EXECUTIVE BRANCH

Mothers all want their sons to grow up to be
president but they don't want them to become
politicians in the process

- John Fitzgerald Kennedy


"As to the Presidency, the two happiest days of my life were those of my entrance upon the office and my surrender of it." – Martin van Buren

"If it were not for the reporters, I would tell you the truth." – Chester A. Arthur

""My God, this is a hell of a job! I have no trouble with my enemies . . . but my damn friends, they're the ones that keep me walking the floor nights." – Warren G. Harden

"I like the job I have, but if I had to live my life over again, I would like to have ended up a sports writer." – Richard M. Nixon

Calvin Coolidge Story

Presidents – have much more varied experiences than the average Congressperson

Reagan – movie star. Many governors, some Senators, some business people

Woodrow Wilson – was President of Princeton University first

Must be an American citizen and American-born – what about Schwarzenegger?

You have to be 35 years old at least. Avg age – 54

Some concern about former Congressmen/Senators becoming Presidents – are usually accused of being too political, too “in” with DC – presidents lately have won on the image of being an outsider to Washington

Roles of the President

Head of State

Represents the US to the rest of the world. Is the figure that other nations first think of when they think of the US.

Many ceremonial tasks – throwing ball out at baseball games, cutting ribbons, representing the US in foreign embassies/events, etc

Critics say these duties take away from actual time spent “governing” – but presidents have realized that additional exposure doesn’t hurt for upcoming campaigns

Chief Executive

Head of the executive branch

Powers of Appointment/Removal

Bureaucracy – 2.5 million strong, but only those in the executive office are actually hand-picked by president

Imagine how long it would take to hand-pick every single member of the bureaucracy

The bulk of the bureaucracy is made up of civil servants – work on “merit system,” so that there isn’t too much cronyism and things are actually accomplished (debatable)

Appointment Power - president appoints his cabinet (Treasurer, Post Office, Defense, State, Agriculture, Interior, Commerce, Justice, Labor, Education, Health, Veterans Affairs, Homeland Security, Housing/Urban Development)

Also – agency heads, judgeships, and other staff assisting these people

Pres also has power of removal – if he disagrees with the way someone is running an agency, or a scandal is erupting, he has the right to replace them with someone more capable

It’s been challenged in 1926, and now the Pres has a more difficult time removing those who have been approved by the Senate

Power of Reprieves/Pardons

Reprieve – commutes the sentence handed by a court of law (usually for death penalties)

Pardon - sentence is absolved

Some constitutional discussion with this – judicial branch maintains that it was fully within its power to grant these sentences, and executive interference violates checks and balances

Most famous pardon – Ford pardoning Nixon for his involvement with the Watergate scandal

Commander-in-Chief

Supreme commander of the military forces of the US

Which is why Clinton was given such a hard time on the campaign trail about dodging the draft

Recent examples: Truman dropping the A-bomb on Japan, LBJ stepping up the war in Vietnam, Bush Sr. leading a coalition to eject Iraq from Kuwait

“Football” – contains all nuclear codes, only president can activate them

Congress hasn’t formally declared war since 1941, but US has been involved in military conflicts since then

War Powers Resolution – Congress got tired of being leapfrogged, so against Nixon’s wishes they passed this resolution.

President must consult with Congress within 48 hours of sending troops

Troops can only stay for 60 days without Congressional approval to continue their presence abroad

Once troops are out – it’s really hard to bring them back

Ex: Reagan in Beirut (18 months)

Chief Diplomat

It’s why those Bush-speech-jokes actually mean something sometimes

Dominates US foreign policy

Advice and Consent – may make treaties and agreements with other heads of state as long as it is in the same vein of previous agreements approved by the Senate

Importance of Diplomatic Recognition

When you acknowledge a state, and give it diplomatic recognition, you’re recognizing the government as LEGITIMATE and will directly deal with the government.

