PSC 313 Major Course PSC 313 Major Course ThemesThemes

1.) Gap between roles/responsibilities/expectations and power to 1.) Gap between roles/responsibilities/expectations and power to carry them out; how do presidents resolve this?carry them out; how do presidents resolve this?

a.) informal powersa.) informal powersb.) increase resources (build up institutional presidency)b.) increase resources (build up institutional presidency)

c.) politicize the bureaucracyc.) politicize the bureaucracyd.) work on increasing legal powersd.) work on increasing legal powers

2.) Fiction of individual president governing vs. reality of institutional 2.) Fiction of individual president governing vs. reality of institutional presidencypresidency

3.) Does history make the person, or does the person make history?3.) Does history make the person, or does the person make history?

THE CONSTITUTIONAL THE CONSTITUTIONAL CONVENTION: DESIGNING THE CONVENTION: DESIGNING THE

PRESIDENCYPRESIDENCY• Two influences:• 1.) colonial experience---executives bad• 2.) Confederation experience---executives weak

• Stages of Convention• a.) Virginia Plan• b.) Committee of Detail• c.) Committee on Postponed Matters• d.) Committee of Style

• Much of presidential material was decided relatively late!

BIG STRUCTURAL ISSUESBIG STRUCTURAL ISSUES

• Strong executive faction vs. weak executive faction---in most cases, the strong exec guys won

• 1.) Unitary vs. plural

• 2.) Selection, re-electability, and term length• a.) rejection of popular election• b.) vacillation on legislative selection • c.) Electoral college proposed by CPM• (pre-XIIth Amendment EC)• ---perfect compromise or “Rube-Goldberg”-like mishmash?• d.) the complex intertwining of selection method, term length, and

re-electablity

STRUCTURAL ISSUES STRUCTURAL ISSUES CONTINUEDCONTINUED

• 3.) ImpeachmentWhat’s an impeachable offense?

4.) Disability/Death/Resignation• “In case of the removal of the president from office, or his death,

resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President…and such officer shall act accoridngly, until the Disability be removed, or a President shall be elected”

5.) Complete Separation from Legislature--no simultaneous service--separate ballot, different election cycles

PRESIDENTIAL POWERS IN THE PRESIDENTIAL POWERS IN THE CONSTITUTIONCONSTITUTION

• Enumerated Powers • (compare to status quo under Articles)

• 1.) Veto• 2.) Commander-in-Chief• 3.) “Require the opinions of the principal officers”• 4.) Pardon• 5.) Makin’ treaties• 6.) Appointments• 7.) State of the Union (shall? may? must?)• 8.) Convene Congress (adjourn in very limited cases?)• 9.) “Receive Ambassadors”—narrow and broad interp

PRESIDENTIAL POWERS IN THE PRESIDENTIAL POWERS IN THE CONSTITUTIONCONSTITUTION

• Implied/”Unenumerated” Powers• Three theories about implied powers: Taft, TR,

Lincoln• Supposed sources of implied powers• A.) Vestment clauses (compare Pres. w. Cong)• B.) “Take care” clause• C.) Oath of office

RANDOM CONSTITUTIONAL RANDOM CONSTITUTIONAL STUFFSTUFF

• 1.) Qualifications for presidency: age, residency, “natural-born citizenship”

• 2.) Vice-Presidency was a fix for 3 problems

• a.) what to do if president died or was disabled• b.) give meaning to the second vote for

president in the EC (“consolation prize”)• c.) difficulties with Senator presiding over

Senate

RANDOM CONSTITUTIONAL RANDOM CONSTITUTIONAL STUFF CONTINUEDSTUFF CONTINUED

• 3.) Presidency Issues in the Ratification Debate

• a.) The Federalist Papers (pro-ratification)---compares presidency favorably to British monarch

• B.) Letters of Cato (anti-ratification)---compares presidency unfavorably to current state governorships

THE 19THE 19thth CENTURY PRESIDENCY CENTURY PRESIDENCY

• Precedents set by George Washington• 1.) Accessible and popular but not a popular leader in modern

sense• 2.) Promoted theory of sole presidential removal power • 3.) Reserved veto for constitutional issues, not policy

disagreements• 4.) Issues with “advise and consent” clause• 5.) Unilateral proclamation of neutrality in 1793• 6.) Unilateral recognition of French Revolutionary govenrment• 7.) Federalized (and personally commanded) state militias to deal

with internal rebellion• 8.) First claim of “executive privilege”• 9.) Avoided direct involvement in legislative process• 10.) “Government of gentlemen” approach to political appointments

1919thth CENTURY PRESIDENCY CENTURY PRESIDENCY

• 1.) Screwed-up presidential elections of 1796 and 1800, led to 12th Amendment

• 2.) Jefferson (1801-1809): policy and style changes but no reduction in president’s role

• --party leadership in Congress• --Louisiana purchase• --enforcement of Embargo

• 3.) Madison (1809-1817) : emergence of dominant Congress, War of 1812, breakdown of first party system

• 4.) Monroe (1817-1825): passive on domestic policy, established Monroe doctrine

1919thth CENTURY PRESIDENCY CENTURY PRESIDENCY

• 1824: another screwed-up election• JACKSON (1829-1837)---a paradoxical

president • ---Emergence of Second Party System• ---First use of veto for policy reasons• ---Asserted presidential control over bureaucracy• ---Spoils/patronage system: enhance or reduce

presdiential power?

