Presidency 0910

Report as inappropriate Your report has been received

Shared by: HC120704141641

Tags

Stats

views:: 0
posted:: 7/4/2012
language:
pages:: 31

Public Domain

Document Sample

Presidential and Vice Presidential Salaries
Exclusive of Perquisites
Data from Congressional Quarterly's Guide to the Presidency
Year President Vice President Cabinet
1789 $25,000 $5,000
1873 $50,000 $10,000
1906 $50,000 $12,000
1909 $75,000 $12,000
1946 $75,000 $20,000
$100,000 $30,000
1949 $50,000 non-taxable expense $10,000 non-taxable expense
account account
$100,000 $35,000
1951 $50,000 non-taxable expense $10,000 non-taxable expense
account account
$100,000 $35,000
1953 $50,000 taxable expense $10,000 taxable expense
account account
$100,000 $43,000
1964 $50,000 taxable expense $10,000 taxable expense
account account
$200,000 $62,500
1969 $50,000 taxable expense $10,000 taxable expense
account account
$200,000 $62,500
1979 $50,000 non-taxable expense $10,000 taxable expense
account account
$200,000 $171,000
1994 $50,000 non-taxable expense $10,000 taxable expense
account account
2001 $400,000 $175,400 $161,200
2003 $400,000 $198,600 $171,900
2003 data from CRS Report http://www.senate.gov/reference/resources/pdf/98-53.pdf
Effective January 1, 2001, the annual salary of the president of the United States was
increased to $400,000 per year, including a $50,000 expense allowance.

Presidential Trivia
Who was the only bachelor to lead the nation?

Presidents Who Were Related to Each Other
 John Adams was the father of John Quincy Adams.
 James Madison and Zachary Taylor were second cousins.
 William Henry Harrison was the grandfather of Benjamin Harrison.
 Franklin Delano Roosevelt was a fifth cousin of Theodore Roosevelt.
 George W. Bush is the son of George Bush.
 More...

Before I Became President...
 Twenty-six Presidents were lawyers before becoming president.
 Twelve presidents were generals: Washington, Jackson, W. Harrison, Taylor, Pierce, A.
Johnson, Grant, Hayes, Garfield, Arthur, B. Harrison, and Eisenhower. At the end of the American
Revolution, the suggestion that General Washington become king circulated in the Army's upper
ranks. Washington reacted strongly against the idea, saying, "no occurrence in the course of the
War has given me more painful sensations."
 Nine years after leaving the presidency, Taft was appointed chief justice of the Supreme
Court. So pleased was he with this career change that he later wrote, "I don't remember that I was
ever president."
 George Washington's salary as president was $25,000. Bush's salary is $400,000.
 More Presidents' Occupations

Related Links
 Presidential Factfile
 Almanac: U.S. Presidents
 Presidents' Day Quiz
 Hangman: U.S. Presidents
 Presidential Quotes
 Famous Presidential Speeches
 First Families
 Presidents' Gallery
 First Ladies' Gallery

97
PRESIDENTIAL TRIVIA

th
BARACK OBAMA is the 44 president but there actually have only been 42 presidents: Cleveland was
elected for two nonconsecutive terms and is counted twice, as our 22nd and 24th president.
EIGHT PRESIDENTS were born British subjects: Washington, J. Adams, Jefferson, Madison, Monroe,
J. Q. Adams, Jackson, and W. Harrison.
NINE PRESIDENTS never attended college: Washington, Jackson, Van Buren, Taylor, Fillmore, Lincoln,
A. Johnson, Cleveland, and Truman. The college that has the most presidents as alumni (six in total) is
Harvard: J. Adams, J. Q. Adams, T. Roosevelt, F. Roosevelt, Kennedy, and G. W. Bush (business
school). Yale is a close second, with five presidents as alumni: Taft, Ford (law school), G.H.W. Bush,
Clinton (law school), and G. W. Bush.
PRESIDENTS WHO would be considered "Washington outsiders" (i.e., the 18 presidents who never
served in Congress) are: Washington, J. Adams, Jefferson, Taylor, Grant, Arthur, Cleveland, T.
Roosevelt, Taft, Wilson, Coolidge, Hoover, F. Roosevelt, Eisenhower, Carter, Reagan, Clinton, and G. W.
Bush.
THE MOST COMMON religious affiliation among presidents has been Episcopalian, followed by
Presbyterian.
THE ANCESTRY of 43 presidents is limited to the following seven heritages, or some combination
thereof: Dutch, English, Irish, Scottish, Welsh, Swiss, or German. (Obama—African)
THE OLDEST elected president was Reagan (age 69); the youngest was Kennedy (age 43). Theodore
Roosevelt, however, was the youngest man to become president—he was 42 when he succeeded
McKinley, who had been assassinated. THE OLDEST LIVING former president was Gerald Ford, who
was born on July 14, 1913, and died on Dec.27, 2006, at age 93. The second oldest was Ronald Reagan,
who also lived to be 93 years.
THE TALLEST president was Lincoln at 6'4"; at 5'4", Madison was the shortest.
FOURTEEN PRESIDENTS served as vice presidents: J. Adams, Jefferson, Van Buren, Tyler, Fillmore,
A. Johnson, Arthur, T. Roosevelt, Coolidge, Truman, Nixon, L. Johnson, Ford, and George H.W. Bush.
VICE PRESIDENTS were originally the presidential candidates receiving the second-largest number of
electoral votes. The Twelfth Amendment, passed in 1804, changed the system so that the electoral
college voted separately for president and vice president. The presidential candidate, however, gradually
gained power over the nominating convention to choose his own running mate.
FOR TWO YEARS the nation was run by a president and a vice president who were not elected by the
people. After Vice President Spiro T. Agnew resigned in 1973, President Nixon appointed Gerald Ford
as vice president. Nixon resigned the following year, which left Ford as president, and Ford's appointed
vice president, Nelson Rockefeller, as second in line.
FOUR PRESIDENTS won the popular vote but lost the presidency: Andrew Jackson won the popular vote
but lost the election to John Quincy Adams (1824); Samuel J. Tilden won the popular vote but lost the
election to Rutherford B. Hayes (1876); Grover Cleveland won the popular vote but lost the election to
Benjamin Harrison (1888); Al Gore won the popular vote but lost the election to George W. Bush (2000).

98
THE TERM "First Lady" was first used in 1877 in reference to Lucy Ware Webb Hayes. Most First
Ladies, including Jackie Kennedy, are said to have hated the label.
JAMES BUCHANAN was the only president never to marry. Five presidents remarried after the death of
their first wives—two of whom, Tyler and Wilson, remarried while in the White House. Reagan was the
only divorced president. Six presidents had no children. Tyler—father of fifteen—had the most.
PRESIDENTS LINCOLN, Garfield, McKinley, and Kennedy were assassinated in office.
ASSASSINATION ATTEMPTS were made on the lives of Jackson, T. Roosevelt, F. Roosevelt,
Truman, Ford, and Reagan.
EIGHT PRESIDENTS died in office: W. Harrison (after having served only one month), Taylor, Lincoln,
Garfield, McKinley, Harding, F. Roosevelt, and Kennedy.
PRESIDENTS ADAMS, Jefferson, and Monroe all died on the 4th of July; Coolidge was born on that day.
KENNEDY AND TAFT are the only presidents buried in Arlington National Cemetery.
LINCOLN, JEFFERSON, F. Roosevelt, Washington, Kennedy, and Eisenhower are portrayed on U.S.
coins.
WASHINGTON, JEFFERSON, Lincoln, Jackson, Grant, McKinley, Cleveland, Madison, and Wilson are
portrayed on U.S. paper currency.

