The Executive Branch

- Created a singular executive

- A limited checked president

• Constitution vested all power in one President
• Various institutions have developed to help fulfil his constitutional roles. But as President Truman said "the buck stops here."

• "Balances the ticket" in a presidential election but has no constitutional role apart from presiding over the Senate and a brokering a tied vote.
• "A hearbeat away from the Presidency" - the main constitutional significance of the office is that the VP will become President if the incumbent dies in office.
• However, the Office has changed somewhat in recent years: **** Cheney was believed to be the power behind the throne in the G.W. Bush presidency.
• Mike Pence was picked because of - religious right, experience, social conservative. 

• Chief Executive - executive power is given only to the President. The executive branch of government and its coordination are under the president's control and he is responsible for the federal budget, setting out of the policy agenda for the USA. Executive powers also include the powers of patronage and pardon.
• Commander-in-chief - The President is leader of the US armed forces and responsible for their deployment.
• Chief Diplomat - The Constitution gives the President the power to make treaties with other countries, although increasing presidents use "executive agreements", thus avoiding the need for Senate ratification.

The office of president today is very different from that envisaged by the framers of the Constitution in 1787 - the circumstances that have given rise to modern presidential power could not have been foreseen.

1) Chief Legislator

2) World Leader

3) Party Leader

4) Head of State

• Two factors in particular have allowed the stretching of power of the office:
• The Presidency is the only institution of US government capable of acting quickly and decisively in a crisis, so providing leadership for the country.
• The President is the only nationally elected politician speaking for the national interest within a fragmented system of government. 

• However the balance of power between the President and Congress is not fixed but fluid, and changes with circumstances and events. The ebbs and flows tend to be characterised by a pattern of:
• Presidencial Dominance: during times of economic or foreign policy crisis, such as during the Cold War or after 9/11.
• Congressional Reassertion of power when the crisis is over.

• Congress
• Supreme Court
• Public Opinion
• Pressure Groups
• The media
• The federal bureaucracy
• Also President's party may not be majority party in one or either House. President is physically separate. 

- Sometimes a number of factors combine to make the presidency powerful.

- The President is usually stronger if recently elected or re-elected with a large majority of the popular vote.

- At a time of crisis, the presidency usually becomes more powerful, especially when that crisis is associated with a threat to the nation's security.

- When one party controls the White House and both Houses of Congress.

In his book of the same name Wildavsky argues that the Constitution divided power over domestic policy between legislature and executive far more effectively than it did foreign policy powers. 

He therefore draws a distinction between the weaker domestic policy President and the more effective foreign policy president. 

• Clinton struggled to achieve his main goals in domestic policy (e.g. healthcare reform), yet was seen as a success on the international scene (e.g. brokering a peace deal over Palestine.)
• George H. Bush success in the first Gulf War contrasted sharply with his problems in domestic policy - particularly with respect to the economy. 
• George W. Bush: Congress stuggled to rein in Bush's activities in Iraq during his final term, he became a virtual "lame duck" with respect to domestic policy from 2006 onwards.

- Becomes President if President dies or becomes disabled. (25th Amendment)

- Counts and announces the Electoral College Vote.

- Presiding Officer in Senate.

- Cast a deciding vote in the Senate.

• USA developed into pre-eminent global power so President's role has developed.
• Increased number of Washington outsiders/lack of experience.
• Longer more expensive presidential campaigns. 

5 ways in which DC played an enhanced role as VP:

1) Personally drew up a shortlist and vetted Bushs' successful nominees to the Supreme Court.

2) Coordinated emergency response to 9/11.

3) Spokesman for adminstration in several important policy areas.

4) Connections in Congres helped to advance Bushs' legislative agenda.

5) Bought experience

Circumstances:

a) 9/11

b) Iraq

VPs role is what the President makes it and the circumstances e.g as above. They all have Constitutional Powers. 

Definition:

The advisory group selected by the president to aid him in making decisions and coordinating the work of the federal government, membership of which is determined by both tradition and presidential discretion.

Membership:

Heads of executive departments (15). The President has the discretion to award cabinet rank to other administation officials too. 

In January 2012 Obama elevated Administrator of the Small Business Administration to Cabinet status. Signally the importance Obama placed on small business in promoting economic growth.

The First Obama Cabinet:

- 4 women appointed to Head of Executive Departments.

- Most racially diverse ever: 7 out of 15 were ethnic minorities.

- Regions included: California, Arizona, Colorado, Illinois and New York.

- Average age = just over 55.

- Political Ideology: Retained Bush's Secretary of Defence. Appointed Republican Congressment as Secretary of Transportation.

