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Opener: Writing Prompts • Discuss which branch of government you believe is the most powerful and why… – Your response should include at least 3 supporting arguments and examples… • Why do we cover the media and executive branch together?
The Executive Branch Would You Want the Job?
Founding Fathers & the Executive • Fear of Tyranny – Don’t want another King George – Generally wanted Pres. w/ limited powers, – But…Needs enough authority to be effective
Formal and Informal Requirements Formal Informal • 35 Years Old • Natural Born US Citizen • Residing in US for 14 years • Experience (Senator/Gov. / General) • Member of Major Party • SES/Educated • Male… • White… • Protestant • Married • Charisma • Photogenic • Would FDR have been elected today? • Character
Terms and Succession • 22 nd Amendment – Response to FDR 4 terms – Limit to 2 terms or 10 years if a VP assumes a portion of remaining term • Presidential Succession Act of 1947 – Established order of succession – VP; Speaker of House; Pres. Pro Tem of Senate; Sec. of State; Sec. of Treasury; Sec. of Defense…in order of Cabinet department creation • 25 th Amendment – Determining if President is incapacitated – Replacing VP: Appointment requires approval of majority vote of both houses of Congress
The Executive Branch: Expressed Powers • General Power: Enforce laws and otherwise administer public policies of the country • Specific Powers: Article II, Section 2 – Commander in Chief – Treaties and appointments (advice/consent of Senate) – State of the Union – Special Session of Congress – Adjourn Congress if 2 Houses can’t agree on a date – Pardon/Reprieves
Offices of the Presidency • The Cabinet (product of custom) – – – 15 Executive Departments (millions of employees) Much power implementing policy Appointments subject to Senate approval Experts in specific policy area Why might president have difficulty controlling cabinet? • Cabinet often has divided loyalties – Advise president but also loyal to the agency they represent…fight for funding • Interest groups form close ties w/ cabinet departments sometimes limiting presidential influence • Careers of civil servants span multiple presidencies…more loyal to their departments than president. • Most civil servants can’t be removed by the president for political reasons; they are career employees
Offices of the Presidency • White House Office – Closest advisors…personally loyal to President (surpassed Cabinet as source of advice…but generalists compared to specialists in Cabinet) – Provide policy options/analysis – Headed by Chief of Staff —Gatekeeper to the Pres. (manage flow of people/info to pres. ) – Press Secretary…Why is this such an important position? – Bully Pulpit; connect with the people – Pres. can appt. /dismiss members w/o Senate approval • Executive Office – National Security Council (NSC): VP, Sec. of State, Sec. of Treasury, Sec. of Defense, Nat’l Security Advisor, etc. – Assist/advise president on national security and foreign policy issues – Council of Economic Advisors (CEA) – Office of Mgmt. & Budget (OMB): Prepares proposed federal budget and works with Congressional Budget Office (CBO) to finalize budget • Also oversees Congressional Appropriations
Roles of the President Chief of State Chief Citizen • Head of the Government • Symbol of the nation • Largely ceremonial • Expected to be the representative of the people • Work for and represent the public interests
Roles of the President Chief of Party Chief Executive • Only nationally elected official…so, guide the party • Public representation for party • Coattails Effect • Enforce government laws/ laws of the land – Popular candidate in an election draws votes for other members of the same political party – Why does President’s party often lose seats in mid-term? – Why might dealignment weaken the coattails effect? – Signing Statements – Executive Orders • Appointment Power • Administers federal bureaucracy (all the cabinet dept. ; federal agencies) & its 4 million employees
