Chapter 11 The Presidency. The Growth of the Presidency The First Presidents George Washington – 1 st president, established many practices that affect.

Chapter 11

The Presidency

The Growth of the Presidency• The First Presidents• George Washington – 1st president,

established many practices that affect present day presidents, met with executive department as cabinet, established foreign affairs dominancy and refused to seek a third term thus establishing a two-term limit.

• John Adams – Viewed as weak and lasted only one term due to his failures.

• Thomas Jefferson – Strong president, enhanced

The First Presidents• The role of the president as a legislative leader.• Doubled the size of the U.S. without the consent of

Congress. His successors were unsuccessful in leading the party. The result was the era called

• the era of “Good Feeling” 1812-1824 was a period of congressional and one party governance.

• Andrew Jackson Presidency – 1st president elected by the people. He strengthened the role of the executive role of president

The First Presidents Continued

• The Jackson Presidency• Prior to his election the State legislatures appointed

most members of the electoral college.• Critics complained that his presidency had become

an elected Monarchy.• Demonstrated a Strong & Independent presidency• After Jackson, next 100years, presidential role and

people in that position remained in obscurity.

Congress Reasserts Power• When Jackson retired Congress reestablished their

power over Martin Van Buren.• The “Whig” Party’s view of the president was that

Congress was the center of Govt. and the president’s job was simply to execute the laws.

• The years between Jackson’s presidency and Lincoln’s presidency were marked by ineffective less independent presidents that really had no “major” accomplishments during their terms.

• Then came Abraham Lincoln!

Congress Resurrection Continued

• Lincoln was a president of tremendous influence

• Upon taking office Lincoln used the office of the president in extraordinary ways such as: He blockaded southern ports, call up the militia, closed opposition newspapers, ordered the arrest of suspected traitors and issued the “Emancipation Proclamation” ALL without Congressional approval!

• Throughout the war, Lincoln did whatever he thought would win the war.

Congress Continued• Lincoln demonstrated that in times of “National

Emergency” the American Presidency position possessed virtually unlimited power.

• The presidents that followed Lincoln were known as the “Bearded Presidents” who were easily dominated by Congress. Congressional control was so strong that for the next 40 years all-important legislation was initiated by Congress.

• Only T.Roosevelt & W.Wilson interrupted the period known as “Congressional Govt.”

Congress Continued• T. Roosevelt viewed the presidency as a “Bully

Pulpit” where he could appeal to and educate the American Public.

• He skillfully used public opinion to build support for his actions.

• He articulated the “Stewardship Theory” of presidential power which meant that the president was the only elected official elected by the entire nation and had the duty to take whatever action is necessary as long as it was not specifically forbidden by the constitution or by law.

The Modern Presidency• T. Roosevelt argued for a strong presidency, but it

was F. Roosevelt who actually gave the office the power it now has.

• F. Roosevelt confronted the Great Depression and WW II and rallied the American people to accept his leadership and in doing so gave “Legitimacy” to the “Powerful Presidency”.

• During the first 100 days of his administration he introduced 15 major pieces of legislation and a willing Congress passed ALL of them.

Modern Presidency Continued• WW II expanded Roosevelt’s power and even

Congress turned to him for policy leadership related to the war effort and his image from the American people was that of a “Hero” for rescuing the nation.

• This powerful presidential role however changed during the administrations of L. Johnson and R, Nixon due to the secret bombings in Cambodia during the Vietnam War and the scandal of Watergate. These events lead to the disenchantment of a strong president and harmful to the Republic.

Modern Presidency Continued• 1960’s under Kennedy administration the

office of president known as “Imperial Presidency”. This was the increased authority and decreased accountability of the presidency.

• Thereafter two presidents, G. Ford, and J. Carter failed to project the image as a strong leader and were rejected by the American people in their elections. Thus a new term was created. The “Tethered Presidency”, a presidency that was too constrained to be effective.