99
Presidents' Occupations

This table provides information about the occupations held by U.S. Presidents before and after
their time in office.

President Major Jobs Before the Presidency Jobs After the Presidency
George surveyor, planter, general of the Army planter, lieutenant-general of all the
Washington of the United Colonies U.S. armies
John Adams schoolteacher, lawyer, diplomat, vice writer
president under Washington
Thomas writer, inventor, lawyer, architect, writer, gentleman farmer, rector at the
Jefferson governor of Virginia, secretary of state University of Virginia
under Washington, vice president
under Adams
James Madison lawyer, political theorist, U.S. rector at the University of Virginia
congressman, secretary of state under
Jefferson
James Monroe soldier, lawyer, U.S. senator, governor writer, regent at the University of
of Virginia Virginia
John Quincy lawyer, diplomat, professor, U.S. U.S. representative from Massachusetts
Adams senator, secretary of state under
Monroe
Andrew soldier, U.S. congressman, U.S. gentleman farmer
Jackson senator, governor of Florida
Martin Van lawyer, U.S. senator, governor of New activist for Free Soil Party
Buren York, vice president under Jackson
William Henry soldier, diplomat, U.S. congressman, died in office
Harrison U.S. senator from Ohio
John Tyler lawyer, U.S. congressman, U.S. lawyer, chancellor of the College of
senator, vice president under Harrison William and Mary, member of the
Confederate House of Representatives
James Knox lawyer, U.S. congressman, governor of died 103 days after leaving office
Polk Tennessee
Zachary Taylor soldier died in office
Millard lawyer, U.S. congressman, vice rogue political activist, chancellor of
Fillmore president under Taylor the University of Buffalo
Franklin Pierce lawyer, soldier, U.S. congressman, gentleman farmer
U.S. senator from New Hampshire
James lawyer, U.S. congressman, U.S. writer
Buchanan senator, U.S. secretary of state
Abraham postmaster, lawyer, U.S. congressman died in office

100
Lincoln from Illinois
Andrew tailor, U.S. congressman, governor of U.S. senator from Tennessee
Johnson Tennessee, U.S. senator from
Tennessee, vice president under
Lincoln
Ulysses U.S. Army general political activist, writer
Simpson Grant
Rutherford lawyer, soldier, U.S. congressman, education activist, president of the
Birchard Hayes governor of Ohio National Prison Reform Association
James Abram schoolteacher, soldier, U.S. died in office
Garfield representative from Ohio
Chester Alan schoolteacher, lawyer, tariff collector, lawyer
Arthur vice president under Garfield
Grover sheriff, lawyer, mayor, governor of reelected president
Cleveland New York
Benjamin lawyer, soldier, journalist, U.S. senator lawyer, lecturer
Harrison from Indiana
William soldier, lawyer, U.S. congressman, died in office
McKinley governor of Ohio
Theodore rancher, soldier, governor of New hunter, writer
Roosevelt York, vice president under McKinley
William lawyer, judge, dean of the University professor, chief justice of the U.S.
Howard Taft of Cincinnati Law School, U.S. Supreme Court
secretary of war
Woodrow lawyer, professor, president of retired in poor health
Wilson Princeton University, governor of New
Jersey
Warren newspaper editor, U.S. senator from died in office
Gamaliel Ohio
Harding
Calvin lawyer, governor of Massachusetts, writer, president of the American
Coolidge vice president under Harding Antiquarian Society
Herbert Clark engineer, U.S. secretary of commerce chair of the Hoover Commission on
Hoover administrative reform
Franklin lawyer, governor of New York died in office
Delano
Roosevelt
Harry S. farmer, soldier, haberdasher, judge, writer
Truman U.S. senator, vice president under
Roosevelt

101
Dwight David supreme commander of the Allied writer
Eisenhower forces in Europe, U.S. Army chief of
staff
John Fitzgerald journalist, U.S. congressman, U.S. died in office
Kennedy senator from Massachusetts
Lyndon Baines schoolteacher, soldier, congressman, rancher, writer
Johnson U.S. senator from Texas, vice president
under Kennedy
Richard lawyer, U.S. congressman, U.S. writer
Milhous Nixon senator, vice president under
Eisenhower
Gerald Rudolph lawyer, U.S. congressman, vice writer
Ford president under Nixon
James Earl peanut farmer, governor of Georgia writer, humanitarian, Nobel-prize
Carter, Jr. winning statesman
Ronald Wilson movie actor, corporate spokesman, writer
Reagan governor of California
George Herbert oil executive, U.S. congressman, U.S. private citizen; teamed with President
Walker Bush ambassador to the UN, Director of Clinton to form tsunami and Hurricane
CIA, vice president under Reagan Katrina aid funds
William lawyer, governor of Arkansas writer, independent ambassador;
Jefferson teamed with President G.H.W. Bush to
Clinton form tsunami and Hurricane Katrina
aid funds
George Walker oil executive, sport team owner, —
Bush governor of Texas
Barack Hussein community organizer, civil rights —
Obama, Jr. lawyer, constitutional law professor,
Illinois state senator, U.S. senator

102
Presidency Assignment

Instructions: Display your understanding of the
Executive Branch and Politics using an outline or
graphic organizers.

1. Who Can Become President?
2. The Process of Becoming President
3. The Many Roles of the President
4. The President as Party Chief and
Superpolitician
5. Special Uses of Presidential Power
6. Abuses of Executive Power and Impeachment
7. The Executive Organization
8. The Vice Presidency
9. Key Terms

Presidency Assignment

Instructions: Display your understanding of the
Executive Branch and Politics using an outline or
graphic organizers.

103
Modern Presidency
PROFILE every president
from FDR to Obama

-Background (education,
family, occupations
-Term(s) of office
-Key Cabinet Positions
-Relationship with Congress
(History, Stalemate,
Contentious,)
-Relationship with Media
(Controversies, Positive
Aspects, etc.)
-Spirit of the Times (Major
political events/situations)
-Political Party
-Leadership Style
-Controversial appointees
-Domestic Policy
-Foreign Policy
-History’s View & Legacy

104
Modern Presidency
PROFILE every president
from FDR to Obama

105
LEARNING OBJECTIVES
After students have read and studied this chapter, they should be able to:
 Identify and explain the roles of the president (including head of state, chief executive, commander in
chief, chief diplomat, chief legislator, and chief of party).
 Identify and explain the types of presidential powers:
o Constitutional powers.
o Statutory powers.
o Express powers.
o Inherent powers.
 Explain impeachment, differentiate it from conviction, and give historical examples of the process.
 Describe the organization of the executive branch:
o The cabinet.
o The Executive Office of the President.
o The White House Office.
o The Office of Management and Budget.
o The National Security Council.
 Discuss the evolving role for the vice president as an advisor and successor to the president.
 Describe the Twenty-fifth Amendment and discuss potential problems associated with it.

