Chapter12Presidency2020.pptxChapter 12: The Presidency
American National Government
PL-102
Instructor Walter Pearn
Chapter Objectives
Explain the reason for the design of the executive branch and its plausible alternatives.
Analyze the way presidents have expanded presidential power and why.
Identify the limitations on a president's power.
Describe changes over time in the way the president and vice president are selected.
Identify the stages in the modern presidential selection process.
Assess the advantages and disadvantages of the Electoral College.
Explain how incoming and outgoing presidents peacefully transfer power.
Describe how new presidents fill positions in the executive branch.
Discuss how incoming presidents use their early popularity to advance larger policy solutions.
Chapter Objectives
Explain how technological innovations have empowered presidents.
Identify ways in which presidents appeal to the public for approval.
Explain how the role of first ladies changed over the course of the twentieth century.
Identify the power presidents have to effect change without congressional cooperation.
Analyze how different circumstances influence the way presidents use unilateral authority.
Explain how presidents persuade others in the political system to support their initiatives.
Describe how historians and political scientists evaluate the effectiveness of a presidency.
Selection and Removal of the President
The Constitution states that “Supreme Executive power shall be vested in a President of the United States.”
Since the country’s founding, forty-five individuals have served as the president of the United States.
While each has faced challenges unique to their terms, a number of common themes and issues have come to transcend the terms of the individual officeholders and characterize the presidency.
List of all 45 Presidents
Who may become President
Article II, Section 1, of the Constitution states that the president must be “a natural born citizen,” who has lived in this country at least fourteen years and is at least thirty-five years of age.
In addition to these requirements, a presidential candidate must meet many unofficial standards that are far more significant than those outlined in the Constitution.
Among those requirements are prominent political experience (such as serving as a governor or U.S. senator), possessing nationwide popular appeal, and the ability to successfully navigate the complexities and challenges of a presidential election.
Succession and Disability
Article II states that “in case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of said office, the same shall devolve on the Vice President.”
But this created problems when a president became physically or mentally disabled. For example, in 1919, Woodrow Wilson suffered a disabling stroke but remained in office because the Constitution did not include a provision for declaring a president disabled.
The Twenty-fifth Amendment, ratified in 1967, was designed to address this problem. It contains detailed provisions for the transfer of power.
Succession and Disability
When the president is removed from office by impeachment, resignation, or death, the vice president becomes president.
Under this amendment the new president must nominate a new vice president who must be confirmed by a majority vote of both houses of Congress.
In a situation when the president may be physically or mentally disabled, or if the president is unwilling or unable to submit a declaration of inability, the vice president and a majority of the members of either the cabinet or an agency established by Congress (such as a panel of doctors) can submit to Congress a statement declaring that the president is disabled.
In such a case the vice president immediately becomes acting president.
Impeachment and Removal
Removal of a president from office is a two-step process.
The Constitution gives the House of Representatives the power of impeachment, or the power to indict or formally accuse an official of wrongdoing.
Then, in the Senate, a two-thirds vote of all the senators present is required for conviction and removal from office.
The chief justice of the Supreme Court presides in a trial of the president.
Only two presidents, Andrew Johnson and Bill Clinton, have been impeached by the House. Neither was removed from office by the Senate.
Presidents Johnson, Clinton, and Trump were Impeached but not removed from office
Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act.
Bill Clinton was impeached in 1998 for perjury and obstruction of justice.
Donald Trump was impeached for Abuse of Power and Obstruction of Congress.
Note that Impeachment does not mean removal from office, it means that he is being investigated on suspicion of wrongdoing that may result in him being removed from office. In both of the above cases the President remained in office.
Richard Nixon was not impeached, he resigned before the impeachment proceedings being considered agaisnt him could begin.
The President’s Roles and Powers
The Constitution affords the president a wide array of powers and roles. However, many of the president’s most important powers derive not from the text of the Constitution, but from congressional mandates and the practices of earlier presidents.
Chief of state
Roles related to Foreign Policy
Chief diplomat
Treaties and executive agreements
Formulation of foreign policy
World leader
Commander in Chief
Chief Administrator
Chief Legislator
Veto power
Pardon power
Party Leader
National Opinion Leader
Manager of the Economy
Chief of State
As chief of state, the president represents the United States as the nation’s ceremonial head both at home and overseas.
Through this symbolic role, the president acts as the spokesperson for more than 328.24 million Americans (2019).
Roles Related to Foreign Affairs
Article II gives the president several specific powers related to foreign affairs.
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.
Chief Diplomat
The Constitution gives the president the power to appoint all U.S. ambassadors and other diplomats, with the advice and consent of the Senate.
The president grants diplomatic recognition to foreign countries and has the authority to send and receive ambassadors to various countries.
A dramatic example of this power occurred in 1972 when President Richard Nixon visited China and opened diplomatic relations between the United States and the Chinese government.
Treaties and Executive Agreements
Agreements between the United States and other countries can take several forms.
The most important of these contracts are treaties and executive agreements.
A treaty is an international agreement between two or more sovereign countries.
