2. Who Can Become President?
To win the $400,000 salary, rapidly age 20 years in 8 years,
plus gain $169,000 in free expenses and services you must:
Be a natural born citizen of the United States
Be at least 35 years old
Been a resident within the United States for at least 14 years
5. Overview: Model of the Framers
Presidential Power
Directed
Executor of laws passed by Congress
Appoints, but with the advice and consent of the Senate
Commander of troops called into action by a Congressional Declaration
of War
Little or no initiative
Law-making power of the president can be traced to Article II, Section 3
“He shall recommend to Congress…the consideration [of] such measures as
he shall judge necessary and expedient”
Basically, the president can recommend legislation that he feels is important
6. Hamilton Regarding the Executive
Branch
Federalist #70
A strong and energetic executive branch requires unity, duration
in office, adequate resources, and sufficient power
Hamilton argues against a plural executive (more than one
president)
“tends to conceal faults, and destroy responsibility”
Singular presidents are better suited to wield the full potential of his
power in a quick and effective way
Additionally, a singular president does not have to deal with endless
arguments and disputes with other executives with the same power
7. Many Roles of the President
President has 5 constitutional roles
Head of State
Chief Executive
Commander in Chief of the Armed Forces
Chief Diplomat
Chief Legislator of the United States
8. Many Roles of the President
Head of State – role of the president as ceremonial head of
the government
Symbolic activities
Decorating war heroes
Dedicating parks and post offices
Receiving visiting heads of state at the White House
Going on official state visits to other countries
Representing the nation at times of national mourning
9/11
Hurricane Katrina
9. Many Roles of the President
Chief Executive – role of the president as head of the
executive branch of the government
President is constitutionally bound to enforce the acts of
Congress, the judgments of federal courts, and treaties
signed by the United States
“Duty to faithfully execute the laws” is typically seen as a
source of great constitutional power for the president
10. Many Roles of the President
As Chief Executive, the president has a federal bureaucracy
consisting of 2 million federal civilian employees
However, the president has little to do with the day-to-day
functions as most of these positions are filled by civil service
employees
Civil Service – a collective term for the body of employees
working for the government
Applies to all those who gain governmental employment through a
merit system
The president cannot use his appointment power to recommend civil
service employees
11. Many Roles of the President
However, the president has appointment power over jobs for
the cabinet, subcabinet, federal judgeships, agency
heads, and several thousand lesser jobs
Appointment power – the authority vested in the president to fill a
government office or position
12. Many Roles of the President
Commander in Chief – the role of the president as supreme
commander of the military forces of the United States and the
state National Guard units when they are called into federal
service
President is the ultimate decision maker in military affairs
Presidents have exercised more authority in this capacity than
any other role
13. Many Roles of the President
War Powers Resolution – law passed in 1973 spelling out the
conditions under which the president can commit troops
without congressional approval
Requires the president to actively consult with Congress when
sending American forces into action
Once troops are sent, the president must report the deployment
to Congress within 48 hours
Unless Congress approves the use of troops within 60 days or
extends the 60 day limit to 90 days, the troops must be
withdrawn
This legislation was primarily a response to American
involvement in Vietnam during the 1960s
14. Many Roles of the President
Chief Diplomat – role of the president in recognizing foreign
governments, making treaties, and effective executive
agreements
President can extend diplomatic recognition (or refuse it) to
foreign governments
President can negotiate treaties with other nations, but the
Senate must approve it by a 2/3s vote
Successful treaty – Clinton and NAFTA (1993)
Unsuccessful treaty – Wilson and the League of Nations (1919)
15. Many Roles of the President
Chief Legislator – role of the president in influencing the
making of laws
Presidents in the 20th century have increasingly played a
prominent role in creating legislative agendas
State of the Union address – annual message to Congress in
which the president proposes a legislative program
Message addressed to Congress, the American people, and the world
Its impact on public opinion determines the way in which Congress will
respond to the president’s agenda
16. The President and Legislation
Responding to legislation
If the bill is signed by the president, it becomes law
If the bill is not signed after 10 Congressional working days, it
becomes law without the president’s signature
The president can reject the bill and send it back to Congress
with a veto message indicating his/her issues with the bill
