· 7 years ago · Nov 19, 2018, 03:34 AM
1 7.1 - Roots of the Office of President of the United States
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3 Origins
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5 Earliest example of executive power: Royal governor
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7 King of England appointed one to each British colony
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9 Normally entrusted them with the “powers of appointment, military command, expenditure, and pardon, as well as with large powers in connection with the powers of law making.â€
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11 Were at odds w/ colonists & legislatures cause of their connection w/ king
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13 After indep. > Distrusted a strong chief executive
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15 Reduced the office of governor to a symbolic post elected annually by the legislature
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17 Some did increase pwr to chief executives
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19 NY: people directly elected the governor
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21 Pwr to pardon, the duty to faithfully execute the laws, and the power to act as commander in chief of the state militia
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23 Under AoC: No executive branch of government existed;
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25 18 men served as the president of the Continental Congress (held no actual authority)
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27 At the Constitutional Convention:
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29 Should be an executive branch
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31 Executive authority should be vested in one person
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33 Called "The President"
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35 Elected by the people (via electoral college)
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37 Has veto over Congress
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39 Presidential Qualifications and Terms of Office
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41 Requirements:
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43 Natural-born citizen of the United States
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45 At least thirty-five years old
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47 Resident of the United States for fourteen years or longer
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49 Back then, international diplomats went overseas for substantial periods“historically, the lack of power to of time
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51 Does not bar minorities/women from running
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53 Terms:
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55 Proposals @ Constitutional Convention varied from four-, seven-, and eleven-year terms with no eligibility for reelection
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57 Decided on four-year terms with eligibility for reelection
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59 How many reelections?
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61 George Washington set trend for a two-term limit for presidents
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63 Remained standard for 150 years (except Ulysses S. Grant's attempt at a third term)
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65 1930-40s: Franklin D. Roosevelt won four elections (due to fighting the Great Depression and then World War II
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67 Negative sentiment to this resulted in 1951's Twenty-Second Amendment (limits presidents to two four-year terms)
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69 VP succeeding a president due to death, resignation, or impeachment is eligible for a maximum of ten years in office (½ a term from former pres. & 2 voted terms, etc.)
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71 Impeachment: Ability to charge president/civil officers with “Treason, Bribery, or other high Crimes and Misdemeanorsâ€
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73 Introduced by Benjamin Franklin, saying that people would turn to assassination without it
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75 Method:
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77 House impeaches President w/ majority vote
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79 Senate acts as a court of law, trying president for the charged offenses (chief justice of the U.S. Supreme Court presiding)
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81 2/3 Majority Vote to expel president from office
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83 Only impeached two men: Andrew Johnson and Bill Clinton
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85 Executive privilege: Allows the president to refuse to disclose information regarding confidential conversations to Congress/Judiciary
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87 U.S. v. Nixon (1974): Unanimous rule that No overriding executive privilege sanctioned the president’s refusal to comply with a court order to produce information for use by Watergate's defendants
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89 Caused variation in claims of executive privilege
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91 Rules of Succession
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93 Eight presidents have died in office from illness or assassination
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95 William H. Harrison caught a cold at his inauguration in 1841, died one month later
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97 1865: Abraham Lincoln assassinated
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99 Framers created the office of the vice president to succeed president
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101 Passed in 1947 the Presidential Succession Act, which lists (in order) those in line to succeed
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103 1967: Twenty-Fifth Amendment passed as response to President John F. Kennedy's assassination
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105 If VP spot is vacant, the president appoints new VP (subject to Congress' approval)
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107 Allows VP & Cabinet majority to deem a president unable to fulfill his duties
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109 VP can become acting president if the president is incapacitated
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111 President allowed to voluntarily relinquish his power or resign from office
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113 7.2 - The Constitutional Powers of the President
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115 Important section in Const.: “The executive Power shall be vested in a President of the United States of America.â€
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117 The Appointment Power
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119 Authorized to appoint, with the advice/consent of Senate, “Ambassadors, other public Ministers and Consuls, judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.â€
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121 How many officers is that?