When negotiations are complete, the Constitution requires that the proposed treaty receive the consent of two-thirds of the Senate before it can be signed by the president and go into effect.
Treaties and Executive Agreements
While the vast majority of treaties are approved by the Senate, about twenty have been rejected.
In 1999, the Senate rejected a comprehensive nuclear test ban treaty that was strongly supported by President Clinton.
In some cases, the Senate takes no action on a proposed treaty. For example, the United States did not join the 1997 international climate agreement known as the Kyoto Protocol when the Senate refused to vote on the proposal.
Treaties and Executive Agreements
An executive agreement is an understanding between the president and the chief executive of a foreign nation that does not require the Senate’s advice or consent.
The North Atlantic Free Trade Agreement (NAFTA) is an example of an executive agreement.
There has been some criticism of the use of executive agreements when they are employed to commit the United States to important international policies because they are not subject to approval by the Senate.
Perhaps because they do not require congressional oversight, the number of executive agreements has far outpaced the number of treaties signed by the United States.
Formulation of Foreign Policy
The scope of foreign policy ranges from recognizing foreign governments and making treaties and agreements with them, to sending military forces into combat situations.
The secretary of state, appointed by the president, serves as the president’s link with the Department of State.
The powers delegated to the secretary of state can vary from administration to administration, but the increasing ease of global communication and transportation has tended to increase the importance of the president in international diplomacy.
Modern presidents have increasingly become involved in the actual conduct of foreign policy by negotiating with the heads of foreign governments
World Leader
Some observers view the president not only as the chief diplomat of the United States but also as the leader of the democratic world.
This role may be looked upon as an extension of the president’s constitutional powers as chief of state, commander in chief, and chief diplomat.
During the half century of the Cold War, American presidents led the free world against the Soviet Union and its communist allies.
Following the terrorist attacks of September 11, 2001, U.S. presidents have been seen as world leaders in the fight against international terrorism.
Commander in Chief
According to Article II, Section 2, of the Constitution, the president is the commander in chief of the army and navy and the militias of the various states when they are called into service of the United States.
However, Congress has the constitutional authority to declare war and appropriate money for military purposes. Congress rarely declares war, and the president frequently engages in military actions without such a declaration by citing his constitutional authority as commander in chief.
Congress sometimes condones such actions either with a formal proclamation of support or through funding the military actions.
The Korean War, the Vietnam War, and the Iraq War were all fought without a formal declaration of war by Congress.
Chief Administrator
As chief administrator, the president is responsible for managing the wide variety of departments and agencies that interpret and carry out legislation passed by Congress.
The president, subject to the approval of the Senate, also has the power to appoint individuals to about 1,200 key positions within the federal bureaucracy.
Such appointments are critical to the president’s ability to maintain effective control of the federal bureaucracy.
However, with 2.7 million civilian federal employees, the president cannot control all the activities of this huge bureaucracy.
Chief Legislator
The president’s role as chief legislator has evolved out of constitutional provisions granting the president the veto power and the power to advise Congress on the state of the union.
While members of Congress represent people in different geographic areas, only a president can claim to represent all of the American people.
Presidents frequently try to use this fact to build public support for their legislative programs by appearing on television and giving press conferences.
Presidents who enjoy widespread popular support and whose party controls the Congress are generally more effective in garnering congressional support for their agendas, as are presidents early in their terms of office.
The president is also generally more able to shape foreign policy than domestic policy.
The Veto Power
Article I, Section 7, of the Constitution gives the president veto power over acts of Congress.
When a bill is signed it becomes law. But if the president does not approve of the bill, the Constitution provides for three options.
First, the president can keep a bill for ten days and not act on it. At the end of the ten-day period, if Congress is still in session, the unsigned bill still becomes law.
Second, the president can veto a bill by simply returning it to Congress without a signature.
Third, if the president does not sign a bill within ten days, and Congress adjourns, the bill dies.
This is known as a pocket veto. Sometimes, the threat of a veto is enough to persuade Congress to modify a proposal in order to satisfy presidential objectives.
The Veto Power
Unlike many state governors, the president does not have the power of the line-item veto.
The line-item veto allows for a chief executive to veto specific provisions within an appropriation or tax bill while accepting the other provisions of the bill.
Although Congress enacted a line-item veto power for the president in 1996, the Supreme Court ruled it unconstitutional.
The Pardon Power
Article II, Section 2, of the Constitution gives the president power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
The pardon power is not subject to congressional control. Some pardons have been highly controversial. For example, in 1974, President Ford pardoned former president Richard Nixon, shortly after Nixon left office.
Party Leader
The candidate who wins his or her party’s presidential nomination is called upon to act as party leader.
Although this role is not mentioned in the Constitution, it is a source of significant political power for the president.
The president is the highest elected member of his or her political party.
Thus the president plays a central role in party politics and in raising money for the party, rallying supporters, and helping to get the party’s candidates elected to Congress and other important offices.
National Opinion Leader
The president’s impact on public opinion depends to a great extent on his or her ability to communicate with the American public.
One of the earliest channels used by the president to communicate directly with the public was the White House press conference.
