PS 102: The American Executive

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PS 102 The American Executive

• Instructor Casey Byrne Knudsen Dominguez
• kcknudsn_at_uclink.berkeley.edu
• OH Thurs. 9-10 am, Fri. 9-10 am, 644 Barrows
• Reader Alison Gash
• aligash_at_berkeley.edu
• OH Tues. 1-2 at Musical Offering on Bancroft

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Tell me a bit about yourself!

• Your Name
• Your Email
• In class? On waitlist? Definitely taking class?
  Just shopping?
• Registered Berkeley student? Student elsewhere?
  Extension?
• Year in school (sophomore, etc.)
• Why do you want to take this course? What do you
  hope to learn here?
• Any special needs?

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Grades

• 35 Research paper, Due August 2
• 25 Final Exam, August 13
• 15 Short Midterm, July 21
• 15 Oral presentation on research, August 5-11
• 10 Class attendance and participation

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WHAT DO WE EXPECT OF OUR PRESIDENT?
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What qualities do you expect a good president to
have?
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An heroic image
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Dual Role

• Head of State
• Head of Government

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Does the President have the power to do what we
want him to do?
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Congress Constitutional Powers

• The Congress shall have Power To lay and collect
  Taxes, Duties, Imposts and Excises, to pay the
  Debts and provide for the common Defence and
  general Welfare of the United States
• To borrow Money on the credit of the United
  States
• To regulate Commerce with foreign Nations, and
  among the several States, and with the Indian
  Tribes
• To coin Money, regulate the Value thereof, and
  of foreign Coin, and fix the Standard of Weights
  and Measures
• To provide for the Punishment of counterfeiting
  the Securities and current Coin of the United
  States
• To promote the Progress of Science and useful
  Arts, by securing for limited Times to Authors
  and Inventors the exclusive Right to their
  respective Writings and Discoveries

• To declare War, grant Letters of Marque and
  Reprisal, and make Rules concerning Captures on
  Land and Water
• To raise and support Armies, but no Appropriation
  of Money to that Use shall be for a longer Term
  than two Years
• To provide and maintain a Navy
• To make Rules for the Government and Regulation
  of the land and naval Forces
• To provide for calling forth the Militia to
  execute the Laws of the Union, suppress
  Insurrections and repel Invasions
• To provide for organizing, arming, and
  disciplining, the Militia, the Appointment of
  the Officers, and the Authority of training the
  Militia according to the discipline prescribed by
  Congress
• To make all Laws which shall be necessary and
  proper for carrying into Execution the foregoing
  Powers, and all other Powers vested by this
  Constitution in the Government of the United
  States, or in any Department or Officer thereof

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The Presidents Constitutional Powers

• 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
  Offences against the United States, except in
  Cases of Impeachment.
• 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

• 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.
• 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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A Clerkship?
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Does the president have too much power?
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If the president does it, that means its not
illegal.

• Richard Nixon

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Sources of Presidential Power

• The Constitution
• Congress
• Courts
• Political parties
• Federalism
• Bureaucracy
• The public
• The media
• International affairs and events

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Constraints on Presidential Power

• Formal
• Congress
• Courts
• Federalism
• Informal
• Press
• Public
• Bureaucracy
• History
• Skill

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Is it legitimate?

• To tell the press he doesnt know the answer to a
  question when he does?
• To refuse to spend money Congress has
  appropriated?
• To suspend civil liberties for some citizens
  during a time of war?
• To invade a country without asking for Congress
  permission?

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Paper Assignment

• Choose an incident in which a president used a
  specific power.
• Research, using primary sources
• how the president justified his use of that power
• how others in and out of government evaluated
  that justification
• whether and how other actors attempted to
  restrain him.
• Based on that research, make your own argument
• whether and on what basis the presidents use of
  the power was justified
• whether appropriate steps were taken to check
  his use of that power
• whether the act in question falls within your
  view of the scope of legitimate presidential
  authority.

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Topics

• Detention of U.S. citizens as enemy combatants
• Executive privilege over meetings with aides
• Suspension of the writ of habeas corpus
• Pardon of Richard Nixon
• Roosevelts attempt to pack the court
• Internment of Japanese Americans during WWII
• Refusal to enforce the Supreme Court ruling
• A topic of your own choosing

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Deadlines

• JULY 12 Submit topic to instructor
• AUGUST 2 Paper Due (not negotiable)
• Oral Presentations will be August 5-11 (your date
  will be assigned next week)

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Suggested Deadlines

• JULY 9 Choose topic
• JULY 16 Have researched the history of the event
  itself
• JULY 23 Submit draft or detailed outline to
  Instructor or Reader

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