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The Power to Say "No"

Presidents can act against Congress in 3 main ways

Veto

Executive Privilege

Signing Statements

A veto can be substantial because Congress rarely has the votes to override it (4% of 2,500 vetoes)

Executive privilege allows president to claim confidentiality

signing statement: presidential document about what a president thinks of a new law and how it should be enforced

pocket veto: when the President does not sign a bill within 10 days and Congress has adjourned

challenged in United States v. Nixon (1974)

* if Congress is still in session, the bill becomes a law

  • express presidential attitudes
  • tell the executive branch how to implement
  • note that the President believes part of a bill is unconstitutional

ruling: privilege is void sensitive military or dilplomatic matters are invovled

line-item veto: blocking particular provisions in a bill while approving others

The Office of the President

The White House Office

  • the President's closest assistants

offices in the West Wing

  • oversee the political and policy interests of the president
  • do not have to be confirmed
  • usually from campaign staff & longtime associates, sometimes experts

  • This is where you will find the Situation Room

The Executive Office of the President

  • report directly to the president but not located in the WH
  • filled by appointments (traditionally nonpartisan) confirmed by Senate
  • most prolific: OMB (Office of Management and Budget)

creates the President's budget proposal, studies organization & operation of the executive branch, and plans for departmental reorganization

The Cabinet

The Executive Office of the President

The Cabinet

cabinet: heads of 15 executive branch departments of the federal government

Who Gets Appointed?

cabinet members usually:

  • come from private business, universities, think tanks, law firms, and Congress or state/local government
  • have some prior federal experience
  • usually known more for their expertise than political following

Informal Powers

  • Have to use the media to your advantage

(Reagan was known as the Great Communicator)

( JFK was charming to reporters and voters)

  • You are the leader of your political party. How is this a power?

The Reemergence of Congress

Term Limits

Election to Office: Electoral College

Benefits

  • 4 year terms
  • Early presidents refused to run for a 3rd term (copy Washington)
  • Franklin Roosevelt (FDR) successfully ran for four terms
  • 22nd Amendment set presidential term limits at two

Presidential Disability

  • After Jackson, Congress became the predominant institution
  • Partisanship began to rise, public opinion divided
  • Vice president becomes acting president in two ways
  • President informs congress in writing
  • Vice President and majority of the cabinet in writing
  • President then resumes powers by informing congress he is no longer incapacitated

The President's Role

  • Primary exceptions: Lincoln and Roosevelt, who expanded "inherent"/"implied" powers
  • Congress determines pay for President
  • 1789 pay was $25,000, Now $400,000
  • Secret Service, Air Force One
  • $50,000 a year expense allowance

  • Chief Executive – make sure gov’t programs are carried out and that laws are enforced.
  • Chief Administrator – Boss of millions of people
  • Commander in Chief – military
  • Foreign policy chief - deals with other countries
  • Chief agenda setter – what will US be doing (policy)
  • Chief of state – Symbolic figurehead of the U.S.

Jacksonian Democracy

Checks on President’s Power

era of Andrew Jackson's administration (1829-1837) change the relations between the president and Congress

  • President’s actions subject to judicial review (constitution)

  • The Media!!!!!!!

  • How has Presidential Power changed over the years?

Who Becomes President?

Formal Qualifications:

  • natural-born citizen
  • 35 years old
  • resident of the US for at least 14 years
  • vetoes based on policy grounds (not just constitutional)
  • challenged Congress
  • strong and independent presidency

Usually have substantial political background...but not necessarily at the federal level

  • most are governors, military leaders, or vice presidents
  • some are senators

Tend to be (trends, not qualifications)

  • white
  • middle or upper-class
  • well-educated
  • Protestants
  • male

The Powers of the President

  • outlined in Article II of the Constitution

The Evolution of the Presidency

  • serves as Commander-in-chief of the armed forces
  • Commission officers of the armed forces
  • Grant reprieves (cancel or postponement of punishment) and pardons (legal forgiveness) for federal offenses
  • Convene Congress in special sessions
  • Receive ambassadors
  • Take care that the "laws are fully executed"
  • Form Alliances
  • diplomatic recognition

Resolve among the framers:

Concerns among the framers

1. too much power in one person

separation of power and checks and balances

Who Becomes President?

2. overwhelming powers of the people

creation of the Electoral College

  • make treaties/trade relationships
  • appoint ambassadors, judges, and high officials
  • approve legislation

What are the benefits of being President?????

Checks on the President's Power

The Power to Persuade

The Electoral College

  • individuals are chosen to cast each state's votes in a presidential election
  • electoral votes = # of MCs

The Power to Persuade

Popularity and Influence

The Ups-and-Downs of Popularity

Richard Neustadt Presidential Power

Overall, almost every president has lost popularity from inauguration to end of administration *

argued that the president can use his national constituency and ceremonial duties to enlarge his power through persuasive powers

power of persuasion = congressional support for president's legislative programs

* exceptions: Eisenhower, Reagan, & Clinton

"The Public"

Fellow politicians/leaders

Party activists/office holders outside DC

presidential coattails are declining...

  • "honeymoon" or first 100 days
  • midterm decline
  • slight rise at end of administration

Fellow politicians and leaders

"The Public"

Party activists and Officeholders OUTSIDE Washington

...but presidential popularity can be important for Congressional support of his programs

a president's reputation among his Washington colleagues is important in influencing how much power he can wield

  • i.e. many "publics"
  • each has different interests and views
  • bully pulpit: president's use of his prestige an visibility to guide or enthuse the American public

want the president to exemplify their ideas, promote their policies, and help them get reelected

Presidential Succession

The Vice President

  • Constitution gives only 2 duties
  • Preside over the senate
  • Decide question of presidential disability
  • Vice Presidential candidate will “Balance the Ticket”
  • How have VP’s changed over the years?
  • Vice Presidential pay is

$235,100

“ I am Vice President. In this I am nothing, but I may be everything.”

- John Adams

Succession- the scheme by which a presidential vacancy is filled

25th amendment made this practice procedure (1967)

What would be some informal qualities of a President?

Impeachment

impeachment: charges against a president approved by a majority in the House

The Office of the President

like an indictment in a criminal trial

to be removed from office, the impeached officer must be convicted by a 2/3s vote of the Senate

only two presidents impeached

Chapter 5: The Presidency

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