The Office of the President

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The Office of the President

• Chapter 13

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Constitutional Requirements

• natural-born citizen
• 35 years of age
• Has lived in the U.S. for 14 years

Bonus Question 1 Who was the youngest president
to be ELECTED to office? John F. Kennedy (43
years-old) Bonus Question 2 Who was the oldest
president to be elected to office? Ronald
Reagan (69, reelected at 73)
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Term of Office

• Four years
• Maximum of two elected terms (if VP serves less
  than half of Presidents term can be elected
  twice, If VP serves more than half can only be
  elected once)
• LBJ- succeeded JFK in 1963- could have been
  elected twice
• Ford- succeeded Nixon in 1974- eligible to be
  elected only once.
• Washington set precedent of only 2 terms but no
  official until 22nd amendment- due to FDR
• VP takes over if impeachment, death, resignation,
  disabled, removal- 25th Amendment
• Presidential Act of 1947- set up the way the
  succession line- Speaker, Senate President Pro
  tem, Sec of State, Sec of Treasury, Sec of
  Defensethen the other Cabinet secretaries in
  order of creation.

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Salary

• Fun Fact
• The Presidents salary is determined by Congress
  and CANNOT be changed during the same term.
• 400,000

Bonus Question 3 Who were the only two
presidents to refuse their presidential
salary? George Washington and John F. Kennedy
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Presidential Perks!

• Salary
• Travel and expense accounts
• White House Residency
• Staff of nearly 100!
• Camp David vacation estate
• The best doctors, dentists, other health care
  providers
• Jets, helicopters, Air Force One
• Retirement package (salary and Secret Service
  protection for life)
• Speaking Fees- Clinton charges up to 300,000 per
  speech
• Memoirs- Clinton received 12 million advance
• Can serve on Corporate Board of Directors- Gerald
  Ford
• Taft- Chief Justice of Supreme Court after
  Presidency
• http//finance.yahoo.com/blogs/just-explain-it/jus
  t-explain-pays-presidential-perks-203926005.html

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Presidents Roles and checks- according to
Constitution

• 1. Chief legislator- powers- proposes
  legislation, vetoes legislation, calls special
  sessions of Congress, Makes State of the Union
  Address to Congress
• - checks congress need not pass legislation
  and can override veto 2/3 majority in both houses
• 2. Chief Executive- powers enforces laws,
  treaties, court decisions, appoints officials to
  office (and fires), issues executive orders- do
  not need congressional approval
• - checks Congress passes laws, power of
  the purse, Senate can reject treaties/appointments
  , House impeaches, Senate removes, Supreme Court
  can strike down Executive orders

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• 3. Commander in Chief- power head of the armed
  forces (a civilian in charge)-
• checks Congress appropriates military funding,
  Congress declares war, War Powers Act of 1973
  (cannot wage war over 60 days without
  Congressional approval)
• 4. Chief diplomat- sets overall foreign policy,
  appoints and receives ambassadors, negotiates
  treaties and executive agreements (agreements
  between heads of states- nuclear warheads,
  economic help), give diplomatic recognition to
  foreign governments
• checks Congress appropriates funds for foreign
  affairs, Senate can reject ambassadors and
  treaties
• 5. Chief of State- the ceremonial head of our
  nation- tosses out the first ball of the baseball
  season, bestows medal of honor, visits areas
  struck by natural disaster.

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• 6. Chief Jurist- powers- appoints federal judges,
  issues pardons and amnesty.
• Checks senate can reject judicial appointments,
  senators can place holds on appointments

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Non-constitutional roles

• A. Head of Political Party- selects the partys
  chairman of the national committee and VP
  nominee, political patronage
• B. Chief Economist- responsible for overall
  health of economy, proposes federal budget
  (though Congress can alter it)
• Analyze this The greatest source of
  presidential power is not to be found in the
  Constitution, but in politics and public opinion.

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Unwritten Traditions

• All have been white (Obama is ½ white)
• All have been Christian
• Most have been from well-to-do families
• Most are highly educated
• Most have military experience
• Most have been married

Bonus Question 4 Who was the only Catholic
president? John F. Kennedy Bonus Question 5 Who
is the only president since 1900 to never attend
college? Harry S. Truman
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Test Your Knowledge!

• How many presidents have been Army Generals?
• 10
• How many presidents total have we had throughout
  history?
• 44
• Who is the first president to have been divorced?
  
