Govt 1358 Slide Summaries

GOV 1358:
Presidential Power in the United States
Overview and Introduction:

The Essence of Presidential Power
in the United States
January 26, 2015
What will we be doing?
Goals
Overview
Methodology
Requirements
Target Audience
The Essence of
Presidential Leadership
A Clerkship?
An Imperial Presidency?
What is power?
How much power

does the president have?
What do we expect of the president?
Does the president

have the power to
do what we want
him to do
(when we want
him to do it)?
A heroic president?
Dual Role
Head of State
Head of Government
Sources of Presidential Power

Formal
The Constitution
Congress
Courts
Executive Authority
Federalism
Informal
The Public
Political Parties
Bureaucracy
Media
Events
History
Skills
Constraints on Presidential Power

Formal
The Constitution
Congress
Courts
Executive Authority
Federalism
Informal
The Public
Political Parties
Bureaucracy
Media
Events
History
Skills
The Exercise of Power Today
Course video
In Summary
Questions?
GOV 1358:
The Constitutional Origins of

January 28, 2015
The Framers Experience

What were the framers personal
experiences with executive power?
How did those experiences shape their
views of executive power?

Theoretical Experience
Political Theory
History
Practical Experience
King George and the Colonial Governors
The Articles of Confederation
The Declaration of Independence
He has refused his Assent to Laws, the most wholesome and necessary for the public
good.
He has forbidden his Governors to pass Laws of immediate and pressing importance,
unless suspended in their operation till his Assent should be obtained; and when so
suspended, he has utterly neglected to attend to them.
He has called together legislative bodies at places unusual, uncomfortable, and distant
from the depository of their public Records, for the sole purpose of fatiguing them into
compliance with his measures.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the
amount and payment of their salaries.
He has kept among us, in times of peace, Standing Armies without the Consent of our
legislatures.
He has affected to render the Military independent of and superior to the Civil power.
For Quartering large bodies of armed troops among us:
The Declaration of Independence
For protecting them, by a mock Trial, from punishment for any Murders which they
should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For taking away our Charters, abolishing our most valuable Laws, and altering
fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to
legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging
War against us.
He is at this time transporting large Armies of foreign Mercenaries to complete the
works of death, desolation and tyranny, already begun with circumstances of Cruelty &
perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of
a civilized nation.
The Articles of Confederation

No executive branch
Execution of laws left to states
Members of Congress chosen, paid, and
recalled by state legislatures
Each state had one vote
Congress cannot levy taxes or regulate
interstate commerce
No national army, only state militias
Debates over the presidency

at the Constitutional Convention
Major debates
How to elect the President (and how long will he
serve)?
Will there be one or several presidents?
Appointments
Minor debates
The veto power
War powers and treaties
The executive power
Debates and Ambiguities

a single man would feel the greatest
responsibility and administer the public
affairs best (John Rutledge)
the executive magistracy [i]s nothing more
than an institution for carrying the will of the
Legislature into effect (Roger Sherman)
More debates among the framers

I wish that at the end of the four years they
had made [the president] forever ineligible a
second time (Thomas Jefferson)
[I wish the convention had] given more
power to the President and less to the
Senate (John Adams)
Opposition to the executive

Your president may easily become a King. If your
American chief be a man of ambition, how easy it
is for him to render himself absolute: The army is
in his hands, and if he be a man of address it will
be attached to himand what have you to oppose
this force? What will then become of you and your
rights? Will not absolute despotism ensue?
Patrick Henry, opposing ratification by the
state of Virginia
Hamiltons Defense
Energy in the executive is a leading character in
the definition of good government. It is essential
to the protection of the community against foreign
attacks; it is not less essential to the steady
administration of the laws; to the protection of
propertyto the security of liberty against the
enterprises and assaults of ambition, faction and
anarchy.
Federalist No. 70
A look at the Constitution

http://www.usconstitution.net/const.html
The Vesting Clauses

All legislative Powers herein granted shall
be vested in a Congress of the United States
Article I, Section 1
The executive Power shall be vested in a

