Chapter 12 – The Presidency
I.
Presidents and prime ministers:
A. Characteristics:
1.
2.
2.
3.
B.
Chief executive is the prime minister, chosen by the legislature.
Presidents may be outsiders
- president when compared to the prime ministers of other
democratic nations, is one of the weakest executives
Prime minister chooses the cabinet ministers from among the
members of parliament; members of Congress cannot
simultaneously serve in a president’s cabinet;
Presidents have no guaranteed majority in the legislature; prime
ministers always have a majority and stay in power until majority is
lost.
- divided government means that cooperation is hard to
achieve
Prime Minister chosen by parliament; Presidents and the Congress
often work at cross-purposes.
- subordinates to the president leak his views to the press
and undercut his programs before Congress
Divided government is common in U.S. but Americans dislike it for
creating gridlock.
- from 1952-2000 sixteen of the twenty-four congressional sessions
produced a divided government
- unified government: party controlling the white house has
majority in Congress as well
-
it is unclear if divided gov’t produces any worse gridlock than
that which exists in unified gov’t
1. Does Gridlock Matter?
a. Unclear if divided gov’t produces fewer or worse policies
than unified ones
b. Constitution ensures that the two branches will be rivals
for power and thus rivals in policy-making
c. The only time there really is a unified gov’t is when the
ideological wing of a certain party controls the White
House and the Congress ….. these periods are very rare
2. Is Policy Gridlock Bad?
a. Unwillingness of Amer. voters to put the same party in
control of both branches implies that we like having
somebody there to block a policy we don’t like.
b. In typical presidential election ¼ of all voters will vote for
one party’s candidate for pres. And the other party’s
candidate for Congress
c. Gridlock is a necessary consequence of a system of
representative democracy
i. Designed to cause delays, intensifies deliberation,
force compromise, requires broad based coalitions
to support new policies
ii. the opposite is true of direct democracy – in this
scenario the pres. would be a traffic cop with
broad powers in what direction the traffic should
move and be able to ensure that it moves that way
II.
Evolution of presidency:
A.
Delegates feared both anarchy and monarchy.
- existing state constitutions gave most power to legislatures
- some of the Founders proposed a plural national executive
- the victors in the debate convinced the others that in a large
nation threatened by foreign enemies, a single president with
significant powers was necessary
B.
Four concerns of the Founders…
1. fear that the president could use the state militias to overpower
state governments
2. others worried that sharing the power to make treaties would
make the president a “tool of the Senate”, manipulated by his
“minions and favorites”
3. biggest fear over presidential reelection – pres. wouldn’t step
down, would use bribery, intrigue and force to stay in power….
Specifically a concern b.c they assumed that most elections
would be decided in the House
i. has only been decided in the House twice (1800,
1824)
4. direct popular election would give too much power to large
populous states
o Gov. Morris of PA : “ Make him too weak: the Legislature
will usurp his powers. Make him too strong: he will usurp
on the legislature”
o The real source of Presidential power…
 president’s role in foreign affairs,
 his ability to shape public opinion,
 his position as head of the executive branch and
 his claims to have certain “inherent” powers by
virtue of his office.
C.
D.
The Electoral College:
1.
Each state to choose method of selecting electors;
2.
Electors would meet in state capitals to vote for president and vice
president;
- benefited the small and large states, small at minimum
would have at least three electors (more than many actually
deserved based on their populations)
3.
If no majority, House would decide;
4.
But…Founders didn’t anticipate political parties and the influence
they would wield by producing nationwide support for a slate of
national candidates
5.
See “How Things Work” box, The Electoral College, p. 336-337.
President’s term of office:
1.
2.
3.
4.
E.
Washington’s Precedent of two terms, no president until FDR
challenged the precedent set
Twenty-second Amendment in 1951
Public acceptance of office and officeholder – the legitimacy of the
presidency itself
The orderly transfer of power from one incumbent to the next
- has occurred time and time again despite the deeply
divisive elections like Jefferson’s in 1800
The first presidents:
1. Office quickly legitimated;
- due in part to the fact that the first presidents were some of
the most prominent men in the nation
- all were active in the revolution or the Founding or both
- of the first four Wash and Monroe weren’t even opposed
- Washington spoke out against political parties
- the reality of the system is that “political parties are
as natural to democracy as churches are to a religion”
2.
Minimal activism of early government;
- government initially had very little to do beyond
establishing a sound currency, settle debts fro the war
- Treasury Department under Hamilton became the principal
federal office
3.
Appointed people of stature (rule of “fitness”)
- those appointed should have some standing in their communities
and be well thought of by their neighbors.
4.
F.
Relations with Congress reserved;
- presidency was kept modest and simple
- Congress decides that not until after a president dies may
his likeness be coined
- President Eisenhower was the first president to
receive a pension upon his retirement
The Jacksonians:
1. Jackson believed in a strong and independent president.
- he was elected as a military hero, people weren’t sure
what type of president he would be
- used the powers of the office as no one before him had
2. Vigorous use of veto
- issued 12 vetoes, more than all his predecessors combined
- viewed himself as “Tribune of the People”
- size of the electorate increased dramatically