Historical Background:

Has been a feature of federal government since 1789 yet there is not direct reference to it in the Constitution. Constitution does state in Article II that a President 'may require the opinion in writing of the principle officer in each of the executive departments upon any subject relating to the duties of their respective offices.'

What factors does the President consider when choosing his cabinet?

1) Age

2) Gender

3) Ethnicity

4) Geographical Location/Region

5) Political Ideology

Comparison with the UK

- Not drawn from legislature

- President is not "first among equals"

- No collective responsibility

Frequency of Meetings

Various - depends on President

• Reagan first year = 36
• Clinton first year = 6
• G.W. Bush = 49 in 8 years = just over 6 a year
• Obama (2009-2012) = 16 = on average 4 a year. 
• Tends to decrease each year: Reagan                             1st = 36    2nd = 21   3rd = 12    4th = 12 

Importance:

• President is head of Executive, no collective decison making or collective responsibilty.
• Meetings are brief and infrequent.
• If President wants advice they often turn to individual cabinet officer or EXOP.
• Cabinet members may regard each other as rivals for money and resources.
• Cabinet can be of value in setting the tone for his administration, developing major initiatives and briefing cabinet officers that he would not normally see.
• Cabinets importance as a body is limited. The importance of it individual members can be significant/considerable.

How is the Cabinet Selected?

• "No Shadow Cabinet waiting to take office."
• Separation of powers - cannot be members of Congress - have to give up seat if agree to serve in Cabinet.
• Need for Senate Approval - cannot be too controversial John Tower rejected 1989. Rejection by Senate is rare, however Presidents have been known to withdraw nominations if they felt they might be rejected e.g. Tom Daschle 2009.

• Advisory not decision making therefore less important to fill with political allies (but usually choose people with shared political objectives).
• Can be from a different party to demonstrate bi-partisanship.
• Ideological balance: different wings of party "to inspire debate."
• Specialist knowledge and competence to head a government department (in UK chosen for political capabilities.)

• Good advice e.g. George W. Bush' education advisor was the head of the Texas state education board.
• In the UK PMs are more concerned with political characteristics and party support.
• "Looks like America" Clinton - race, gender, age, religion but because of the need for expertise it is difficult for Presidents to create a diverse Cabinet even if they wanted to. 

Functions of Cabinet Meetings for President

- They can engender team spirit. This is especially important at the beginning of an administration.

- It is important for President's to appear consultative.

- Information giving and gathering.

- Some use as forum to debate policy.

- The President sometimes presents "big picture" items.

- Some President's have used cabinet meetings to check up on legislation going through Congress in which they have particular interest.

- Provide an opportunity for the President to see cabinet members whom he would not otherwise be likely to see.

- George W. Bush Sept 2002 Cabinet meeting to push for congressional action on three key issues: the budget, the passage of the Homeland Security Bill and authorisation for military action against Iraq.

What are the functions of the Cabinet?

• Cabinet members are responsible to the president for the federal departments that they head. As such they: implement the President's agenda in their specialist areas.

• Appear before the powerful congressional committess to represent the president's wishes and plead for funding and support for the President's policies.

• Attend meetings with the President, if and when required, to give advice. Often these are bilaterla meetings to advise rather than full cabient ones to discuss.
• Assist the President when full cabinet meetings are called to coordinate policy between the various federal departments involved in US Government.

How important is President's cabinet?
- The power of the cabinet is not fixed and unchanging.

- It depends on variable such as the personalities involved or the governing style of the President.

-It is important to differentiate between the cabinet as individuals and as a group.

-Clinton's cabinet met rarely but as individuals some were very important e,g, Madeleine Albright.

- George W. Bush, a relatively inexperienced Washington outside, was willing to delegate to strong and experienced cabinet members e.g. Cheney and Condoleezza Rice.

- Individually its members are very important - they run large departments and have huge budgets. BUT the President's cabinet can never be of prime importance.

Why?

• It has a rival, EXOP.
• All executive power lies with the President.
• No collective responsibility.
• Cabinet officers are not rivals.
• Members of the cabinet have loyalties other than to the President e.g. their department. 

It is often said that president's do not trust their cabinet secretaries' close links and loyalty to the federal department that they head and its permanent bureaucracy, nor their stong links with congressional committtess and special interest lobbies because of their shared interests and close relationships. It is feared that the "go native" or are captured in the so-called iron triangles, where policies are made and executed to the benefit of all parts of the triange. Presidents are also aware of "clientelism", where close links develop between the agencies and those that are supposed to be regualting (known as "agency capture"). The presidential policy agendaa is lost sight of in the process, with the president unable to exercise control.