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123 3,500 appointments (1,125 require Senate confirmation)
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125 Can remove appointments at will
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127 >75,000 military personnel
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129 Appointees in positions that greatly influence public policy, influence can last far past terms of office
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131 Presidents look for a blend of loyalty, competence, and integrity; also try to make staffs more diverse than ever
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133 In the past: Senate traditionally gave his selections great respect
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135 The Cabinet: Advisory group chosen by the president to help him make decisions and execute laws
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137 Until Clinton, Senate confirmed 97% of nominations
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139 Nowadays: Senate can delay the approval of nominees for months
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141 Investigate nominee's pasts and political wrangling
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143 Delays/rejections leave a president without first choices, affect a president’s relationship with the Senate, and influence how the public perceives the president
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145 Thus, presidents make threats of temporary appointments while Congress is in recess (w/o needing approval) to force Congress to decide quickly
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147 Obama did this after 63 appointments were delayed – 27 were confirmed
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149 The Power to Convene Congress
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151 Has to inform the Congress periodically of “the State of the Unionâ€
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153 Address to Congress
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155 Authorized to convene either one or both houses of Congress on “extraordinary Occasions" (like treaty-planning)
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157 Had more importance when Congress did not sit in nearly year-round sessions
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159 The Power to Make Treaties
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161 Checked by 2/3 of Senate must approve all treaties made to become active
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163 In past: Senate ratifies 90% of submitted treaties
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165 Senate has rejected only twenty-one treaties put to a vote (under highly partisan circumstances)
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167 Ex. Treaty of Versailles called for the creation of the League of Nations (to foster continued peace and international disarmament)
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169 Henry Cabot Lodge fought Wilson on treaty, saying it would place the United States in the center of every major international conflict
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171 Wilson argued that membership would enhance US role as a world power
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173 Ended up w/ Senate rejecting the treaty
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175 Senate thus can force addition of amendments to treaties (Panama Canal Treaty)
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177 President authorized to “receive ambassadors†(can recognize the existence of other nations)
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179 Presidents can "unsign" treaties
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181 G.W. Bush formally withdrew its support for the International Criminal Court (prosecuted war crimes, genocide, and other crimes against humanity)
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183 Presidents must consider wishes of Congress, unless...
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185 “Fast track†authority: Protects a president’s ability to negotiate trade agreements with confidence that Congress will not alter the accords
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187 Forbids amendments to treaties
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189 Forces a Congress vote 90 days after introduction
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191 Executive agreements: Allow president to form secret and highly sensitive arrangements with foreign nations w/o Senate approval
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193 Dissolve when president leaves office
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195 The Veto Power
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197 Authority to reject bills passed by both houses of Congress
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199 Threat of vetos are used like a gun on COngress to pass favored legislation
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201 During Const. Conven.
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203 Decided to give Congress the authority to override an executive veto by a two-thirds vote in each house
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205 However, requires bipartisan support > only 100/2500 vetoes have been overridden
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207 1873: Grant proposed a line-item veto (veto for only one part of a spending bill), like a governor
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209 150 resolutions calling for a line-item veto were introduced in Congress
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211 1996: Gave president authority, but Clinton used it to block funds for New York
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213 Clinton v. City of New York (1998) decided that the line-item veto was unconstitutional; significant alterations of power require amendments
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215 The Power to Preside over the Military as Commander in Chief
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217 Article II says that pres is "Commander in Chief of the Army and Navy of the United States"
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219 Congress has the sole power to declare war, but presidents usually stretch the chief executive’s duty to “take Care that the Laws be faithfully executed†to wage war
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221 This results in a clashing w/ Congress
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223 The Vietnam War was conducted w/o Congress declaring war, & Congress decided to support LBJ's claim of war, passing the Gulf of Tonkin Resolution
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225 However, The Pentagon Papers revealed that the Johnson administration had systematically altered casualty figures and distorted key facts to place the progress of the war in a more positive light
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227 Angered by this, passed War Powers Resolution (`1973) to limit authority to introduce American troops into hostile foreign lands w/o COngressional approval (President Nixon vetoed the resolution, but was overriden)
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229 Presidents from then on insist that the War Powers Resolution is an unconstitutional infringement