Executive Orders and Signing Statements • Executive Order: Directive, rule, or regulation issued by the President that has the effect of law…great powers to interpret Congress’ laws and clarify a laws application – Implied Power: Good over multiple administrations • Examples: – Emancipation Proclamation—Lincoln • Based on Power as Chief Executive – Desegregation of the Armed Forces—Truman • Based on Power as Commander in Chief • Signing Statements – Declares president’s intent to enforce a law a certain way – Only effective during that administration • What part of Article II give the president the authority to issue signing statements? • Do signing statements "undermine the rule of law and our constitutional system of separation of powers? "
Emancipation Proclamation • "That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they make for their actual freedom…”
Article Analysis Congressional Gridlock and Executive Action on Immigration and Minimum Wage
President’s Executive Actions on Immigration • Nov. 2014—Executive Actions (whitehouse. gov) – Critical elements of the President's executive actions are: • Cracking Down on Illegal Immigration at the Border: Continuing the surge of resources and will continue centralization of border security that effectively reduced the number of unaccompanied children crossing the border illegally this summer • Deporting Felons, Not Families: The President’s actions will focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the deportation priority list. • Accountability – Criminal Background Checks and Taxes: The President is also acting to hold accountable those undocumented immigrants who have lived in the U. S. for more than five years and are parents of U. S. citizens or Lawful Permanent Residents. By registering and passing criminal and national security background checks, millions of undocumented immigrants will start paying their fair share of taxes and temporarily stay in the U. S. without fear of deportation for three years at a time. • The President’s actions will also streamline legal immigration to boost our economy and will promote naturalization for those who qualify. http: //www. npr. org/2016/04/18/474376140/supreme-court-weighs-obamas- executive-action-on-immigration
Unequal Distribution of Wealth Today • Top 10% of nation, possess 50. 5% of nation’s income • U. S. income inequality is the highest it’s been since 1928. – In 1982, the highest-earning 1% of families received 10. 8% of all pretax income, while the bottom 90% received 64. 7% – 2012, the top 1% received 22. 5% of pretax income, while the bottom 90%’s share had fallen to 49. 6%.
Unequal Distribution of Wealth Today • Middle-class incomes have been stagnant for at least a generation, while the wealthiest tier has surged ahead. • In 1988, the income of an average American taxpayer was $33, 400, adjusted for inflation. Fast forward 20 years, and not much had changed: The average income was still just $33, 000 in 2008, according to IRS data • Meanwhile, the richest 1% of Americans -- those making $380, 000 or more -- have seen their incomes grow 33% over the last 20 years
Unequal Distribution of Wealth Today • U. S. v. the Developed World – In an Organization for Economic Cooperation and Development study of 31 “Developed Nations, ” the U. S. ranked 2 nd behind Chile in income inequality – The gap is even wider for African Americans • In 2011, median black household income was 59% of median white household income
Unequal Distribution of Wealth Today • Today, Top 5% possess 63. 1% of nation’s wealth • 1950 s, when the suburban American dream ruled: the bottom 90% of Americans controlled about 68% of the economy
Trickle Down Economics… • Productivity has surged, but income and wages have stagnated for most Americans. If the median household income had kept pace with the economy since 1970, it would now be nearly $92, 000, not $50, 000.
Income Inequality at Its Highest Point Since the Great Depression… • U. S. Income Tax Rates
Executive Order • http: //thedailyshow. cc. com/videos/tprkvs/waging-bull • http: //thedailyshow. cc. com/videos/ddm 404/wage-againstthe-machine • Although the president is limited in his powers regarding income inequality, what actions can he take? • Executive Order: Raising the Minimum Wage – President Obama raised federal minimum wage to $10. 10/hour • What power is this executive order based on? What is hope in doing so? • Who would need to approve a raise in the federal minimum wage? • Why do you believe the Republican controlled Congress has been slow to act on the issue of the Minimum Wage? Income Inequality? • What role might the Citizens United decision be playing on this issue? Consider: Who has been bankrolling most of the Super PAC/outside spending?
