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John Seymour

Created on November 13, 2023

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12: The Presidency

Leading the Nation

Lesson objectives:

After completing this lesson, you will be able to:

Describe the evolution of presidential power.
Summarize the president’s roles.
Describe the presidential election process.
Explain the structure of the executive branch.
Identify and explain sources of presidential power.

Objectives

The Making of the Modern Presidency

The framers did not anticipate the development of presidential selection by popular election.

With the expansion of presidential power, particularly in the 20th century

The Constitution states that the president must be:

At least 35 years old.
A U.S. resident for at least 14 years.
A natural-born U.S. citizen.

The Twenty-Second Amendment limits a president to two terms of office.

Table 12-1 The Path to the White House (since 1901)

* Became president on death or resignation of incumbent.

Expansion of Presidential Power (1)

Provisions of Article II of the Constitution define the president’s authority in general terms. Chief executive: “He shall take care that the laws be faithfully executed and shall commission all the officers of the United States.” Commander in chief: “The President shall be commander in chief . . . .”

Expansion of Presidential Power (2)

Chief diplomat: Provisions granting the president the power to “appoint” and “receive” ambassadors. Head of state: Provisions which refers to the president’s ceremonial role as representative of the government. Chief legislator: The provision that says the president can “recommend” measures to Congress and inform it on the “state of the Union.”

Expansion of Presidential Power (3)

Over the course of American history, each of the president’s constitutional roles has been expanded in practice beyond the framers’ intent. More than 85 percent of U.S. military engagements since World War II have been waged solely on presidential authority.

No congressional declaration of war.

Presidents gradually took charge of U.S. foreign policy, and today nearly every foreign policy initiative originates with the president.

Expansion of Presidential Power (4)

Presidents use “executive power” to permit or prohibit use of funds provided for by acts of Congress. Modern presidents regularly submit proposals to Congress and do not hesitate to veto legislation.

Changing Conception of the Presidency

Two features of the office have enabled presidents to claim national policy leadership.

National election.
Singular authority.

Limited presidency theory (also called Whig theory): The presidency is a limited office charged with carrying out the will of Congress. Stewardship theory: calls for a strong presidency that is limited only by what the Constitution prohibits.

Theodore Roosevelt.

Need for a Strong Presidency

The federal government’s increased policy responsibilities have made the presidency an inherently strong office. Domestic policy leadership:

President is uniquely positioned to lead policy initiatives.

Foreign policy leadership:

Changes wrought by World War II.
Singleness of purpose and fast action.

Staffing the Presidency

As the policy responsibilities of the presidency have expanded and as the executive bureaucracy has grown in size in response to heightened demands on the federal government, the staffing of the presidency has increased greatly.

The Executive Office of the President (EOP)

The key staff organization is the Executive Office of the President (EOP), created by Congress in 1939. It includes a number of units:

White House Office (W H O), which serves the president most directly and includes the Communications Office; Office of the Press Secretary; and Office of Legislative Affairs.
Office of Management and Budget (OMB).
National Security Council.
National Economic Council.

The Vice President

The vice president is a separate elective office but is a part of the team. The office has no constitutional authority other than as presiding officer in the Senate. Duties are determined by the president.

Past presidents typically ignored their vice presidents.
President Carter redefined the office by assigning his vice president important duties.

The Cabinet and Agency Appointees

The president’s cabinet are the heads of the 15 executive departments.

Appointed by the president, confirmed by the Senate.
Cabinet is no longer used as an advisory body.

Other presidential appointments:

More than 2,000 full-time presidential appointees.
Heads and top deputies of federal agencies and commissions.
About half of appointees (including ambassadors and agency heads) require Senate confirmation.

The Problem of Control

The large number of appointees poses a control problem for the president.

Do not always act in ways that serve the president’s interest.

The most severe problem is with appointees working in departments/agencies not within the White House.

Loyalty is sometimes split between the president and their own agendas.
Lower level appointees are a particular problem because they are rarely seen by the president, many are new to politics, and they sometimes come to side with the agency in which they work.

Bridging the Power Gap (2)

Special circumstances foster presidential power. Decisive election victory; a compelling national problem; and a president who knows what is expected and pursues appropriate policies.

Great Depression: FDR.
Presidential assassination, civil rights movement, large Democratic majorities: LBJ.
Economic trouble, high unemployment: Ronald Reagan.

The popular impression that presidents unilaterally decide national policy is incorrect.

This Photo by Unknown Author is licensed under CC BY-SA

Bridging the Power Gap (3)

Presidents have greater power in foreign policy. Congress at times defers to the president in order to maintain America’s credibility abroad. President has more autonomy in foreign policy actions.

Executive agreement.
Use of military force.
Relationship with executive agencies.

Congress has greater control over domestic policy.

Party Leader (1)

The President must work with Congress. Presidents acquire leverage with Congress from their role as party leader.

As their party’s highest elected official, presidents are their party’s chief policy advocate.
The relationships are not always easy.

Party Leader (2)

There are several ways presidents can pressure Congress. Persuasion. Appeal directly to the American people. Threat of presidential veto.

Congress can seldom muster the two-thirds majority in each chamber required to override a veto.

Party Leader (3)

Strong presidents have typically had a clear sense of where they want to lead the country and an ability to communicate that vision.

Typified by Ronald Reagan.

Presidential success is also dependent upon:

Whether circumstances are such that bold action is needed.
The stage of the president’s term.
The nature of the issue.
The makeup of Congress.

Party Leader (4)

The president has an unrivaled ability to set the national agenda.

Congress may take action or not, but they will take notice.
In seeking cooperation, presidents rely on their power of persuasion—and the threat of a veto.

Partisan support in Congress is often key.

Unified versus divided government.