TOPICS FOR DISCUSSION
How has the presidency evolved from the time of George Washington to the time of George W. Bush?
When the president travels to other countries, he is greeted in a dual capacity: leader of government and
chief of state. How does this affect the president?
Did the founding fathers think of the president as chief legislator? Besides the State of the Union message
and the veto, what legislative power was granted to the president?
Who develops policy within the executive branch?
What has happened to the power of the presidency in this century? How did the New Deal impact the
presidency? How has the role of government changed with the role of the president? If the president
has gained power, which branch has lost power? How has Congress tried to protect the balance of
power?
Consider the situations in which impeachment has been employed. Ask your students whether they
would have voted to impeach Andrew Johnson for choosing to violate an act of Congress that was
clearly unconstitutional. Once you’ve made it clear that Clinton was impeached for perjury and
obstruction of justice, ask your students whether they would have impeached Clinton for the affair
with Monica Lewinsky. Use this as a jumping off point for what they view as an impeachable
offense. Finally, consider whether they believe that George W. Bush committed impeachable
offenses in deceiving the American people on the necessity of war with Iraq, in so ineffectively
planning and executing this war, and finally, in choosing to ignore the Foreign Intelligence

106
Surveillance Act by authorizing the National Security Agency to engage in warrantless surveillance
of American citizens who are suspected of communicating with terrorist suspects.
Consider the Twenty-Fifth Amendment. Could this amendment be abused? Under what circumstances?

BEYOND THE BOOK
Many supporters of Al Gore were outraged by result of the 2000 elections. Most of the protest, however,
came as a result of disputed votes in Florida, which determined the outcome of the election in the
Electoral College. In spite of the fact that Gore won the popular vote, there was relative acceptance of
the role the Electoral College plays in electing the president. Changing or abolishing the Electoral
College would be very difficult. An amendment to the Constitution would have to be proposed by
Congress and would have to be ratified by three-fourths of the states. This would require
overwhelming support in Congress and from state legislatures, many of which represent smaller states
that might lose power as a result of such a move.
If no vice presidential candidate receives a majority of electoral votes, the Senate elects the vice president.
The last time this occurred was 1836 when Richard M. Johnson, the Democratic vice presidential
candidate, did not receive a majority of the electoral votes. The electors from Virginia chose not to
support the Democratic vice presidential candidate because he had allegedly lived with an African-
American woman and fathered two daughters with her. The Senate elected Johnson as the vice
president regardless of the scandal.
The impoundment of funds is the refusal to spend money appropriated by Congress for a specific item.
Many presidents have taken this action and there was little disapproval from Congress prior to
President Nixon’s impoundment in 1973. Congressional response to this impoundment was
enactment of The Budget and Impoundment Act of 1974, which required the president to spend the
money appropriated by Congress. In 1975 (after President Nixon had resigned from office) the
Supreme Court held that the president must spend money appropriated by Congress, unless Congress
approved of the impoundment.
In addition to formal advisors, the president sometimes relies on family members. President Kennedy
selected his brother Robert Kennedy as the attorney general and he relied heavily on his advice.
During the Johnson administration, however, Congress enacted legislation that prohibits the president
from appointing family members to formal executive positions. This has not stopped presidents from
seeking the advice of family members. Many presidents, including Carter, Reagan, and Clinton,
admitted that they often sought the advice of their spouse when making important decisions. President
Clinton formed a task force headed by his wife, Hillary Rodham Clinton, to address the issue of
health care. Is such reliance problematic? What role would Bill Clinton play in a Hillary Clinton
presidency?
Usually the presidential candidate selects a vice presidential candidate who will help to balance the ticket.
While this may help to win the election, it presents some problems if the balancing is done in terms of
political philosophy. The president is now faced with a vice president who has taken significantly
different positions on major policy issues. Ronald Reagan selected a running mate who was his chief
rival for the Republican nomination. When campaigning against Reagan, George H.W. Bush referred

107
to Reagan’s economic views as “voodoo economics.” Within nine months of making this statement
Bush was sworn into office as the vice president to Reagan. Al Gore chose Connecticut Senator Joe
Lieberman as his running mate, despite the fact that Gore and Lieberman had opposing views on
school vouchers and other issues (Lieberman favored them, Gore did not).
Under what circumstances would the Cabinet and vice president submit a letter to Congress under the
Twenty-fifth Amendment? Had this amendment been a part of the Constitution when President
Woodrow Wilson had a stroke it would have placed the vice president and the cabinet in a difficult
position. If they had voted to replace the president, they would have been criticized for seeking the
executive power. If they had not voted to replace the president, they would have been criticized for
failing to take action. To date this provision of the Twenty-Fifth Amendment has not been used. If it
were used, it could prove a controversial time in the life of the nation.

CHAPTER OUTLINE
I. Who Can Become President?
Article II, Section 1, of the Constitution sets forth the qualifications to be president. The two major
limitations are age, a minimum of 35, and being a natural-born citizen, thus eliminating naturalized
citizens. While these minimal requirements would seem to allow most people the opportunity to
run, only a few individuals have had a realistic chance. Of the 43 persons who have served as
president all have been white males and through 2004 only one, John Kennedy, was not a
Protestant or Unitarian. A majority of the presidents have been lawyers and many have been
wealthy. Still, presidential candidates have had more varied backgrounds than members of
Congress.
II. The Process Of Becoming President
Because of the two-party system in the United States, it would be exceedingly difficult for
someone to be elected without the nomination of one of the two major parties. Once the candidate
has received a nomination he or she must win a majority of the votes cast in the Electoral College.
Each state’s allocation of electors is determined by their congressional representation (that is, the
number of members of the House, plus two more for their Senators). The electors are decided in
most states on a winner-take-all system, with the candidate who receives the plurality of votes
winning. Thus, it is possible for a candidate to lose the popular vote but still win election as
president, as was the case in 2000. Usually, however, the electoral vote serves to exaggerate the
successful candidate’s margin of victory. It is possible for no candidate to receive a majority of the
votes cast in the Electoral College. As long as there are only two strong candidates, it is unlikely
that neither would receive a simple majority of electoral votes, although there could be a tie (269-
269). If no candidate receives a majority of the electoral votes, the House will elect the president by
voting state by state for a candidate. This would mean that California, which has 52
representatives, would get one vote and Wyoming which has one representative, would receive one
vote. Under current and foreseeable circumstances, that guarantees a Republican victory.
III. The Many Roles of the President
Over time, the institution of the presidency has evolved into numerous formal and informal roles.

