Lecture 9 Presidency Tuesday October 08 2013 1 In the news a Shutdown looms on with no end in sight b Percent of workers furloughed sent home and can t do their jobs i 97 NASA ii 94 EPA iii 82 Treasury iv 72 NIH v 62 SBA vi 50 DOD vii 45 FDA viii 14 Homeland Security Don t need to know c Many agencies are operating on reserve funds expected to last 2 4 weeks but will scale back workforce as funds are depleted d Shutdown may be protracted i Biggest worry for mainstream GOP lawmakers is a Tea Party challenge in the ii For the general election their districts are safely Republican gerrymandering 1 Only 17 GOP MCs represent districts that Obama won in previous primary election 2 During the last shutdown 79 GOP MCs represented districts that Clinton won in previous election e Institutions are never neutral i The shutdown could end right now ii 19 GOP MCs support a clean CR 200 Democratic MCs Majority iii But speaker will not bring measure to vote unless it has a majority of the majority party support iv The power of procedure is the ultimate power f Meanwhile deadline approaches on raising the debt ceiling If they don t pass it then America will default i ii Default could be disastrous to economy 1 Treasury Secretary warns that it could spark a crisis worse than 2008 g Boehner warns that House will not pass a clean bill to extend the debt limit h Some raise doubts about default risks i We have never had an actual default i j Consequences are unclear because it s unprecedented 1979 Technical default but did not actually default 2 Founding Fathers a How did the FFs conceive of the presidency i Fearful of concentrating too much power in one person 1 King George abuse of power tyranny 2 Widespread fear of creating a monarchy ii Recognized need for leadership in extraordinary times 1 Biggest problem with Articles of Confederation was lack of executive branch 2 Swift and decisive action in times of crisis foreign relations b To win approval of the Constitution FF gave ambiguous powers to president i Citizens afraid of centralized leadership c d President s job was to faithfully execute the laws Congress passed e Gave the president the ability to respond quickly during crisis events through Saw congress as the center of government commander in chief clause i But also wanted a check on presidential power To balance this out they gave congress the power to declare war 3 Constitutionally Enumerated Powers a Commander in chief i Can commit military forces to protect U S b Veto Power c d Makes treaties e Issue executive pardons Take Care laws are faithfully executed f Nominate justices to Supreme Courte g Nominate cabinet members h State of Union address 4 Constitutionally Limited Powers a Separate institutions sharing powers i President proposes laws i Oversees the bureaucracy and makes sure its fulfilling responsibilities 1 Congress passes them 2 Bureaucracy implements them 3 Supreme court interprets them ii Nominate Justices to the Supreme Court or cabinet 1 Senate must confirm with majority vote iii Veto laws 1 Congress can override veto with 2 3s vote in house and senate iv Commander in chief 1 Congress declares war v Make treaties 1 Requires 2 3s vote of the senate b Decentralization i Federalism 1 States have the power to determine policy for themselves 10th Amendment 5 19th Century Presidents a Ceremonial head of state i Tried to build unity and bipartisanship b Avoided public addresses i Addressed Congress not the public c Avoided interactions with foreign nations d Exception to the rule was Andrew Johnson i Demagoguery prompted impeachment charge 1 Getting people anger or excited 2 Trying to score political points 6 20th Century Presidents a Why has presidential power grown Individual leadership assert expansive power i ii Public expectations iii Congressional delegation of authority 7 Individual Leadership a Skillful occupants claim the silences of the Constitution allow them to redefine presidents power b 2 most ambiguous clauses re presidents power i Commander in chief clause ii Take care clause c Particularly catastrophic events cause the public to expect presidential responsiveness d Commander in chief clause i Skillful presidents can use rally effect to create enhanced powers e Modern presidents send troops unilaterally i Reagan Grenada Bush Iraq Clinton Haiti 1 Only consulted key senators ii How can this happen if only congress can declare war 1 Commander in chief clause evolved into the power of the president to send troops iii None of the wars since WWII have been declared iv War powers act 1973 tried to curtail presidents power but largely unsuccessful 1 States that the president must notify congress within 48 hours of sending troops and must get a congressional authorization if mission lasts for 60 days f George Washington established precedents i Executive privilege ability to discharge official duties 2 Nixon Clinton Bush2 ii Executive Orders 1 President can withhold information if it affects national security or 1 President can authorize bureaucracy to take an action take care clause 2 President legislation a Usually mundane i Designate national holidays ii Declare national emergencies disasters b Occasionally major i Louisiana purchase ii Emancipation proclamation iii iv New Deal v iii Executive Agreements Integration of armed forces Internment of Japanese 1 Contract between 2 or more nations similar to treaty but do not require 2 3s vote of senate a NAFTA b GATT 2 Presidents will ask for legislation to implement the agreement a Needs simple majority to pass g Abraham Lincoln Civil War quasi presidential dictatorship i Martial law ii Suspended writ of habeas corpus iii Spent money that hadent been allocated to him by congress iv Expanded army and navy h Admitted that many actions were unconstitutional i j But necessary to save the Union Established precedent of president taking control during times of crisis i Resources are not divided among 535 MCs ii Unlike congress presidents are held accountable for large diffuse outcomes b National constituency c Great depression marked turning point i Before 1929 governments power role viewed as limited ii 12 million unemployed bank failures Americans lost confidence in themselves d FDR proposed series of far reaching programs subsidies public works projects i Established concept of the positive state e Since 1930s Americans have demanded that government ensure prosperity i Federal reserve bank lowers interest rates ii Treasury
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