President of the United States of America.
Article II, Section 1
The Constitutional Powers of Congress
The Congress shall have Power To lay and

collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common
Defence and general Welfare of the United
States;
To borrow Money on the credit of the United
States;
To regulate Commerce with foreign Nations,
and among the several States, and with the
Indian Tribes;
To coin Money, regulate the Value thereof,
and of foreign Coin, and fix the Standard of
Weights and Measures
To provide for the Punishment of
counterfeiting the Securities and current Coin
of the United States;
To promote the Progress of Science and
useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to
their respective Writings and Discoveries;
To declare War, grant Letters of Marque

and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no
Appropriation of Money to that Use shall be
for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and
Regulation of the land and naval Forces;
To provide for calling forth the Militia to
execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing, arming, and
disciplining, the Militia, the Appointment
of the Officers, and the Authority of training
the Militia according to the discipline
prescribed by Congress;
To make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers, and all other Powers
vested by this Constitution in the Government
of the United States, or in any Department or
Officer thereof
The Constitutional Powers of the President
The President shall be Commander in Chief

of the Army and Navy of the United States,
and of the Militia of the several States, when
called into the actual Service of the United
States;
He may require the Opinion, in writing, of the
principal Officer in each of the executive
Departments, upon any Subject relating to the
Duties of their respective Offices, and he
shall have Power to grant Reprieves and
Pardons for Offences against the United
States, except in Cases of Impeachment.
He shall have Power, by and with the Advice
and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present
concur; and he shall nominate, and by and
with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United
States, whose Appointments are not herein
otherwise provided for, and which shall be
established by Law.
The President shall have Power to fill up all

Vacancies that may happen during the Recess
of the Senate, by granting Commissions
which shall expire at the End of their next
Session.
He may, on extraordinary Occasions,
convene both Houses, or either of them, and
in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may
adjourn them to such Time as he shall think
proper;
He shall receive Ambassadors and other
public Ministers;
He shall take Care that the Laws be faithfully
executed,
and shall Commission all the Officers of the
United States.
The Ambivalence of Executive Power:

A Two-Track Executive
Energy
Accountability
Presidents on Presidential Power

The President can exercise no power which
cannot be fairly and reasonably traced to some
specific grant of power... Such specific grant
must be either in the Federal Constitution or in
an act of Congress passed in pursuance thereof.
There is no undefined residuum of power
William Howard Taft

Every executive officer [is] a steward of the
people it [is] not only his right but his duty
to do anything that the needs of the Nation
demand[s] unless such action [is] forbidden by
the Constitution or by the laws
I did not usurp power, but I did greatly broaden
the use of executive power
Theodore Roosevelt

Was it possible to lose the nation, and yet
preserve the constitution?...
I felt that measures, otherwise unconstitutional,
might become lawful, by becoming
indispensable to the preservation of the
constitution, through the preservation of the
nation
Abraham Lincoln
When the President does it,

that means that it is not illegal
Richard Nixon
Growth of Presidential Power
Presidents: Some presidents have used the influence of their office to increase the scope
of presidential power
The nature of the office: The presidency is a unitary office with one leader, capable of
quicker decisions than Congress or the courts
Political time: Certain times and situations demand greater displays of presidential
power than others, so presidential power expands (or contracts) depending on the context
The public: As the role of the federal government has grown and the country has
endured wars and other major crises, citizens have looked to the presidency for decisive
leadership
The Congress and the courts: Congress, and at times the courts, have granted more
authority to the executive branch
The bureaucracy: The presidents staff has grown over time, allowing involvement in
more areas of government
The media: The president has a unique ability to use the mass media to attract public
attention to his policies and goals
Others
In Summary
Questions?
GOV 1358:
Presidential Power in the U.S.
Power as Bargaining:
The Power to Persuade
February 2, 2015
Richard Neustadt and the Study

of Presidential Power
The Context
The Objective
The Audience
Does the President

have the power to
do what we want
him to do
(when we want
him to do it)?
Understanding the Argument