108
A. Head of State. One role is ceremonial head of state. As head of state the president is afforded a
status of symbolic royalty. In most countries the head of state is not the leader of government,
but a separate position such the queen in Britain or the president in Germany.
B. Chief Executive. The president also functions as the chief executive. In this position, the
president is leader of government in the executive branch. This position requires that the
president administer the laws of the country.
1. The Powers of Appointment and Removal. The president is responsible for selecting high-
ranking unelected officers of the government. As a result of the civil service system, the
number of political appointments is a small part of the total number of government
employees—somewhat more than 5,000 positions.
2. The Power to Grant Reprieves and Pardons. Key terms: Reprieve, a formal postponement
of the execution of a sentence imposed by a court of law. Pardon, a release from the
punishment for or legal consequences of a crime; a pardon can be granted by the president
before or after a conviction.
C. Commander-in-Chief.
1. Wartime Powers. The president also is commander-in-chief, or the head of the military.
The founders had George Washington in mind when they assigned this responsibility. This
role has become a position that has more power and responsibility than any other.
2. The War Powers Resolution. The War Powers Resolution of 1973 requires the president to
report to Congress on the use of force. Congress can require the president to withdraw
forces.
D. Chief Diplomat. As chief diplomat the president has the responsibility for setting the direction
of foreign policy.
1. Diplomatic Recognition. The president determines the governments that the United States
will recognize as legitimate. The United States refused to recognize the governments of the
Soviet Union and of the People’s Republic of China for decades after these communist
governments came to power.
2. Proposal and Ratification of Treaties. The president has the sole power to negotiate
treaties. Two-thirds of the Senate must approve of a treaty before it goes into effect. Even
if the Senate ratifies a treaty, it will not be valid unless the president then approves the
Senate version of the treaty.
3. Executive Agreements. The president can also make international agreements with the
heads of foreign governments. These actions are called executive agreements and they do
not require the approval of the Senate. However, executive agreements do not bind future
presidents as treaties do.
E. Chief Legislator. Some of the powers the president has as chief legislator are prescribed in the
Constitution. For example, the president gives a State of the Union message to Congress each
year. Frequently this speech is used to outline the president’s legislative agenda.
1. Getting Legislation Passed. The president attempts to persuade Congress to pass his
proposals. If the president is of the same party that has control of both houses of Congress,

109
it is easier for him to work with Congress on his legislative agenda. When the opposition
party controls Congress, the president has a more difficult task in gaining the enactment of
his proposals.
2. Saying No to Legislation. If Congress decides to ignore the agenda, the president may
attempt to stop legislation by use of the veto. George W. Bush did not have to use his veto
power until 2006 when he vetoed legislation dealing with stem-cell research.
3. The Line-Item Veto. In 1996 Congress enacted legislation that allowed the president to use
the line-item veto on bills of revenue. In 1998, the Supreme Court ruled the line-item veto
unconstitutional.
4. Congress’s Power to Override Presidential Vetoes. When the president vetoes a bill, it is
possible for Congress to override the veto with a two-thirds vote in both chambers.
Overall, only about seven percent of vetoes have been over-ridden.
F. Other Presidential Powers. These include powers that Congress has bestowed on the president
by statute (statutory powers) and those that are considered inherent powers. Inherent powers
are those powers the head of government needs to fulfill his duties, as prescribed vaguely in the
Constitution. An example of inherent powers is the emergency powers used by the president in
times of war.
IV. The President As Party Chief and Superpolitician
A. The President as Chief of Party. To gain the enactment of the specific proposals, the president
has relied on the role of leader of a political party and the ability to mobilize public support for
the president’s agenda. Increasingly, many party members see the president as chief
campaigner and chief fundraiser. Typically, candidates for Congress and even state offices rely
on the president’s ability to generate contributions to help fund their campaigns. The president
also is expected to “go on the stump” and campaign for politicians of his party who are up for
election. This is particularly true of incumbent members of the House and Senate who are
members of the president’s party. Frequently, this is beneficial for candidates, particularly if
the president is popular in the district. Presidents also have the power to reward loyal
supporters with political positions or by supporting “pork.”
B. The President’s Power to Persuade. Richard Neustadt observed almost fifty years ago that
ultimately presidential success comes down to “the power to persuade.” The targets of this
persuasion are usually Congress and the American people.
C. Constituencies and Public Approval.
1. Presidential Constituencies. These include the people of the country and also the supporters
of the president’s party. The Washington community, the whole body of politically active
persons in the capital, can be considered as an important constituency.
2. Public Approval. How much success the president has is, in part, influenced by the public
support for the president as measured in public opinion polls. George W. Bush is a
veritable case study in the fluctuation of public opinion, going from some of the highest
approval ratings in history after 9/11 to only 31% in 2006.

110
3. “Going Public.” When the president presents an idea to Congress, he may also “go public”
in an attempt to generate popular support for his proposal.
V. The Special Uses of Presidential Power
A. Emergency Powers. These can be used during periods of national crisis. The United States
Supreme Court identified these powers in the case of United States v. Curtis-Wright Export
Corporation in 1936.
B. Executive Orders. Key concepts: Executive order, a rule or regulation issued by the president
that has the effect of law. Executive orders can implement and give administrative effect to
provisions in the Constitution, to treaties, and to statutes. Federal Register, a publication of the
U.S. government that prints executive orders, rules, and regulations.
C. Executive Privilege. This is the right of the president, or a member of his administration, to
refuse to provide Congress with information. This action is based on the doctrine of the
separation of powers.
1. Limiting Executive Privilege. There are limits to this type of claim as was demonstrated in
the case of United States v. Nixon in 1974, which held that executive privilege cannot be
used to withhold evidence to be used in criminal proceedings.
2. Clinton’s Attempted Use of Executive Privilege. While under investigation for allegedly
lying about a sexual affair, President Clinton attempted to claim executive privilege in a
number of instances. The courts rejected the argument, following the precedent of United
States v. Nixon.
VI. Abuses of Executive Power and Impeachment
Article I, Section 2, gives the House the sole power of impeachment. If a majority of the members
of the House vote to impeach an officer of the United States, the Senate will conduct a trial. If two-
thirds of the Senators vote for conviction, the officer is removed from office. There have been
fewer than 25 impeachments in the history of the United States and of this number only two were
presidents. Andrew Johnson, who took office after the assassination of President Lincoln, was
impeached by the House. The Senate conducted a trial of impeachment but did not vote to convict.
President Nixon resigned his position in the face of a vote on impeachment by the House in 1974.
President Bill Clinton was impeached by the House on charges he lied to a federal grand jury
regarding his affair with White House intern Monica Lewinsky, and on obstruction of justice. The
Senate refused to convict Clinton. The concept of impeachment is important because without this
power there would be little that could be done to control criminal behavior by a top leader. On the
other hand, this power could be abused and lead to politically motivated impeachments.
VII. The Executive Organization
The structural organization of the executive branch was not outlined in detail by the founding
fathers. All the Constitution provides for is a president and a vice president. The remaining
structure was left to the discretion of the president and Congress. This lack of constitutional rigidity
has allowed for a flexible expansion of the executive branch. By far the greatest growth in the
executive branch occurred in the twentieth century.
A. The Cabinet.

111
1. The Members of the Cabinet. The department secretaries and the attorney general meet to
receive directives from the president, provide the president with information from their
areas of specialization, and to advise the president on matters of state. The president may
appoint other top officials to the cabinet, such as the vice president, the head of the
National Security Agency or the director of the Office of Management and Budget. The
president may also rely on the advice from close friends who do not hold a seat in
government. These advisors are called the “kitchen cabinet.” This type of informal advice
may be more important to a president than the advice he receives from the formal
executive structure.
2. Presidential Use of Cabinets. Some presidents have made more use of the cabinet as an
advisory body than others. Often, cabinet members represent their departments to the
detriment of the administration, which limits their effectiveness as impartial advisers.
B. The Executive Office of the President. This is made up of a variety of agencies that operate
directly under the president:
 White House Office.
 White House Military Office.
 Office of the Vice President.
 Council of Economic Advisers.
 Council on Environmental
Quality.
 National Security Council.
 Office of Management and
Budget.
 Office of National AIDS Policy.
 Office of National Drug Control
Policy.
 Office of Science and Technology
Policy.
 Office of the United States Trade
Representative.
 President’s Critical Infrastructure
Protection Board.
 President’s Foreign Intelligence
Advisory Board.

