The Presidency

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powers of press - propose legislation

  • mostly through state of the union address
  • Obama's initiatives by Obama: 1healthcare refom 2Wall Street regulation reform 3credit card regulation reform 
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powers of the pres - submit annual budget

  • drawn up for the pres by Office and Management Budget 
  • the pres then submitts it to congress
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powers of the pres - sign legislation

  • once bills have passed through complex process in cong, it is passed to pres' desk
  • he has a no. of options but most likely to sign the bill into law 
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powers of the pres - veto legislation

  • regular veto is used as a bargaining tool 
  • to veto a bill the pres must:

-veto the whole bill - return the bill to the house which 1st considered it within 10 days - included a note explaining objections 

-it is then up to congress whether to 1-do nothing 2-attempt to override the pres' veto requiring a 2/3 majority 

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powers of the pres - act as chief exec

  • opening words of Article II of the const state that : 'the exec power shall be vested in a President of the US of America'
  • this makes the pres chief exec in charge of running the exec branch of the fed gov 
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powers of the pres - nominate exec branch official

  • given the power to nominate hundreds of officals to the exec branch
  • most importnat of these are heads of the 15 exec departments such as state treasury & agriculture
  • they are then subject to the confirmation of the Senate
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powers of the pres - nominate fed judges

  • invovles the pres making 100s of appointments
  • SC, fed trial & appeal courts 
  • judicial appointments are for life
  • appoinments of Sotomayor & Kagan
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powers of the pres - act as commander in chief

  • sig power for pres' in 1940-1990s from Roosevelt to Bush
  • USA fighting ww2 then taking lead in Cold War, the pres' role as CIC was sig during a period that saw Korean, Vietnam & Gulf wars as well as Iraq & Afghanistan
  • less so in the post-Cold War era
  • pres is checked by congs 'power of the purse'
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powers of the pres - negotiate treaties

  • Obama negotiated Strategic Arms Reduction Treaty w/ Russia in 2010 - a nuclear arms agreement
  • treaties ratified by the senate by a 2/3 majority 
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powers of the pres - pardon

  • mostly used in controversial cases and high profile
  • Ford's 1974 pardon of Nixon 
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the cabinet - definition & membership

  • not mentioned in the Const 
  • cabinet used as 'advice givers' selected by the pres to aid him in making decisions
  • made of 15 exec departments 
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cabinet recruitment

pres' cabinet derive from diverse backgrounds 

  • Congress, but they myst be either former members or willing to resign their seat
  • state governors
  • city mayors
  • academics
  • policy specialists e.g Arne Duncan Education - CEO Chicago Public Schools, 2001-09
  • liable to come from wide geographic ranges, races gender ideologies & age 
  • Obama's 1st term cabinet the most ethincally diverse there has been 
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cabinet meetings

  • number of meeting varies amongst presidencies, yet become less consistent towards the end of the presidency due to:
  • 1-some functions of cabinet no longer applicable 2-the pres has increasing calls on his time 3-pres' tend to become disillusioned w/ their cabinet officers, believing them to be disloyal 

meeting enable the pres to:

  • engender team spirit
  • look collegial & consultative
  • give info to cabinet members
  • glean infor from cab members 
  • debate policies 
  • present 'big picture' items such as budgest, tours & campaigns 
  • check up on legislation going through cong in which he has an interest
  • see cabinet members whom he would not otherwise see

meetings enable members to:

  • get to know
  • arrnage inter-departmental disputes
  • catch up w/other members
  • see the pres 
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cabinet meetings

  • number of meeting varies amongst presidencies, yet become less consistent towards the end of the presidency due to:
  • 1-some functions of cabinet no longer applicable 2-the pres has increasing calls on his time 3-pres' tend to become disillusioned w/ their cabinet officers, believing them to be disloyal 

meeting enable the pres to:

  • engender team spirit
  • look collegial & consultative
  • give info to cabinet members
  • glean infor from cab members 
  • debate policies 
  • present 'big picture' items such as budgest, tours & campaigns 
  • check up on legislation going through cong in which he has an interest
  • see cabinet members whom he would not otherwise see

meetings enable members to:

  • get to know
  • arrnage inter-departmental disputes
  • catch up w/other members
  • see the pres 
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relations w/ Executive Office of the Pres

they do not act as pres adivors b/c:

  • they have huge deparments to run
  • they are not based in the White House
  • they have loyalities other than those to the pres

-last reason leads to accusations of disloyalty from those whose principal function is to act as 'presidents men' -members of the EXOP

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cabinet - important or not?

-individually its members are v.important, though some members are far more important than others, collectively the cabinet can never be that important BECAUSE: 1-Article II of the Const states that 'all exec power shall be vested in a pres' 2-there is no doctrine of collective responsibility 3-the pres is not '1st amongst equals' he is just '1st' 4-cabinet officers are not his pol rivals 5-they  have a problem of divided loyalty as well as a lack of proximity and access to the pres 6-the pres has EXOP, which is important in helping & advising him to achieve his goals 

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EXOP - definition & membership

EXOP: umbrella term for an organisation that consists of top pres staff agencies that provide help, advice, coordination & adminstrative support to the pres 

EXOP grown to include a dozen offices w/ most important being:

  • the White House Office
  • the National Security Office
  • the Office of Management and Budget

EXOP created due to expansion in role of FED GOV in 1930s

also due to USA's role as world power

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white house office

-most trusted and closest advisors, such as Press Sec, Chief of Staff & Assistan to the Pres for Legislative Affairs

-on a daily basis their work includes:

  • policy adivce
  • personnel management
  • crisis management
  • liasion w/fed bureacracy
  • liasion w/cong
  • running the White House
  • deciding & executing the pres' daily schedule
  • acting as 'lightning conductors' for the pres
  • ensuring an orderly decision-making process for the pres

-not policy-makers but 'honest-brokers', a passion for anonymity 

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National Security Council

-established to help the pres coordinate F&Defence policies, headed by a National Security Advisor, it gathered info on groups such as:

  • State Deparment
  • Defense Department
  • CIA
  • relevant congressional committees
  • Joint Chiefs of Staffs

-NSC would then act as an honest broker and policy coordinator

-Nixon greatly increased the role of the NSA by Kissinger.