This is why presidents turn to their political "cronies" and advisers in EXOP.

Yes:

• It contains some of the most important people in the Executive Branch e.g. Secretary of State, Secretary of Defence.
• All the heads of the 15 executive departments are automatically members.
• The President always chairs the meetings.
• Cabinet meetings can fulfill a number of important functions, both for the President and for Cabinet Officers.
• Some Presidents hold frequent meeting e.g. Carter and Reagan.

No:

• Article II of the Constitution vests "all executive power" in the President.
• There is no doctrine of collective responsibility.
• The members of the President's cabinet are neither his equals nor his political rivals.
• The President often views members of his cabinet with some suspicion because they have divided loyalties.
• EXOP is the main source of advice giving for the President.
• Comments from those who have served in the cabinet sugges that the meetings are often boring and do not often cover matters of great substance.

Functions of cabinet meetings for cabinet officers:
> Provide initial get-to-know-you opportunites.

> Can be used to resolve interdepartmental dispute.

> Prove a useful opportunity to speak with other cabinet officers.

> Possible to talk to President after - can take advantage of President - he agrees too readily to what may appear to be an innocent, off the cuff request from a cabinet officer.

> Attendance at cabinet meetings gives cabinet officers increased standing back at their department.

Definition: The top staff agencies in the White House that give the President help and advice in carrying out the major duties of his office. Its primary functions are coordination, advice giving and personal management. 

Origins: Administrative support was needed after the New Deal and The Great Depression.

The White House Office (WHO): Often described as the 'invisible presidency', the WHO is made up of the president's closest aides. The key figure is the chief of staff (currently Reince Priebus, but also includes the president's speech writers, congressional liason team and press officers. 

• Made up of the president's closest advisors.
• Change with each administration.
• Leading office in EXOP.
• Responsible for acting as a communication channel to the president, deciding what he needs to deal with personally. 
• Roles include: writting speeches, media strategy, liasing with Congress and giving legal and political advice.

The National Security Council (NSC): Headed by the national securing advisor (currently HR McMaster), the NSC advises the president on domestic, foreign and military matters relating to national security. It competes for power and the "ear of the president" with the State Department and the Defence Department; this can lead to conflict within US foreign policy e.g. over the conduct of the war in Iraq. 

The Office of Management and Budget (OMB): The OMB constructs the federal budget, thus coordinating the legislative priorities and spending plans of the federal government departments and agencies. The OMB may provide different advice to the President from that given by the treasury secretary or the council of economic advisors, which is also in EXOP.

Why is EXOP so important to the President?

The President relies on the advice and expertise of EXOP as an alternative to that coming from the cabinet secretaries, who may have conflicting interests. In contrast, the president trusts his advisors in EXOP, who are loyal only to hum and his needs and wishes, and who follow his agenda. 

EXOP more powerful than cabinet?

- Not scrutinised by Senate (unaccountable) - congressional committees.

-Closer to President physically and politically - meet more often.

- They don't have individual departments to manage.

- Choosen by President due to political loyalty.

Structure and role of EXOP: It is a group of offices or agencies.

Key agencies in EXOP: Council of Economic Advisors, National Economic Council, National Security Council & Office of the Management of Budget. 

Tensions between the Cabinet and EXOP:

- Geographic proximity - EXOP is in the White House, Cabinet members may have their offices over 10 minutes away.

- Members of the Cabinet have to manage their departments while dealing with the demands of Congress. Pressures that EXOP staff avoid.

Other Criticisms of EXOP:
1) The President can become isolated, remote and overprotected from the realities of life outside the Oval Office, listening only to his 'political cronies', who have often come with him into the West Wing from his home state, and taking advice only from them. Examples include Karl Rove, Bush's close advisor and David Axelrod from Obama. 

2) EXOP is unelected and unaccountable despite its huge power and influence, with few of its members subject to Senate confirmation or to congressional oversight as cabinet members are.

3) 'Policy drift' occurs with disputes between the cabinet secretaries and their EXOP counterparts, leaving the President perhaps caught between the conflicting advice. Woodward illustrates this in his book 'Obama's War' which highlights policy diputes between his foreign and security advisers on the Iraq and Afghanistan war. 

Criticism of Obama's appointments to the White House:

- Obama's West Wing is inexperienced at governing at the executive level and filled with people who are in their jobs because of their Chicago connections or because they signed on early during his presidential campaign.

- 22 out of 39 of top positions in White House Office are taken by people involved in Obama's presidential campaign or transition team.

-This is not uncommon.

4 factors that might restrict the president in his choice of cabinet:

1) Subject to Senate approval.

2) Due to separation of powers; not many willing to give up seat.

