Gov 141 Potus

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The Presidency The Most Powerful Office in the World

© 2006 By Default!

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The President’s Powers Formal Powers set by U.S. Constitution, Article II

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Article II Powers  



‘Executive Power vested in a President.’ ‘He shall hold his Office four Years and with the VP chosen for the same Term, be elected, [by the electoral college system]. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

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Article II Powers 



No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

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Article II Powers 



He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint 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: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

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Article II Powers  

 

Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

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Article II Powers  Legislation?  Not

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found in Article II

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Article I 





Section. 7. All Bills for raising Revenue shall originate in the House … but the Senate may propose or concur with Amendments as on other Bills. Every Bill [passing] the House and Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated… If after such Reconsideration 2/3rds agree to pass the Bill, it shall be sent to the other House and if approved by two thirds of that House, it shall become a Law. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

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Article I, Section 7 Continued 

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

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The Expanding Presidency: A Tale of Two “GW’s”  George

Washington’s Budget: $4 million

 George

W. Bush’s Budget: $1.8 Trillion

– 700 armed troops – Population 4 million

– 1.4 million troops, 2.4 million civilian employees – Population 300 million

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Historically Great Presidents  Washington:

Set an early pattern of a temporary executive.  Lincoln: Greatly expanded Presidential powers to save the Union.  T.R.: The first imperial president… expanded federal powers and consolidated the welfare state.  Woodrow Wilson: The Great Reformer

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Historically Great Presidents 

  

FDR: Brought America out of the depression… presided over an incredible expansion of federal government. Served from 1932 until 1944. LBJ: Tried to fight three wars at once but won only Civil Rights. Reagan: Brought an end to the cold war. Set a new path for government Clinton and Bush: So far, so bad… per historians… but we’ll have to wait and see.

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Recent Presidents 

America in transition:

– George H.W. Bush: Won the first Gulf War but left the job unfinished. – Bill Clinton: Presided over an incredible economic expansion. Wasn’t a terribly active President. Believed in “small ball” government. – George W. Bush: Revolutionary in some ways. Presided over the war on terror. Government has grow under watch. Main legacy will be expansion of Democracy… it’s not yet known how successful that will be.

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Roles of a President  Ceremonial:

Head of State  Legislative Leader: Bully pulpit and Article I Powers  Manager of the Economy: Overrated power… but important politically.  Foreign Policy Leader: Controls executive agencies, sets the tone of the debate, drives the agenda, controls the military

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War Powers 

Congress, Article I:

– To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; – To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; – To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

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War Powers  President

has historically been recognized to have the power to commit troops short of war.

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War Powers Act  Passed

in 1972 by Congress  Gave President 60 days for military action before requiring him to come to Congress for further approval  Most Presidents have ignored… Supreme Court likely to stay out of it.

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Presidential Team  VP:

From John Nance Garner to Dick Cheney  The Office of Management and Budget (vs. the Congressional Budget Office)  Council of Economic Advisers  The Cabinet: Secretary of State, of Defense, of Health and Human Services, of Energy, of the EPA, of Interior, of Labor, of Transportation, Director- CIA © 2006 By Default!

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The Presidency & the Executive Branch

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The President and the Pyramid  1999:

Bill Clinton is President. Seattle, WA is hosting a meeting of the World Trade Organization. The WTO has drawn the ire of numerous anti-globalization activists. Clinton, while free trade, wanted to take some of the protestors’ suggestions and make them a part of policy.

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The Base or the Structural Level 

International: The U.S. has long advocated for global policies of free trade and economic interdependence. This system has resulted in stability and prosperity for many nations abroad. At the same time, there are many foreign losers.



International: Commerce has advanced to the point where physical boundaries are less relevant.

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The Base or the Structural Level  Economy:

America’s companies and workers have largely benefited from the free trade system.

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The Base or the Structural Level  Society:

The American people are largely ambivalent to free trade. They resent it when it’s perceived to have cost them jobs. They give it rhetorical support otherwise.

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The Base or the Structural Level  Constitution:

Treaties are the law of the land under the constitution. America has ratified many treaties impacting free trade.

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Political Linkages  Interest

Groups: Business want free trade expansion and incorporation of rules favorable to them in trade agreements.  Interest Groups: Labor groups oppose free trade.  Interest Groups: Many left leaning organizations oppose free trade.

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Political Linkages  Protests,

Demonstrations- Should this be added to the pyramid? The interest groups protests’ take on a life of their own. At times they become violent.