Sometimes, withholding recognition can be a political statement in itself. Most of the world refused to acknowledge Afghanistan’s Taleban government as legitimate

Taiwan – still hasn’t been granted formal recognition by the rest of the world, because China would flip out if people did

US didn’t recognize the USSR until 1933 – when it realized that world war was approaching and it was better to have the Soviet Union as an ally

Proposal/Ratification of Treaties

President can negotiate treaties (although often the SOS does that in his place)

All treaties must be ratified by the Senate

Wilson negotiated the Treaty of Versailles (to end WWI) and created the League of Nations. However, he had a rival in the Senate (Henry Cabot Lodge) who wanted to undermine him, and the Senate would only accept the treaty if the LofN was significantly weakened. Senate approved THAT version, but Wilson refused to acknowledge it, and the US never joined League

Carter – neutralization of Panama Canal

Clinton – passage of NAFTA

Bush before 9/11 – didn’t see the point in international agreements, and in his first 9 months, pulled the US out of many treaties/negotiations

Most notably, Kyoto

Executive Agreements

International agreement made by a president with a foreign head of state

Needs no formal Senate approval

Done in “best interest” of the US

Currently, international agreements are executed by executive agreement rather than treaties at a rate of 10:1.

Ex: NAFTA

Chief Legislator

Some presidents have been more successful than others

Some have had little success pushing legislative agendas through (Clinton)

Others (FDR/LBJ) made sure they accomplished their programs

President creates the constitutional agenda – STATE OF THE UNION ADDRESS. Gives you direct knowledge of what the Pres will be focusing on in the next year, and which programs he will try to push through Congress

Passing Legislation – Pres can PROPOSE legislation, but that’s it. He has to work with people on “The Hill” to be sure they introduce the legislation to the floor and attempt to get it passed. Requires a lot of feather-stroking

Has a direct relationship with the Majority Leaders and Minority Leaders of the House and Senate

Vetoing Legislation - can veto a bill he’s against. However – it’s a big political risk, and you can squander whatever political power/influence you have if you decide to veto a very popular measure

Veto Message – a detailed explanation of why the Pres vetoed the bill

After Congress passes the bill, it always gets sent to the President to be signed. He has a few options:

a. sign it – it immediately becomes law
b. don’t sign it for 10 days – automatically becomes law
c. Reject the bill (veto) and state his objections. Congress can then change the bill and resubmit it OR can override the veto (needs 2/3 approval in both Houses) Only 7% of all presidential vetoes have ever been overridden – usually only happens to deeply unpopular presidents (Andrew Johnson)
d. Other option – pocket veto. At the end of the legislative calendar, if there are less than 10 days when Congress is still in session, Pres can choose not to sign it, and it expires (pocket veto)

W has issued no veto in his first term – actually went five years before vetoing a bill. First veto – stem cell research bill

Line-Item Veto

A matter of real contention in the Clinton years

Power of executive to veto individual lines or terms of a piece of the bill without vetoing the entire bill

Reagan used it first

Then, Congress passed the Line Item Veto Act in 1996 (prohibited use of it)

Think of this of wrestling between the legislature and the executive

Clinton signed the bill into law, then attempted to use the LIV in 1997. (Military construction projects). Congress tried to rescind the vetoes, also challenged in the Supreme Court. Exec branch argued it was an unlawful attempt to control the activities of the executive branch. SC agreed, overturned LIV Act.


Other Presidential Powers

All these powers we’ve discussed are Constitutional Powers

But they also have Statutory Powers – powers created by Congress for the President

Ex: Before passage of Patriot Act, pres. Did not have power to willfully incarcerate people and suspend habeas corpus, but after passage of bill, Congress granted him that power

Expressed Powers – include the statutory and constitutional powers (because they are written directly in the Constitution)

Inherent Powers – a very loose interpretation of the “executive powers” mentioned in the Constitution – defined through practice and custom, not express law

Ex: FDR used inherent power to intern Japanese-Americans during WWII

President as Party Chief and Superpolitician

First – he is the chief of his Party

Sets the legislative tone, and also is able to appoint people within his party to government or public service jobs

Now – his power is in fundraising and stumping for candidates

Constituencies and Public Approval

Presidents always have their “ear to the ground” – want to make sure they’re courting the public’s favor

Responsible to: citizens of the US, their party, members of the opposing party who hold the key votes to Pres’ legislative programs.

