Presidential Power
“Power intoxicates men. When a man is intoxicated by alcohol, he can recover, but when intoxicated by power, he seldom recovers.”
James Byrnes
Pres. Scholar
“The buck stops here!”
Harry Truman
“I should like to be known as a former President who minded his own business.”
Calvin Coolidge
“Make my day!”
Ronald Reagan
“I have been told I was on the road to hell, but I had no idea it was just a mile down the road with a dome on it.”
Abraham Lincoln
“I would rather be right than President.”
Henry Clay
Member of Congress
“I would walk over my grandmother for the President.”
Charles Colsen
President adviser
“In all my years of public life, I have never obstructed justice……Your President is no crook!”
Richard M. Nixon
“If I have to lay an egg for my country, I’ll do it.”
Bob Hope
Comedian
I. Constitutional Power of the President
A. Foundation
1. Article II
Article II- Term of office, 4 year term, elected by electoral college, strong executive powers are granted in Article II, Salary- $400,000, 21 gun salute- 1776, White House and perks, $30,000,000 before taxes.
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
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.
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
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, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Section 2. 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 offenses against the United States, except in cases of impeachment.
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.
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.
2. Amendments
12th Amendment (1803) changed the way we elect the President. The Electors shall meet in their respective States and vote by ballot for the President and Vice President, one of who shall not be an inhabitant of the same State with themselves; separate ballots; If the Electoral College fails the House elects the President and the Senate elects the Vice President.
20th Amendment (1933) Changed the inaugural date from March 4 to January 20. It is called the “Lame Duck” Amendment.
22nd Amendment (1951) Limits the Presidency to two terms or maximum of 10 years.
23rd Amendment (1951)- Gives 3 Electoral Votes to Washington D.C.
25th Amendment (1967)- The Birch Bayh Amendment- Presidential Succession and Disabilty- 1. VP takes over the Pres. if the President is dead.
2. It the VP is vacant the President appoints with the approval of
both houses.
3. If the President declares he is disabled the VP takes over.
4. If disability is in question the Congress decides.
B. Head of State
1. Military power- Article II, Section 2 provides for the President to be Commander in Chief of the Army, Navy, & Militia
a. The President is the highest military authority in the U.S.
b. Civilian leader of the armed forces
c. The President carries the “football”
d. National Security Council, Homeland Security, CIA, FBI
Examples of use of power as Commander in Chief-
Truman- Atomic Bomb
LBJ- Gulf of Tonkin Resolution, Vietnam
Nixon- Bombing Cambodia, Vietnamization
Reagan- Grenada invasion, Libya attack
1986, 1989
George H.W. Bush- Panama and Persian
Gulf War
Bill Clinton- Haiti, Bosnia
George W. Bush- Afghanistan and Iraq
e. The War Powers Act (1973) limits what a President can do in sending troops into war. The President must consult with Congress and must report to Congress within 48 hours. There is a 60 day limit and the appropriations for the movement of troops will be reconsidered by the Congress
2. Judicial power- The President has the power to grant pardons, amnesty, and reprieves.
a. Famous pardons
Gerald Ford pardoned Richard Nixon to ease the pain the nation was suffering after Watergate.
Bill Clinton pardoned 16 Puerto Rican terrorists along with 140 pardons- his brother Roger, Marc Rich- wife donated hundreds of thousands of dollars to the Clinton campaign and library
b. Amnesty- George Washington- Whiskey
Rebellion, Johnson granted amnesty in 1868 after the Civil War; Carter – in 1977 Vietnam draft evaders
c. Reprieve to shorten a prison sentence- Tokyo
Rose and Patricia Hearst
· This gives the President power like a King or Queen- life and death over subjects.
3. Diplomatic power- The President has the power to receive and
recognize ambassadors and other public ministers. The President
recognizes other countries.
Washington recognized Citizen Genet of the Revolutionary government from France.
Nixon recognized The Peoples Republic of China.
Carter recognized the Sandinista government in Nicaragua.
Bush, Sr. recognized the former Soviet republics.
Clinton recognized Vietnam.
Executive Agreements- contracts between the President and another nation. It does not require a 2/3rds vote of the Senate.
