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The Presidency
The Most Powerful Office in the World

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The President’s Powers

Formal Powers set by U.S.


Constitution, Article II

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Article II Powers

 ‘Executive Power vested in a President.’


 ‘He shall hold his Office four Years and with the VP chosen
for the same Term, be elected, [by the electoral college
system].
 Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State
may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.

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Article II Powers

 No Person except a natural born Citizen, or a Citizen of the United


States, at the time of the Adoption of this Constitution, shall be
eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident within the
United States.
 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.

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Article II Powers

 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.
 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.

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Article II Powers

 Section. 3.
 He shall from time to time give to the Congress Information of the State
of the Union, and recommend to their Consideration such Measures as
he shall judge necessary and expedient; 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.
 Section. 4.
 The President, Vice President and all civil Officers of the United States,
shall be removed from Office on Impeachment for, and Conviction of,
Treason, Bribery, or other high Crimes and Misdemeanors.

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Article II Powers

 Legislation?
 Not found in Article II

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Article I

 Section. 7. All Bills for raising Revenue shall originate in the House …
but the Senate may propose or concur with Amendments as on other
Bills.
 Every Bill [passing] the House and Senate, shall, before it become a
Law, be presented to the President of the United States: If he approve
he shall sign it, but if not he shall return it, with his Objections to that
House in which it shall have originated… If after such Reconsideration
2/3rds agree to pass the Bill, it shall be sent to the other House and if
approved by two thirds of that House, it shall become a Law.
 If any Bill shall not be returned by the President within ten Days
(Sundays excepted) after it shall have been presented to him, the Same
shall be a Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which Case it shall
not be a Law.

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Article I, Section 7 Continued

 Every Order, Resolution, or Vote to which the


Concurrence of the Senate and House of
Representatives may be necessary (except on a
question of Adjournment) shall be presented to the
President of the United States; and before the
Same shall take Effect, shall be approved by him,
or being disapproved by him, shall be repassed by
two thirds of the Senate and House of
Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.

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The Expanding Presidency: A Tale


of Two “GW’s”
 George Washington’s Budget: $4 million
– 700 armed troops
– Population 4 million
 George W. Bush’s Budget: $1.8 Trillion
– 1.4 million troops, 2.4 million civilian employees
– Population 300 million

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Historically Great Presidents

 Washington: Set an early pattern of a


temporary executive.
 Lincoln: Greatly expanded Presidential
powers to save the Union.
 T.R.: The first imperial president… expanded
federal powers and consolidated the welfare
state.
 Woodrow Wilson: The Great Reformer

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Historically Great Presidents

 FDR: Brought America out of the depression…


presided over an incredible expansion of federal
government. Served from 1932 until 1944.
 LBJ: Tried to fight three wars at once but won only
Civil Rights.
 Reagan: Brought an end to the cold war. Set a
new path for government
 Clinton and Bush: So far, so bad… per historians…
but we’ll have to wait and see.

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Recent Presidents

 America in transition:
– George H.W. Bush: Won the first Gulf War but left the job
unfinished.
– Bill Clinton: Presided over an incredible economic
expansion. Wasn’t a terribly active President. Believed
in “small ball” government.
– George W. Bush: Revolutionary in some ways. Presided
over the war on terror. Government has grow under
watch. Main legacy will be expansion of Democracy…
it’s not yet known how successful that will be.

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Roles of a President

 Ceremonial: Head of State


 Legislative Leader: Bully pulpit and Article I
Powers
 Manager of the Economy: Overrated
power… but important politically.
 Foreign Policy Leader: Controls executive
agencies, sets the tone of the debate, drives
the agenda, controls the military

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War Powers

 Congress, Article I:
– 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 for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving
to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia according
to the discipline prescribed by Congress;

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War Powers

 President has historically been recognized to


have the power to commit troops short of
war.

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War Powers Act

 Passed in 1972 by Congress


 Gave President 60 days for military action
before requiring him to come to Congress for
further approval
 Most Presidents have ignored… Supreme
Court likely to stay out of it.

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Presidential Team

 VP: From John Nance Garner to Dick


Cheney
 The Office of Management and Budget (vs.
the Congressional Budget Office)
 Council of Economic Advisers
 The Cabinet: Secretary of State, of Defense,
of Health and Human Services, of Energy, of
the EPA, of Interior, of Labor, of
Transportation, Director- CIA

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The Presidency
& the
Executive Branch

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The President and the Pyramid

 1999: Bill Clinton is President. Seattle, WA


is hosting a meeting of the World Trade
Organization. The WTO has drawn the ire of
numerous anti-globalization activists.
Clinton, while free trade, wanted to take
some of the protestors’ suggestions and
make them a part of policy.

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The Base or the Structural Level

 International: The U.S. has long advocated for


global policies of free trade and economic
interdependence. This system has resulted in
stability and prosperity for many nations abroad. At
the same time, there are many foreign losers.

 International: Commerce has advanced to the


point where physical boundaries are less relevant.

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The Base or the Structural Level

 Economy: America’s companies and workers


have largely benefited from the free trade
system.

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The Base or the Structural Level

 Society: The American people are largely


ambivalent to free trade. They resent it
when it’s perceived to have cost them jobs.
They give it rhetorical support otherwise.