LINCOLNLINCOLN

• “Constitutional dictator” or “cautious ex-Whig”?

• --April 1861: spending without congressional appropriations, suspending habeas corpus (and authorizing military trials for draft resisters), mail censorship, naval blockade of Southern ports

• --Ex parte Merryman (1861), Prize Cases (1863), Ex parte Milligan (1866)

LINCOLN cont’dLINCOLN cont’d

• ---Election of 1864

• ---Emancipation Proclamation—based on Commander-in-Chief power

• Congress strikes back: Andrew Johnson’s near-removal

Progressive/Populist MovementsProgressive/Populist Movements(and how they changed presidency)(and how they changed presidency)• Twin evils: business monopoly and state and

local political machines (how related, how alike)• BTW, why called “machines”?• Mechanisms of machine control (mostly legal at

the time)• a.) ballots printed and distributed by party• b.) SFR method of nomination

c.) patronage/spoils system• d.) non-competitive contracting• e.) welfare-like services to poor and immigrants

Progressive/Populist MovementsProgressive/Populist Movements

Major principles of Pop/Prog Movements: Democratization, Depoliticization, Optimism about Govt. and Social Science

Specific reform goals:1.) government regulation and/or breakup of monopolies2.) increased govt. health/safety legislation/regulation3.) Australian ballot (ballot reform)*4.) Primary elections instead of SFRs for nominations*5.) Nonpartisan elections (in local govts.), manager/council form of govt.6.) Competitive bidding for govt. contracts7.) Civil service (merit) system for awarding govt. jobs*Garfield assassination key to passing Pendleton Act8.) Bigger govt. role in social welfare----benefits as “entitlements” rather than

political favors*

Populist/Progressive MovementsPopulist/Progressive Movements

• 9.****Idealization of the Executive

• ---executive more democratic, better rep. of “the people” rather than special interests, less corruptible

• ---executive more professional: streamlined, organized, scientific

Populist/Progressive MovementsPopulist/Progressive Movements

• Pops and Progs infiltration of the two major parties produced

• 1.) Teddy Roosevelt (R, 1901-1909)• --mixed Hamiltonianism and Jeffersonianism• --Square Deal: Hepburn Act, Expansion of civil service,

Conservation, Pure Food and Drug Act• --used muckrakers as allies• 2.) Woodrow Wilson (D, 1913-1921)• --Party-centered progressivism; idealized contemporary

British parliamentary system• --Popular president could overcome separation of powers

thru leadership of his party in Congress• --New Freedom: creation of Federal Researve System,

creation of FTC, Clayton Anti-Trust Act

IRONY OF IRONY OF POPULIST/PROGESSIVES’ POPULIST/PROGESSIVES’ IMPACT ON PRESIDENCYIMPACT ON PRESIDENCY

• Although they intended to empower the president, some specific reforms weakened the president politically

• ---Australian ballot led to split ticket voting• ---Primary elections led to more challenges to

renomination• ---Merit system reduced control over

bureaucracy• ---Merit system and competitive bidding reduced

political resources• LED TO INCREASING “EXPECTATIONS GAP”

THE MODERN PRESIDENCYTHE MODERN PRESIDENCY

• FDR’s (1933-1945) LEGACY• 1.) Increased public expectations and sense of

perceived responsibility(emergency measures)

• 2.) Permanent agencies/programs• 3.) Creation of Executive Office of the President

(EOP) – moved BoB• 4.) Impact on American Ideology and Party

System• 5.) Impact on defense/foreign policy

MODERN PRESIDENCY MODERN PRESIDENCY

• TRUMAN (1945-1953)• Domestic policy: not much• 1.) Employment Act of 1946: created CEA and

ERP• 2.) National Security Act of 1947: created NSC,

NSA, CIA, DoD• Korean War• Steel strike: Youngstown Sheet and Tube vs.

Sawyer

GROWTH OF EOPGROWTH OF EOP

• 1945 820• 1955 1221• 1960 2779• 1965 3307 (includes 1768 for OEO)• 1972 5721 (peak)• 1975 1801• 1985 1549• 1995 1555• 2000 1665

MODERN PRESIDENCYMODERN PRESIDENCY

• EISENHOWER (1953-1961)• Initial reticence on domestic policyInterested and successful at maintaining

popularity: “Hidden-Hand Presidency”Organizational innovations1.) Big increase in EOP2.) First designated Chief of Staff3.) Congressional liaison4.) Tried to revitalize Cabinet

MODERN PRESIDENCYMODERN PRESIDENCY

• Congress Strikes Back (Again)

• 1.) War Powers Act2.) Impoundment Control and Budget Act

• 3.) Case Act

• 4.) Federal Election Campaign Act

• 5.) Intelligence Reform---creation of House and Senate Intelligence Committees

MODERN PRESIDENCYMODERN PRESIDENCY

• NIXON (1969-1974)• 1.) Began extended period of divided government (1969-

1993, except for 77-81)• 2.) Early continuation of Great Society followed by

increasing conservatism • 3.) Began extended period of economic problems:

wage and price controls, impoundment• 4.) Pursued “secret war” in Cambodia• 5.) Watergate and related stuff• ---campaign “dirty tricks” by CREEP• ---political interference with law enforcement agencies• ---CIA covert operations