3) Have to/ usually have expertise.

4) 'Look like America' - balance with respect to region, race, gender and ideology.

"The cabinet is one of those institutions in which the whole is less than the sum of its parts"

Meaning: the individuals are more important than the whole cabinet collectively.

For what reasons might a president wish to hold cabinet meetings?

• To boost moral
• To discuss a key event
• To present big ticket items

Compare the relative significance of the cabinet and EXOP:

EXOP is nearer geographically and ideologically as they don't need Senate approval. Cabinet members have other responsibilities - departments to manage.

• Negotiate treaties
• Commander - in - chief of the armed forces
• Veto legislation
• Propose legislation
• Submit the annual budget
• Act as chief executive
• Nominate federal judges
• Nominate executive officials

• Confirmation (Senate)
• Declare war
• Power of the purse
• Amend the budget
• Investigation/impeachment/removal
• Amend/block legislation
• Ratification (Senate)
• Override veto

• Executive orders
• Undeclared wars
• Executive agreements
• Recess appointments
• Signing statements

These are directives, issued by the president to the federal bureaucracy, in which they are given guidance on their role of executing and applying legislation. While they do not circumvent Congress and the normal legislative process, they do allow the president to engage in limited policy making by interpreting and directing federal agencies in their execution of the laws.

In DT's first 2 months he signed 45 of these. Including two travel bans, the first of which was found to be unconstitutional. 

• Where the President has the opportunity to assert his personal reservations regarding some elements of the legislation or even make an assertion about how the legislaton should be applie and interpreted by executive agencies. 
• Line item veto: President vetos certain aspects of a bill rather than the entire bill  - ruled unconstitutional in Clinton v City of New York.
• President Bush was so keen to issue signing statements as he didn't really like the laws that were being passed e.g. Dec 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman and degrading treatment.

ABA's opposition to the use of signing statements:

- Undermines rule of law.

- Constitutional system of separation of powers is undermined: a) Congress cannot override veto. b) Shuts off policy debate between the 2 branches of government.

- Gives President too much power.

• Particular presidents have taken actions that have enlarged the scope of the office and set a precedent. E.G. In 1803, Thomas Jefferson agreed the purchase of French Louisiana, thereby doubling the size of the USA. Congress was not consulted.

• The US became a military 'hyperpower' this dramatically transformed the president's role as commander in chief. E.G.Since 1945, the president has had responsibility for a nuclear arsenal and has been at the centre of world affairs.

• Supreme Court rulings have bolstered presidential power. E.G.In US v Curtiss-Wright Export Corporation, the court confirmed that the president had primacy in the making of foreign policy.

• EXOP has become large scale institution. E.G. The EXOP was established in 1939 amd now employees a staff of about 1600.

• Since Roosevelt's New Deal it has been accepted that federal government has an important role to play in times of economic hardship. E.G. In response to the 'credit crunch' Congress accepted Bush's proposal of a $700 billion taxpayer bailout of the banks.

• Under the federal system, the states have a large degree of fiscal and legislative autonomy, which therefore acts as a check on the role of the federal government. E.G. President Bush publicly supported a 'Defence of Marriage' constitutional amendment, and 38 states have defence of marriage laws; yet several states including California and Hawaii, allow same sex unions.
• Since the 1970s the media have become more frequently hostile towards presidents. E.G. President Bush was openly criticised by the media for what many see as policy mistakes in Iraq and the perceived erosion of civil liberties in the USA.

• Pressure groups may heavily fund a presidential election campaign and then extect 'payback' when their candidate takes office. E.G. The Christian Right put huge pressure on Bush to cast his first veto of legislation approved by Congress; the Stem Cell Research Enhancement Act. 
• Both Congressmen and Senators have a tradition of acting independently of their party, and may even oppose a president from their own party - particulary when he is unpopular with the electorate. E.G. In 2005 the Republican controlled Senate voted in favour of Senator's McCain's Detainee Treatment Act, even though Bush publicy opposed this restriction on the use of 'torture'.

• The federal bureaucracy consists of about 3 millions employees. They tend to be heavily departmentally focused and can frustrate the intentions of a president.

The result of presidential persausion

Why must we be careful about using presidential support score as a guide to presidential success?

Having ones party control both Houses usually results in a high support score.

Score doesn't measure the importance of votes.

President's can avoid low scores by simply not taking positions on votes they expect to lose - in recent years there has been a significant decline in the number of votes on which the President have declared a position. 1978; Carter = 306. 2011; Obama = 184

Scores does not count bills that fail to come to a vote. 

How have changes in Congress and the US political system made the president's job of building support in congress more difficult?