Modern Presidency Continued• 1980 – Election of R. Reagan confirmed the

concern over the tethered presidency. He was unlikely to manifest the characteristics of a strong president.

• Reagan was a very popular president and known as the “Great Communicator”

• The George H.W. Bush administration called for a “New Engagement” between the president and congress that was characterized by cooperation and mutual respect.

Modern Presidency Continued• Bush however was a one-term president even

though he was a popular vote.• The Clinton administration had an advantage by

having both houses of Congress controlled by Democrats until the 1994 election when the Republican’s gained back control. Even with his “Impeachment” he vacated office with a 65% approval rating even though the republicans through George W. Bush recaptured the office of the presidency. This administration was originally viewed as weak and even timid about governing. This of course wasn’t the case!

Modern Presidency Continued• G. W. Bush – Issues of 9 -1 1, Afghanistan, and

Iraq elevated his popularity and ratings and strengthened his leadership.

• His second term of tax cuts, health care reform, and social security also demonstrated his leadership.

• The lengthy War in Iraq, Hurricane Katrina, and rising fuel prices caused his ratings to fall dramatically in his 6th yr. in office.

• 2006 elections Democrats gained control of both Houses and Republicans were concerned.

Presidential Roles• Chief of State – Primarily Ceremonial Role

• In this role the president entertain foreign dignitaries and prominent Americans, throw out the 1st baseball of the season, and issue proclamations.

• These type activities enhance the prestige of the president.

• In this capacity the president represents our country in all affairs whether it is in another country or at his home in TX.

Presidential Roles Continued• Chief Executive – Constitutional Role• Power to Appoint & Remove – Even though this is

a powerful role, Civil Service protects employees and many of the appointments require senatorial approval.

• Therefore the president’s role to hire and fire is limited and Congress performs oversight duties.

• Many times the president will remove a nomination he has made because he realizes the appointment will not be approved.

Presidential Roles Continued• Power to Pardon – This power is one of the

few powers that Congress may not limit.• President Ford pardoned Richard Nixon for

his role in Watergate.• Executive Privilege – The right of the

president to withhold information from Congress.

• This power is justified based on the need for secrecy in foreign affairs and for maintaining information confidential. Congress hasn’t really challenged this power of the president.

Presidential Roles Continued• Chief Diplomat – The president plays a

leading role in shaping U.S. foreign policy as chief diplomat. He also may make treaties with the advice and consent of senate, appoint foreign ambassadors, and nominate and appoint foreign ambassadors, ministers and consuls.

• Treaties – This power is limited due to requiring senatorial approval. Consulting senior senators is essential to gain senate approval on treaties.

Presidential Roles Continued• Executive Agreements – Agreements made with

other nations that are made by the president without the consent of the Senate. These have all the force of treaties but unlike treaties not binding on succeeding presidents.

• Congressional Executive Agreements – An agreement with a foreign nation that is negotiated by the president and then submitted to both houses of Congress for approval.

• Power of Recognition – Signifies the official recognition of the sponsoring Govt.

Presidential Roles Continued• Commander in Chief – This is the most

controversial power of the president. Although this gives the president the power over the military, Congress via the constitution the power to “Declare War” not the president. This is an important separation of powers.

• Presidents however have repeatedly committed troops without the approval of the Senate or the declaration of war!

• EG: Korean War – Under the term “Police Action” – Vietnam War

Presidential Roles Continued• War Powers Resolution – 1973 – Congressional

action to limit the power of the president to send troops. Limited to troops being sent into hostile territory to 60 days. Congress could approve an extension. If not approve then troop were to be removed/withdrawn.

• Further required the president to consult Congress “in every instance” before committing troops into a hostile territory or potential one.

• Reagan sent a “Peace keeping” force to Lebanon without consulting Congress but later did.

Presidential Roles Continued• Numerous presidents have refused to

acknowledge the Wars Resolution Powers over the president and thus there are several instances whereas there have been troops sent in without approval of Congress.