- new states were being admitted to the Union – 24
- demonstrated the power of a popular president
- didn’t shrink from challenges from the Congress, he
believed in a strong and independent presidency
- issue of slavery at this point was dividing the country
G. Reemergence of Congress – the next hundred years:
- after Jackson Congress reasserts itself – especially the Senate
- of the 8 presidents to follow Jackson, 2 died in office the
others were one term presidents
- intensely partisan era
1.
Intensely divided public opinion;
2.
Until FDR, only Lincoln, Teddy Roosevelt and Wilson expanded
presidential power;
a. Lincoln broke new ground: was formerly a member of the
Whig party – ironically ran on limiting presidential power
i. Oppose Amer. entry into the Mexican War, critical of
Jackson’s use of executive authority
ii. As president: made use of the vague gift of powers
found in Article II
1. Specifically : “implied” or “inherent” powers, and
“take care that the laws be faithfully executed”
2. Acting as commander and chief:
a. raised and army,
b. spent $,
c. blockaded southern ports,
d. temporarily suspends habeas corpus,
e. issued the Emancipation Proclamation….
All w/o congressional approval
3. Congress reasserted itself after his presidency
3.
Even today, popular conception of president as center of
government contradicts reality; Congress often policy leader.
a. Mark Peterson’s research demonstrated that from Ike to
Reagan Congress, not the President, took the lead in setting
the legislative agenda
b. “Congress proposes, the president disposes” : legislativeexecutive relations involve hard bargaining and struggle
between these two branches
IV. Powers of the president:
A.
Formal powers in Article II:
1.
Unilateral powers, plus those requiring formal legislative approval.
o Commander and chief (in wartime and in the direction of
the military forces)
o Commission officers of armed services
o Grant reprieves and pardons for federal offenses (not
impeachment)
o Convene Congress in special sessions
o Receive ambassadors
o Take care that the laws are executed
o Wield “executive power”
o Appoint officials to lesser offices
2. Powers the President shares with Senate
o Make treaties
o Appoint ambassadors, judges, and high officials
3. Powers of the President that are shared with Congress as a whole
o Approve legislation
4. Potential for power found in ambiguous clauses of the Constitution—
e.g., power as commander in chief, in oath of office (“to protect and
defend the Constitution of the United States”) and executive power
(“to take care that laws be faithfully executed”). – this has become
one of the most elastic clauses in the Constitution
B.
V.
Greatest source of power lies in politics and public opinion
o Since the1930s the Congress has passed laws that confer
on the exec. branch broad grants of authority to achieve
some general goals…. Leaving the how-to’s up to the
president and his deputies to define the regulations and
programs
The office of the president:
A. The White House Office (West Wing)
1. President’s closest assistants
2.
West Wing organized according to president’s style
o Pyramid – top down administration, report up through the
chain of command with the chief of staff dealing directly
with the president
o Orderly flow of info. but does so at the risk of
isolating the president
o Circular structure – cabinet secretaries and assistants
report directly to the president
o Gives the president a great deal of information but
the price is often confusion and conflict among
cabinet secretaries and assistants
o Ad-hoc structure – task forces, committees, and informal
groups of friends and advisers deal directly with the
president
o Allows great flexibility, minimizes bureaucratic
inertia, and generate ideas and information from
different channels, the risk is that the president is
cut off rom the government officials
o Common for presidents to mix methods
4.
Staff typically worked on the campaign; a few are experts
o Limited supply of time and energy makes it necessary
for presidents to rely heavily on one or two key
subordinates
o Longtime associates in whom the president has
confidence
o Proximity to the president’s oval office is a good
indicator of the relative influence of the people in them
o Staff attaches great importance to being close
to POTUS
5.
See the How Things Work boxes, The President: Qualifications and
Benefits, and The Myth and Reality of the White House Office; see
also the Politically Speaking box, Perks.
B.
Executive Office of the President (EOP):
1. Executive agencies report directly to president
- not located in the White House
- some of the agencies are large bureaucracies staffed by career
government employees : often more loyal to the mission of the
agency then to the president
2. Appointments need Senate confirmation (only top positions), unlike
White House staff.
3. Office of Management and Budget (OMB), perhaps the most
important agency in the EOP
 Analyzes the proposed national budget from the
President, studies the organization and operations of
the exec. branch, devises plans to reorganize various
departments and agencies, reviews proposals by
cabinet
 Includes a staff of over 500: almost all career civil
service
 Traditionally it has been nonpartisan but recently it
has played a major role in advocating policies rather
than simply analyzing them
- other agencies include
 CIA
 Council of Economic Advisers
 Office of Personnel Management
 Office of the US trade Representative
C.
The cabinet: executive departments
1. Not explicitly mentioned in Constitution, rather a product of tradition
- role of the cabinet is largely fictional… only mention in constitution
is in the 25th Amendment: “the principal offices of the executive
departments”
2.
Inherent conflict between president & cabinet—secretaries become
advocates for their departments.
 Ike is the only president whose cabinet appeared to
be a deliberative body
 Provided the cabinet with a large staff and held
regular meetings and listened to opinions expressed
 Even so the cabinet didn’t have much influence over
the decisions he made
3. “Acting” appointments increased legislative-executive tensions