• Declining levels of party discipline.
• Less likely these days that the President and a majority of both houses will be of the same party.
• Members of Congress are now more aware of constituents wishes. 
• Changes in the methods of selecting presidentila candidates have resulted in Washington outsiders becoming President - they know less about the workings of Congress and do not have ties with members of Congress.
• Significant fragmentation of power within Congress. Power of leadership has been eroded as Congress has become more democratic and power more diffused.

• The US President cannot command Congress.
• Presidential power is the power to persaude.

What conditions facilitate success in Congress?
1) Popularity - big election victories and high approval ratings.

2) Control of both chambers by President's party.

3) An understanding of Washington politics.

4) A crisis can rally Congress.

Persausion: Essentially Presidents get their way through persausion -

People used...

• Vice President
• Office of legislative affairs
• The cabinet and key White House staffers
• Party leadership in Congress - House Speaker, Majority & Minority leaders of both Houses, the party whips, the committee chairs and ranking minority members. 

Methods used by the President:

• Phone calls to members of Congress
• Invite members to the White House
• Offer to campaign for them in the next congressional elections.
• Might take a very proactive role (speak to Congress)
• Might appeal over heads of members of Congress by going on nationwide TV.
• Might offer help with legislation that benefits that member's state or district.

Obama's attempts to persaude Congress to support the health care bill

• Met with 11 House Democrats at the White House
• Addressed the DNC winter meeting
• Delivered the State of the Union address to Congress
• Among other things.

Success will depend upon...

• Whether the President is in his 'honeymoon' or 'lameduck' final period of office.
• Whether he is in his first of second term of office.
• Whether or not he has clear priorities, leadership vision and a governing strategy.
• Whether his public approval ratings are high or low (Bush 25% at end of second term but over 90% after 9/11)
• Whether he has long electoral 'coat tails'.
• Whether his party controls Congress.
• Whether or not he has a strong mandate (Obama 53% in 2008, Clinton 43% in 1992).

• Whether he is a Washington insider and skilled in the ways of Washington.
• Whether or not he has good political and leadership skills.
• The events are circumstances that dominate his presidency. In times of crisis both Congress and the Supreme Court tend to defer to the president as he 'wraps himself in the flag'.

Bill Clinton:

First term: Democrats controlled both Houses

Legislative Achievements:

• Family and Medical Leave Bill
• Motor Voter Registration Bill
• National Service Project
• Brady Bill
• NAFTA

Limitations:

• The first 4 were holdover bills from the Bush Administration. Congress had already passed them and they had either been blocked or vetoed by Bush.
• There were significant parts of Clintons legislative agenda that bit the dust in the committee rooms of Congress e.g. passing legislation concerning drinking water, toxic waste and welfare reform etc. 

Comment/Reasons:

• Clinton could claim no mandate he had won with only 43%.
• No coat-tails for Congressional Democrats to hang on to. Out of the 258 House Democrats elected 243 out polled the President in their own district. Democrats lost 10 seats in the House too.
• Clinton lacked Washington experience and added a White House staff who knew little more.

Clinton January 1995: Republicans controlled both Houses. Republicans charged through "Contract with America" items. Clinton's reaction: Left to govern by the veto pen (vetoing things). In April - President was even forced into insisting in an interview that he 'was relevant.'

1996: Why and how did this year prove to be more successful for Clinton?

Both Congressional Republicans and a President running for re-election wanted to have some achievements lay before the voters.

President got a minimum wage increase and health insurance reform. While Republicians got a huge cut in domestic spending.

1997-8: Dominated by Monica Lewinsky scandal and the impeachment.

1998-2000: Why was there something of a comeback for Clinton?

• Speaker Newt Gringrich and his designated successor Bob Livingston resigned.
• 1998 for the first time since 1822 a second term President's party gained seats in a midterm election.
• BUT Presidential support score sank to 37.8% in 1999 the lowest for any President since these scores were first published in 1953 apart from his own 36.2% in 1995.

Power President:

• Wars in Afghanistan and Iraq were declared with no official authorisation from Congress as an act of self-defence.
• A new executive office - the Department for Homeland Security - was created to develop and coordinate a national counter-terrorism strategy
• The USA Patriot Act, which extended the executive branch's powers of survelliance and prosecution, passed through Congress with little opposition in 2001.
• Congress renewed most of the significant clauses of the Patriot Act in 2005.

