LECTURE NOTES

 

UNIT 7

THE PRESIDENCY

 

Rise of the Presidency and presidential powers—Reasons --Why?

1)    Congress failed to live up to expectations

2)    Congress is too slow in our faster paced world (technology, communication)—we are stuck with an 18th century Congress in a 21st century world!

3)    Congress is too divided-- unable to reach consensus – its larger size makes it more difficult to reach a consensus

4)    Congress is too gutless --unwilling to make controversial decisions.

5)     The media, especially TV--More media attention --greater coverage (quantity) & quality (more balanced coverage) given to president (as compared to Congress)

6)     Public Ignorance of Congress--we can’t name our 2 United States Senators & 1 U.S. Representative B or, few can, and even if we can we known little else about them.

7)     U.S. being a superpower—defense & foreign affairs are more important—these are two major areas of responsibility for the president—as Commander-in-chief and Chief Diplomat-- we need a stronger president able to act when necessary

8)     Need for Secrecy-- especially in foreign affairs & defense

9)     Crises U.S. has faced- refer to the three historical examples cited earlier in the notes

10)   Easier to Focus on one person (President) than a collective group (Congress)

 

THE SEVEN ROLES OF THE PRESIDENT

ORIGINAL ROLES INTENDED BY FRAMERS OF THE CONSTITUTION:

1.   CHIEF OF STATE

  • -this includes the ceremonial duties the president must perform--meeting the handicapped child of the year, the Olympic team, the astronauts, touring a disaster area.

  • -this is important for public relations--increases a president's popularity and makes him look as if he cares, that he is not isolated.

  • -this is more important today because of the impact of tv--thus, presidents, although busier, have to devote more time to this today.

  • -personality, image, charisma, and good looks help in this role.

  • -effective presidents in this role: Reagan, Kennedy, Eisenhower, FDR

  • -poor presidents in this role: Carter, Nixon, LBJ

2.   CHIEF ADMINISTRATOR  
our framers intended this to be the main and most important duty of the president--implement the laws Congress passed.

- today this is a larger role because of:
1.  the greater quantity of laws and programs on the books
2.  today Congress has delegated to the Exec. Branch the authority to fill in the details to the laws they pass--Congress lacks the expertise & time--and these bureaucratic rules/regulations/details determine how effective a law may actually be--strict or lenient, or full of loopholes

-the power to issue executive orders, to appoint people loyal to him at the top levels of the bureaucracy, and to mobilize public support helps a president in this role

-much of this power is delegated to his subordinates--cabinet, advisors, and lower level bureaucrats--thus, the power of appointment is  important to insure compliance with presidential wishes: problem: civil service system weakens presidential control over the bottom 90% of the bureaucracy

-new (implied) powers in this role (not in the Const.):

  • 1.  executive privilege--power to withhold information from the other 2 branches of government--important for national security or confidentiality reasons but can be misused (ex.: Nixon & Watergate tapes)

  • 2.  impoundment--power to refuse to spend money appropriated by Congress--because of Nixon's abuses, Congress passed Impoundment Act of 1974 to limit this power--they can now override impoundment & force release of money.

3.      COMMANDER-IN-CHIEF

  • -specifically mentioned in Const., although after a long debate at Constitutional Convention, framers gave to Congress (only) the power to declare war

  • -Pres. can appoint & promote officers in the military, dispatch troops and ships, plan military strategy, and make all final decisions in wartime

  • -Problem: how far can president go as commander-in-chief before he must go to Congress & ask for a declaration of war?  Const. is unclear

  • -We have fought many undeclared wars--Vietnam, Korea, 1983 Grenada invasion, Panama invasion, and now "Operation Desert Shield" in the Middle East

  • -because of Vietnam Congress passed the War Powers Act in 1973--refer to textbook  for 4 major points

  • -still a great area of controversy, because of president's sole power to decide to use nuclear weapons, need for quick decision making, & U.S. role as world leader today

  • -Congress can cut off $ through power of appropriations, but not always easily done