The media facilitates this communication.
In his or her role as national opinion leader, the president has the ability to reach millions of Americans through radio and television.
But even skillful use of the mass media will not necessarily bring a president success.
Manager of the Economy
Prior to the Second World War, the president was expected to keep the economy running smoothly and prevent economic downturns.
Since the end of World War II and the passage of the Employment Act of 1946, however, the responsibility of the president for managing the economy has expanded.
For example, President Obama’s victory in 2008 was partly the result of the deteriorating condition of the American economy.
However, economic conditions can also break a president. If the public perceives that a president is failing to improve the economy, a president may lose popular support and fail to win reelection.
Limits on the President’s Powers
The framers of the Constitution viewed unchecked political power as a threat to individual liberties and political order.
Consequently, they established a number of checks on the powers of the presidency.
Throughout most of the twentieth century, including wars and economic downturns, the powers of the presidency gradually increased.
Judicial Review
The judicial branch of the government can act to limit presidential powers.
The U.S. Supreme Court has the right to exercise judicial review over all presidential actions.
In practice, the Court has tended to avoid confrontations with the executive branch during times of war.
Judicial Review
However, the Court has struck down a number of presidential and executive actions, including some during wartime.
For example, against the wishes of the Bush administration, the Supreme Court has held that while the government could classify Al Qaeda prisoners as enemy combatants, those prisoners have a right to an attorney, the right for their status to be reviewed by an independent tribunal, and the right to habeas corpus.
The War Powers Resolution
The War Powers Resolution requires the president to consult Congress before American troops are introduced into hostile situations and to continue this consultation as long as they are so engaged.
In the absence of a formal declaration of war by Congress, the president must send a written report to Congress within forty-eight hours after American troops have been sent into threatened or actual combative situations.
Within sixty days after the report has been submitted, the president must end the use of American armed forces unless Congress declares war or approves the military action. Congress can extend this period for an additional thirty days.
Presidents sometimes claim that their military actions are not subject to the War Powers Resolution.
This is precisely the argument Barack Obama made when the sixty-day window on military actions in Libya was about to close in 2011.
The Bureaucracy and The Media
The Bureaucracy
The federal bureaucracy also limits the president’s power through its size and built-in resistance to change. However, the bureaucracy is not constantly opposed to the president.
The Media
The news media generally serve as a restraint on the power of the government by reporting facts about the operation of the political system. The news media provide constant scrutiny of the president
Public Opinion
One final check on the president’s power is an informed, alert public. A president who lacks public support may refrain from unwise or unpopular policies.
The public tends to blame presidents for problems that are beyond their control, while good performance may go unrecognized.
Conversely, the public may give undue credit to a president for something he or she has not done while other problems go unnoticed.
The Personal Dimension
Although all presidents have the same powers under Article II of the Constitution, each president brings his or her own unique set of beliefs, motivations, and political skills to the office.
Such personal qualities have an important and far-reaching effect on the ability of the president to accomplish goals.
Beliefs, Motivations, Skills
One way to analyze American presidents is to divide them into two groups: weak and strong.
Weak presidents are those who consciously limit their authority; strong ones are those who extend their power as far as they feel is necessary, limited only by the system of checks and balances.
Although presidential power has increased in the last century, it is not a new phenomenon.
President Abraham Lincoln employed the powers of his office to the greatest extent and took drastic action to save the Union when the southern states seceded at the start of the Civil War.
The Vice President
The main job of the vice president, under the Constitution, is to serve as acting president when the president is temporarily disabled and to assume the office upon his death, resignation, or removal.
The vice president is also president of the Senate.
Traditionally, vice presidents were isolated from presidential decision making and were responsible mainly for ceremonial functions of the office.
Some presidents have granted their vice presidents significant authority.
Dick Cheney, for example, played a major role in both domestic and foreign policy as vice president in the Bush administration. Joe Biden played a more traditional vice-presidential role in the Obama administration
The First Lady
The president is not the only member of the First Family who often attempts to advance an agenda by going public. First ladies increasingly exploited the opportunity to gain public support for an issue of deep interest to them.
Before 1933, most first ladies served as private political advisers to their husbands.
In the 1910s, Edith Bolling Wilson took a more active but still private role assisting her husband, President Woodrow Wilson, afflicted by a stroke, in the last years of his presidency.
However, as the niece of one president and the wife of another, it was Eleanor Roosevelt in the 1930s and 1940s who opened the door for first ladies to do something more.
The First Lady
1980s Nancy Reagan’s “Just Say No” antidrug campaign .
1990s Barbara Bush’s efforts on behalf of literacy.
Hillary Clinton in the 1990s when her husband put her in charge of his efforts to achieve health care reform, a controversial decision that did not meet with political success.
Laura Bush advocated literacy and education.
Michelle Obama has emphasized physical fitness and healthy diet and exercise.
Nevertheless, the public and political profiles of first ladies remain high, and in the future, the president’s spouse will have the opportunity to use that unelected position to advance policies that might well be less controversial and more appealing than those pushed by the president.
THE END