• Bush made use of the 'signing statements' more than any other President is history.
• A National Security Directive, Sept 2001, lifted a ban, imposed by President Ford, on the CIA's ability to 'engage in, or conspire to engage in' political assassination.
• As Commander - in - Chief, Bush claimed the right to hold 'enemy combatants' in Guantanamo Bay without the 'due process of law'.
• In Summer 2005, Bush made a 'recess appointment' appointing John Bolton as US ambassador to the UN even though his appointment had previously been blocked by the Senate. (Could be seen as weak Presidency.) 

Weak Presidency:

• The Republicans lost both Houses of Congress in the 2006 mid-terms, in an election which was widely views as a referendum on the Bush Presidency.
• Defence Secretary, Donald Rumsfeld, a close Bush ally, was effectively forced out of office following the 2006 mid-terms.
• Tom DeLay, Leader of the House, and to a large extent responsible for the party unity that supported Bush's legislative programme, was charged with campaign finance fraud and forced to stand aside in 2005.
• In 2005, Bush's choice for nomination to the Supreme Court, Harriet Miers, was forced to withdraw before she even reached Senate hearing.

• Bush is perceived to have mishandled the Hurricane Katrina inquiry.
• When the 1-year term of his recess appointment expired, Bolton resigned his post when it became clear that he would not achieve Senate approval.
• In Hamdan v Rumsfeld (2006). The Supreme Court ruled that military commissions set up to try enemy combatants at Guantanamo Bay could not go ahead without congressional approval.
• Bush failed to get legislation passed through Congress covering either of his policy priorities for his second term: immigration reform and welfare reform.

• In Boudmediene v Rumsfeld the Supreme Court ruled that foreign terrorism suspects held at Guantanamo Bay have the right to challenge their detention in foreign courts. This effectively overturned much of the Military Commissions Act (2006) as well as much of the Detainee Treatment Act (2005).

- Around 2005 - Bush's power decreased.

Percentage of Vote:
- 2008: 52.9%

- 2012: 50.4% 

Honeymoon Period

His stimulus package was seriously amended.

No Republicans supported it and 7 Democrats voted against it.

In 2009: The Democrats in the Senate said no to closing Guantanamo Bay (they wouldn't give him the money).

Heathcare Bill

• Some Democrats didn't vote for it.
• Amendment/Executive Order

Policies he failed to deliver:

• Close Guantanamo Bay
• Gun Control
• Immigration (used Executive Order)

Executive Orders:

Obamacare and Immigration

What circumstances might benefit a President in his dealings with Congress?

• Party control of Congress
• United Party
• High approval ratings
• Insider or outsider
• Having an insider VP if you are an outsider
• Strong mandate (over 50% of popular vote).

What tactics might a President employ in trying to get the support of Congress?

• Develop personal relationships with members of Congress.
• Campaigning vigorously on behalf of incumbents in midterms.
• Support through interest groups/mobilise groups.

What factors combine to make a President a lame duck?

• The knowledge that an office holder will soon be gone inevitably limits their authority.
• Public popularity will be waring - Congress will pay less heed to the White House.
• Mid-terms = electoral gains for the opposing party.
• Strais between the 'presidential' and 'congressional' wings of the president's own party often emerge.

• President is Commander - in - chief of the armed forces.
• Congress has traditionally deferred to the White House at times when military action is being undertaken.
• Nature of modern welfare is such that it requires rapid response that only the executive can offer. 
• President's sought to leave a legacy by arbitrating in global trouble spots.
• Clinton - achieved little in domestic policy terms but during his final phases of presidency made a mark overseas by:
    1) Ordering military action to secure the withdrawl of Serbian forces from Kosovo.   2) Hosting Israeli - Palestinian negotiations at Camp David.    3) Contributing to the ongoing Northern Ireland peace process.

• Little success in persauding Congress that it should adopt the policies that he advocated - a plan to creat individual retirement accounts had to be dropped. Proposals for comprehensive immigration reform were also abandoned. In 2008 Bush's call on Congress to ratify a free trade agreement with Columbia was rebuffed. 
• Approval ratings fell to a record low.
• Democrats won control of both Houses in the 2006 mid terms.
• Iraq war seemed unending.
• Administration had been tarnished by the Abu Ghraib scandal.
• Bush's attempt to appoint Harriet Miers was widely criticised.
• The Conservative movement that had initially sustained Bush was increasingly fractured.

Examples of policies Obama has failed to get through:
- Gun Control Legislation

- Immigration Reform

- Closure of the detention camp at Guantanamo Bay

1. His less than overwhelming mandate at the 2012 election:

• He was relected BUT of the 31 Presidents who have run for reelction, only 9 have lost.
• 1st President since Woodrow Wilson in 1916 to be reelected with less EC votes than in his first election.
• 1st President since 1872 to be reelected to a consecutive term with a smaller share of the popular vote than in his first election - fell by just under 2%.
• 2nd time around Obama won 26 states and just 332 EC votes. 51% of popular vote - lower than most members of Congress had recieved in their states or districts.