• Reagan
• How many presidents were assassinated in office?
• 4 (Lincoln, Garfield, McKinley, Kennedy)

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The Evolution of the Presidency

• Constitutional Convention- how do we choose a
  leader
• Monarch- president for life (Alexander Hamilton)
• Plural Executive (voted in by all people)
• Compromise- single, elected President with fixed
  term in office

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Concerns

• Fear of a strong President- would become a
  monarchy
• No term limits (how long can one serve)- fixed
  with 22nd amendment (Washington set precedent two
  terms)
• Weak President (fear of being a tool of Senate-
  b/c of ratification and confirmation powers

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How do we elect a President?

• First ideas
• Congress elects president- but too much
  congressional dominance
• Direct election- too much weight on large states,
  vote on passions, illiteracy was common and
  communication poor
• Compromise electoral College (activity)
• People would have some input, both small and
  large state influence election, House can elect

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The First Presidents

• Washington
• 1789 -1797
• Adams
• 1797 - 1801
• Jefferson
• 1801 - 1809
• Madison
• 1809 - 1817
• Monroe
• 1817 - 1825

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Washington - Monroe

• Modest Presidency- assumed Congress would take
  the leading role in new govt
• All Active in Independence movement
• All but Adams served two terms
• All but Adams- Virginians
• Development of Political Parties (Washington
  warned)
• Only well respected men received appointments

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Growth of the presidency1829-1837

• What president would expand the power of the
  Presidency?
• Andrew Jackson
• Use of Spoils System
• Vetoed 12 Acts of Congress- most up to that point
• Ignored Supreme Court- removal of Cherokee
  (evoked eminent domain)

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Re-emergence of Congress1837-1932

• Congress re-established control
• Of next eight Presidents after Jackson none
  served more than one term
• Lincoln, Teddy Roosevelt, Woodrow Wilson- only
  powerful presidents
• During this time Presidency was seen as negative
  force Clevelands 414 vetoes
• Up until 1930s Strong personalities and crisis
  is what made president the central figure of
  government

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Modern Day Presidency

• FDR- creates powerful presidency
• Foreign policies after WW 2- leads to increase
• Cold War- Truman, JFK, LBJ, Nixon
• 70s after Nixon- Congress had some re-emergence
  of power
• 80s- Reagan restores power and prestige
• 90s- Bush-Clinton-economic bubbles, emergence in
  foreign policy, domestic policy changes
• 2000s- W. Bush, Jr- Global War on terrorism,
  broader control of foreign policy, economic crisis

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White House Staff

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The White House Office Staff

• In the past
• Up until 1857- no personal secretary
• Lincoln often answered his own mail
• Cleveland answered the White House phone
• 1901- Finally given Secret Service after McKinley
  assassinated
• Now more than 500 people work in the White house
  Staff

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The Executive Office of the President

• White House Office/Staff- West wing of White
  house (immediate)- where the power is wielded
• Always jockeying for influence- the closer to
  Oval office the better
• President organizes his staff
• 1. Circular (FDR, Carter)- Prez is the hub and
  assistants are the spokes
• 2. Pyramid (Ike, Nixon, Reagan)- assistants
  report to Chief of Staff who then reports to Prez
• Review organizational method in reading

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• Appointments to White House staff do not require
  Senate consent (example Chief of Staff)
• Have a better degree of executive privilege
  protection
• Presidents seek people who will be loyal- fewer
  divided loyalties as compared to Cabinet positions

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Other Offices of Executive

• OMB- prepares the annual budget and reviews
  federal programs
• NSC- coordinates foreign/military policy
• CEA- council of economic advisers (3 people)

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The Cabinet

• Heads of the Cabinet Depts and 6 others (OMB
  director, CIA director, White House Counselor, UN
  Ambassador, US Trade Rep, Director of Homeland
  Security)
• Appointed with Senate Consent
• Meet only at call of President (do not meet
  regularly)
• Members of Congress cannot also be part of
  Cabinet (unconstitutional)

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Divided Loyalties to President

• Most are interested in enlarging or defending
  their cabinet
• Who are they really loyal to?
• President (who gives them their job)
• Congress who funds their department
• Client Groups- who depend on the department
• To their employees in that department
• Cabinet goals- make it larger more important but
  must fight for funding
• President can only fire appointees but has little
  control of civil service employees- so has
  limited influence on Cabinet

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Federal Positions
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Who gets in?

• The President has to fill many appointments but
  those appointed is small gt10
• President depends on staff recommendations
• Even though President is not too sure how well
  they will hold up in the appointment process.

