Slide 1Head of State and Head of GovernmentSlide 3Slide 4The President and CongressSlide 6Veto BargainingTypes of VetoSlide 9Slide 10The President and the PartiesThe President and the Parties, Part DeuxFDR and the Democratic PartySlide 14Quick AnnouncementsThe Veto GameThe Imperial PresidencyThe President and Public OpinionDoes the President Lead Public Opinion, or Follow?Presidential ApprovalSlide 21The Institutional PresidencySlide 23Slide 24Presidential PowerThe Constitutional Bases of Presidential PowerSlide 27Formal Checks on Presidential PowerImpeachment“Shall Take Care that the Laws be Faithfully Executed”Qualifications for OfficeRationale Behind the Design of the PresidencyFederalist 70-72The PresidencyOctober 1, 2014Head of State and Head of GovernmentCommander in ChiefCongress declares war, but recent conflicts have seen the president taking the leadWar Powers ActExecutive agreements. Much the same as treaties, but cut the Senate out of the processControls the bureaucracyAs Nixon did, can (with some restrictions) control how appropriations are spentThe President and CongressThe modern presidency has been marked by the presence of divided governmentAs a result, often bypass Congress altogetherRecess appointments—bypass the SenateIntended to have a final check on the legislative process (the veto)Gradually came to set the legislative agendaCongress delegates authority to the executive bureaucracyPresident can issue executive ordersActs as the “first mover.” Solves coordination problems by proposing changes in national policyVeto BargainingPresident can shape what comes out of Congress with the mere threat of a vetoProcess of bargaining back and forth often ensuesWhat forms can this process take?Types of VetoPresident has ten days (excluding Sundays) to take actionCan sign, let the bill become law without his signature, or vetoPocket veto—Congress recesses before the ten day period is upLine-item veto—briefly used during the Clinton administrationRuled unconstitutional by the CourtConfederate constitution had a line-item vetoThe President and the PartiesEarly on conferred benefits to their parties through patronage (appointments to jobs in the bureaucracy)The presidency was a prize to be sought by the parties—helps to explain why the GOP gave up on Reconstruction just to retain the officePresidents received little media attention in the 19th century outside of the context of the campaignCongress was the main attractionThe President and the Parties, Part DeuxToday, the president is often thought to be the leader of his (or, hopefully someday, her) party Sets the parties’ respective agendasState of the Union address is often used to signal legislative prioritiesWasn’t always the caseFDR and the Democratic PartyLegislative agenda was frustrated by conservative Democrats in Congress“Court-packing” failed Resolved to “purge” the Democratic Party of its conservative elementsIntervened in select Democratic primary contests in 1938Is thought to have lost—turned to unilateral executive action in pursuit of his agenda“Party predators”Presidency, ContinuedOctober 3, 2014Quick AnnouncementsNext Friday we will have a guest speakerUB alumEnvironmental law expert who has worked with the bureaucracyWorksheet on Federalist 70-72 on UblearnsWe will go over it on MondayThe Veto GameMore examples of veto bargainingEnds in a veto when Congress and the president are simply too far apart1) Congress favors a more drastic change in policy than does the president2) The president favors a more drastic policy change than does CongressThe Imperial PresidencyFrequent criticism of the officeRarely lives up to the nameUnitary executive: George W. Bush’s unique theory of the expansive powers afforded to the office of the presidencyIn signing statements, Bush took exception to what he saw as legislative encroachments. Threatened to ignore certain provisionsIn a similar vein, the justice department has refused to enforce certain laws (e.g., VRA pre-clearance under Bush), and the Solicitor General has declined to defend certain laws (e.g., DOMA)Executive privilege—confidential communications between the president and his advisors not be revealed without consentThe President and Public OpinionGoing publicConvince those who would oppose him in Washington that there is a public mandate for his policiesBut does it work?President is rarely able to move public opinionDoes it need to work? Appeal to the public alone may send the necessary signal to those he hopes to influenceGoing LocalContested opinion theoriesThe president and the permanent campaignDoes the President Lead Public Opinion, or Follow?Presidents, on occasion, pander to the publicFollow public opinion even if they believe it to be wrongDo so conditionally Close to elections that are expected to be tight, owing to dips in approval pollsPresidential ApprovalGives the president the political capital necessary to make policyHoneymoon period after an election is often when most things on the president’s agenda get doneAs the electorate has polarized sharply, the honeymoon has gotten shorterThe Institutional PresidencyThe organization of the presidency has come a long way White House Office—staff systemOMB—“creates the annual federal budget, monitors agency performance, etc.” Cabinet—heads of executive departmentsPresidential PowerNeustadt (1960): presidential power is the power to persuade. Convince others in Washington that the president’s policy goals are in their best interest tooMore recently, scholars have looked to the president’s use of executive orders, and other tools at his disposal for unilateral policy-making as evidence that he need not necessarily persuade in order to get things doneExecutive orders—power without persuasionThe Constitutional Bases of Presidential PowerClearly defined expressed powers in Article IIMakes treaties (Senate still has to ratify, hence executive agreements)Grant pardonsNominate judges and other cabinet-level positionsAlso receives ambassadors and commands the militaryThe Presidency, ConcludedOctober 6, 2014Formal Checks on Presidential PowerSenate confirms presidential appointees and formally ratifies treatiesCan also override the vetoCongress can tap special prosecutors to investigate alleged presidential misconductCan also impeachImpeachmentTwo presidents have been impeached (Andrew Johnson and Bill Clinton)Both escaped being turned out of officeNixon