April 20, 2023April 20, 2023 Introduction to American PoliticsIntroduction to American Politics 11

The Presidency The Presidency

Frank BrooksFrank Brooks

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How Important is the President?How Important is the President?

Much more typical focus of attention than CongressMuch more typical focus of attention than Congress One person v. 535 (or a dozen or so leaders)One person v. 535 (or a dozen or so leaders) Chief executive as leader, parental figure, “king”Chief executive as leader, parental figure, “king”

President v. PresidencyPresident v. Presidency One person v. branch of governmentOne person v. branch of government Relevant to consider not only functions of president but Relevant to consider not only functions of president but

structure of presidencystructure of presidency

Presidential power v. Congressional powerPresidential power v. Congressional power Not fused as in a parliamentary systemNot fused as in a parliamentary system It’s essential to consider checks and balancesIt’s essential to consider checks and balances

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Presidential Power and Presidential Power and Presidential AuthorityPresidential Authority

Power Power (to) – capacity to accomplish some goal (energy over time)(to) – capacity to accomplish some goal (energy over time) (over) – prevailing against opposition(over) – prevailing against opposition

Authority – legitimate claim to exercise powerAuthority – legitimate claim to exercise powerSources of presidential Sources of presidential authorityauthority

Delegated powers in ConstitutionDelegated powers in Constitution Broader executive powers; general expectations of “leadership”Broader executive powers; general expectations of “leadership”

Functional (comparative) Functional (comparative) Historical (evolved)Historical (evolved)

Dilemmas of presidential Dilemmas of presidential powerpower Too much? Too little?Too much? Too little? Often depends on one’s opinions on Presidential policy – that is, Often depends on one’s opinions on Presidential policy – that is,

how how power is used (not power is used (not how muchhow much)) Exercising power without authority (or “excessive” claims to Exercising power without authority (or “excessive” claims to

authority)authority) Having authority without capacity to exercise itHaving authority without capacity to exercise it

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Constitutional Authorities: Constitutional Authorities: MilitaryMilitary

Military PowersMilitary Powers Theoretical/historical contextTheoretical/historical context

Republican theory: militias v. standing armiesRepublican theory: militias v. standing armiesStanding army seen as tool /bulwark of monarchy (tyranny)Standing army seen as tool /bulwark of monarchy (tyranny)

Civilian control and checks paramountCivilian control and checks paramount

Commander in Chief of armed forcesCommander in Chief of armed forces Art. 2, Sec. 2: “The President shall be Commander in Chief of Art. 2, Sec. 2: “The President shall be Commander in Chief of

the Army and Navy of the United States, and of the Militia of the 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 several States, when called into the actual Service of the United States”States”

CongressCongress declares war (and approves funding) declares war (and approves funding) Checks and BalancesChecks and Balances

Domestic use of militaryDomestic use of military Natural emergencies (mostly National Guard, i.e. state militaries)Natural emergencies (mostly National Guard, i.e. state militaries) Civil and political disorderCivil and political disorder

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Constitutional Authorities: Constitutional Authorities: DiplomaticDiplomatic

President is in effect the “chief diplomat” (head of state President is in effect the “chief diplomat” (head of state function)function)Constitution provides two key diplomatic authoritiesConstitution provides two key diplomatic authoritiesNegotiating TreatiesNegotiating Treaties

Art. 2, Sec. 2: President has the "power, by and with the Advice Art. 2, Sec. 2: President has the "power, by and with the Advice and Consent of the Senate, to make Treaties, provided two and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur."thirds of the Senators present concur."

i.e. checked by Senate (2/3 vote to ratify)i.e. checked by Senate (2/3 vote to ratify) Loophole: Loophole: “Executive Agreements”

Receiving AmbassadorsReceiving Ambassadors Narrowly, a clerical functionNarrowly, a clerical function implies “diplomatic recognition”implies “diplomatic recognition”

Usually routineUsually routineSometimes politicizedSometimes politicized

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Constitutional Authorities: Judicial Constitutional Authorities: Judicial and Executiveand Executive