Washington Community – individuals in DC

Bush and the Opinion Polls

Bush did not have a standard segue into office – remember the official declaration of his Presidential victory took 2 months and a Supreme Court decision

After he was named, still a very deep split within the country – really constrained his public image

Then, his unilateral foreign policy also threatened to divide the country further

Then – 9/11. Bush really showed his mettle, managed to reach the highest popularity ratings ever. Then, he’s been in a decline ever since

Going Public – as technologies have changed and mass communications became ever more accessible, presidents have taken the opportunity to speak directly to the public. A few reasons:

Presidents, unlike Senators or Representatives, have the unique ability to directly address the entire nation with that level of authority. They use the opportunity to convince the populace that their programs are the right way, and gain popular support for them , which is helpful in defeating opposing camps within Washington

Examples – FDR’s fireside chats, special televised presidential messages

Special Uses of Pres Power

Emergency powers, executive orders, executive privilege

Emergency Powers – can only be exercised in times of national crisis. First used by FDR to prevent ships selling warfare to two warring South American nations. SC upheld it, saying the national government has primacy in foreign affairs

Lincoln declared martial law during Civil War

Executive Orders
Rule/regulation issued by Pres that has the effect of law

Can implement statutes already passed by Congress

Forceful execution of acts already passed by congress

Ex: Emancipation Proclamation, Truman’s desegregation of the Armed Forces

Executive Privilege

Right of president/presidential aides to withhold information from Congress, or refuse to testify in congressional inquiries

Done ostensibly to protect “national security” – but usually just to protect officials

For example – Cheney invoked Executive Privilege so he would not have to testify about his role in the Energy Policy Task Force/California Brownouts

Limiting Executive Privilege

Started to hear more about it after Watergate

Nixon refused to hand over the tapes, invoked exec privilege

In US vs Nixon, SC ruled that he had to turn over the tapes, which led to his resignation (rather than being impeached, which was almost a certainty)

Clinton and Exec Privilege

Monica Lewinsky mess – aides were summoned to testify, went through several rounds of court before it was determined that they had to testify in court

Abuse of Power/Impeachment

How many presidents have been impeached?

How many have been convicted?

First, a president must be charged with willfully violating the office and abusing its powers (House responsibility). Then, there is an extensive inquiry conducted by the Senate.

Executive Organization

Recognize that the president’s job is a HUGE task, and he needs help, advisors, secretaries, etc.

Watch West Wing – you’ll see what really goes into it.

White House staff – usually around 600

About 300 have direct access to the president – usually worked with him on his campaign, are always looking towards re-election

President has a Cabinet (which we discussed)

President may enlist the advice of others as well – advisor to the UN (John Bolton), director of OMB, VP at times

Kitchen cabinet – originated with Andrew Jackson (a populist who rejected formal offices and stuffiness)

Usually refers to the people the president trusts the most – in Bush’s case, Karl Rove would have been a key member of his kitchen cabinet

Presidents and their Cabinets

Constitution does not explicitly discuss cabinets, and nowhere is it formally written. So the pres’ relationships with his cabinets are entirely up to them. Sometimes they consult them extensively. Other times, they do not consult them to coordinate policy (they’ll meet with Secretaries individually, if at all).

Executive Office of the President

Created by FDR after a Senate Committee suggested that a support staff for Pres be created

Consists of 1800 staff members who work in the West Wing

Chief of Staff, Deputy Chief of Staff, WH Chief of Communications (speechwriting/PR), Press Secretary, etc.

Who’s WH Chief of Staff now?

White House Office – personal office of the president

Chief of Staff – directs the WH office and advises the president on domestic and legislative matters (and sometimes, on foreign affairs)

Staff is enormously powerful – have direct access to the president and any legislative positions/foreign heads of state, help the President arrive at crucial decisions

Critics claim the staffs are too powerful, and are usurping the power of actual elected officials


So we left off with the Executive Office of President.