112
1. The White House Office. This includes the legal counsel to the president,
secretary, press secretary, appointments secretary, and the chief of staff. Members
of this office are highly political and may be former campaign officials. Also, the
White House Military Office provides communications, transportation, medical
care, and food services to the president and the White House staff.
2. The Office of Management and Budget (OMB). This agency prepares the
president’s budget, and grades and judges all executive agencies.
3. The National Security Council. The president’s key foreign and defense policy
advisers. It includes the president, the vice president, the secretaries of state and
defense, as well as other informal members, and the president’s national security
adviser. In George W. Bush’s first term this was Condoleezza Rice, the first
woman to serve in this position.
VIII. The Vice Presidency
A. The Vice President’s Job.
1. Strengthening the Ticket. Traditionally the presidential candidate selected a vice
presidential candidate who would strengthen the ticket. This usually meant the
presidential candidate would select someone from a different geographical area
and with different constituency strengths. Sometimes candidates would select a
running mate with a different philosophical perspective. President Clinton broke
with tradition in selecting Al Gore as his running mate. Both men were from the
South and both were considered to be moderates within the Democratic Party. In
his selection of Dick Cheney, George W. Bush sought to include someone on the
ticket with national political experience and who was recognized as having
strengths on issues like foreign policy, an area of weakness for Bush.
2. Supporting the President. Once elected, the vice president is relegated to perform
the tasks assigned by the president, which traditionally have been insignificant. In
recent decades, however, vice presidents have served as important presidential
advisers.
B. Presidential Succession. While the vice president has few formal obligations, there is
one major responsibility—replacing the president if the president resigns, dies, or is
incapable of performing the duties of president. On nine occasions the vice president
has replaced the president. Other than Nixon’s resignation, all have been due to the
death of the president. When the vice president replaces the president, he becomes the
new president with all of the same powers and duties as if he had been elected. One
major flaw with this system was that once the vice president became president there
existed a vacancy in the vice presidency. On the first seven occasions when a vice
president became president there was no way for the president to select a vice
president. After President Kennedy was assassinated and Vice President Johnson
became the new president, Congress began to work on an amendment that would
eliminate this problem.

112
C. The Twenty-Fifth Amendment. Ratified in 1967, the Twenty-Fifth Amendment would
be used twice in the next seven years. One of the more controversial provisions in the
Twenty-Fifth Amendment concerns the ability of the president to perform the duties of
his office. If the vice president and a majority of the principal officers of the executive
departments (Cabinet) indicate to the leaders of Congress that the president is not
capable of performing the duties of the office, the vice president shall assume power as
the acting president.
D. When the Vice Presidency Becomes Vacant. The Twenty-Fifth Amendment states that
a vice president replacing a president can nominate a new vice president who must be
confirmed by a majority of both houses of Congress. In 1973 vice president Spiro
Agnew resigned. President Nixon nominated the minority leader of the house, Gerald
Ford. Ford was confirmed by both houses of Congress. In August of 1974 President
Nixon resigned and was replaced by Ford, who nominated Nelson Rockefeller to
become vice president. Rockefeller was confirmed by Congress.
IX. Features
A. What If . . . There Were No Executive Privilege?
Executive privilege is the right of executive officials to refuse to appear before or to
withhold information from the legislature or judiciary. Executive privilege is enjoyed
by the president and by those officials accorded that right by the president. Usually
presidential administrations use executive privilege to safeguard national security
secrets. If there were no executive privilege, presidents would know that all of his or
her words, documents, and actions could be made public. Such a scenario would make
it difficult for the current president to wage war or terrorism, and could lead
government officials to resort to “informal” and secret meetings.
B. Politics and the Presidency—Does the President Have the Power to Execute Only Part
of the Laws of the Land?
George W. Bush has made extensive use of “signing statements,” in which he signs a
bill into law but expresses reservations about following the law in all circumstances.
Some critics contend that if the president opposes a bill that has been enacted by
Congress, the president has the obligation to either veto it and send it back to Congress
or to sign the bill into law and then abide by the law. However, Bush is not the first
president to employ signing statements and some in Congress are unconcerned about
the practice, arguing that it simply represents the opinion of the president and does not
have the force of law.
C. Which Side Are You On? Should the President Have the Power to Authorize
Warrantless Domestic Surveillance?
One of the most controversial aspects of the Bush Administration’s war on terror was
the National Security Agency’s program of warrantless domestic surveillance.
Supporters of the president cited the necessity of going beyond the usual rules in this

113
new age of danger from terrorists. Critics argued that the president is required to
follow the law of the land in any situation, regardless of the danger.
D. Beyond Our Borders: Heads of Government Are Not Always Elected As Such
The system employed in the United States, in which the president serves as both head
of government and symbolic chief of state, is the exception rather than the rule, and
stands in stark contrast to the system employed in Great Britain, in which the Prime
Minister and the Queen assume these different roles.

Burns
LECTURE OUTLINE
I. What If . . . There Were No Executive Privilege?
A. The right of executive officials to refuse to appear before or withhold
information from, a legislative committee. Executive privilege is enjoyed by the
president and by those officials accorded that right by the president. Usually
presidential administrations use executive privilege to safeguard national
security secrets.
B. If there were no executive privilege, presidents would know that all of his or
her words, documents and actions could be made public.
C. Such a scenario would make it difficult for the current president to wage war or
terrorism, and could lead government officials to resort to “informal” and secret
meetings. If executive privilege were eliminated, it would also negatively
impact the ability of the government to protect its citizens from terrorism.
II. Who Can Become President?
Article II, Section 1, of the Constitution sets forth the qualifications for presidential
candidates. The two major limitations are age, minimum of 35, and being a
natural-born citizen, thus eliminating naturalized citizens. While these minimal
requirements would seem to allow most people the opportunity to be a candidate
for president only a few individuals have had a realistic chance. Of the 43
individuals who have served as president all have been white males and only one,
John Kennedy, was not a Protestant. Furthermore, all have held positions of
leadership and have been affiliated with a major political party prior to their
election. Because of the strength of the two major political parties it would seem
unlikely that an individual would be elected president without the nomination of
one of the two major parties. As females and ethnic minorities assume more
positions of power within the two major parties they will have a better opportunity
of being a candidate for their party nomination.
III. The Process Of Becoming President
A. As explained in detail in Chapter 10 of the textbook, the election process for
control of the White House is a complex procedure. Because of the two-party
system in the United States, it would be exceedingly difficult for someone to be
elected without the nomination of one of the two major parties. The parties
each nominate their candidate at a National Party Convention in the summer
preceding the November election. Yet potential nominees typically begin
campaigning several years before the election. In order to gain the nomination