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So who are they?

• Tend to come from private industry, universities,
  law firms, think tanks, Congress, state/local
  govts
• Most have some federal experience
• Some alternate between jobs in the public sector
  and private sector (revolving door)- in and
  outers
• What about the VP?

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The Vice Presidency

• Constitutional role Pres. of Senate and Become
  president or acting President if office of Prez
  is vacant
• Helps to gain votes in an election (George H.W.
  Bush choosing Dan Quayle from Indiana)
• Little responsibility (given by President)
• More recently, have taken an active role (only a
  heartbeat away from presidency)
• Stepping stone to Presidency

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25th Amendment (1967)

• Established procedures for dealing w/ pres.
  disability and filling V.P.

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What else does the VP really do?

• VP is often selected to Balance the ticket
• Attend funerals of foreign leaders
• Most have taken an active role in Foreign policy
• Words of other
• the vice presidency isnt worth a pitcher of
  warm spit
• the most insignificant office ever conceived-
  John Adams
• I do not choose to be buried until I am really
  dead- Daniel Webster after refusing to be VP in
  1848
• What role will they play now???

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Growth of Presidential Power

• Where does president get his power?
• Article II Section 2
• Other Non-Constitutional Roles

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• 1. Unity of the Office- one man as opposed to 535
  member Congress
• 2. Presidential Character and personality strong
  leadership can have great impact.

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• 3. Growing complexity of Society with a highly
  industrial and technological society, people have
  demanded that the FED govt play a larger role in
  areas of public concern ex. Pollution, labor
  issues, air travel safety, the economy- thus the
  Executive Branch has grown to meet those public
  demands

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• 4. Congressional delegation of authority to
  Executive Branch
• Congress often writes broadly worded
  legislation- executive branch fills in the
  holes
• Congress bows to presidential demands in time of
  economic or foreign crisis
• President can proclaim necessary mandates after a
  large electoral victory (Reagans tax cuts after
  1980 election)

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• 5. The Electronic Throne bully pulpit- the
  use of the media casts the President into the
  public eye special addresses, photo ops, sound
  bites, Saturday morning radio chats

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• 6. US a great superpower- since development of
  Cold War- US was placed into a virtual non-stop
  crisis situation- only President can deal with
  various foreign crisis.

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• 3 rules of thumb to maximize presidential power
  and effectiveness
• A. Presidents need to get things done early in
  their terms when their popularity is high- since
  it declines over time Move it or lose it
• B. Avoid details- dont try too much.
  Concentrate on a few top priorities- (Reagans
  Tax cuts, higher defense spending)
• C. Cabinets dont get much done, people do-
  place more trust on getting things done with
  White House staff than Cabinet secretaries
  (divided loyalties)

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Making Presidency Safe and Effective

• What do we already know about the power of the
  office of the Prez?
• Powers of the Prez are not as clearly defined as
  in Congress- Congress grants broadly worded
  powers
• In times of emergency- power grows
• In normal times has many checks and balances- yet
  we expect Prez to do so much
• President has much power- and to what limit

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Checks that weaken prez

• Constitutional Congress, Courts
• How else do they check?
• 1. Congressional leaders
• 2. Cabinet members
• 3. Bureaucrats
• 4. Political Parties
• 5. Interest Groups
• 6. Media- gotcha journalism

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• 7. Appointment of special prosecutor- though
  still can be fired by President
• 8. Use of impeachment
• 9. Senators holds and filibusters of pres.
  nominations
• 10. Divided govt
• 11. More of a global society (must act in
  accordance to allies)

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Can we strengthen Presidents powers?

• Will we allow it?
• 1. 6 year terms- w/no re-elections
• 2. 2 or 3 presidents
• 3. Give president power to dissolve Congress and
  call for new elections
• 4. Allow members of Congress to take positions in
  Executive Branch
• 5. No more split tickets- unified party tickets
  (President, Senator. Congressman)

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Congress vs. President

• What we know
• 1. Congress supposed to be dominant force in
  govt
• 2. Recently President more dominant
• 3. Checks and Balances- supposed to be a conflict
• 4. Members of Congress more interested in state
  and local, President represents more national
  interests- example- Yucca Mt. (NV members of
  Congress oppose- President supports

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Where are there some other conflicts?

• Different times of election (at one point could
  be united party and in 2 years divided govt)
  (Clinton 1992 Dems- and 1994 Rep
• Presidents office is united while Congress has
  535 members that can be divided
• Congress more cooperative in foreign policy and
  national security issues than domestic and
  economic issues (ex. Bailout plan)

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So how does President get Congress to work for
him?