D.
Although there are many political appointments they don’t
necessarily contribute to increased presidential power
o Power of appointment does give the president one
great advantage: he has many opportunities to
reward friends and supporters with jobs
Independent agencies, commissions, and judgeships: (over 4 dozen
agencies and commissions)
1. Commissions have a quasi-independent status: fixed terms, difficult
to “fire”
 Once appointed they serve for a fixed term, unlike
executive agencies they don’t serve at the “pleasure of
the president” so they can’t be removed w/o “cause”
 Acting appointments: appointee holds office until the
Senate acts on his or her nomination.
o Senate complains: violation of their right to
consent
o Vacancies Act 1868: law limits acting appointees
to 120 days in office
o Executive branch claims that the practice is
necessitated by the fact that the pace of
confirmation is so slow
2.
3.
Confirmed by the Senate.
Judges removed only by impeachment.
 Judges serve for life b/c they represent another branch of
government therefore if they could be removed by the
president they wouldn’t be independent
4.
See the How Things Work box, Federal Agencies.
VI. Who gets appointed?
A. President knows few appointees personally.
B. Most senior appointees have had federal experience.
C. Presidential considerations for appointments—politics, demographics,
geography…
D. Rivalry often develops between department heads and White House
staff.
E. See the House Things Work box, The Presidential (Non) Appointment
Process.
VII. Presidential character reflected in White House organization: Eisenhower to
George W. Bush
A. Eisenhower: orderly, delegation of authority to trained specialists
B. Kennedy: improviser
C. Johnson: master legislative strategist, who tended to micromanage
D. Nixon: expertise in foreign policy, tried to centralize power in the White
House
E. Ford: decisions structures not always coherent or utilized
F. Carter: also tended to micromanage
G. Reagan: set policy priorities and then gave staff wide latitude
H. George H.W. Bush: hands-on manager, with considerable Washington
experience
I. Clinton: good communicator, who pursued liberal/centrist policies
J. George W. Bush: tightly run White House; agenda dominated by
foreign affairs; loyalty over expertise.
VIII. The power to persuade:
A. Presidents use the office’s national constituency and ceremonial duties
to enlarge powers.
B. Three audiences for president’s persuasion:
1. Fellow politicians and leaders in Washington, D.C.
2. Party activists and officials outside Washington
3. Various publics
C. Popularity and influence:
1. Goal: transform popularity into congressional support for programs;
2. Presidential coattails have minimal influence today;
3. Congressional elections relatively insulated from presidential
elections;
4. Popularity affected by factors beyond control—i.e., September 11th,
Katrina, Bay-of-Pigs.
D. The decline in popularity:
1. Popularity highest immediately after election – “ honeymoon
period” … Move It Or Lose It – want to get something done
should, do it early in his term
2. Declines by midterm.
 typically by the time of the midterm elections the
reputation of the president and his party declines
 since the 30’s, in every off year election but one the
president’s party has
IX. The power to say NO:
A. Veto:
1. Veto message sent within ten days of the bill’s passage.
 Statement accompanies the veto explaining rationale for
decision
2.
3.
Pocket veto (only before Congress adjourns at the end of its
second session – must be fewer than 10 days left in session)
 1972 Kennedy challenged presidential authority to use a
pocket veto during congressional recesses – federal courts
agreed
Congress rarely overrides vetoes; no line-item veto
 1996 Congress passed a bill giving the president the power
of “enhanced recession” – could cancel parts of spending
bills w/o vetoing the whole thing
 Supreme Court struck down the bill as unconstitutional – b/c
the Constitution does not gave the president the authority to
carve up bills, he can either sign, veto the whole thing, or
take no action at all
B.
Executive privilege:
1. Confidential communications between president and advisers need
not be disclosed.
2. Power of executive to withhold information from people, Congress,
courts
3. Justification
a) Separation of powers
b) Need for candid advice which wouldn’t be provided as readily
if advisers felt like what they said would be exposed to public
scrutiny
4. U.S. v. Nixon (1973) rejected claim of absolute executive privilege
 Court ruled that Nixon had to give up the tapes of White
House conversations
 There is no “absolute unqualified Presidential privilege of
immunity from judicial process under all circumstances”
5. George Bush (2007) ordered aides not to testify to Congress re:
fired U.S. Attorneys.
C.
Impoundment of funds
1. Definition: presidential refusal to spend funds appropriated by
Congress
2. Nixon impoundments countered by Budget Reform Act of 1974
 He attempted to reduce federal spending via impoundment
b/c the Dem controlled Congress rebuffed his wishes
o He responded by vetoing 12 spending bills and
refusing to release funds for projects that he didn’t
approve of
o BRA of 1974 – requires president to spend all
appropriated funds unless he wishes not to spend
and Congress, w/in 45 days agrees to delete the
items
o If they don’t agree he is required to release the funds
immediately
 Contemporary connect – What if the incoming
president in 2016 attempts to impound funds
for the Affordable Care Act?
X.
The president’s program
A. Putting together a program
1. Input from many sources;