C. Head of Government
1. Executive power- Article I, Section 1 vests executive
power in the President.
a. The President must see that all laws are faithfully executed.
b. The President has the power to appoint, remove, and supervise all federal judges.
c. The President is the CEO (Chief Executive Officer) of the nation. He is responsible for hiring and firing. The bureaucracy is approximately 2.8 million employees and growing. Major positions-Cabinet and judges require the advice and consent of the Senate.
“The buck stops here” Harry Truman
2. Domestic Military power- The President is the Protector of the Peace.
Examples:
Little Rock 1957- Eisenhower sent troops
tornado in Indiana- LBJ- Palm Sunday, 1965
Fort Wayne flood-1980s – Reagan
Floods in Iowa- Clinton
September 11, 2001- President George W. Bush
3. Legislative Power-The President has two constitutional provisions that are the primary source of legislative power.
a. Article II, Section 3 provides that the President shall from time to time give Congress information on the State of the Union and recommend to their consideration such measures as he shall judge necessary and expedient.
The President uses his persuasive powers- as TR put it the “Bully Pulpit”. 1913 Woodrow Wilson started the modern tradition. FDR used it to initiate legislation- New Deal for America.
Legislative initiative is the President’s inherent power to bring his legislative agenda before Congress.
George W. Bush- War on Terror, Iraq, taxes, No Child Left Behind, Prescription Drug plan, Definition of marriage, etc.
b. Veto Power- found in Article I, Section 7
Before the Civil War Presidents seldom used the veto power. Vetoes can be overridden by a 2/3rds vote of Congress. One in ten vetoes are overridden. See chart on next page.
Veto- The President’s constitutional power to turn down acts of Congress.
Pocket veto- A President’s veto that is automatic if the President does not act on a piece of legislation during the final 10 days of a legislative session.
Line item veto is the power of the President to veto specific parts of a bill passed by Congress. This was struck down by the Supreme Court in 1998. The Court stated,
The Line item would authorize the President to create a different law, on whose text was not voted on by either house of congress.
Presidential Vetoes, 1789–2003
|
President |
Coincident
|
Regular
|
Pocket
|
Total
|
Vetoes
|
|
Washington |
1st–4th |
2 |
— |
2 |
— |
|
Adams |
5th–6th |
— |
— |
— |
— |
|
Jefferson |
7th–10th |
— |
— |
— |
— |
|
Madison |
11th–14th |
5 |
2 |
7 |
— |
|
Monroe |
15th–18th |
1 |
— |
1 |
— |
|
J. Q. Adams |
19th–20th |
— |
— |
— |
— |
|
Jackson |
21st–24th |
5 |
7 |
12 |
— |
|
Van Buren |
25th–26th |
— |
1 |
1 |
— |
|
W. H. Harrison |
27th |
— |
— |
— |
— |
|
Tyler |
27th–28th |
6 |
4 |
10 |
1 |
|
Polk |
29th–30th |
2 |
1 |
3 |
— |
|
Taylor |
31st |
— |
— |
— |
— |
|
Fillmore |
31st–32nd |
— |
— |
— |
— |
|
Pierce |
33rd–34th |
9 |
— |
9 |
5 |
|
Buchanan |
35th–36th |
4 |
3 |
7 |
— |
|
Lincoln |
37th–39th |
2 |
5 |
7 |
— |
|
A. Johnson |
39th–40th |
21 |
8 |
29 |
15 |
|
Grant |
41st–44th |
45 |
48 |
93 |
4 |
|
Hayes |
45th–46th |
12 |
1 |
13 |
1 |
|
Garfield |
47th |
— |
— |
— |
— |
|
Arthur |
47th–48th |
4 |
8 |
12 |
1 |
|
Cleveland |
49th–50th |
304 |
110 |
414 |
2 |
|
B. Harrison |
51st–52nd |
19 |
25 |
44 |
1 |
|
Cleveland |
53rd–54th |
42 |
128 |
170 |
5 |
|
McKinley |
55th–57th |
6 |
36 |
42 |
— |
|
T. Roosevelt |
57th–60th |
42 |
40 |
82 |
1 |
|
Taft |
61st–62nd |
30 |
9 |
39 |
1 |
|
Wilson |
63rd–66th |
33 |
11 |
44 |
6 |
|
Harding |
67th |
5 |
1 |
6 |
— |
|
Coolidge |
68th–70th |
20 |
30 |
50 |
4 |
|
Hoover |
71st–72nd |
21 |
16 |
37 |
3 |
|
F. D. Roosevelt |
73rd–79th |
372 |
263 |
635 |
9 |
|
Truman |
79th–82nd |