114
of either of the two major parties, a candidate must receive a majority of the
votes cast by delegates at the national convention of the party. Once the
candidate has received the nomination he or she must win a majority of the
votes cast in the Electoral College (which is not necessarily a majority of the
popular vote).
B. The Electoral College is a safety net provided in the Constitution to protect the
country against “mob rule.” Each state’s allocation of electors is determined by
their congressional representation (that is, the number of members of the
House, plus two more for their Senators). As in the House of Representatives,
the Electoral College can be controlled by the most populous states. The
electors are decided in most states on a winner take system, with the candidate
who receives the plurality of votes winning. Thus, it is possible for a candidate
to lose the popular vote but still win election as president, as was the case in
2000. Usually, however, the electoral vote serves to exaggerate the successful
candidate’s margin of victory.
C. It is possible for no candidate to receive a majority of the votes cast in the
Electoral College. When this occurs the House of Representatives elects the
president. This has happened twice, the last time was 1824. As long as there
are only two candidates it is unlikely that neither would receive a simple
majority of electoral votes, although there could be a tie (269-269). If no
candidate receives a majority of the electoral votes, the House will elect the
president by voting by state for a candidate. This would mean that California,
which has 52 representatives, would get one vote and Wyoming which has one
representative would receive one vote. In order to win such an election a
candidate must receive a majority of the votes cast by state.
D. In the event that no presidential candidate receives a majority of electoral votes
it would be unlikely that a vice presidential candidate would receive a majority
of electoral votes. If no vice presidential candidate receives a majority of
electoral votes the Senate elects the vice president. The last time this occurred
was 1836 when Richard M. Johnson, the Democratic vice presidential
candidate, did not receive a majority of the electoral votes. A significant
number of electors chose not to support the Democratic vice presidential
candidate because of a rumored sexual scandal involving Johnson. The Senate
elected Johnson as the vice president regardless of the scandal.
E. As was evidenced in the 2000 election, there was outrage, particularly on the
part of supporters of Al Gore, as a result of the 2000 elections. Most of the
protest, however, came as a result of vote fraud claims in the state of Florida,
which determined the outcome of the election in the Electoral College. In spite
of the fact that Gore won the popular vote and Bush won the electoral vote,
there was relative acceptance of the outcome, and the role the Electoral College
plays in electing the president. As was pointed out in 2000, changing the way
the president is elected would be very difficult. An amendment to the
Constitution would have to be proposed by Congress and then it would have to
be ratified by 3/4 of the states. Although this could transpire, it would require
overwhelming support in Congress and from state legislatures. While many

115
Americans have requested such an alteration in the Constitution it seems
unlikely that such a change will be made in the near future.
IV. The Many Roles of the President
A. Over time the institution of the presidency has evolved into numerous formal
and informal roles. One role is Chief of State. In this position, the president
performs the role of the ceremonial head of state. As head of state the president
is afforded a status of symbolic royalty. In most countries the head of state is
not the leader of government, but is a separate position like the queen in
England or the president in France.
B. The president also functions as the Chief Executive. In this position, the
president is leader of government in the executive branch. This position
requires that the president administer the laws of the country. He is therefore
the head of the bureaucracy and is responsible for selecting all high-ranking
officers of the government who are not elected.
C. The president also is Commander-in-Chief, or the head of the military. This
has become a position that has more power and responsibility than most people
can comprehend. Clearly the authors of the Constitution did not intend, nor
could they have foreseen, the president possessing the amount of power that the
head of the military now has at his disposal. As the military power of the
United States increases so too does the power of the president. This power has
greatly influenced the role that every modern president has had to assume in
world affairs.
D. As Chief Diplomat the president has the responsibility for setting the direction
of foreign policy. The president determines which countries the United States
will recognize. He will also propose treaties, although 2/3 of the Senate must
approve of such action before the treaty is effective. The president can also
make international agreements with the heads of foreign governments. These
actions are called executive agreements and they do not require the approval of
the Senate.
E. Some of the powers the president has as Chief Legislator are prescribed in the
Constitution. In this role the president is the initiator of a legislative agenda for
congressional action. The president gives a State of the Union message to
Congress each year. Frequently this speech is used to outline the president’s
legislative agenda. If Congress decides to ignore the agenda, the president may
attempt to stop legislation by use of the veto, although it is possible for
Congress to override the veto with a 2/3 majority in each chamber. In 1996
Congress enacted legislation that allowed the president to use the line-item veto
on bills of revenue. In 1998, the Supreme Court ruled the line-item veto
unconstitutional. This law could have had a dramatic impact on the legislative
process.
F. Other presidential powers include powers that Congress has bestowed on the
president by statute (statutory powers) and those that are considered inherent
powers. Statutory powers include Congressional legislation like the War
Powers Resolution, which confines presidential use of force. Inherent powers
are those powers the head of government needs to fulfill his duties, as

116
prescribed vaguely in the Constitution. An example of inherent powers is the
emergency power used by the president in times of war.
V. The President As Party Chief and Super Politician
A. As the roles of the president have evolved the institution of the presidency has
gained considerable power and responsibility. In the twentieth century
presidents have been expected to take an active role in setting an agenda for
both domestic and foreign policy. In order to gain the enactment of the specific
proposals the president has had to rely on his role as the leader of his political
party and his ability to mobilize public support for his agenda. If the president
is of the same party that has control of both houses of Congress it is easier for
him to work with Congress on his legislative agenda. When the opposition
party controls Congress, the president has a more difficult task in gaining the
enactment of his proposals. How much success the president has is, in part,
influenced by the public support for the president as measured in public opinion
polls. When the president presents an idea to Congress, he may “go public” in
an attempt to generate support for his proposal. He is also likely to rely on
specific constituencies to contact Congress requesting the enactment of the
policy. If the president is not successful in persuading Congress to enact his
agenda he will have a difficult task in seeking reelection, or if he is in his
second term of office he will have a difficult time in accomplishing his overall
goals.
B. Increasingly, many party members see the president as chief campaigner and
chief fundraiser. Typically, candidates for Congress and even state offices rely
on the president’s ability to generate contributions t help fund their campaigns.
The president also is expected to “go on the stump” and campaign for
politicians of his party up for election. This is particularly true of incumbent
members of the House and Senate who are members of the president’s party.
Frequently, this is beneficial for candidates. But during the 2000 presidential
campaign, Vice President Al Gore recognized the need to distance himself from
President Clinton negative personal baggage, while keeping his links to the
administration responsible for a period of strong economic growth.
VI. The Special Uses of Presidential Power
A. Emergency powers can be used during periods of national crisis. The United
States Supreme Court enunciated these powers in the case of United States v.
Curtis-Wright Export Corporation in 1936. These powers are rarely used by
presidents and when they are used it is most likely to occur in times of war.
B. Executive orders are rules or regulations issued by the president that have the
same effect as a law. This power allows the president to take action within a
congressionally proscribed area that results in specific policy directive.
C. Executive privilege is the right of the president, or a member of his
administration, to refuse to provide Congress with information. This is a
legitimate action that is based on the separation of powers. There are limits to
this type of claim as was demonstrated in the case of United States v. Nixon in
1974, which held that executive privilege cannot be used to prevent evidence
from being heard in criminal proceedings.