• Most recently – Iraq, yet there was “Authorization to Use Military Force” obtained through the president using “All Necessary and Appropriate force against nations, organizations, and people responsible for the Terrorist Attacks of 9-11. Bush however denied the need for him to gain approval from Congress. Therefore most scholars state that the War Resolutions Power is no longer viable.

Presidential Roles Continued• Chief Legislator – President viewed as the leader

of legislative policy yet the constitution only provides for (4) minor legislative duties.

• 1) Convene both Houses for special session• 2) Adjourn Congress if the two houses cannot

agree on adjournment • 3) From time to time provide Congress a State of

the Union on the nation• 4) Recommend measures “as he shall judge

necessary and expedient”• The constitution also arms the president with Veto

power

Presidential Roles Continued• Recommending Legislation – In the State of

the Union address the president outlines his legislative action for the coming year. In doing this in this way he gains public support and he presents his party’s platform indirectly and Party Leader.

• Pocket Veto Power – A decision of the president not to sign a bill during the last ten days of a term thus effectively killing the bill. Regular Veto is when president return a bill without his signature. These however may be overridden by 2/3 vote in both houses.

Presidential Roles Continued• Riders – Provisions usually unrelated to the

bill that are attached to a bill letting Congress know the president opposes it.

• Line-Item Veto Act – 1996 – Enables the president to veto portions of a bill while signing the rest. Until 1996 this power was only available to State Governors.

• Impoundment – Withholding by a president of funds that have been appropriated by Congress. This is used in place of the line-item veto. 45 days is the limit that funds may be impounded.

Presidential Roles Continued• The Institutional President – Referred to

based on layers of presidential advisors and his Cabinet. The other side referred to as The Executive Office of the President which includes the White House Staff and the VP.

• The Cabinet – heads of major executive departments and other officials whom the president designates. 15 dept. heads and the VP.

• The cabinet is primarily advisory role not as a unit but as individuals of each department.

Executive Office of the President

• Through an “Executive Order” the EOP was created to assist the president. It consist of 10 separate organizations. The three main ones are: OMB, Council of Economic Advisers, and the national security Council.

• OMB – Primary function is to prepare the presidents budget for presentation to Congress each January. Also reviews proposed legislation prepared by executive departments and agencies to ensure consistently with the presidents programs.

Executive Office of the President

• The Council of Economic Advisors – Created via legislation of the Employment Act of 1946. President appoints (3) members of professional economist with Congressional approval.

• Primarily advises president on economic issues, unemployment, inflation, taxes, federal spending levels, and the values of the dollar abroad.

• The National Security Council – created by the National Security Act of 1947. Advises the president on foreign and defense policy.

Security Council Continued• NSC based on statue consist of: president, VP, and

secretaries of state and defense. Also heads of CIA, and Joint Chiefs of Staff by statue.

• The White Hose Office – Two Mgt Styles - Composed of Staff members, and includes assistants, counselors, and consultants who are totally devoted to service of the president.

• The VP – Only constitutional task is to reside over Senate. The VP does become president in the event that the president dies, resigns, impeached or removed from office and may become president if the president becomes disabled. Duties determined by president.

Presidential Influence• Persuading Congress – Congressional

support is essential to the president therefore obtaining support is crucial to the president. Presidents have three primary resources to do this.

• 1) Party Loyalty• 2) Staff Lobbyist• 3) Personal Appeal (Charisma)• Party Loyalty – Presidents must obtain

support from Congressional members from their own party to be successful.

Presidential Influence Continued• Staff Lobbyist – One on one contact with

president is limited so he has to rely upon lobbyist.

• Personal Appeal – personal appeal is vita to the success of influencing Congress. Personal phone calls have worked effectively. Too much appeal however dilutes its’ effectiveness.

• Public Opinion – Honey Moon period in the beginning and then it changes. Presidents associate high public opinion ratings with getting legislation passed.

Conclusions

• Presidential Power has increased during times of disaster and emergency yet is lessened once it passes.

• Is the myth of “The ALL Powerful President a “Myth”?