JudicialJudicial Appoints judges (Supreme Court, district and circuit Appoints judges (Supreme Court, district and circuit

courts)courts) Appoints key figures in Justice Department: Attorney Appoints key figures in Justice Department: Attorney

General, Solicitor GeneralGeneral, Solicitor General pardons (Art.II, Sec. 2) – numbers since 1945pardons (Art.II, Sec. 2) – numbers since 1945 Notable pardons: Nixon, Vietnam draft dodgers, Iran-Notable pardons: Nixon, Vietnam draft dodgers, Iran-

Contra, Marc RichContra, Marc Rich

ExecutiveExecutive President "shall take Care that the Laws be faithfully President "shall take Care that the Laws be faithfully

executed" (Art. II, sec. 3) executed" (Art. II, sec. 3) Appointment power, especially of CabinetAppointment power, especially of Cabinet In effect, president is a CEOIn effect, president is a CEO

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Constitutional Authorities: Constitutional Authorities: LegislativeLegislative

President is, in effect, the “chief legislator”President is, in effect, the “chief legislator”Veto powerVeto power

Number of vetoes per PresidentNumber of vetoes per President Congress can override Congress can override

didn’t happen until 1845didn’t happen until 1845Highest percentage of overrides: A. Johnson, PierceHighest percentage of overrides: A. Johnson, PierceGeorge W. Bush issued no vetoes in first term; had 4/11 overridden in last 2 George W. Bush issued no vetoes in first term; had 4/11 overridden in last 2 yearsyears

No line-item veto, cannot veto Constitutional amendmentsNo line-item veto, cannot veto Constitutional amendments

Executive ordersExecutive orders ““legislative” as policy-shapinglegislative” as policy-shaping Not binding on subsequent PresidentsNot binding on subsequent Presidents

Message powerMessage power State of the Union and other speeches to CongressState of the Union and other speeches to Congress Can set legislative agendaCan set legislative agenda

Session powerSession power Can call Congress into session, but cannot dissolve CongressCan call Congress into session, but cannot dissolve Congress

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Presidential StaffPresidential Staff

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Structure of the PresidencyStructure of the Presidency

White House StaffWhite House Staff Close to President, e.g. Press SecretaryClose to President, e.g. Press Secretary Loyal to the personLoyal to the person

Executive Office of the PresidentExecutive Office of the President ““Institutional presidency,” e.g. OMBInstitutional presidency,” e.g. OMB Serve the office, not the personServe the office, not the person

CabinetCabinet Heads of executive departmentsHeads of executive departments Not a major policy-making bodyNot a major policy-making body Second-term shiftsSecond-term shifts

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Elements of Presidential PowerElements of Presidential Power

InstitutionalInstitutionalPersonalPersonal Personality, leadership stylePersonality, leadership style Psychology and campaignsPsychology and campaigns

CircumstantialCircumstantial Elections and “mandates”Elections and “mandates” Crisis management (especially war)Crisis management (especially war)

RelationalRelational Conflict and cooperation with Congress (etc.)Conflict and cooperation with Congress (etc.) Relationships with party, media, groups, publicRelationships with party, media, groups, public

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Presidential War PowersPresidential War Powers

Constitutional Division of AuthorityConstitutional Division of AuthorityHistorical PracticeHistorical Practice Many conflicts, few declared warsMany conflicts, few declared wars Escalation, use of proxies, alliancesEscalation, use of proxies, alliances

Presidential StrengthsPresidential Strengths Hamilton: unity, secrecy, speedHamilton: unity, secrecy, speed technologytechnology

Congressional StrengthsCongressional Strengths FundingFunding Military oversightMilitary oversight

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The War Powers Resolution and The War Powers Resolution and the post-Vietnam situationthe post-Vietnam situation

War Powers Resolution (1973)War Powers Resolution (1973) Notification (72 hours)Notification (72 hours) Time limit (60-90 days)Time limit (60-90 days) Congressional recall of troopsCongressional recall of troops

What Really HappensWhat Really Happens President needs Congressional support for major President needs Congressional support for major

conflictsconflicts President uses political resources to make President uses political resources to make

Congressional refusal of support difficultCongressional refusal of support difficult Congress slow to oppose warCongress slow to oppose war