The President as Clerk
Weak is the word with which to start
Separate institutions sharing power
(to share is to limit)
Mismatch between expectations placed on
the President and his ability to meet those
expectations
The Limitations of Command
Hell sit here and hell say, Do this! Do

that! And nothing will happen.
Poor Ike it wont be a bit like the Army.
Hell find it very frustrating.
The Essence of the Argument
The power of the President is the power to

persuade and the power to persuade is the
power to bargain
Sources of Power
Formal powers
Informal powers
Professional Reputation
(inside Washington)
Public Prestige
(outside Washington)
Presidential Power
Skills and Will
The Role of Leadership
The President as Educator
An Activist President
Whats good for the President is good for
the country
FDR as leader
Other examples
Advice to the President

A Presidents choices endanger or empower
him
Act today with an eye on the future
Theres no salvation by staff
Avoid Hazards of Transition
Others
Methodology
Case studies and anecdotal evidence
Time-bound argument?
Measurement issues
Assessing the Argument
In Summary
Questions?
GOV 1358:
Power as Direct Action
February 4, 2015
Understanding the Argument

The Context
The Office and its Powers
The Tools
Executive Directives and

Other Executive Tools
What are they?
Types:
Executive Orders
Proclamations
Executive Agreements
Presidential Memoranda
Administrative Orders
National Security Directives
Determinations
Letters
Signing Statements
Others
The Limitations of Command?

Will the President sit here and say,
Do this! Do that! And nothing will happen?
From where is the Presidents frustration likely
to come?
What can the President do about it?
Presidential Power
Emphasis away from
Distinction between Formal and Informal Powers
Presidents Skills and Will
The Role of Leadership
Focus on
Institutional Advantages of the Presidency
(Structure, Resources, and Location in a system of separated
powers)
Institutional Factors facing the President
(Composition of Congress and the courts, divided government,
public approval, time in office, etc.)
The Essence of the Argument

Weak is not the word with which to start
The President as an Institutional Actor
Effect of the Separation of Powers on the
Presidency
The power of the President is not the power
to persuade
The Stroke of the Pen

To make policy, presidents need not secure the
formal consent of Congress, the active support of
bureaucrats, or the official approval of justices.
Instead, presidents simply set public policy and
dare others to counter. For as long as Congress
lacks the votes (usually two-thirds of both
chambers) to overturn him, the president can be
confident that his policy will stand.
The Logic of the Direct Action Model

First Mover Advantage
Single Actor
The Logic of the Bargaining Model
The Theory
The Evidence
Evaluating the Argument
Methodology
Critiques of the argument
Questions?
GOV 1358:
Power as Going Public
February 11, 2015
Going Public
The Rise of the Rhetorical Presidency

Defining Going Public
The essence of Kernells argument
Going Public has replaced bargaining

The reasons why
The evidence
Evaluating the relationship between the
President and the public
The Rise of Going Public

How Washington has changed
Institutionalized Pluralism
Individualized Pluralism
How presidents have changed

The role of new technologies
The Evidence
Presidential Rhetorical Activity

Franklin D. Roosevelt George W. Bush
The Effectiveness of Going Public

How often?
Where?
On what issues?

Methodology
Which Public?
Going Public: Does it work?
The future of the public presidency
Questions?
GOV 1358:
Power as Opportunity
February 18, 2015
Power as Opportunity
Edwards argument in The Strategic President

The Objective: Evaluate Neustadts argument
The Focus: The Public and the Congress
Defining Leadership
Persuasion, Opportunity, and Leadership
Presidents as Facilitators
Understanding the Limits of Persuasion
Power as Opportunity:
Leadership as Facilitation
If not persuasion, then what?
The most effective presidents do not create opportunities by reshaping the
political landscape. Instead, they exploit opportunities already present in
their environments to facilitate significant changes in public policy.
Recognizing and exploiting opportunities for change, rather than
persuasion, are the essential presidential leadership skills.
The Strategic President

Leading the Public: Best Test Cases
Lincoln
FDR
Reagan
Leading the Congress: Best Test Cases