Discuss OMB

Office of Management and Budget – part of the EOP. Director creates the annual budget (huge job), which will be presented to Congress in January

All agency budgets must be submitted to the OMB

Some have questioned how powerful the OMB is in making financial decisions, saying its power really lies in blocking legislative proposals by agencies

National Security Agency - advises president on national security

Coordinates policy on national security issues

Headed by a National Security advisor and staffed with high-ranking officials from military, intelligence, diplomacy, law enforcement

Advises on security and foreign policy

Chaired by the President, but includes: the VP, Secretary of State, Sec. of Treasury, Sec. of Defense, and National Security Advisor (was Condoleezza Rice before becoming Sec. of State)

NSC staff runs the famous Situation Room

The Vice Presidency

Presides over the Senate – but this is largely a ceremonial job (in the rare instance of a tie, VP can vote to break it)

VPs are usually chosen to balance the presidential ticket, and appeal to the greatest number of voters (if Pres from North, VP from South, etc)

Bush picked Cheney because he had extensive DC experience, which Bush didn’t

Kerry picked Edwards because Edwards was young, articulate, and from the South

Supporting the President – VPs never come out to directly criticize their president. They’re supposed to assist the Pres in achieving legislative victory (tweaking/convincing Congresspeople to vote for Pres’ program), or shoring up presidential support throughout US and abroad

Gore – also carved out a niche for himself in his forthright support of environmental reforms and policies

VP is often seen as a way to secure the presidency (former VPs who became Pres include Richard Nixon, George H.W. Bush)

If Pres dies, VP will succeed him. 8 times, this has been done. Happened first to John Tyler (not Andrew Johnson, sorry), and there was a real question as to his legitimacy and whether he had the power to actually act as President

If a president dies but is incapacitated (unable to perform duties), Constitution isn’t very clear on this. Book points to James Garfield (shot, lived for 2.5 more months), but his VP (Chester A. Arthur). At the end of Wilson’s presidential term (1919), he had a serious stroke and was majorly incapacitated – his wife kept him out of view, especially from his VP, and it is conventionally understood that Edith Wilson carried out the function of president until the end of his term.

25th Amendment – If a president cannot fulfill his duties, he must inform Congress in writing.

VP will then serve as “Acting President” until president can handle the job again

If Pres unable to communicate, a majority of the cabinet can tell Congress

VP will automatically serve as “Acting Pres” in that case

If it’s unsure whether or not the President should continue, there will be a vote in Congress

2002 – Bush conferred the title of “Acting President” to Cheney while he underwent a 20-minute colonoscopy

Was also used after Reagan was shot, but that was seen as more of an attempted grab of power by Alexander Haig (sec of state)

When VP becomes vacant – pres nominated a VP candidate who must be approved by the majority of both houses of Congress

Only happened once, to Nixon

Spiro T. Agnew – another one who was corrupt, was involved with illegal kickbacks and resigned

Replaced by Gerald Ford (was the Minority Leader of the House)

When Nixon resigned, Ford became president, and nominated Nelson Rockefeller as VP – first time in nation’s history neither pres nor vp had been elected

Unitary Executive Theory

Proponents of the theory argue that the President possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch. This implies that the power of Congress to remove executive agencies or officers from Presidential control is limited. Thus, under the unitary executive theory, independent agencies and counsels are unconstitutional to the extent that they exercise discretionary executive power, not controlled by the President

Discuss role of Ex-Presidents in policy

Also, discuss the real role of the President in policy – is it the most important level of governance, or does it just feel that way?


Many of the issues raised by President Truman’s seizure of the steel mills continue to be debated today,
particularly questions about Presidential powers to protect Americans during times of war. Most
recently after news reports in the New York Times, the Bush Administration has admitted it authorized
the National Security Agency to eavesdrop on suspected terrorists within the United States without
obtaining court approval.