Chapter 10:
The Presidency
“Arbitrary power is most
easily established on the
ruins of liberty abused to
licentiousness.”
- George Washington, May 9, 1753
George Washington (1840) is a massive
sculpture by Horatio Greenough that was
met with great criticism because
Washington was a president - not a god, not
a king.
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America’s Presidents
“I do solemnly swear (or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States.”
Article II, Section 1, Clause 8 of the U.S. Constitution
The 20th Amendment
moves the date of inauguration
from March to "noon on the
20th day of January."
1789: First Inauguration (1:45-4:59)
“I greatly fear that my countrymen will expect too much from me.”
-George Washington (after being inaugurated)
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The President’s Job Description
The Constitutional Powers of the President
Article II, Section II (Powers)
1: Command of the military - The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require the
Opinion, in writing, of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective Offices, and he shall
have Power to grant Reprieves and Pardons for Offenses against the United
States, except in Cases of Impeachment.
2: Advice and Consent - He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be
established by Law: but the Congress may by Law vest the Appointment of such
inferior Officers, as they think proper, in the President alone, in the Courts of
Law, or in the Heads of Departments.
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The President’s Job Description
The Constitutional Powers of the President
Article II, Section II (Powers) Cont.
3: Recess Appointments – The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Article II, Section III (Responsibilities)
He shall from time to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as he shall judge
necessary and expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time as he
shall think proper; he shall receive Ambassadors and other public Ministers; he
shall take Care that the Laws be faithfully executed, and shall Commission
all the Officers of the United States.
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The President’s Job Description:
Head of the Executive Branch
The Constitutional Powers of the President
Constitutional Authority: (And the Balance of Power)
- Power to Appointment 8,000 positions.
BUT, 1,200 need Senate Confirmation. Recess Appointments?
- Power to preside over military as Commander in Chief.
BUT, The War Powers Act (1973) The President must notify Congress within 48
hours of sending troops into military action. Congress has 60 days to declare
war or give the President authorization to use of military force. If they fail to do
so, the troops must be brought home within 30 days.
- Power to make treaties, and make Executive Agreements.
BUT, Senate must approve treaties by 2/3.
- Power to Veto power, and use Signing Statements.
BUT, Congress can override a veto by 2/3 of both houses, and
Line-item vetoes are NOT Constitutional (per the U.S. Supreme Court).
- Power to Pardon is a “Check” and is Controversial (start-:28)
Statutory Authority: President proposes a Budget once a year.
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America’s Presidents
Early Years Through World War I
(Incremental expansion of presidential powers)
1789-1797: George Washington - Set presidential precedents.
1829-1837: Andrew Jackson - rewarding Democratic party faithful with jobs.
1861-1865: Abraham Lincoln - Civil War: suspended Writ of Habeas Corpus,
increased army above Congressional ceiling, ordered blockade of ports.
Progressive Era
1901-1909: Theodore Roosevelt – Started FBI, turning state into federal land,
Regulated business with Interstate Commerce Commission.
1913 - 1921: Woodrow Wilson – Use of WWI propaganda, Federal Reserve,
Federal Income tax. Regulatory power (R) Teddy & (D) Wilson (start-6:37)
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America’s Presidents
The Great Depression Through the Present
(Growth of modern presidency)
1933 -1945: Franklin D. Roosevelt - The New Deal & Civil Liberties
(9:30)
FDR is the only President to serve more than two terms.
In 1951, the 22nd Amendment set term limits. (two, four year terms)
1963-1969: Lyndon B. Johnson – “Great Society” and “War on Poverty.”
1981-1989: Ronald Reagan – Military Spending that ended the Cold War.
2001-2009: George W. Bush – Patriot Act, No Child Left Behind
2009 - present: Barack Obama – Obamacare, Ramping up the Patriot Act
The President declared a law Unconstitutional DOMA (st-2:34) Prisoner Swap
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The President’s Job Description:
Head of the Executive Branch
Executive Privilege - Not in the Constitution!
(Sometimes Constitutional, Sometimes NOT)
- Executive Privilege: “right of the president to keep executive
branch conversations and correspondence from the legislative
and judicial branch.” (Textbook p. 306)
When are EPs problematic and/or unconstitutional?
- Nixon: U.S. v Nixon, case in 1974.
- Obama use of EP in Fast and Furious investigation (start-4:00)
Judge Denies DOJ Request to Delay Release of Fast and Furious Document
List under Executive Privilege
Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife
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The President’s Job Description:
Head of the Executive Branch
Executive Orders – Not in the Constitution!
(Sometimes Constitutional, Sometimes NOT)
- Executive Orders: (2:53) “EO are issued to help officers and
Agencies of the executive branch manage the operations
within the federal government itself. Executive orders have
the full force of law.” Congressional Research Services Report
Not “change government policy” (Textbook p. 300)
When are EOs problematic and/or unconstitutional?
Truman: ‘Youngstown Steel’ case in 1952
Obama: ‘We Cant Wait’ (2:34)
ICE Agents suing DHS (start-2:33)
Obama relaxes strict rules on
immigrants with limited terrorist links
Obama's two-year ‘amnesty’ sparks a
12 fold spike in border crossing
Executive Order - SNL (3:30)
Judge orders halt to Obama immigration Plan (1:50)
White House ‘Counterfeiting Documents’
Death By Executive Order (3:58)
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The President’s Job Description:
The President as Politician
Power to Persuade = Presidential Leadership
How important is the public’s perception of
performance/approval rating? Midterms?
“Life under Obama sucks.”
President as Party Leader (Fundraising for
the Party? - A single trip for Obama to play pool,
drink beer and raise money cost taxpayers about $700,000)
What method does the President have to “go public”?
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The President’s Job Description:
Political Succession
President Qualifications:
Over thirty-five years old,
a natural-born citizen, and
a resident for fourteen years.
The 25th Amendment sets the
rules of Presidential Succession.
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The Executive Branch
What is the role of the Vice president? President of the Senate
How has it changed? Role Increased.
Importance of the 12th Amendment (1804)?
No Vice President House until 1974
John Adams, (first Vice-President) referred to
the office of Vice-President as “the most
insignificant office that was the invention of man.”
Executive Office of the President:
Created by FDR in 1939 to oversee the
New Deal programs. Now - National
Security Office, OMB, Office of VP,...
President’s Cabinet:
Under George Washington there were
4
cabinet members, now 15.
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Assessing Presidential Power
“As long as the President is careful to limit the
exercise of unilateral power to actions that do not
generate intense opposition in Congress, he can
implement a wide range of policy goals without
official congressional consent.” (Textbook p.318)
Impeachment AND Removal from Office
Only two Presidents have been impeached.
Impeachment crimes? “Treason, bribery, or
other high crimes and misdemeanors.”
Impeachment process (Johnson & Clinton)
House brings articles of impeachment: majority vote
Removal process
Senate holds the trial: 2/3 vote to convict
The Chief Justice of the Supreme Court presides
over the proceeding.
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End of Chapter 10
“When the legislative and executive
powers are united in the same
person, or in the same body of
magistrates, there can be no liberty;
because apprehensions may arise, lest
the same monarch or senate should
enact tyrannical laws, to execute
them in a tyrannical manner.”
The Spirit of the Laws
by Montesquieu (1748)
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