Executive Powers—Appointment Power • Appointment Power – Cabinet; Federal Judges; Ambassadors; Consuls; U. S. Attorneys; Director’s of Bureaucratic Agencies – Significance: • Influence Sup. Ct. for decades; Justices have life terms…influence policy for decades thru interpretation • Steps to Senate Confirmation – Nominated by President after vetting process – Senate committee hearings – Senatorial Courtesy (important) – Senate Debate – Confirmation/Rejection • All the more reason its crucial for president to have his party in control of Senate…still not safe due to filibuster http: //www. thedailyshow. com/watch/wed-march-6 -2013/rand-paul-s-filibuster
Federal and Appellate Court Districts 94 Federal District Courts • There are 2 in Indiana 13 Federal Appellate Court Districts • 11 Regional Appellate Courts • 1 Appellate Court for D. C. • 1 Appellate Court for the Federal Circuit
Party Polarization and the Appointment Process • What impact does divided government and party polarization have on the nomination process? • Even when the Senate was controlled by Democrats, president Obama still had many of his judicial nominees blocked…how? • What similarity do you notice about the states that have vacancies? • What tools can the president use to deal with divided government on nominations? – Recess Appt. ; Bully Pulpit-appeal to public
Appointment Powers-Recess Appointment • Recess Appointment – Senate in recess…President makes a temporary appointment w/o Senate approval – Expires at end of next Session of Congress or after formal confirmation • Prompts – What are the pros and cons of the recess appointment? – Why might president’s use this and what Constitutional principles might this violate, if any? – Should presidents have the right to execute this power?
Roles of the President Commander in Chief Diplomat • Head of the Military • Head of foreign policy – Civilian Control – Why not Congress? • Power to deploy troops • Head of national security • What power of Congress is this most in conflict with? Why? • Negotiates/signs treaties – Who must ratify? • Executive Agreements – Why is this an important tool? How is this different than a treaty? • Receive Ambassadors • Recognize foreign nations/ reps.
Military Power: Commander in Chief • President’s Constitutional Power: Commander in Chief – Must be able to respond quickly in emergency – Final authority over all military matters – Deploy troops
Military Power—Congressional Checks • Congressional Checks on President’s Military Power – ONLY CONGRESS CAN DECLARE WAR!!! – Congressional Resolution • In place of declaration of war; Joint Resolution has force of law – War Powers Resolution (1973) • W/in 48 hrs. of committing troops to combat abroad, President must report to Congress • Combat commitment must end w/in 60 -90 days unless Congress agrees to extension • Congress may end combat commitment at any time with passage of concurrent resolution – “Power of the Purse”—May withhold funding • Politically Risky • Congress often been ignored by presidents in commitment of combat troops – Why is it essential for President to be able to take action before receiving Congressional approval?
Military Power—Informal Checks • What informal checks exist on President’s use of military – Public Opinion/Support • Not likely to take action in the face of American public’s opposition – Media • Watchdog • Sovereignty of Nations – Can the U. S. go into another nation, if that nation did not attack the U. S. (Grenada? , Panama? Iraq? ) • Advice of Cabinet & Generals
Presidential Diplomatic Powers • Appoints ambassadors (confirmed by Senate) • Negotiate Treaties (ratified by Senate) – Formal agreement b/n two or more sover. States – Signed by Pres. ; Ratified by Senate • Executive Agreements – Pact b/n President and head of foreign state – Does NOT require Senate approval – Ex. WWII U. S. & G. B. = Destroyers for Bases Deal • Power of Recognition – President receives ambassadors and other public ministers – President acknowledges legal existence of country (extend diplomatic recognition of foreign nations) • Truman’s recognition of Israel helped it survive • Diplomatic Hot Water: NSA and the tapping foreign leaders…
Executive Privilege • Executive Privilege: Allows president to refuse information to refuse to release info to Congress or a court – Secures confidentiality • Implied Power – Another example of broad interpretation of executive power • U. S. v. Nixon— 1973 – Court rejected Nixon's claim to "an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. "