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Political Linkages  The

Media: They cover the protests and attempt to get at the angst that causes them. They serve to bring attention to (some of the) protestors’ causes.  Elections: President Clinton wants to help Al Gore become President in 2000.

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The Parties  Democrats:

President Clinton has worked hard to create a new perception for Democrats. He supports free trade. At the same time, many in his party, including labor, oppose free trade expansion.  Republicans: Poised to support candidates against Democrats. If they can take advantage of free trade riffs, they will. (Typically close to business) © 2006 By Default!

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Political Linkages  Public

Opinion: Public usually rhetorically supports free trade. There are no galvanizing events at this time to rally them to the anti-free trade crowd. Protestors may hurt the cause’s image among the public.

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Government  Congress:

Tends to be slightly free trade absent some galvanizing event.  Courts: Non-player for now.

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Governmental Level  President

Clinton: Strong believer in free trade with protections for the environment. Feels pressure from interest groups on both sides.

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Policy  So

the President endorses both sides… calls for more labor protection and environmental protections in WTO but supports more trade.

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Federal Bureaucracy

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Federal Bureaucracy  The

totality of the departments and agencies of the executive branch of the national government.

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Hostile Political Culture  Americans

generally distrusting of government.

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Civil Servants  Civil

Service: Federal Government jobs held by civilian employees excluding political appointees.  Civil Servant: Government workers employed under the merit system. These are not political appointees.

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Bureaucratic Hodgepodge  Incoherent

organization… few clear lines of responsibility.  Divided control: Bureaucracy in many ways answers to two bosses- Congress and the President.

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The Evolution of the Federal Bureaucracy in America  Post

Civil War: Except for military in the south, fairly small. Bureau for unclaimed lands and Indian Affairs. Ag in response to farm crisis.  Early 20th Century: Bureaucracy expands to meet new needs: food and drug act, banking, anti-trust laws. Prohibition and anticommunism.

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The Evolution of the Federal Bureaucracy in America  The

Great Depression and the New Deal: Work for unemployed (WPA), relief for the poor, Social Security, agricultural subsidies, labor law enforcement.  WWII: Some war time controls and rationing.  Post-WWII:

CIA, Department of Defense, Atomic Energy Commission, Anticommunism

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The Evolution of the Federal Bureaucracy in America  The

Regulatory State: Environmental protection, urban affairs, consumer protection, drug safety, education  The Reagan Devolution: From 1980-2001 we saw increasing rollbacks of government. The war on poverty was surrendered. Less oversight on the economy. Increase in war on drugs. Welfare reform. Largely Republican led. © 2006 By Default!

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The Evolution of the Federal Bureaucracy in America  Post

9/11: Homeland Security Department and the nationalization of airport security/baggage staff. Increase in scope of activities for NSA, CIA, FBI

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The Executive Branch       

Departments Bureaus and Agencies Independent Executive Agencies report to the President Government Corporations: TVA, USPS Quasi governmental orgs- Government involvement, outside control Independent Regulatory Commissions- Control vested outside of political authority. (SEC) Foundations- Private orgs with federal $$ and input.

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Bureaucrats’ Jobs  Execute

the law  Regulating (Fleshing out the law)  Adjudicating (not courts)

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Civil Servants and Political Appointees  Civil

Servants- Career oriented. Usually with agency for years. Have protections from political firings.  Political Appointees- Usually come in at the top of the bureaucracy. Serve at the whim of the President. Much more ideological. Only there for a short time.

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Public Pressure and Bureaucracies  Public

pressures bureaucracies usually only indirectly… public does pressure Congress and President directly.  President and Congress provide often contradictory or incomplete “orders” to bureaucracies after public pressure.

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President’s Control over the Bureaucracy  Not

absolute… ex. branch implements law.  Civil Servants have merit employee protection.  President doesn’t completely control the agencies purse.  Usually exercised through appointment of bureaucratic heads. Also has power to attempt to change the law, executive order

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Congressional Control over the Bureaucracy  Not

direct… more removed than the President’s.  Oversight: Are agencies doing what they’re supposed to be doing.  Appropriations: He who has the gold makes the rules…  Law: Executive branch implements and bound by the law… Congress can change.

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Congressional Control over the Bureaucracy  Confirm

Agency Heads  Inspector Generals

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Reforming the Bureaucracy  Reorganizing

bureaucracies  Privatizing government services  Whistleblower protections

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Slide 49

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