117
D. The impoundment of funds is the refusal to spend money appropriated by
Congress for a specific item. Many presidents have taken this action and there
was little disapproval from Congress prior to President Nixon’s impoundment
in 1973. Congressional response to this impoundment was enactment of The
Budget and Impoundment Act of 1974, which required the president to spend
the money appropriated by Congress. In 1975 (after President Nixon had
resigned from office) the Supreme Court held that the president must spend
money appropriated by Congress, unless Congress approved of the
impoundment.
VII. Abuses of Executive Power: Impeachment
Article I, Section 2, gives the House the sole power of impeachment. If a majority
of the members of the House vote to impeach an officer of the United States, the
Senate will conduct a trial of impeachment. If two-thirds of the Senators vote for
conviction the officer is removed from office. There have been less than 25
impeachments in the history of the United States and of this number only two were
presidents. Andrew Johnson, who took office after the assassination of President
Lincoln, was impeached by the House. The Senate conducted a trial of
impeachment but did not vote to convict the president. President Nixon resigned
his position in the face of a vote on impeachment by the House in 1974. President
Bill Clinton was impeached by the House of Representatives on charges he lied to a
federal grand jury regarding his affair with White House intern Monica Lewinsky,
and on obstruction of justice. The Senate did not convict President Clinton. The
concept of impeachment is important because without this power there would be
little the public or other governmental officials could do if a person was taking
action that could be considered criminal. On the other hand this power could be
abused and lead to the political impeachment of officers of the United States. Since
the adoption of the Constitution this has been a seldom-used power.
VIII. The Executive Organization
A. The structural organization of the executive branch was not outlined in detail by
the founding fathers. All the Constitution provides for is a president and a vice
president. The remaining structure was left to the discretion of the president
and Congress. This lack of constitutional structure has allowed the executive
branch to be as flexible as Congress and the president have desired. If the
structure had been written into the Constitution, any alteration in structure
would have required an amendment.
B. By far the largest growth within the executive branch has occurred in the
twentieth century. Prior to the administration of Franklin Roosevelt, the size of
the executive branch was less than half its current size. But Roosevelt’s
administration, overburdened in its attempts to administer its New Deal
programs, increased the size of federal bureaucracy to accommodate its new
responsibilities. Chapter 14 of the textbook will focus on the federal
bureaucracy; the following represents the organization of those who formally
advise the president.
1. The cabinet - the 13 department secretaries and the attorney general who
meet to receive directives from the president, provide the president with

118
information from their area of specialization, and to advise the president on
matters of state.
2. The Executive Office of the President - nine staff agencies that assist the
president in performing the duties of the executive branch.
a. White House Office
b. Council of Economic Advisers
c. National Security Council
d. Office of the United States Trade Representative
e. Council of Environmental Quality
f. Office of Management and Budget
g. Office of Science and Technology Policy
h. Office of Administration
i. Office of Policy Development
C. In addition to formal advice, the president may rely on the advice of individuals
who are not in the executive branch organization. President Kennedy selected
his brother Robert Kennedy as the attorney general and he relied heavily on the
advice of his brother. During the Johnson administration Congress enacted
legislation that prohibits the president from selecting family members to serve
in formal executive positions. This has not stopped presidents from seeking the
advice of family members. President Carter and President Reagan admitted
that they often sought the advice of their spouse when making important
decisions. President Clinton formed a task force headed by his wife, Hillary
Rodham Clinton, to address the issue of health care. In addition to family
members the president may also rely on the advice from close friends who do
not hold a seat in government. These advisors are called the “kitchen cabinet.”
This type of informal advice may be more important to a president than the
advice he receives from the formal executive structure.
IX. The Vice Presidency
A. Traditionally the presidential candidate selects a vice presidential candidate
who will appeal to voters. This usually means the presidential candidate will
select someone who is from a different geographical area and who has different
constituency strengths. Sometimes candidates also will select a running mate
with a different philosophical perspective. Examples include: Richard Nixon, a
moderate from California, selecting Spiro Agnew, a conservative from
Maryland; Jimmy Carter, a moderate from Georgia selecting Walter Mondale, a
liberal from Minnesota; Ronald Reagan, a conservative from California
selecting George Bush, a moderate from Texas; and George H. W. Bush,
selecting Dan Quayle, a conservative from Indiana.
B. Selecting the running mate on the basis of how well he or she would serve in a
particular capacity would be a major break with tradition. It would probably
mean that the presidential candidate was not primarily concerned with the
impact the vice presidential candidate would have on the election. Since the
major objective of the presidential candidate is to be elected it would seem
unlikely that the decision of whom to select as a running mate would not be a
political decision. President Clinton did break with tradition in selecting Al

119
Gore as his running mate. Both men were from the South and both were
considered to be moderates within the Democratic party.
C. Usually the presidential candidate selects someone who will help to balance the
ticket. While this may help to win the election, it presents some problems once
the president has been elected. The president is now faced with a vice
president who has taken significantly different positions on major policy issues.
Ronald Reagan selected a running mate who was his chief rival for the
Republican nomination. When campaigning against Reagan, George H. W.
Bush referred to Reagan’s economic views as “voodoo economics.” Within
nine months of making this statement Bush was sworn into office as the vice
president to President Reagan. Al Gore chose Connecticut Senator Joe
Lieberman as his running mate, despite the fact that Gore and Lieberman had
opposing views on school vouchers (Lieberman favored them, Gore did not).
Once elected the vice president is relegated to perform the tasks assigned by the
president, which in most cases are insignificant.
D. While the vice president has few formal obligations, there is one major
obligation that can occur: replacing the president if the president resigns, dies,
or is incapable of performing the duties of president. On eight occasions the
vice president has replaced the president. Other than Nixon’s resignation, all
have been due to the death of the president. When the vice president replaces
the president, he becomes the new president with all of the powers and duties as
if he had been elected. One major flaw with this system was that once the vice
president became president there was no vice president. On the first seven
occasions when a vice president became president there was no way for the
president to select a vice president. After President Kennedy was assassinated
and Vice President Johnson became the new president, Congress began to work
on an amendment that would eliminate this problem.
E. The Twenty-fifth Amendment was ratified in 1967 and was used twice in the
next seven years. This amendment states that a vice president replacing a
president is the new president and can nominate a new vice president. If a
majority of both houses of Congress approve of the nominee the individual will
be sworn into office as the new vice president. One of the members of the
House who supported this amendment was Carl Albert, who would become the
next Speaker of the House. In 1973 the vice president, Spiro Agnew, resigned.
President Nixon nominated the Minority Leader of the House, Gerald Ford and
he was confirmed by both houses of Congress. In August of 1974 President
Nixon resigned and was replaced by Ford. Had the Twenty-fifth Amendment
not been ratified Ford could not have become vice president. This would have
meant that Carl Albert, the Speaker of the House, would have had to replace
Nixon as president. Although it is possible Nixon would not have resigned if
Ford was not the vice president, it is interesting to speculate as to what would
have occurred without the new amendment.
F. One of the more controversial provisions in the Twenty-fifth Amendment
concerns the ability of the president to perform his normal duties. If the vice
president and a majority of the principal officers of the executive departments
(Cabinet) indicate to the leaders of Congress that the president is not capable of

120
performing the duties of the office, the vice president shall assume power as the
acting president. Under what circumstances would the Cabinet and vice
president submit such a letter to Congress? Had this amendment been a part of
the Constitution when President Woodrow Wilson had a stroke it would have
placed the vice president and the cabinet in a difficult position. If they had
voted to replace the president, they would have been criticized for seeking the
executive power. If they had not voted to replace the president, they would
have been criticized for failing to take action. To date this provision of the
Twenty-fifth Amendment has not been used. If it is, it could prove a
controversial time in the life of the nation.