180 |
70 |
250 |
12 |
|
Eisenhower |
83rd–86th |
73 |
108 |
181 |
2 |
|
Kennedy |
87th–88th |
12 |
9 |
21 |
— |
|
L. B. Johnson |
88th–90th |
16 |
14 |
30 |
— |
|
Nixon |
91st–93rd |
26 |
17 |
43 |
7 |
|
Ford |
93rd–94th |
48 |
18 |
66 |
12 |
|
Carter |
95th–96th |
13 |
18 |
31 |
2 |
|
Reagan |
97th–100th |
39 |
39 |
78 |
9 |
|
G.H.W. Bush1 |
101st–102nd |
29 |
15 |
44 |
1 |
|
Clinton |
103rd–106th |
36 |
1 |
37 |
2 |
|
G. W. Bush |
107th–108th |
— |
— |
— |
— |
|
Total |
|
1,484 |
1,066 |
2,550 |
106 |
Imperial Presidency was popularized during the Nixon, Johnson years. It represented the growth of Presidential power and abuse of power. Have some Presidents used too much power.
II. Institutional Resources
A. Patronage- is the resources available to higher officials, the President to make partisan appointments to offices and special favors to supporters.
1. Chief of Party- Mr. Democrat or Mr. Republican
2. Spoils System- Andrew Jackson.
B.Cabinet- Page 524
1. Group of advisors that head the major departments of
Government.
2. George Washington set the precedent with Secretary of
State(Thomas Jefferson), Treasury(Alexander Hamilton,
War(Henry Knox) , and the Attorney General (Edmund
Randolph).
3. “Kitchen cabinet”- Jackson
4. “Brain Trust”-FDR
5. Inner Cabinet- State, Treasury, Defense, and Attorney
General- National Security Council
6. Outer Cabinet- Interior, Labor, Commerce, Agriculture,
Health and Human Services, HUD, Transportation,
Education, Veterans Affairs.
7. Homeland Security Council- Attorney General, Defense,
Treasury, Agriculture, and Federal Emergency
Management Agency (FEMA)
8. President Bush’s Cabinet-next page
President Bush's Cabinet
The tradition of the Cabinet dates back to the beginnings of the Presidency
itself. One of the principal purposes of the Cabinet (drawn from Article II,
Section 2 of the Constitution) is to advise the President on any subject he may
require relating to the duties of their respective offices.
The Cabinet includes the Vice President and the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General. Under President George W. Bush, Cabinet-level rank also has been accorded to the Administrator, Environmental Protection Agency; Director, Office of Management and Budget; the Director, National Drug Control Policy; and the U.S. Trade Representative.
Cabinet Rank Members
|
The
Vice President
|
|
White
House
|
||
|
Office
of Management
|
United
States
|
|||
|
Environmental
Protection Agency
|
Office
of National
|
|
B. White House Staff is composed of analysts and advisers to the President, often called, “special assistants”. Kitchen cabinet is an informal group of advisers to whom the President turns to counsel.
C. Exec. Offices (EOP)- the permanent agencies that perform defined management tasks for the President. EOP was created in 1939. It includes the following:
Office of Budget and Management
Concil of Economic Advisers
National Security Council
CIA
EPA
D. Vice President- one heart beat away from the Presidency.
1. The framers paid little attention to the VP. Very little power and authority was given to the second in command.
2. Clinton gave Gore some powers concerning efficiency in govt.
3. Bush is working closely with Richard Cheney- national security and war. Much power is given to Cheney.
4. Only a few sitting Presidents have won the Presidency.
5. Nine VP’s have become President.
6. John Adams wrote his wife and said,
“The Vice President is the most insignificant office that was the invention of man… I am Vice President. In this I am nothing, tomorrow I may be everything.”
“The Vice Presidency is not worth much more than spit in a bucket.”
7. TR and his VP- hanging trophy heads from his safaris, submarine – “If I die he dies also.”