress has the power to declare war.
The 60/90 Day Rule: The President can use military force for 60 days without Congressional approval, plus an additional 30-day withdrawal period. Beyond 90 days, the President must receive formal approval or an extension from Congress.
Authorization for Use of Military Force (AUMF): Following the September 11 attacks, Congress issued an AUMF rather than a formal declaration of war. This authorization has remained in effect, allowing Presidents Bush, Obama, Trump, and Biden to use military force without a sunset clause.
Impeachment and Removal from Office
Constitutional Basis: Impeachment is reserved for "treason, bribery, or other high crimes and misdemeanors."
Ambiguity of Terms: "High crimes and misdemeanors" is not defined in the Constitution, meaning it is effectively whatever the House of Representatives deems it to be.
Process: - House of Representatives: Acts as a grand jury; if they vote "yes" on articles of impeachment by a simple majority, the president is impeached. - Senate: Holds the trial. A two-thirds majority is required to remove the president from office.
Historical Precedents: - Bill Clinton: Impeached not for an affair, but for lying under oath during a deposition. - Richard Nixon: Resigned before he could be impeached. His Vice President, Spiro Agnew, had already resigned due to a bribe involving approximately while he was Governor of Maryland. - Donald Trump (First Impeachment): Related to a phone call with Ukrainian President Volodymyr Zelenskyy, where Trump allegedly conditioned the delivery of weapons—which Congress had authorized—on an investigation into Joe Biden. - Donald Trump (Second Impeachment): Occurred on 01/13/2021 regarding the events of January 6. The Senate trial took place after he left office.
Modern Presidential History and Succession
Nixon to Ford: After Nixon resigned, Gerald Ford became president. Ford is unique as the only person to serve as both VP and President without being elected to either office (he was appointed VP after Agnew's resignation).
Ford to Carter: Ford lost one of the closest elections in history to Jimmy Carter.
Carter to Reagan: Jimmy Carter, a political outsider and former Governor of Georgia, lost to Ronald Reagan.
Reagan to H.W. Bush: Reagan served two terms, followed by his VP, George H.W. Bush ("George the First").
H.W. Bush to Clinton: Clinton served two terms and remained popular despite his impeachment.
Clinton to W. Bush: George W. Bush served two terms.
W. Bush to Obama: Barack Obama, the first African American president, served two terms.
Obama to Trump: Donald Trump served one term.
Trump to Biden: Joe Biden won the 2020 election.
The 2020 Election Debate
The Lecturer's Stance: The lecturer argues the election was not "stolen" through cheating but rather won through strategic rule changes implemented before the election. These included: - Increased mail-in voting. - Extended voting hours. - Ballot "curing" processes where voters could fix errors on their ballots.
Current Trends: Recently, Republicans have attempted to roll back many of these changes at the state level.
Framework for Judging Presidential Performance
Category 1: Job Effectiveness and Competence. - How well do they manage the bureaucracy? - Are they successfully executing laws and getting things done? - Evaluative Note: The lecturer ranks Trump as highly effective in his current activities, Biden as somewhat competent, and historical figures like FDR and Reagan as very competent.
Category 2: Relations with Other Entities. - Relationship with Congress: Trump is noted for excellent relations with Republican-led Congresses but poor relations with Democrats, making him a polarizing figure. - Fulfilling Campaign Promises: Determining if the president did what they said they would do (e.g., Trump's tariffs or the border wall/fencing construction).
Category 3: Comportment and Representation. - Does the president represent the image of the United States well? Do they act with the dignity expected of the office?
The "Permanent" Legislative Government
Congressional Staff: People who work directly in a representative's office to assist constituents with federal government issues.
Permanent Committee Staff: Staff belonging specifically to legislative committees to manage their ongoing work.
Nonpartisan Support Agencies: - Government Accountability Office (GAO): Investigates the effectiveness of laws. They conduct deep research (often taking 6 months to a year) to see if policies are achieving desired results. They employ highly specialized individuals, including those with PhDs. - Congressional Budget Office (CBO): Provides nonpartisan fiscal data. They are often unpopular with both parties because they provide honest facts that may contradict political agendas. They estimate the costs of proposed policies like raising the minimum wage or changing tax rates.
Questions & Discussion
Q: Did Congress declare war on terror after 09/11? - A: Congress never formally declared war. Instead, they issued an Authorization for Use of Military Force (AUMF), which allowed President Bush (and subsequent presidents) to use military force without the time limits of a formal declaration.
Q: What would have happened if World War II hadn't occurred? Would FDR have been elected a fourth time? - A: The lecturer noted that hypotheticals are difficult to answer definitively, but mentioned that the war played a major role in FDR's decision to run and the public's decision to re-elect him. He transitioned from "Dr. New Deal" to "Dr. Win the War."
Q: Why did people dislike Jimmy Carter? - A: Carter was a political outsider and not part of the established Washington "insider" group. Though a Democrat, he struggled with popularity and was eventually defeated by Reagan, another outsider.