This chapter offers a historical perspective on the evolution of the presidential
office and explains the steady increase in its power surpassing the original
expectations of the Framers. It also examines the presidential selection process
and the staffing of the modern presidency, both of which contribute to the
president’s prominence in the American political system. The main points of the
chapter are:

Public expectations, national crises, and changing national and
world conditions have required the presidency to become a strong
office. Underlying this development is the public support that the
president acquires from being the only nationally elected official.

The modern presidential election campaign is a marathon affair in
which self-selected candidates must prepare for a strong start in
the nominating contest and center their general election strategies
on media, issues, and a baseline of support. The lengthy campaign
process helps to heighten the public’s sense that the presidency is
at the center of the U.S. political system.

The modern presidency could not operate without a large staff of
assistants, experts, and high-level managers, but the sheer size of
this staff makes it impossible for the president to exercise complete
control over it.

The presidency has become a much stronger office than the Framers envisioned.
The Constitution grants the president substantial military, diplomatic, legislative,
and executive powers, and in each case the president’s authority has increased
measurably. Underlying this change is the president’s position as the one leader
chosen by the whole nation. The public’s support and expectations underlie
presidential claims of broad authority.

National crises have contributed to the growth of presidential power. The public
looks to the president during national emergencies, in part because the

121
presidency is better suited than Congress to the decisive and continuous action
that emergencies require. Changing world and national conditions have also
enhanced the presidency. In the twentieth century, the United States has
emerged as a world political and military leader, while the foundations of
America’s economy and society have changed from an agrarian to an industrial
base. These changes have placed new and greater demands on the federal
government, demands that the president is in some ways better able than
Congress to meet. The president’s ability to exercise decisive leadership has
been an important factor in the strengthening of the office (see OLC audio,
"Kennedy’s Inaugeration Address," at www.mhhe.com/patterson5).

The nation has had four systems of presidential selection. The first centered on
Congress and the electoral college, the second on party conventions, the third on
a convention system with some state primaries, and the current one on state
primaries and open caucuses at the dominant method of choosing presidential
nominees. Each succeeding system has been more "democratic" in that it was
designed to give the public greater influence in the choice of the president and
thus to make the selection more legitimate.

To gain nomination, a strong showing in the early primaries is necessary
because news coverage and other resources flow toward winning candidates.
This momentum is a critical factor in nominating races but normally benefits a
candidate who, by virtue of his past record, stands on issues, ideology, or other
factors, already is in the strongest position to win nomination. Once nominated,
the major-party candidates receive federal funds for the general election
campaign; much of this money is spent on televised political advertising. The
candidates themselves spend their time traveling around the nation,
concentrating on the states with large numbers of electoral votes and trying to
get favorable coverage from the journalists who follow their every move. Winning
candidates must meet the formal requirements for office outlined in the
Constitution, and most meet the informal requirements (on gender, race, etc.)
that have evolved over time. To be elected president, a candidate must win an
absolute majority (270) of the electoral votes. The length, expense, etc., of the
modern presidential campaign has led to calls for its reform (see OLC simulation,
"Presidential Campaign Reform," at www.mhhe.com/patterson5).

Although the campaign tends to personalize the presidency, the responsibilities
of the modern presidency far exceed any president’s personal capacities. To
meet their obligations, presidents have surrounded themselves with large staffs
of advisors, policy experts, and managers. (See OLC Graphic, "Growth of the
Presidential Cabinet," at www.mhhe.com/patterson5.) These staff members
enable the president to extend control over the executive branch while providing
him with the information necessary for policymaking. All recent presidents have
discovered, however, that their control of staff resources is incomplete and that
some things that others do on their behalf actually work against what they are
trying to accomplish.

122
This chapter focuses on the correlates of presidential success and failure in
policymaking. It studies the factors affecting presidential leadership, also
explaining how presidents help and hurt themselves in their efforts to lead the
country. The main points of the chapter are:

Presidential influence on national policy is highly variable. Whether
presidents succeed or fail in getting their policies enacted depends
heavily on the force of circumstance, the stage of their presidency,
partisan support in Congress, and the foreign or domestic nature of
the policy issue.

The president’s election by national vote and his position as sole
chief executive ensure that others will listen to his ideas; but, to
lead effectively, the president must have the help of other officials
and, to get their help, must respond to their interests as they
respond to his.

The president often finds it difficult to maintain the high level of
public support that gives force to his leadership. The American
people have unreasonably high expectations of the president and
tend to blame him for national problems.

No president has come close to winning approval of all the programs he has
placed before Congress, but presidents’ records of success have varied
considerably. Thus Lyndon Johnson had a very high success rate with Congress
in 1965 (Democratic majorities in both houses), while Reagan and Bush,
Republican presidents facing a Democratic Congress, had problems in the
1980s. The factors in a president’s success include the presence or absence of
national conditions that require strong leadership from the White House; the
stage of the president’s term (success usually comes early, especially during the
so-called "honeymoon period"); the strength of the president’s party in Congress;
and the focus of the policy issue (presidents do somewhat better in the area of
foreign policy than in domestic policy). A president must learn to use the
resources at his disposal to persuade others, particularly Congress, to agree to
his policy initiatives. Presidents sometimes can force Congress to accept their
position through the threat or use of the veto, since Congress can rarely override
a veto (see OLC graphic, "Tracking Presidential Vetoes," at
www.mhhe.com/patterson5). However, the use of the veto is often a sign of
presidential weakness rather than strength, since it means that other means of
persuasion have failed.

The concept of the "two presidencies" in explaining presidential success was
particularly relevant in the aftermath of World War II. Today, with the demise of
the Cold War, presidential power seems to be diminished in both the domestic
and foreign policy spheres. Congress now is less deferential to the president in
both foreign and domestic affairs and is more willing to legislate to correct what it

123
perceives as presidential excesses. The War Powers Act remains a symbol of
potential congressional authority in constraining the president (in this case, his
decision to send troops overseas). Still, the president’s advantage in foreign
policy is likely to continue, especially with his advantage of access to a variety of
intelligence agencies in the national government. Congress also retains the
ability to control the president through its power of impeachment; the removal of
a president is such a drastic action, however, that impeachment is very rarely
used. (See OLC simulation, "Impeachment," at www.mhhe.com/patterson5.)

As sole chief executive and the nation’s top elected leader, the president can
always expect that his policy and leadership efforts will receive attention. This is
especially true given that the president is almost guaranteed access to the
media, especially television. However, other institutions, particularly Congress,
have the authority to make his leadership effective or ineffective. If the president
is to succeed over the long run, he must have a proper conception of the
presidency and understanding that the power of the presidency is the "power to
persuade." Even more important, he must have the help of other officials, and to
get their cooperation he must respond to their concerns. The president operates
within a system of divided powers, and if he tries to go it alone, he is almost sure
to fail.

To retain an effective leadership position, the president also depends on the
strong backing of the American people. While many presidents have high support
ratings early in their administrations, these ratings invariably decline due to
disappointment, scandal, or general disillusionment. Unfortunately, the public
expects far more from the president than he can deliver. The media is also a
problem here, as it tends to dwell on presidential "broken promises" and/or
difficulties, instead of what the chief executive has actually accomplished. Finally,
the president’s efforts at public relations can backfire by raising public
expectations too high.

Executive Privilege?
The right of executive officials to refuse to appear before or
withhold information from, a legislative committee. Executive
privilege is enjoyed by the president and by those officials
accorded that right by the president. Usually presidential
administrations use executive privilege to safeguard national
security secrets.

124
125