FDR
Johnson
Reagan
The Strategic President

Leading the Public: Exploiting Existing Opinion
Framing Issues
Increasing the Salience of Popular Issues
Clarifying Opinion
Channeling the Public
Exploiting Fluid Opinion
Leading the Congress: Less Favorable Contexts

Bush 41
Bush 43
Reassessing Leadership
Lessons for Scholars

Lessons for Presidents
Methodology
Case Studies (Best Test Cases)
Public Opinion Data
Congressional Support Data
Assessing the Power to Persuade:

Leadership at the Margins
Questions?
GOV 1358:
Presidential Power in Political Time
February 23, 2015

Introduction
The Presidency in American Political
Development
How to evaluate?
Stephen Skowroneks
The Politics Presidents Make
The Objective
Historical Institutionalism and
the Role of History
The Cycles of Presidential History
The Modern-Traditional Divide
Secular vs. Political Time
The Central Claim

Presidential power has an inherently disruptive political effect
and presidential leadership is a struggle to resolve that effect in
the reproduction of a legitimate political order The tendency
for politics to cycle over broad spans of time, is but one of the
likely consequences of this dynamic as it gets played out in
different ways by successive incumbents coming to power in
new situations. Another, more important consequence is that
leadership outcomes turn less directly on the powers or
institutional resources of the presidency than on the incumbents
contingent political authority or warrants for changing things.

The leadership problem
Presidential power is both disruptive (ordershattering effects) and affirming at the same
time (order-affirming purpose)
The power to recreate order hinges on the
authority to repudiate it

The concept of Political Time
The determinants of Political Time
Previously established commitments (vulnerable
or resilient)
Presidents political identity (affiliated or
opposed)
Recurrent Structures of Political Authority

Presidents
Political Identity
--------------------------Previously Established
Commitments
Opposed
Affiliated
Vulnerable
Politics of
Reconstruction
Politics of
Disjunction
Resilient
Politics of
Preemption
Politics of
Articulation
Recurrent Structures of Political Authority

Presidents
Political Identity
--------------------------Previously Established
Commitments
Vulnerable
Resilient
Opposed
Affiliated
Examples:
Jefferson, Jackson,
Lincoln, FDR,
Reagan
Examples:
Pierce, Carter
Examples:
Eisenhower, Clinton
Examples:
Polk, Kennedy
Cycles of Presidential Leadership

Regime generation, degeneration, and
regeneration
The cycles of presidential leadership
Jeffersonian Era (1800-1828)

Jacksonian Era (1828-1860)
Republican Era (1860-1932)
New Deal Era (1932-1980)
Conservative Era (1980-)
Emergent Structures of Presidential Power

Mode of
governmental
operations
PATRICIAN
PARTISAN
PLURALIST
PLEBISCITARY
Period of
prominence
Characteristic
presidential
resource
Typical
presidential
strategy
Personal reputation
among notables
Stand as national
tribune above faction
and interest
Party organization,
Executive patronage
Manipulate distribution
of patronage to party
factions and local
machines as broker for
the national coalition
1900-1972
Expanding executive
establishment attending
to countrys new
interests and needs
Bargain with leaders of

institutions and interest
groups as steward of
national policymaking
1972-present
Independent political
apparatus and mass
communications
technologies
Appeal for political

support over the heads
of Washington elites
directly to the people
1789-1832
1832-1900
A look at our last few presidents
Carter and the Politics of Disjunction

Reagan and the Politics of Reconstruction
Bush 41 and the Politics of Articulation
Clinton and the Politics of Preemption
Bush 43 as Orthodox Innovator
Where does Obama fit in?
Assessing the Political Time Thesis
Methodology
Critiques of the Argument
GOV 1358:
Power and Personality

in the American Presidency
February 25, 2015
The Psychological Presidency

Introduction
The President as an individual
How to evaluate?
James Barbers
The Presidential Character
The Objective
The Argument
Personality and Performance
The role of the individual:
Psychology and History
Political Science?
The Elements of Presidential Personality:

Character
The way the President orients himself toward life

Self-esteem and pleasure taken in meeting challenges
Openness to criticism
How the President feels about himself
How he thinks rationally under criticism or stress
Attitude toward learning the job
Developed early in life during childhood

Worldview
How the President sees the world
His primary, politically relevant beliefs, particularly his
conceptions of social causality, human nature, and the central
moral conflicts of the time
Developed in adolescence

Style
The way the President goes about doing what the office
requires him to do
The habitual way the President has of doing things. Things
like reliance on rhetoric, personal relations, and homework
How the Presidents sets the tone for the White House (Formal
or informal, consensual or promotive of diverse viewpoints,
hierarchical or decentralized)
How the President deals with the media, the public, other
politicians; how he manages the endless flow of details
Developed in early adulthood
The Elements of Presidential Personality

According to Barber, the three psychological
components of character, style, and worldview
comprise a pattern of motives, habits, and
beliefs that result in behaviors that are evident
throughout life and that are not easily changed
The Elements of Presidential Personality

Character colors both the Presidents style and
worldview, but it does not determine them
It conditions the processing of information,
the consideration of options, and the making
of decisions.
It is the most important thing to know about a
president or candidate
Barbers Presidential Character Typology

Based on two concepts:
activity levels and affect
Activity levels are the energy brought to the
job (active-passive)
Affect is the level of satisfaction that is
obtained from doing the job (positivenegative)
Affect toward the

presidency
-------------------------Energy directed
toward the
presidency
Active
Passive
Positive
Negative
Adaptive: This presidential type is

characteristic of an energetic president
who enjoys his work and who tends to
be productive and capable of adapting
to new situations. Such a person
generally feels confident and good
about himself.
Compulsive: This type describes a

president who works hard but does
not gain much pleasure from it, and
who tends to be intense, compulsive,
and aggressive. He may pursue his
public actions in a self-interested
manner. Such a person generally feels
insecure and uses his position to
overcome those feelings of inadequacy
and even impotency.
Compliant: This type describes a

relatively receptive, laid-back
individual who wants to gain
agreement and mute dissent. Such a
person is apt to feel pessimistic and
unloved at a deep psychological level.
The passive-positive president attempts
to compensate for these feelings by
being overly optimistic and by
continually trying to elicit agreement
and support from others.
Withdrawn: This presidential type

can be said to abhor politics and
withdraw from interpersonal
relationships. Such an individual is
ill-suited for political office, much less
the nations highest one. He or she
suffers from low-self esteem and a
sense of uselessness and is apt to take
refuge in generalized principles and
standard procedures.
Affect toward the

presidency
-------------------------Energy directed
toward the
presidency
Active
Passive
Positive
Negative
Examples:
Thomas Jefferson, F.D.R.,
Harry Truman, John F. Kennedy,
Gerald Ford, Jimmy Carter,
George H. W. Bush, Bill Clinton
Examples:
John Adams,
[Abraham Lincoln],
Woodrow Wilson,
Herbert Hoover,
Lyndon Johnson,
Richard Nixon
Examples:
James Madison,
William Howard Taft,
Warren Harding,
Ronald Reagan.
Examples:
George Washington,
Calvin Coolidge,
Dwight Eisenhower.
Assessing the Psychological Presidency
Methodology
Critiques of the Argument
Other Evaluations of Presidential Performance

Fred Greenstein and Presidential Leadership Style:
The Presidential Difference
A president's effectiveness is a function of more than his
political prowess and mental health
Focuses on six qualities of presidential job performance:
Public Communication
Organizational Capacity
Political Skill
Vision
Cognitive Style
Emotional Intelligence
All Together Now:

Assessing Theories of Presidential Power
The role of political skill and persuasion

The role of institutional constraints and opportunities
The role of public appeals and support
The role of strategy
The role of context and political time
The role of personality
Is there common ground?
How do we make sense of all this?
Theory and Practice:
Assessing presidential power today
Questions?
Midterm Review
GOV 1358:
The Legislative Face of Presidential Power
March 4, 2015
One Presidency,
Four Faces of Presidential Power
The Legislative Face