Figure 12-2 Presidents’ Legislative Success

Presidents can shape public opinion and rally support for legislation through speeches, press conferences, and social media.
Challenges arise when presidents try to pass controversial or divisive legislation, and their relationship with Congress plays a significant role.
Presidents have the power to veto bills, but Congress can override a veto with a two-thirds majority.

Presidents can endorse legislation, but it takes Congress to enact it. Although presidents have had considerable success in getting congressional support for bills they backed, they have fared much better when their party controlled Congress than when one or both congressional chambers were controlled by the other party.

Source: Calculated by author from Congressional Quarterly reports from 1952 to 2020.

The Bully Pulpit (1)

President Theodore Roosevelt described the presidency as a bully pulpit—a platform from which to shape the nation’s agenda.

Every communication breakthrough of the past half-century has enlarged the bully pulpit.

The president’s agenda-setting capacity is a source of power. Presidents do not fully control their message, however.

Journalist spin.
Negative aspects highlighted.

The Bully Pulpit (2)

Few things are more important to presidents’ success than their public support.

Permanent campaign: persistent efforts to maintain public support, blurring the line between campaigning and governing.
Presidents spend nearly half of their time preparing for and pitching their messages.
Difficult policy problems and adverse developments at home or abroad invariably cut away at a president’s popularity.
More than half of post–World War II presidents have left office with a presidential approval rating of less than 50 percent.

Table 12-2 Percentage of Public Expressing Approval of President’s Performance

Source: Averages compiled from Gallup polls.

Conflicting Ideas: President of All the People, or Only Those from the Same Party?

Democrats are more likely to approve of the performance of a Democratic president and disapprove of that of a Republican president, while the reverse is true of Republicans. However, as indicated by Gallup polls, the gap in Democrats’ and Republicans’ opinions has widened in recent years.

Going It Alone

Executive order: A presidential directive that implements or interprets a law passed by Congress. Executive agreement: A formal agreement that presidents make on their own with a foreign nation.

Can be voided by a later president.
Treaty requires Senate approval.

Use of military force.

Roughly 150 president-initiated military actions since the end of World War II.

Formal Agreements with Other Nations

In the past eight decades, presidents have signed over 17,000 executive agreements with other countries—more than 15 times the number of treaties ratified by the Senate during the same period. Treaties require a two-thirds vote of Senate for ratification. Executive agreements require only the signature of the president.

Source: U.S. Department of State. Figure based on the 1939–2013 period.

Impeachment

Congress has the constitutional authority to impeach and remove the president from office.

Requires majority vote of House of Representatives.
Senate conducts trial and votes on case.
Two-thirds Senate vote required for removal from office.

There have been three impeachments of a president; none have been removed from office.

Andrew Johnson 1868.
Bill Clinton 1998.
Donald Trump 2020 (two articles of impeachment).

Executive Overreach

Congress and the courts curb presidential power. War Powers Act:

President must consult with Congress before sending troops.
President must inform Congress within 48 hours of reasons.
Hostilities must end in 60 days (plus 30-day safe drawdown) unless Congress approves extension.

Federal Courts can overturn executive orders.

Obama: “Whenever they won’t act, I will.”
Trump was forced to modify an executive order for it to be upheld by the Supreme Court.

The Illusion of Presidential Government (1)

Honeymoon period following election:

Congress, press, and the people are more predisposed to support the new president’s initiatives.
More new programs are proposed in a president’s first year in office than in any subsequent year.
As a result, presidents are often most powerful when they are least experienced.

Success decreases over time.

Fewer new ideas or political resources.
Momentum of election is gone.
Sources of opposition emerge.

The Illusion of Presidential Government (2)

Presidents strive to be the center of national attention.

It is a key to their policy influence and ability to win the support of other leaders and the American people.

The public’s expectations are high because of the perception that presidents are in charge of the government.

Too much credit when things go well.
Too much blame when they do not.

Presidential power rests on a popular base.

Erodes when public support declines.

Summary

The role of the presidency in the US has evolved significantly from what the framers of the Constitution originally intended, as the president now holds significant authority in various matters, faces various challenges, and uses various strategies to bridge the power gap. The evolution of the presidency in the US

The president now holds significant authority in military, diplomatic, legislative, and executive matters, which has grown over time.
The president is the leader of the nation and the head of the executive branch, which gives the president broad powers and responsibilities.
The president’s authority has expanded in response to the increasing demands placed on the federal government by global and national changes, such as wars, crises, and social movements.

The challenges of being a modern president

To effectively navigate the complexities of being a modern president, it is crucial to have a large number of advisers, policy experts, and managers, but the president does not have complete control over them or the executive branch.
The president needs staff resources to assist in gaining control over the executive branch and provide the necessary information for making policies.
The president faces the problem of coordination and accountability, as the actions of others can work against the president’s goals or cause scandals or controversies.
The president operates within a system where powers are divided, and the formal authority alone is insufficient to meet the demands placed on the president by the public, the media, and the other branches of government.

The strategies to bridge the power gap

The president possesses various strategies to bridge the power gap and achieve the president’s objectives, such as using the bully pulpit, the permanent campaign, the party leadership, and the independent action.
The president uses the bully pulpit as the center of national attention, allowing the president to influence the nation’s agenda, shape public opinion, and pressure other actors.
The president engages in the permanent campaign, where the president strives to generate public support for the president’s initiatives, mobilize the president’s base, and win reelection.
The president leads the president’s party in Congress, where the president provides direction, coordination, and resources to the party members, and expects loyalty and cooperation from them in return.
The president acts independently through issuing executive orders, making executive agreements with other nations, and deploying troops into combat using the president’s own authority, without seeking the approval or consent of the other branches of government.

Patterson_We_the_People_15e_PPT_Ch12_update_comp

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