• Use of Media- electronic throne- pleads case
  directly to people
• Mandate of people- especially after a large
  electoral win
• Patronage- asks for help from members of Congress
  in turns helps them (cooperative favors-
  uncooperative- punishment)
• Chief of party- act in interest of party unity
• Veto- threat carries weight- 93 of vetoes are
  never overridden
• National emergency- most power for president
• President is considered that great engine of
  democracy- but lately President seen as too
  imperial-

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The Imperial Presidency

• 1973- Arthur Schlesingers The imperial
  Presidency- presidents power has grown too
  excessive (imperial like)
• How is this possible?
• Congress has given the executive strong
  powers..esp in foreign policy

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Areas of Abuse

• War Powers
• Only Congress can declare war vs. Presidents
  power as Commander in Chief
• President has sent in troops without declaration
  of war over 125 times since 1945
  communism-(Vietnam, panama, Grenada, Somalia)
• Congress often funds these but if public opinion
  turns then it responds (Vietnam)
• Congress does this to allow official declarations
  because then it would have to give more power to
  president- and they might not want to do that

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Response by Congress

• War Powers act of 1973
• President can send troops overseas to an area
  where hostilities are imminent without a
  congressional war declaration only under these
  circumstances.
• Rules-
• Must notify Congress within 48 hours
• Must withdraw the troops after 60 days (can be
  extended extra 30 days if safety of the troops
  requires it)
• Must consult w/Congress if troops are to engage
  in combat
• Congress can pass a resolution, not subject to
  presidential veto- to withdraw troops
• Ties the hands of the President-too inflexible
• Usurps power of the President as commander in
  chief
• Enemies just wait for 60-90 days for troop
  withdrawal
• President has complained about it but no lawsuit
  to check unconstituionality (political hot potato)

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• Emergency crisis- President assumes great powers-
  can suspend habeas corpus, censor mail, control
  manufacturing, control communication and
  transportation, martial law

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Response by Congress

• National Emergencies Act of 1976
• President must inform Congress in advance of
  powers to be used in emergencies
• State of emergency end automatically after 6
  months
• President can declare another 6 months but
  subject to cong. review

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• Executive agreements- deals with other heads of
  another nation- does not need congressional
  approval (oil for favors- weapons)
• Between 1980-1991 more than 4100 of these (only
  200 treaties)
• Most are in military commitments
• Congress and the CIA- b/c of past abuses (coups
  in Guatemala and Iran, 1970s Chile)- has
  developed 2 congressional oversight committees

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• Executive privilege- right of a president to not
  divulge conversations between himself and
  advisers
• Why- b/c if not then advisers would not be
  straightforward
• Abused under the guise of national security
• US v Nixon (1974) Supreme court stated that the
  Presidents are in fact entitled to this most of
  the time but not in criminal cases

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Response by Congress

• Confirmation of presidential appointees
• Senatorial courtesy- president will make an
  appointment within a state (will ask the 2
  senators of that state to get their approval)
• Closer scrutiny by Senate
• Can delay appointments and the holds can last for
  years (if deemed too liberal or too conservative)

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Lastly

• Impoundment- the refusal of the President to
  spend money that has been appropriated by
  Congress (not spending defense budget after end
  of war)
• No line item veto so president must sign or veto
  entire bill- might not be happy where certain
  funding goes
• Not in the constitution (Congress can be upset
  but not much they can do)
• Use of the veto-mere threat can influence
  legislation

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Response by Congress

• Passage of Budget and Impoundment Control Act of
  1974
• If president impounds funds temporarily(deferral)-
  either house can override
• If president impounds funds permanently
  (rescission)- that act is automatically voided
  unless both house of Congress approve within 45
  days.
• Established Congressional Budget Office (CBO)
• Congress given 3 additional months to consider
  the Presidents proposed budget
• Established budget committees in each house

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Other ways for Congress to control Presidency

• Legislative veto- congress authority over
  Executive decisions
• INS v. Chada (1983)- supreme court declares
  legislative veto an unconstitutional violation of
  separation of powers
• Use of appropriations to control foreign policy
  (can cut off Aid) but recently have asked
  Congress for approval of US action (Gulf War,
  Kosovo intervention, Iraq and Afghanistan)
• Some people feel that Congress inhibits changes,
  excessive control of Executive, too many
  oversights

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What will the president do in his last years of
office???