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231 However, GW Bush used this to his advantage by asking Congress for approval before authorizing the use of force against the 9/11 causers – gave him more power over than LBJ ever had over the resulting army
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233 This has given some power back to the president on war
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235 The Pardoning Power
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237 Checks judicial power by releasing an individual from the punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship
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239 Can pardon any crime (except impeachment)
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241 Example: President Gerald R. Ford pardoned Nixon of the crimes he committed in office
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243 Was rather unpopular with public > caused him to lose reelection
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245 Also used by presidents to grant amnesty to large classes of individuals
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247 Ex.: Jimmy Carter pardoned 10,000 men who had dodged the draft
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249 7.3 - The Development and Expansion of Presidential Power
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251 Establishing Presidential Authority: The First Presidents
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253 George Washington:
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255 Gov. Wasn't created (Contrast to 4 years later, where there were a few hundred postal workers & a small Cabinet)
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257 Budget was about $40 million, or approximately $10 per citizen (Contrast w/ $3.55 trillion, or $11,500 per person)
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259 Precedents set:
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261 Established the idea of federal supremacy & executive authority (Whiskey Rebellion)
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263 Began the practice of regular meetings with his advisers (Cabinet)
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265 Asserted the chief executive’s prominent role in the conduct of foreign affairs; limited Senate’s function was limited to treaty approval (Negotiation of Jay's Treaty)
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267 Claimed the powers of the presidency as the basis for establishing a policy of strict neutrality (French & British war)
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269 Introduced idea of inherent powers (pwrs inherited from the constitution)
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271 John Adams:
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273 Poor leadership skills > heightened the divisions between Federalists and Anti-Federalists, boosted political party development
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275 Thomas Jefferson:
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277 Took critical steps to expand the role of the president in legislative power (Louisiana Purchase)
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279 Incremental Expansion of Presidential Powers: 1809–1933
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281 Early gov. Was heavily weighted in favor of a strong Congress (Reps were more appreciated than the pres)
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283 Due to this (& a series of relatively weak presidents), Congress quickly asserted itself as the most powerful branch of government
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285 Andrew Jackson:
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287 First president to be neither a Virginian nor an Adams (frontier spirit)
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289 Beginning of Jacksonian democracy
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291 Spoils system: reward loyals w/ presidential appointments
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293 Used more vetoes (12)
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295 Reasserted the supremacy of the national government by striking down nullification
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297 Abraham Lincoln:
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299 Assumed powers that no president before him had claimed
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301 Trying to act quickly, he made many decisions without first obtaining approval
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303 He suspended the writ of habeas corpus (allows those in prison to petition for release) to keep traitors in jail
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305 Expanded the size of the U.S. Army above mandated size
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307 Ordered a blockade of southern ports
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309 Closed the U.S. mail to avoid spying
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311 Argued that inherent powers allowed him to circumvent the Constitution in a time of war or national crisis
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313 Creating the Modern Presidency
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315 Since 1930s: Presidential decision more important
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317 Franklin D. Roosevelt:
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319 Elected during Great Depression, given pwr by Congress to "wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.â€
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321 Fashioned the New Deal to repair economy
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323 Changed presidency forever
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325 Created a new bureaucracy to implement pet programs
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327 Personalized the presidency by establishing a new relationship b/w people (fireside chats)
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329 Roosevelt's Modern Presidency:
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331 Burgeoning federal bureaucracy, an active and usually leading role in both domestic and foreign policy and legislation, and a nationalized executive office that used technology to bring the president closer to the public than ever before
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333 7.4 - The Presidential Establishment
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335 The Vice President
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337 Usually choosen to balance (politically, geographically, or otherwise) the presidential ticket > didn't think the VP could become president
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339 Example: Mitt Romney had Paul Ryan run as his running mate to energize social conservatives who had not been firmly behind him as well as give Republican ticket expertise in federal financial matters
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341 Pwr VP has depends on how much the president is willing to give
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343 Cater was first to give VP (Mondale) official powers
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345 Dick Cheney and Joe Biden have also been given significant powers and access to the president
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347 The Cabinet
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349 Informal institution based on practice and precedent whose membership is determined by tradition and presidential discretion