Roles of the President • Chief Legislator – Legislative Role increased over time… • Especially setting agenda…proposing legislation • How does media help with this? – Bully Pulpit – Veto Power • How can this be used to influence legislation? – Set priorities and establish agenda • State of the Union • Campaign Platform • Bully Pulpit – Forced to work as a lobbyist to get proposals passed • Can’t always count on party unity…why? – Party Fragmentation; Growing influence of Special Interest Groups – What might be an issue that President Obama supports, but Senator Joe Donnelly (IN) opposes
Legislative Powers • Recommending Legislation – State of the Union; Budget Speech • Executive Orders • Signing Statements – Declares president’s intent to enforce a law a certain way • Veto Power – Even threat of a veto can influence bill Congress tries to pass (often leads to modifications) – Requires 2/3 of both houses to overturn veto…hard to get – Pocket Veto – Line Item Veto —Ruled Unconstit’l. —Clinton v. NYC – TODAY, PRESIDENT MUST ACCEPT OR REJECT A BILL IN ITS ENTIRETY
Presidential Judicial Powers • Nominate judges • Reprieve: postpone execution of a sentence • Pardon: legal forgiveness for a crime – Gerald Ford pardoning of Richard Nixon – 10 Most Notorious Presidential Pardons • Commutation: Reduce length of sentence • Amnesty: blanket pardon to group of violators – Jimmy Carter—Vietnam Draft Dodgers • Federalism—President’s Judicial Powers apply to federal cases only
Presidential Power Domestic Issues Foreign Policy • President is more restricted on domestic issues…why? • President has more latitude…why? – More direct conflict with Congress—Congress responsive to constituents – People are more aware of the potential impact of policies – Crisis Management… Congress too deliberate – Need a single voice for negotiations abroad – Fewer constituencies abroad
Events Leading to Growth of Pres. Power • Constitution: Broad—open to implied powers • Wars/Economic Crisis • Specific – Lincoln & Civil War – Teddy Roosevelt—Regulation of commerce (Progressive) – FDR—New Deal – Bush (W)— 9/11 --Patriot Act • President’s Power Closely Tied w/ Approval Rating…why?
President & Public Opinion • What Factors Impact Approval Ratings? – Person’s party affiliation, age, education, religion – How a specific event influences public perception of the President’s leadership ability – Media Coverage: Narrowcasting (FOX v. Obama) – Which issues have the greatest influence on P. O. ? • Public Approval Fluctuates during Terms – When is a president most popular? • Honeymoon Period: Beginning of 1 st term; Try to get major agenda items pushed through legislative process – Approval ratings decline as term goes on • Pres. Party typically loses seats in midterm election • How does this impact pres. agenda, goals, strategy?
Current Pres. Obama Approval Rating Poll Date Sample Approve Disapprove Spread RCP Average 5/15 - 6/14 -- 49. 9 46. 8 +3. 1 Bloomberg 6/10 - 6/13 1000 A 53 42 +11 FOX News 6/5 - 6/8 1004 RV 51 46 +5 Gallup 6/12 - 6/14 1500 A 53 44 +9 Rasmussen Reports 6/9 - 6/13 1500 LV 49 50 -1 Reuters/Ipsos 6/4 - 6/8 1716 A 49 47 +2 The Economist/You. Gov 6/2 - 6/5 1396 RV 46 52 -6 IBD/TIPP 5/31 - 6/5 908 A 51 42 +9 Quinnipiac 5/24 - 5/30 1561 RV 49 48 +1 NBC News/Wall St. Jrnl 5/15 - 5/19 1000 RV 51 46 +5 ABC News/Wash Post 5/16 - 5/19 829 RV 47 51 -4
President & the Media • Bully Pulpit: President’s ability to focus national attention on issues – If President says it…it’s newsworthy – What other adv. does pres. have over Congress in gaining media attention? • Pres. holds a limited # of press conferences – Press Secretary does daily briefings • Adversarial relationship however… – President relies on media to spread his agenda – Media efforts to maintain some semblance of independence & integrity
Opening Video • Daily Show Correspondents Analyze the Relationship of the President & Congress
President & Congress • Electoral Mandate: – Belief that people voting for President are doing so b/c they support his agenda thereby adding legitimacy & credibility to his administration
President & Congress • Why is there Conflict: Sources of Conflict – – – – Ambiguous language in Constitution (big diff. b/n Article I & Article II) Varying terms: President (4); Rep. (2); Sen. (6) Different Constituencies Fluctuating public support Disunity w/in Party; Party Fragmentation Decreasing coattails of the President Party Polarization • https: //www. youtube. com/watch? v=Fir. I 3_G_0 JM • Party Polarization-State of the Union • Daily Show: 2015 State of the Union – Divided government • ↑partisanship; ↑gridlock; ↓public trust of govt. • Each branch trying to control legislative agenda • Issues with Appointments?