4.   CHIEF DIPLOMAT

-In Const. Pres. is given power to:

  • 1.  negotiate treaties--requires 2/3 Senate approval

  • 2.  appoint ambassadors--requires majority Senate approval

  • 3.  receive foreign ambassadors

-Congress has power of appropriations & can cut off $ at any time

-framers intended this to be a shared role--a much more equal partnership

-new power (implied): executive agreements--agreements with foreign nations not requiring Senate approval--these are   increasingly used by Presidents, thus weakening a check by Congress--danger is that there are no guidelines as to what is a treaty &  what is an executive agreement

-President's advantages: can cite national security, need for secrecy, & he has a monopoly of information (supposedly better informed)--CIA, diplomatic corps all report to President

-since the Louisiana Purchase by Jefferson in 1803, President=s have increasingly taken the initiative in this area--Congress is left as a much weaker partner

NEWS ROLES OF THE PRESIDENT--NOT INTENDED BY FRAMERS OF THE CONSTITUTION

5.   PARTY CHIEF
Framers expected president to remain nonpolitical & above politics

Today this role is vital if a president is to get his legislative agenda through Congress--he must have the political skills of bargaining,  compromising, & persuasion

-President's duties:

  • 1.  raise $ for party

  • 2.  campaign for party's candidates

  • 3.  appoint party loyalists to governmental positions

  • 4.  keep party platform promises & get party's agenda through Congress.

If President is too effective in this role, he is accused of putting his party before national interests--being "too political"

6.   NATIONAL LEADER

  • -expected to maintain economic prosperity

  • -expected to formulate national budget & send to Congress for approval

  • -expected to educate & mold public & provide leadership & a sense of direction

  • -expected to be a "Moral Leader"-get country to do what is right--ex.: JFK & LBJ pushing for civil rights & and end to discrimination of blacks in the 1960's

  • -expected to be president of all the people--considering even the interests of those groups not voting for him

-our framers had expected Congress to play this role originally

7.   CHIEF LEGISLATOR

-Powers in Constitution:

  • 1.  recommends legislation--now expected to send specific legislative proposals to Congress--framers didn't intend this

  • 2.  message power--State of the Union message

  • 3.  veto power--has regular & pocket veto, no line-item veto--only 4-5 % of vetoes overridden--much more frequently used than framers intended & now a powerful weapon and bargaining chip with Congress

-since FDR, over 50% of all bills that end up as law originated in the Executive Branch--thus, president initiates much of new legislation today--originally Congress expected to play this role  

 

Vice president and his duties

‚       (He is chosen by the Presidential candidate to “balance the ticket” (geographically, ideologically) help attract additional votes so the party can win the Presidency, not because the 2 are close friends or agree 100% on policy issues.)

‚       Presides over the Senate

‚       If a Tie vote occurs then he needs to cast a tie-breaking vote.

‚       Take over if the President is somehow out of office. 25th amendment states that if a president becomes disabled, then vice president steps in until he recovers. 

‚       Should the vice president also be removed then the Speaker of the house would take the position. 25th amendment said that when a Vice President is removed from office, the vacancy is to be filled by a nomination of the president and approval of the House and Senate.  - ex: (-- when Vice President Gerald Ford moved up to become President after Nixon’s resignation due to Watergate abuses.) (Ford appointed Nelson Rockefeller as Vice President)

 

Impeachment Procedure                             

$        Begins in the House of Representatives. They see the evidence and decide if there is enough evidence to indict him, or formally charge the president. B Takes a majority vote to impeach B charge him with impeach able offenses.

$        If he is impeached he is being charged with punishable offenses, but he is NOT removed from office.

$        The Senate holds a trial. They hear evidence & judge guilt or innocence. It takes a 2/3-majority vote, to convict the President & remove him from office.  (Andrew Johnson came within one vote of being removed in 1867.  The vote in President Clinton’s impeachment trial was 53 to 47.

$        Grounds for impeachment (according to the Constitution): treason, bribery and “high crimes and misdemeanors” - this is a vague concept and can really men whatever the House and Senate want it to mean.