Chapter 12. 2 The Constitutional Basis of Presidential Power Delegates to Constitutional Convention wary of unchecked power However, delegates knew.

Chapter 12

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The Constitutional Basis of Presidential Power

Delegates to Constitutional Convention wary of unchecked power

However, delegates knew the U.S. would need an effective executive office

Balance needed between tyranny and national leadership

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Initial Conceptions of the Presidency

Debates about the nature of the office wide-ranging

Initial proposal: Single executive chosen by Congress Seven-year term; ineligible for re-

election

Final proposal incorporated concept of checks and balances with other branches of government

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The Powers of the President

Article II sets forth requirements: U.S.-born citizen At least 35 years of age Resident of U.S. for minimum of 14 years

Article II also sets forth duties of the presidency Actual requirements rather brief and vague

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The POWERS of the President

Serve as administrative head of the nation

Act as commander in chief of the military

Convene Congress Veto legislation Appoint various officials Make treaties Grant pardons

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The Expansion of Presidential Power

Founders envisioned a limited role for the president

Over time, presidents have used formal powers to expand influence

Presidential definitions of “inherent” powers have expanded reach of office

****Congress also has granted powers to the president

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Formal Powers Veto power

Use or threat of use has increased

Reports to Congress on the state of the union Used to set forth policy agenda

Commander in chief Sending troops into conflict without

declaration of war by Congress

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Inherent Powers Based on inferences from Constitution

Congress and the courts may not agree

Once established, used by subsequent presidents Use of executive orders now routine Boundaries debated since 9/11 Bush expanded powers under theory of

unitary executive

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Congressional Delegation of Power

In some cases, Congress makes decision to delegate powers to president

This delegation of powers gives the president more flexibility to address national problems

In other cases, Congress votes to reassert authority**********War Powers Resolution (1973)

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The Executive Branch Establishment

Presidency requires large staff to carry out duties

White House staff

Vice President and staff– Inner Circle

Cabinet Secretaries11

The Executive Office of the President

EOP Key aides provide advice and control

access to president****Chief of Staff- President’s right hand man! National Security Advisor Other specialized staff, such as the Office of

Management and Budget (OMB)

No “right way” to organize

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The Vice President Most important duty: to take over presidency if

needed (one heartbeat away!) 25th amendment allows choice of new VP

Traditionally not advisory Used for political chores Carter began trend of using as advisor

Also President of Senate

Chosen to BALANCE TICKET in some wayObama- less experience Biden- more experience

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Next in Line

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The Cabinet Heads of departments in executive

branch and other key officials First cabinet had four departments;

today are 15 Theoretically advisory body but does not

function as such Too large Secretaries have limited areas of expertise Not chosen for ability to work with

president*****White House staffs and advisory groups

provide most advice15

Presidential Leadership Presidential influence comes

from

Assigned responsibilities Leadership skills Effective use of resources Political environment

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Presidential Character Difficult to tell how the public assesses

presidential candidates’ character

Character matters to voters, especially leadership, integrity, and competence Johnson and Viet Nam Nixon and Watergate Clinton and Monica Lewinsky

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Figure 12.1

A Presidential Wish List

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The President’s Power to Persuade

Presidents must have interpersonal and practical political skills Must depend on others to get things

done Use force of personality and prestige of

office to affect outcomes in Congress

Neustadt believes successful presidents are good at bargaining, dealing with adversaries, and choosing priorities

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The President and the Public

Popular presidents more PERSUASIVE than unpopular ones

Presidents frequently try to mobilize public support for proposals “Going public” Must monitor public opinion polls “Honeymoon period”

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Figure 12.2

Tough First Year

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The President and the Public

President Obama has struggled with falling approval ratings Had to put health care reform aside to

deal with banking crisis and recession Later tried to rally public behind

health care proposals Passage of health care bill,

unemployment, and continuing recession contributed to low approval ratings

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The President and the Public

Presidential concern with public opinion is way to further majoritarian democracy Presidents should respond to public opinion

as well as try to lead it Strategy of courting public opinion has risks

Many variables affect a president’s influence

Must realize all issues are not created equal in mind of public

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Compared with What?Hatoyama Goes Down

Election due to public dissatisfaction with Liberal Democratic Party’s handling of economy

Started with approval rating of 79% Dropped 30 points in four months After six months, approval rating around

33%

Decline related to campaign finance scandal, indecision about relocation of U.S. air base on Okinawa, and the economy

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Partisans in Congress Greatest success in Congress immediately

after inauguration—”HONEYMOON PERIOD” Success measured by how often president

wins on roll call votes where he has taken clear position

Good predictor is number of fellow partisans in Congress

Divided government may or may not cause gridlock

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Figure 12.3

Congress: Friend or Foe?

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Elections President must please many

constituencies while trying to do what is best for the country as a whole Dilemma of majoritarianism versus pluralism

To get elected, presidents must please some constituencies more than others

After election, may want to claim electoral MANDATE regarding campaign platform

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Political Party System Presidential leadership shaped by

president’s relationship to dominant political party

Presidents elected in critical elections have more favorable conditions for exerting strong leadership

Weakest presidents constrained by affiliation with political party perceived as standing for worn-out ideas

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The President as National Leader:Political Values

Presidents differ greatly in views of the role of government

Johnson’s strong liberal ideology basis for Great Society legislation designed to advance a “just” America

Reagan reasserted conservative philosophy, promoting reductions in government services

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Different Visions

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The President as National Leader:

Policy Agenda Roots of policy proposals found in general

political ideology of president

Newly-elected presidents must choose what policies to push for in Congress

President’s role in legislative leadership began in 20th century Budget and Accounting Act of 1921 Franklin D. Roosevelt’s presidency

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Chief Lobbyist While president may propose a bill,

Congress must decide what to do with it

President’s legislative liaison staff work with White House liaison staff to monitor progress of a bill

President may modify proposal or use arm-twisting to ensure passage

Must also work with interest groups to build support and activate public opinion

May use threat of veto to increase bargaining leverage with Congress

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Party Leader An informal duty of the presidency

President and congressional leaders may have differing viewpoints

Increasingly partisan Congress means presidents focus more on party leadership than in bridging differences between parties

President also chief party fundraiser

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The President as World Leader

President must be ready to act as diplomat and crisis manager

From WWII to 1980s, presidents tried to contain Communist expansion

Today’s presidents have three objectives: National security Fostering peaceful international

environment Protection of U.S. economic interests

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Crisis Management Critical part of the presidency

Voters want president who projects image of careful judgment during an international crisis

Kennedy’s handling of Cuban missile crisis a model

Presidents inherit legacy of predecessor’s actions in the world

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Crisis in Camelot

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International Support for the War on Terror

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Guidelines for Presidential Crisis Management

Draw on advice from a range of advisors and opinions

Do not act in unnecessary haste

Have a well-designed, formal review process with thorough analysis and open debate

Rigorously examine reasoning underlying all options to ensure assumptions valid

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