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351 Usually the heads of major executive departments
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353 Today, they include the VP
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355 Helps president execute the laws and assists him in making decisions
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357 Cabinet not in Constitution, but department heads are
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359 Has grown alongside the responsibilities of the national government
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361 As interest groups pressured Congress to recognize their demands for services and governmental action > given an executive department
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363 Heads of executive departments are automatically on the Cabinet, so powerful clientele groups have a way to influence government (education, agriculture)
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365 Size of Cabinet has increased, but reliance has decreased
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367 The First Lady
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369 Usually informal advisers (Abigail Adams was an early feminist)
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371 Edith Bolling Galt Wilson was most powerful first lady
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373 When Wilson paralyzed, decided whom and what the stricken president saw (First Man)
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375 Eleanor Roosevelt:
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377 Wrote nationally syndicated daily newspaper column
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379 Lectured a lot, worked tirelessly on countless Democratic Party matters
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381 Delegate to the United Nations, headed the commission that drafted the covenant on human rights
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383 Headed John F. Kennedy’s Commission on the Status of Women
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385 Michelle Obama
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387 Prioritized health and physical fitness
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389 Stressed the importance of healthy lunches and fresh food (tackling childhood obesity)
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391 The Executive Office of the President (EOP)
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393 Mini-bureaucracy created in 1939 (FDR) to provide the president with a general staff to help him direct the diverse activities of the executive branch
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395 Includes several advisory and policy-making agencies/task forces
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397 National Security Council, the Council of Economic Advisers, the Office of Management and Budget, the Office of the Vice President, and the Office of the U.S. Trade Representative
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399 Become the prime policy makers in their fields of expertise, as they play key roles in advancing the president’s policy preferences
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401 NSC:
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403 Established in 1947 to advise the president on American military affairs and foreign policy
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405 Includes: President; VP; secretaries of state, defense, and treasury; chair of the Joint Chiefs of Staff; CIA director
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407 White House chief of staff and the general counsel, may attend
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409 National security adviser runs the staff of the NSC, coordinates information, advises the president
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411 However, must perform their tasks in accordance with congressional legislation, don't have to be loyal to president
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413 Presidents indicate their policy preferences by the kinds of offices they include in the EOP
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415 Ex. Obama
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417 Economic Recovery Advisory Board shows concern about the economy/ desire to go out of recession
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419 Rise in "Czars": administrators given authority by the president over important policy priorities
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421 Reports directly to the president with updates concerning their target areas
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423 Help president oversee special interests
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425 The White House Staff
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427 Personal assistants to the president
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429 Includes senior aides, their deputies, assistants with professional duties, and clerical and administrative aides
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431 Also: Domestic, foreign, and economic policy strategists; the communications staff; the White House counsel; and a liaison between the president and Congress
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433 Have no independent legal authority, not subject to Senate confirmation, no divided loyalties
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435 Usually have chief of staff whose job is to facilitate the smooth running of the staff and executive branch
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437 Protected the president from mistakes and helped implement policies to obtain the maximum political advantage
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439 As public demands on the president have grown, the size of the White House staff has increased
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441 51 (1943) > 247 > 583 (1972)
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443 Thus, it was trimmed down to around 500
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445 Obama has 490 staffers
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447 7.5 - Presidential Leadership and the Importance of Public Opinion
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449 Presidential Leadership and Personality
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451 Difference b/w great and mediocre presidents centers on ability to grasp the importance of leadership style
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453 Great presidents understood that White House was seat of power from which decisions could flow to shape the national destiny
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455 Must use activities to bolster support for their policies/secure backing to translate their intuitive judgment into meaningful action
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457 Mediocre presidents regard White House as a "badge of honor" (kinda like a bragging point I think)
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459 Neustadt:
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461 Power to persuade crucial to presidential leadership; enables presidents to get policy goals enacted and win support for their policies in the electorate