2.
Approaches to policy formulation differ depending on incumbent;
 Two primary ways to formulate a program
o Have policies on every conceivable issue (time
consuming ordeal)
o Concentrate on 3 or 4 major initiatives or themes and
leave the other details to subordinates

3.
Interest Groups: Strength: specific plans and ideas
Weakness: narrow view of the public interest
Aides and campaign advisors: Strength: test new ideas for political soundness
Weakness: won’t have many ideas to test, inexperienced in
government
Federal bureaus and agencies: Strengths: will know what is feasible
Weakness: will propose plans that promote their agencies,
won’t know if the plans will work
Outside, academic, and other specialists and experts:
Strength: will have many general ideas and criticisms of
existing programs
Weakness: will not know the details of policy or have a good
understanding of what is feasible
The state of the Economy and Foreign Affairs have become
major issues that the president must devote time to
o Opinion polls have huge impact on decision making
 Trustee approach: do what the public good
requires regardless of political costs
 Delegate approach: do what your constituents
want you to do
Many constraints on a president’s program:
 Cannot risk plunging ahead without first gauging public and
congressional retain to proposals
 Leaking information helps them test the waters
 Other constraints on time- phone calls to congress, receive
newly appointed ambassadors and heads of state, photo
opps
 Unexpected events and crisis’
B.
Presidents often (try to) reorganize agencies to sidestep constraints on
programs.
 Ex: post 9/11 Bush’s creation of the White House Office of
Homeland Security – attempt to bring the Coast Guard,
Customs Services, FEMA, & INS under it’s control
 Created the 3rd largest cabinet department encompassing 22
federal agencies, nearly 170,000 employees !!!
So much for the rhetoric of small government eh? 