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the Office of Management & Budget

2 functions of OMB are:

  • to advise the pres on allocation of fed funds in annual budget
  • oversee the spending of all fed gov departments & agencies 

-headed by an OMB director - the only EXOP position that requires senate confirmation

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relations w/cong - checks by cong

  • almost every power owned by the pres is checked by cong
  • 'separated institutions, sharing powers' 
  • pres needs cong as he can do little without it 
  • this is part of the intricate system of 'checks and balances' designed by the FFs
  • the FF's ambition for cooperation & compromise often results in gridlock

powers of the pres & how they are checked by cong:

  • propose legislation - amend/block legislation
  • submit annual budget - amend/block budget
  • veto legislation - override veto
  • nominate exec officals - senate's power of confirmation 
  • nominate fed judges - senate's power of confirmation
  • negotiate treaties - senate's power of ratification
  • CIC of armed forced - declare war/power of purse
  • act as chief exec - investigation/impeachment/trial/removal
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methods of pres persuasion

persuasion through people:

  • v.pres - as presiding officer of the senate, he has foothold in cong 
  • his own Office of Legislative AFfairs - part of the White House Office & those who work here act as full time lobbysists for the pres in cong
  • cabinet officers - these work in their own policy-regulated area
  • party leaders in cong, House Speaker, Majority/Minority leaders

persuasion through perks:

  • make phone calls to selected memebers of cong
  • offer help w/legislation that benefits members' constituents
  • offer held w/ fed exec/judicial appoinments of interest to constituents
  • invite members to a meeting at the White House
  • go to Capitol Hill to address selected group of members
  • offer to campaign for a member of his own party 
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results of pres persuasion

  • pres' success rates measured in pres support score
  • the annual statistic measure how often the pres won in roll-call votes in H&S
  • 2009, Obama had 96.7% the highest ever recorded

although pres support score if useful as a guide to pres success:

  • the score does not measure the importance of votes
  • presidents can avoid low scores by simply not taking positions on votes they expect to lose
  • the score does not count bills which fail to even come to a vote on the floor of either house
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relations w/ Supreme Court - pres power of nominat

  • 2 main powers relating to SC, 1st is a formal power - the power to nominate justices to the SC, subject to the approval & confirmation of the Senate and therefore may change the ideological balance within the Court 

recent examples of Pres' changing the balance of the Court:

  • Bush replaced Thurgood Marshall (liberal) w/ Clarence Thomas (conservative)
  • Bush also replaced Sandra O'Connor (moderate) w/ Samuel Alito (conservative)
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pres' support or criticism of the Court

  • 2nd power is informal - the pres can deicded whether or not to support the decisions of the Court 
  • Obama's criticism of the Citizens United V Fed Election Campaign striking down parts of the 2002 bipartisan Campaign Reform Act
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court's power of the Pres

  • SC has 1 power over the pres, to declare actions unconstitional 
  • US V Nixon - court declared that Nixon's refusal to hand over the 'White House Tapes' - concerning the Watergate affair - was unconstitutional 
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factors that affect the presidency - limitations

5 main factors limiting the presidency:

1-public opinion - Clinton, despite his scandals, did well due to public approval ratings 

2-pressure groups - pressure groups can mobilise public opinion either for or against the president himself or his policies 

3- the media - all modern-day presidents live in an era where the media can profoundly limit what they are capable of

4-the fed bureaucracy - pres is only 1 person in an exec branch made of 15 exec departments & some other 60 fed gov agencies, boards & commissions, cooperation can be a challenge

5-federalism - not just the fed gov that limits the pres, fed gov programmes have to be implemented by state & local govs across the entire states

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factors that can enhance pres power

1- size of the mandate @ last election 

2-1st rather than 2nd term - pres find it easier to govern in their 1st term, 2nd term pres' seen as 'lame ducks' and lose much of their political clout 

3-previous Washington experience - a pres who has had a good deal of experience finds it easier to get things done b/c they understand the system 

4-oratorical skills - being a good speaker can be an advantage - sig if tv debates between Nixon & Kennedy

5- competent senior White House staff - can prove critical, Clinton chose poorly and suffered

6-crises - a crisis can help a pres, provided it is well handled. 

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imperial presidency

imperial presidency: used to refer to the a presidenc characterised by the misuse & abuse of power & highhandedness in dealing w/Cong.

-whilst the in some respects the presidency is weak, limited & checked, arguments imply an 'imperial presidency' is evident.

-Schlesinger 'imerpial presidency was essentially the creation of FP' this can be characterised in the presidencies of Nixon & Johnson by:

  • increased use of war-making powers
  • excessive secrecy
  • high-handedness in dealing w/cong
  • illegal activity
  • failure of tradition check & balances to work effectively 

flaws in the theory suggest:

  • Johnson was forced to decided not to stand for re-election 
  • Nixon forced to resign 
  • As Ford, who followed Nixon pointed out 'Our Constition works' - including its checks & balances 
  • by late 1970s talk of 'imperilled presidency' which was weak and ineffective
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