Congress can then change the bill to secure presidential approval, or
Congress can reject the president’s objection and override the veto with
a 2/3s vote in both the House and Senate
17. The President and Legislation
Responding to legislation
Pocket Veto -- If the president refuses to sign a bill and Congress
adjourns within 10 working days after the bill has been submitted
to the president, the bill is killed for that session of Congress
Line-item Veto – allows the president to veto individual lines or
items within a piece of legislation without vetoing the entire bill
18. Other Presidential Powers
Constitutional Powers – power vested in the president by
Article II of the Constitution
Statutory Powers – powers created for the president through
laws enacted by Congress
Expressed Powers – powers of the president that is
expressly written into the Constitution or into statutory law
19. Other Presidential Powers
Inherent Powers – powers of the president derived from the
statements in the Constitution
“the executive Power shall be vested in a President”
President should “take Care that the Laws be faithfully executed”
Essentially powers defined through practice rather than law
Emergency powers are a prime example
Emergency Powers – inherent power exercised by the president
during a period of national crisis
FDR – Japanese internment during WWII
GW Bush – Patriot Act and other necessary means to fight the war
on terror
20. The Institutional Presidency
The Modern Presidency is Institutional
Circumscribed by rules, expectations, and organizations
The presidency is now a leadership role
Budgetary power and legislative agenda-setting
The Budget and Accounting Act of 1921
Established the framework for the modern federal budget
Essentially gives the president the first strike in budgetary politics
Created the Office of Management and Budget (OMB)
Created the Government Accountability Office (GAO)
Non-partisan audit, evaluation, and investigative arm of Congress
21. F.D.R. and the Institutional
Presidency
Agenda-Setting: The first “Hundred Days”
Set a standard that virtually all presidents attempt to adhere to
Personal Presidency
Electoral connection
Use of media
“Fireside Chats”
President as the national savior
President as party leader
Begins with Theodore Roosevelt and becomes institutionalized with
Woodrow Wilson
22. Presidential Influence
Authority is important but power means more than authority
The president is powerless unless he/she has the power to persuade
others of their views
19th century model of the presidency was one of clerkship
The president followed Congressional orders and executed laws
20th century model is all about new possibilities for persuasion
Institutions and bureaucratization take a backseat for TV, Internet,
radio, national media, etc.
Where are we now?
The persuasiveness of the individual occupying the executive office
is more important today than in the past
23. Going Public
A president “promotes himself and his policies in Washington
by appealing to the American public for support”
How does he/she do this?
General public appeal (TV, Internet, radio, national media)
Going to specific constituencies (or interest groups) where swing
votes for legislation lie
Unique presidential strategy
Aside from the few members of Congress who gain a national
following, only the president can appeal to the whole public
24. Does Going Public Work?
Optimistic View
Presidents get a boost in the legislative agenda for programs that
they mention in their State of the Union address
Pessimistic View
Underestimating the public’s reaction can have disastrous effects
on legislative agenda
Overall
Before going public, a president must be sure that
They have public opinion on their side
A counter-mobilization (cohesive opposition) will not occur
25. The Cabinet
The Cabinet – an advisory group selected by the president to
aid in making decisions
Includes 15 heads of executive departments and others named
by the president
Originally included secretaries of state, treasury, war, and the
attorney general
Neither the Constitution nor statutory law requires the president
to consult with the cabinet
It is a purely discretionary group
26. The Vice Presidency
The Constitution does not give much power to the Vice
President
Only format duty is to preside as president of the Senate
He/she is expected to participate only informally unless he/she is
breaking a tie
Presidents traditionally have chosen VP nominees that help
balance the ticket, attract groups of voters, or appease party
factions
Lincoln choosing Southerner Andrew Johnson in 1864
Kennedy choosing Texan Lyndon B. Johnson in 1960
27. The Vice Presidency
Presidential Succession
8 VPs have become president after the death of a president
John Tyler “His Accidency” was the first
Andrew Johnson was probably the worst
The Constitution is rather vague on presidential succession in
cases of permanent/long-term disability
Article II, Section 1 – “in Case of the Removal of the President from
Office, or of his Death, Resignation, or Inability to discharge the Powers
and Duties of the said Office, the same shall devolve on the Vice
President.”
25th Amendment – 1967 amendment that establishes procedures
for filling presidential and vice presidential vacancies and makes
provisions for presidential incapacity