XI. Presidential transition:
A. Only 14 of 41 presidents have served two terms.
B. The vice president:
1. Eight vice presidents succeeded to office on president’s death.

2.
Two Constitutional duties


Serve as president of the Senate (doesn’t usually do this job, delegated to the
president pro tempore
Vote in case of a tie

Unless in a crisis, the VP is, at best only an advisor to the President

Adams “ the most insignificant office that ever the invention of man contrived
or his imagination conceived”
Jefferson “ the second office of the government is honorable and easy, the first
is but a splendid misery”
Webster decline VP “I do not choose to be buried until I am really dead”
Garner “not worth a pitcher of warm spit”



C.
Problems of succession:
1. What if president falls ill?
2. If vice president steps up, who becomes new vice president?
3. Succession Act of 1947


4.
Made the Speaker of the House and then pres pro tempore of Senate next in line
Two problems: both are likely chosen b/c of seniority, not executive skill &
they might likely be from the oppositional party
Procedures set in 25th Amendment (1967) to address these
problems



D.
They rarely acquire it own through election (Van Buren, Nixon, G. Bush)
Dealt with disability problem: VP serves as “acting president” if president
declares or is determined to be unable to discharge the powers and duties of his
office (VP and cabinet majority necess, if pres. disagrees 2/3 majority of
Congress is needed)
Deals with succession problem: requires VP to assume presidency and nominate
a new VP (req. Senate confirmation)
73’ Agnew resigns after pleading no contest to criminal charges, Nixon
nominates Ford, Nixon resigns in 74’, Ford pardons Nixon, Nixon nominates
Rockefeller (neither the Pres or VP had been elected to the office)
Impeachment
1.
2.
3.
Judges, not presidents, are the most frequent subjects of
impeachment. (serve during “good behavior”)
Indictment by the House, conviction by the Senate

16 persons have been impeached by the House, 7 convicted (last conviction
1989 – 2 federal judges
Office of the Independent Counsel not renewed in 1999, victim of
Clinton impeachment.
- ironically Clinton’s public opinion rating went up after the scandal broke
- interesting note: no one is quite sure what the phrase “high crime or
misdemeanor” actually means – interpreted as an illegal or unconstitutional act,
not simply a unpopular one
XII. How powerful is the president?
A. Both president and Congress more constrained today.
B. Reasons for constraint:
1. Complexity of issues makes it more difficult to act decisively
2. Scrutiny of the media
3. Greater number and power of interest groups
C. Presidential responses to constraints include:
1. Acting early in the first term (honeymoon period)
2. Establishing a few top priorities
3. Giving power to the White House staff and supervising them
carefully
4. Ignoring constraints
XIII. Answering the Enduring Questions
A. Should we want presidents to be stronger or weaker than Congress?
1. Founders designed Congress to be the “first branch” with
lawmaking powers.
2. However, presidential power in wartime and in national crises have
meant that they are sometimes “first among equals.”
3. Separation of powers sometimes favored the president, but only
after Congress has agreed to enhance the power of that office
B. Does personal character of a president make a difference in how the job
is done?
1. Personal character as one factor among many: life experience,
managerial style, media relations and communications style,
external events, congressional relations, Washington relationships,
etc.
C. Abolish the Electoral College?
1. The Electoral College enhances workings of federalism and
increases power of states
2. Abolition would likely encourage formation of third parties