George W. Bush was effectively able to convince the American public and Congress of the necessity to expand the roles and abilities of the U.S. president. Bush saw many of his favored legislation passed as well as having his views on American global dominance realized. Though the president is often able to preside as he sees fit, there are established limitations that curtail the power of a single person.

America’s Presidents

• Americans presidents have adopted different roles depending on what the nation’s needs have been.
  • Washington, Adams, and Jefferson helped establish federal courts and a system for financing the new nation.
  • Polk oversaw the admission of Texas into the Union as well as the Oregon Treaty.
  • The late 1800s and early 1900s mandated that presidents develop systems to adapt to a growing nation and economy.
    • Woodrow Wilson attempted to form an international organization to help prevent future world wars but was resisted domestically by Congress and abroad by foreign leaders.
    • FDR’s New Deal helped the United States climb out of the Great Depression.
    • JFK and Lyndon Johnson helped established programs that would grant civil liberties to blacks as well as domestic programs like Medicare, Medicaid, and increased funding for education, among others.
    • Johnson and Nixon attempted to unify North and South Korea but ultimately failed.
    • Clinton’s policies spurred continuous and stable economic growth but were often met with great resistance (i.e., proposed health care policy, peacekeeping in Rwanda).
• While presidents help forge the nation, there powers are kept in check by the judicial and legislative branches of the government.
• Presidents must also appeal to the general public and other politicians to increase chances of reelection and policy adoption.

The President’s Job Description

• The president is the head of the executive branch, as stated by the Constitution’s vesting clause, which also makes the president the head of state.
  • The president is responsible for ensuring that new laws are properly enforced by using judgment regarding budgets and regulations.
  • The president appoints ambassadors, the federal judiciary, and senior bureaucrats.
    • The Senate is able to limit presidential power by confirming or denying appointments to high-level positions (i.e., the federal judiciary).
    • The president can skip Senate approval by making a recess appointment in which the president temporarily appoints an official while the Senate is not in session.
  • Presidents also have the power to issue executive orders, which can change a government policy without congressional approval.
    • The extent of executive order often remains unclear by design and is meant to be interpreted as appropriate by a given situation.
  • The president serves as the commander in chief but it is the right of Congress to declare war.
    • The president may grant the deployment of troops and the use of physical force prior to Congress declaring war.
    • The Constitution is purposefully vague in determining the necessity of force and is meant to be interpreted appropriately by a given situation.
  • Treaty-making power is shared between Congress and the president.
    • Congress considers treaties only when negotiations have failed, and it cannot force the president to negotiate a treaty.
    • Presidents can form an executive agreement with foreign states without Senate consent (i.e., the Kyoto Protocol).
  • Lawmaking is a shared power between the president and Congress.
    • Presidential legislative power stems from the ability to veto bills, which then must be approved by a two-thirds vote of both House and Senate.
    • Vetoes most likely occur under a divided government.
  • The president is granted the power to pardon criminals convicted of federal crimes.
  • Executive privilege gives immunity to the president and his subordinates as they leave the White House.
    • Executive privilege allows the president and his staff to communicate freely and discuss hypothetical ideas without worry that conservations could leak and become costly.
• Much of the time, it is necessary for presidents to gain support from legislators and citizens to accomplish their goals.
• Presidents try to fulfill campaign promises in order to generate future support and increase presidential approval, an index of citizens’ opinion of the president.
  • The president acts as the leader of his party and gains support from fellow party members in Congress.
  • The president may chose to go public in order to draw attention to a particular issue and increase support for his stance.
  • If the president were to become incapacitated, the vice president would assume command.

The American Public and the President

• Studies show Americans want a president who displays good, ethical judgment; they are less concerned with political experience and are willing to compromise.
• Because of the limited powers afforded the executive in the Constitution, it is necessary that the president cultivate public support to ensure his preferred policies are enacted.
  • Often, a president must choose between maintaining a traditional view as dictated by his party, and being flexible to gain support from an opposing side.

The Executive Branch

• The Executive Office of the President (EOP) is responsible for helping the president and his party realize their various goals.
  • Both large and small political offices within the White House carry important positions.
  • EOP staff members are presidentially appointed and maintain their positions as long as the president is in power.
    • Traditionally, the president is most concerned with loyalty from the EOP with less regard for general public or policy experience.
    • Often, EOP staff are people who supported the president during his campaign.
    • There are exceptions and sometimes EOP staffers receive jobs based solely on expertise.
  • The vice president is in charge of presiding over Senate proceedings as well as casting the tie-breaking vote, if need be; though both these roles are commonly regarded as symbolic.
  • The vice president’s role as confidant and advisor are relatively new roles; vice presidents have traditionally served to balance a presidential ticket in order to increase support.
    • Vice President Cheney was the most powerful vice president in American history due to his extensive political experience, expertise, and loyalty to President George W. Bush.
• The presidential cabinet is comprised of the heads of fifteen executive departments.
  • The cabinet chiefly serves to implement the president’s agenda.
  • Cabinet members are often chose by a combination of loyalty and expertise.

Assessing Presidential Power

• Some scholars think that Constitutional ambiguities give the president the ability to take unilateral action without consulting Congress or other branches of government.
• Unitary executive theory states the Constitution’s vesting clause implies the president has the power to act and unless stated specifically otherwise, Congress has no legal right to repeal executive actions.
  • A signing statement allows the president to control implantation and interpretation when signing a bill into a law.
    • To counter a signing statement, Congress can write laws in a way that limits the president’s interpretation.
• Many officials will deliberately take advantage of constitutional ambiguities and omissions without legal consequence.
• Congress may remove the president or vice president for abuses of power by using the impeachment process.
  • Impeachment is a drastic move and has never successfully been used to remove a president.

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