2. It's his second - and last term:

• Average Presidential support (for Presidents who have completed 2 terms since WW2: 1st term: 74.2%, 2nd term (not including Obama): 56.9%.
• Approval ratings (for President's who have gone on to second term since 1945) 1st term: 58.3%, 2nd term: 47.7%.
• More prone to scandal: Bush and Iraq, Clinton and Impeachment.

3. Personal Weakness

• He doesn't much like the public parts of presidency.
  
• Dislikes rubbing shoulders with 'hordes' of members of Congres at White House 'functions'.
• Dislikes working rope lines of admirers or supporters.
• He feels threatened by other big political figures.
• Takes too many decisions after receiving too little varied and competing advice. Most obvious in the tangle the President got himself into over Syria in the early autumn of 2013.

4. Failure to control both houses of Congress:

• Taking the second terms of Eisenhower, Reagan, Clinton and Bush (George), the President's party controlled both Houses for only 2 years. Bush - Republicans 2005-06.
• Significant hindrance to his chances of legislative and policy success.
• Partial closure of the federal government - Democrat Senate, Republican House, failed to reach an agreement on a temporary budget resolution.

5. Increased levels of partisanship:

• Before President's could still enact policies by building cross-party coaltions.
• Members of the opposing party don't want to be seen working with the President. The fastest way to be labelled a moderate or centralist and thereby inviting an intra party challenge within the primary.
• As soon as the President - of which ever party - proposes some policy the members of the other party will automatically oppose it. Obamacare looked a lot like the healthcare reform Mitt Romney introduced in his state when he was Governor.
• Moderates and centralists in Congress have become an endangered species.

Imperial: acting without Congress

Imperilled: bullyed/put down by Congress

• The term imperial presidency gained popularity in the early 1970s as a consequence of Schlesinger's book of the same name.
• In his book he charts what he saw as abuse of power by successive 20th century presidents, but most especially by Lyndon Johnson and Richard Nixon.

• This abuse of power was made all the more dangerous because the US presidency had grown so much since the 1930s as a consequence of the New Deal and USA's expande role in foreign policy. EXOP formed in 1939 - most parts within EXOP not subject to Senate confirmation.
• Presidents became less accountable, more secretive and at times illegal. President Johnson and Nixon personified the Imperial Presidency in the crises of Vietnam aborad and Watergate at home. The executive branch had become dominant.

According to Schlesinger 'the imperial presidency was essentially the creation of foreign policy'. At times of crisis abroad, the US people in general, and even Congress itself, look to the President for leadership. The USA was in a continual state of war - hot or cold - from the early 1940s to the early 1990s. This allowed successive Presidents to take advantage of the ambiguities of the Constitution in terms of war making powers.

Following Watergate and defeat in Vietnam Congress reasserted itself and imposed new limits. Presidents Ford and Carter became known as the Imperilled presidents.

Two Presidencies:
In his book of the same name Wildavsky argues that the Constitution divided power of domestic policy between the legislature and executive much more effectively than it did foreign policy powers. He therefore draws a distinction between the weaker domestic policy president and the more effective foreign policy president.

Ronald Reagan:

- First President since Eisenhower to complete two terms in office.

- Imperial: Iran - Contra Affiar (selling arms to Iran channeling funds to the Contra rebels in Nicargua) both policies being in contravention of congressional bans. In the affair administration officials holding no elected office repreatedly evidenced disrespect for Congress' efforts to perform its constitutional oversight role in foreign affairs.

- Imperilled: Never controlled House of Rep. and comes out of investigations badly. 

Johnson:
- Imperial: Congress reduced to spectator in Vietnam war.

Ford:

-Imperilled: 3 years in Office. Ruled by veto.

Nixon:

-Imperial: War in Vietnam, Watergate, secretative White House.

-Imperilled: War Powers Act, drew up Articles of Impeachment, precipitating his resignation.

George H. Bush:
- Imperilled: Wanted bipartisan support on Capital Hill before sending troops into Kuwait. Asked Congress to pass a resoultion approving of military action in Kuwait.

-Imperial: Conduct of the 44 day campaign. Congress is helpless.

Clinton:
- Imperial: Comprehensive Test Ban Treaty adopted a patently unconstitutional position. Undeclared wars in Bosnia, Serbia and Haiti. Surprise airstrikes on Sudan, Afghanistan and Iraq.

-Imperilled: Impeachment, didn't get any domestic policies through.