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The Base or the Structural Level

 Constitution: Treaties are the law of the land


under the constitution. America has ratified
many treaties impacting free trade.

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Political Linkages

 Interest Groups: Business want free trade


expansion and incorporation of rules
favorable to them in trade agreements.
 Interest Groups: Labor groups oppose free
trade.
 Interest Groups: Many left leaning
organizations oppose free trade.

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Political Linkages

 Protests, Demonstrations- Should this be


added to the pyramid? The interest groups
protests’ take on a life of their own. At times
they become violent.

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Political Linkages

 The Media: They cover the protests and


attempt to get at the angst that causes them.
They serve to bring attention to (some of
the) protestors’ causes.
 Elections: President Clinton wants to help Al
Gore become President in 2000.

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The Parties

 Democrats: President Clinton has worked


hard to create a new perception for
Democrats. He supports free trade. At the
same time, many in his party, including labor,
oppose free trade expansion.
 Republicans: Poised to support candidates
against Democrats. If they can take
advantage of free trade riffs, they will.
(Typically close to business)

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Political Linkages

 Public Opinion: Public usually rhetorically


supports free trade. There are no
galvanizing events at this time to rally them
to the anti-free trade crowd. Protestors may
hurt the cause’s image among the public.

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Government

 Congress: Tends to be slightly free trade


absent some galvanizing event.
 Courts: Non-player for now.

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Governmental Level

 President Clinton: Strong believer in free


trade with protections for the environment.
Feels pressure from interest groups on both
sides.

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Policy

 So the President endorses both sides… calls


for more labor protection and environmental
protections in WTO but supports more trade.

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Federal Bureaucracy

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Federal Bureaucracy

 The totality of the departments and agencies


of the executive branch of the national
government.

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Hostile Political Culture

 Americans generally distrusting of


government.

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Civil Servants

 Civil Service: Federal Government jobs held


by civilian employees excluding political
appointees.
 Civil Servant: Government workers
employed under the merit system. These
are not political appointees.

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Bureaucratic Hodgepodge

 Incoherent organization… few clear lines of


responsibility.
 Divided control: Bureaucracy in many ways
answers to two bosses- Congress and the
President.

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The Evolution of the Federal


Bureaucracy in America
 Post Civil War: Except for military in the
south, fairly small. Bureau for unclaimed
lands and Indian Affairs. Ag in response to
farm crisis.
 Early 20th Century: Bureaucracy expands to
meet new needs: food and drug act, banking,
anti-trust laws. Prohibition and anti-
communism.

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The Evolution of the Federal


Bureaucracy in America
 The Great Depression and the New Deal:
Work for unemployed (WPA), relief for the
poor, Social Security, agricultural subsidies,
labor law enforcement.
 WWII: Some war time controls and rationing.

 Post-WWII: CIA, Department of Defense,


Atomic Energy Commission, Anti-
communism

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The Evolution of the Federal


Bureaucracy in America
 The Regulatory State: Environmental
protection, urban affairs, consumer
protection, drug safety, education
 The Reagan Devolution: From 1980-2001 we
saw increasing rollbacks of government.
The war on poverty was surrendered. Less
oversight on the economy. Increase in war
on drugs. Welfare reform. Largely
Republican led.

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The Evolution of the Federal


Bureaucracy in America
 Post 9/11: Homeland Security Department
and the nationalization of airport
security/baggage staff. Increase in scope of
activities for NSA, CIA, FBI

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The Executive Branch

 Departments
 Bureaus and Agencies
 Independent Executive Agencies report to the
President
 Government Corporations: TVA, USPS
 Quasi governmental orgs- Government
involvement, outside control
 Independent Regulatory Commissions- Control
vested outside of political authority. (SEC)
 Foundations- Private orgs with federal $$ and input.

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Bureaucrats’ Jobs

 Execute the law


 Regulating (Fleshing out the law)
 Adjudicating (not courts)

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Civil Servants and Political


Appointees
 Civil Servants- Career oriented. Usually with
agency for years. Have protections from
political firings.
 Political Appointees- Usually come in at the
top of the bureaucracy. Serve at the whim of
the President. Much more ideological. Only
there for a short time.

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Public Pressure and Bureaucracies

 Public pressures bureaucracies usually only


indirectly… public does pressure Congress
and President directly.
 President and Congress provide often
contradictory or incomplete “orders” to
bureaucracies after public pressure.

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President’s Control over the


Bureaucracy
 Not absolute… ex. branch implements law.
 Civil Servants have merit employee
protection.
 President doesn’t completely control the
agencies purse.
 Usually exercised through appointment of
bureaucratic heads. Also has power to
attempt to change the law, executive order

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Congressional Control over the


Bureaucracy
 Not direct… more removed than the
President’s.
 Oversight: Are agencies doing what they’re
supposed to be doing.
 Appropriations: He who has the gold makes
the rules…
 Law: Executive branch implements and
bound by the law… Congress can change.

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Congressional Control over the


Bureaucracy
 Confirm Agency Heads
 Inspector Generals

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Reforming the Bureaucracy

 Reorganizing bureaucracies
 Privatizing government services
 Whistleblower protections

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