What Powers Does President Have in Dealing w/ Congress? • What’s the president’s most critical weapon in working with Congress? – Mobilizing Public Support; High public approval • What challenges does Divided Government and Party Polarization pose to the president? • How can presidents deal w/ divided govt. or gridlock in Congress (party polarization)? – – – Bully pulpit/use of media to sway pub. Opinion Threaten veto Broker deals w/ Congressional leaders Build coalitions w/ key interest groups Executive Agreement; Executive Order Utilize Recess Appointments • President make an appointment while Congress in recess, thus Appointee doesn’t have to be confirmed by Senate until the end of next session • Very controversial exercise
President & Congress • Congress’ Checks and Balances on the Pres. – Only members of Congress can Introduce legislation to debate on Congress. Floor – Override Veto (2/3 both Houses—rare) – Senatorial Advice & Consent on Treaties & Appointments – Power of the Purse – Declare War – Congressional Oversight – Impeachment • House—Formally charge (Impeach) • Senate—Conducts trial and convicts • Informal Checks – Lame Duck Period: End of President’s term of office, after the election of a successor, where Congress unwilling to work w/ Pres. on new initiatives
President and Judicial Branch • President’s Influence on the Judicial Branch – Nominate Judges to Federal District and Appellate Courts – Nominates Supreme Court Justices – Why is the Judicial Branch the part of government where the president can make an impact long after his term? • Judicial Branch checks on the President – Judicial Review: Power to declare executive actions/orders unconstitutional
Budget Constraints • How does Mandatory Spending in the Federal Budget hurt the President’s legislative initiatives?
Elections • Steps in Running long/complex election – Build a base: Gather resources, set up staff, start building public persona, get media attn. etc. – Develop a Theme/Vague Platform • Build BROAD appeal—due to dealignment – Win Nomination: Primaries & Convention • http: //thecolbertreport. cc. com/videos/tpxhoo/scottfistler-s--cesar-chavez--strategy – Win Election • Try to persuade swing voters • Tweak message…meet specific voting groups…appeal to their core issues
Vice President--Selection • Selection of Running Mate: – Typically done at Convention • Balancing the Ticket – Attributes in selecting a VP Candidate • • Geography Ideology—don’t have to agree Experience Character Ethnicity/Race…Growing Role? Why? Gender…Growing Role? Religion Public Opinion
Winning the Election • Two Parts to General Election: Popular election and Electoral College – Popular Elections: Admin. by States (Tu. After 1 st Mon. in Nov. ) – Electoral College: Ultimate Goal • Need a majority of votes to win Elec. College (270) • Founders wanted a filter to popular vote
Electoral College • Each state has same # of electors as member of Congress – Can potentially change with Census • Each state chooses how they’ll selectors – Each state has 2 slates: 1 of each party – Electors usually loyal party workers • Casting votes: Electors expected to cast votes for person who won state (not required… Faithless Elector) – 48 States Winner Take All – Maine & Nebraska Proportional
What If No Candidate Wins A Majority? • House of Representatives chooses from the top 3 electoral vote getters with each EACH STATE DELEGATION HAS ONE VOTE • 12 th Amendment: Changes casting of ballots…technically 1 for Pres. ; 1 for VP • Focus: Big states & Swing states – Little time spent where party can’t win or victory assured
Presidential Models • Hamiltonian: – Active president; policy initiative; should use implied powers to promote his agenda of nat’l interest • Madisonian: – Based on checks & balances; traditional model; – Prudent government…utilize concurrent majorities • Jeffersonian – Utilize strong national party system; party puts forth and implements program; utilize majority rule