The Presidency
- Created by: Emily Warren-Ballard
- Created on: 11-06-14 13:45
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
powers of the pres - submit annual budget
- drawn up for the pres by Office and Management Budget
- the pres then submitts it to congress
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
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
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
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
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
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'
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
powers of the pres - pardon
- mostly used in controversial cases and high profile
- Ford's 1974 pardon of Nixon
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
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
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
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
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
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
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
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
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.
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
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
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
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
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)
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
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
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
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.
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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