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463 Usually comes form president’s natural charisma or ability to make people do things they would not ordinarily do
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465 Personality is said to influence his success
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467 Presidents with mood disorders may be best suited to lead when crises arise (Lincoln’s melancholy)
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469 Obama as example:
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471 Traveled abroad more than any other president
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473 Went out of their way to embrace international values, especially in the Middle East
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475 Going Public
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477 Presidents tried to reach out to the public to gain support for their programs (Bully pulpit)
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479 Modern tech has made this much easier
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481 Direct presidential appeals to the electorate are called “going public" (meaning president bypasses the heads of members of Congress to gain support from the people to put pressure on Congress)
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483 Ex. Bill Clinton
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485 Launched his health care reform proposals on a prime-time edition of Nightline
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487 Ex. Obama
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489 First sitting president to appear on The Late Show with David Letterman
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491 Had favorable audiences for his speeches
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493 The President and Public Opinion
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495 Use approval ratings as tacit measures of their political capital (ability to enact public policy simply because of name)
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497 Hi Approval = more powerful leaders, legislation mandate by virtue of high levels of public support (USA PATRIOT Act)
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499 Lo Approval = crippled presidents in the policy arena, preventing favored policies from being enacted, even when their party controls the legislature (legislators shy away from bad reps)
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501 Presidential popularity generally follows a cyclical pattern
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503 Presidents enjoy their highest level of public approval at the beginning of terms -- try to take advantage of this honeymoon period to get programs released
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505 However, divisiveness brings disapproval, which tends to have a negative cumulative effect on a president’s approval rating after LBJ (usually bringing it down lower than 50%; due to Vietnam, the Iraq War, and economic recessions)
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507 Recent presidents have experienced a surge in their approval ratings during office
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509 Usually from events such as 1991 Persian Gulf War or the 9/11 terrorist attacks
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511 Temporary – soon fade as cumulative effects of governing catch up
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513 7.6 - Toward Reform: The President as Policy Maker
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515 The President's Role in Proposing and Facilitating Legislation
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517 Modern presidents play major role in setting the legislative agenda, especially in era when Congress narrowly divided along partisan lines (speeds legislation up)
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519 Presidents have a hard time persuading Congress to pass their programs
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521 More likely to win on bills central to their announced agendas (Obamacare) than to secure passage of legislation proposed by others
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523 Important for a president to propose key plans early in his administration
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525 Can bolster support for his legislative package by calling on his party
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527 Informal leader: Should build coalitions in Congress, where party loyalty is very important
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529 Works when the president has carried members of his party into office on his coattails/has a Congressional majority
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531 The Budgetary Process and Legislative Implementation
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533 Sets national policy and priorities through his budget proposals and his continued insistence on their congressional pasasge
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535 Outlines programs he wants, indicates importance of each program by the amount of funding requested for each/for its department
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537 Before:
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539 Congress had responsibility for the budgetary process until 1930
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541 GD gave FDR opportunity to involve himself in the congressional budgetary process
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543 Decided to create the Bureau of the Budget to help the president inform Congress of the amount of money needed to run the executive branch of government (Nixon renamed it the Office of Management and Budget (OMB))
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545 Works exclusively for the president and employs hundreds of budget experts
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547 Prepares the president’s annual budget proposal; assesses the costs of the president’s proposals; and reviews the progress, budget, and program proposals of the executive department agencies
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549 Supplies conomic forecasts to the president, analyzes proposed bills and agency rules
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551 Allow president to defend his budget
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553 Policy Making Through Executive Order
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555 Executive order: Rule or regulation issued by the president that has the effect of law w/o approval
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557 Ex. Truman's order to end segregation in the military; affirmative action
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559 Signing statements: Occasional written comments attached to a bill signed by the president
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561 Usually comment on the bill, but can claim that some part of the legislation is unconstitutional and that he intends to disregard it
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563 Ex. GW Bush using signing statements to disregard laws about military rules and regulations (torturing prisoners)
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565 New way for president to use his informal powers to influence public policy
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567 Statements invite litigation and may delay policy implementation, & are usually unchecked by Congress