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In the twentieth century, the president was transformed from "chief clerk," the executor of Congress's wishes, into "chief executive," the leader and shaper of the national government. |
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National emergencies provide presidents with a source of power. |
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The public's expectations of the president have grown even faster than presidential powers. |
| 1) The Constitutional Basis of the Presidency |
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Presidency established by Article II of the Constitution. |
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The framers adopted a method of indirect election of the president to create a strong executive responsible to the state and national legislators rather than to the electorate. |
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| 2) The Constitutional Powers of the President |
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Expressed vs. delegated vs. inherent powers |
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A) Expressed Powers |
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Military: President is commander in chief of the nation's military and the head of its security and intelligence agencies. |
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i) Military powers include deploying troops to enforce federal decisions and declarations of "states of emergency." |
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Judicial: President can grant pardons, reprieves and amnesty. |
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Diplomatic: President has the power to make treaties, receive ambassadors and create executive agreements. |
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Executive: President is authorized to see that all laws are faithfully executed. |
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i) Appointment power and executive privilege add to executive power. |
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Legislative: President can participate in the legislative process. |
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i) Legislative powers include the State of the Union address and the various types of vetoes, as well as the agenda setting of legislative initiative. |
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ii) Executive orders allow the president to act alone, within limits. |
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B) Delegated Powers |
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Powers of the president not found in the Constitution that are the products of congressional resolutions. |
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Congress has, for the most part, volunteered to delegate legislative authority to the executive since it cannot administer all of the laws and programs it creates. |
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| 3) The Rise of Presidential Government |
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The popular base of support is critical to the presidency, because it allows him to exercise his vested powers. |
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The president has many resources to draw upon in the political arena. |
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A) The Legislative Epoch, 1800-1933 |
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Chief clerk was originally contemplated by the founders with limited powers (e.g. assisting states in putting down civil disorder). |
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There was only occasional room for greatness in such a weak office. |
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Presidency was not linked to major national and social forces. |
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The 1830's rise of national conventions strengthened the office somewhat. |
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Congress kept tight rein on powers of presidency. |
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B) The New Deal and the Presidency |
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Modern Presidency began with Franklin D. Roosevelt, who established links directly to the people through the media. |
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i) Fireside chats on the radio created relationship with masses. |
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Aggressively formulated programs and took decisive action to expand role of government. |
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Delegation led to enhanced powers, and Supreme Court eventually allowed the New Deal. Power was given to FDR because of the economic crisis of the Great Depression. This is similar to the extra power President Bush received due to the terrorist attacks on September 11, 2001. |
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Entitlement programs link national interest groups and social forces, including social security, Tennessee Valley Authority, and the Wagner Act. |
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Chief executive was reconceived to be capable of leading our national government, enforcing the laws, with some discretionary power to respond to emergencies |
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| 4) Presidential Government |
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A) What Are Formal Resources of Presidential Power? |
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Cabinet |
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White House Staff |
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Executive Office of the President |
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Vice Presidency |
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First Lady |
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B) What Are the Contemporary Bases of Presidential Power? |
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Party as a Source of Power: The President can call upon partisan institutions to exert influence in the legislative process. |
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"Going Public:" President can appeal directly to the electorate for support on a particular issue. |
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Administration: President can increase control over existing executive agencies or create new ones to reduce their dependence on Congress and give them more independent governing and policy-making capabilities. |
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C) The Administrative State |
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Contemporary presidents have increased the administrative capabilities of their office in three ways: |
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by increasing the reach and power of the Executive Office of the President (EOP) |
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by increasing White House control over the federal bureaucracy, such as by regulatory review |
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by expanding the role of executive orders and other instruments of direct presidential governance. |
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