George Bush:

-Imperial: 9/11, Iraq war, Afghanistan war. Congress wasn't exluded though, voted on Iraq.

-Imperilled: 2005, war is unpopular, Congress' refusal to permanentally extend the 2001 Patriot Act.

Neustadt's view on Presidential Power:
Stresses the inherent (naturally) weakness rather than strengths of te office.

Bifuracted Presidency (2 Presidencies)

Weaker in domestic policy, stronger in foreign policy.

The institutional presidency:
All executive power is vested in the President but various institutions have developed to help the President to fulfil his constitutional role. But the President and VP are the only elected members.

Since the New Deal, President's have been much more willing and able to impose themselves on the political environment and a broad agreement has developed in federal government should have a significant role to play in the nation's economy and in creating and maintaining a welfare state.

'Truman Doctrine' laid down America's policy as the 'world policemen' and became the foundation for an increasing interventionist policy up to the late 1960s - more power.

'The Gulf of Tonkin Resolution' allowed Johnson to take 'all necessary measures' in Vietnam.

Examples:

• Nixon bombed Cambodia without the authorisation - or even the knowledge of Congress. (1970)
• Congressed signed the 'Gulf of Tonkin Resolution' to allow President Johnson to take 'all necessary measures' in Vietnam.

The level and scale of congressional oversight of the executive branch grew from the 1970s onwards.

Two Presidents - Ford and Carter - survived only one term and were percieved as anything but 'imperial'.

What events damaged the institution of the presidency in the 1970s?

• The Case-Zablocki Act (1972) required the president to inform Congress of every foreign policy that he makes.
  
• The Budget and Impoundment Control Act (1974) prevented the president from impounding funds that had been allocated for a particulr purpose by Congress.

• The War Powers Act (1973) requires the president to either gain a declaration of war or some other form of congressional authorisation if troops were to be deployed in hostile oversea. Failing this, deployment was to be limited to 60 days plus a further 30 days for withdrawl.

• Sucessful foreign policy is, by its nature, difficult to formulate in a Congress containing 535 individuals.
• Most members of Congress are more concerned about domestic policy issues because their re-election is likely to be more dependent upon them.
• George Bush Snr's success in the Gulf War contrasted sharply with his problems in domestic policy - particularly with respect to the economy.
• While Congress struggled to rein in Bush's activities in Iraq in his final term, he became a virtual 'lame duck' with respect to domestic policy from 2006 onwards.

George W Bush committed US troops to both Afghanistan and Iraq with no official authorisation from Congress, Congress could, in theory, have invoked the War Powers Act in order to bring those troops home. Why might it have failed to do this? What does this suggest about the effectiveness of the War Powers Act as a check in presidential power?

• War was popular to begin with.
• Didn't want to seem weak after 9/11.
• United government.
• Once troops are in Congress doesn't like to disagree.

• The Constitution gives power over foreign policy to both branches of government and a number of Constitutional provisions are vague.
• Constitution granted two specific powers to the President: 1) Commander in Chief, 2) to negotiate treaties.
• BUT checked by Congress' power to declre war and to control the purse strings.
• BUT effectiveness of this is open to question.
• Congress has not declared war since 1941 and the power of the purse has often proved to be of questionable use once president has committed troops to abroad.

• But the President has three other powers relating to foreign policy:
• Can make appointments to the executive branch. Some of which have foreign policy implications e.g. Secretary of State. Also appoints ambassadors BUT all appointments apart from National Security Adviser are subject to Senate confirmation.
• Can sign executive agreements - international agreement does require Senate approval. Concluded under his power as commander in chief.
• Fearing that its power had been eroded by an increasingly Imperial Presidency, Congress tried to reassert its foreign policy authority in the 1970s most notable was the Wars Power Act. But even this has proved to be largely ineffective.

• Even, when the Democrats reclaimed control of both houses of Congress in January 2007, they made very little headway in enhancing their real influence in foreign policy.
• Congress possesses a great deal of expertise in its foreign policy related committees. In the autumn of 2007, there were congressional investigations into the conduct of the war. BUT Congress' ability to change the directionof policy was negligible.
• At  a time of crisis, America looks to the president not Congress.

• Powers as commander in chief provide the basis for rapid and effective decision making and maintain the credibility of the USA's foreign policy on the world stage.
• Constitutional checks on a president's foreign policy powers are often regarded as being remarkably limited.
• Although the power to declare war remains with Congress, the rise in the so-called 'presidential wars' - conflicts with no authorisation or declaration of war - is seen as one of the key componenets in the growth of the president's foreign policy powers.
• Executive agreements - international treaties that circumvent the necessary two-thirds Senate majority required for treaties - have continued to rise.