The Executive Face
The Judicial Face
The Rhetorical Face
The Legislative Face of Presidential Power
The Source
The Evolution
The Tools
The Tools of the Legislative Face

Formal (Constitutional)
Inform Congress from time to time on the State of the Union
Recommend necessary and expedient legislation
Sign or veto legislation
Convene Congress when deemed appropriate
VP: Serve as President of the Senate and vote in case of tie
Formal (Statutory)
Give annual report on the state of the economy, according to
the Employment Act of 1946
Propose an unified federal budget, according to the Budget
and Accounting Act of 1921 and the 1974 Budget Act
Produce other reports
The Tools of the Legislative Face

Informal
Agenda setting
Veto threat
Agency control
Implementing legislation
Building coalitions
Exerting political pressure
Dispensing favors
Sources of Conflict between

the President and Congress
Constitutional
Institutional
Organizational
Resources
Constituencies
Time horizon
Expertise and access to information
Partisan: Divided Government
Different duties and responsibilities
Changes in Congress
Fragmentation and decentralization of power and authority

Specialization and independence
Democratization
Openness
Workload
Electoral
Consequences
The Importance of Context

Presidents may be more successful in Congress when:
Partisan forces are favorable

Public opinion is favorable
Economic abundance exists
Wartime and national crises result in rally-around-the-flag
effect
What about the Presidents skills?
The Importance of Timing
Honeymoon effects?
Electoral effects?
Lame-Duck effects?
Cycle of increasing effectiveness and decreasing influence
Presidential coattails?
Measuring the Presidents Influence

in Congress
Presidential Box Scores

Presidential Support Scores
Presidential Success Scores
Other quantitative measures?
Qualitative measures
Looking at the data
Presidential Coattails House of Representatives

100
80
60
Turnover
40
20
0
1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012
-20
-40
Election Year
Presidential Coattails Senate

14
12
10
Turnover
0
1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012
-2
-4
-6
Election Year
Midterm House Elections for President's Party

20
10
0
1934 1938 1942 1946 1950 1954 1958 1962 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014
Turnover
-10
-20
-30
-40
-50
-60
-70
-80
Election Year
Midterm Senate Elections for President's Party

15
10
Turnover
0
1934 1938 1942 1946 1950 1954 1958 1962 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014
-5
-10
-15
Election Year
Presidential Success in the House and Senate
Party Unity in Congress
Questions?
GOV 1358:
The Executive Face of Presidential Power
March 9, 2015
Executive Directives
Regulations
Budgetary Control
Appointments
Administrative Control
The Source
The Evolution
The Tools
What are they?
Types:
Executive Orders
Proclamations
Executive Agreements
Presidential Memoranda
Administrative Orders
National Security Directives
Determinations
Letters
Signing Statements
Others
The Logic of Executive Action

First Mover Advantage
Single Actor
The Logic of Legislative Action
Presidential Directives (1789-2008)
Regulations
The Administrative Procedure Act of 1946 defines rules as the
whole or a part of an agency statement of general or particular
applicability and future effect designed to implement, interpret,
or prescribe law or policy or describing the organization,
procedure, or practice requirements of an agency.
According to President Fords Domestic Council Review Group
on Regulatory Reform, federal regulations are laws or rules
which impose government established standards and significant
economic responsibilities on individuals or organizations outside
the federal establishment.
Regulations
How are they formulated?

The role of the OMB
How do we measure their impact?
Number of Pages in the Federal Register and Number of

Pages of Public Statutes Enacted
Federal Regulatory Spending and Staffing
The Budget
Historical Development and Evolution
The Presidents Budget
The Budget and Accounting Act of 1921

The Congressional Budget and Impoundment Control
Act of 1974
Agenda Setting
Discretionary Spending
A Shared Power
Budgetary Discretion
Budgetary and Spending Priorities

Lump-Sum Appropriations
Emergency and Contingency Funds
Reprogramming of Funds
Transfer of Funds
Commitment of Funds
Covert Financing
Impoundments
Rescissions and Deferrals
The OMB
What it does
The Presidents Budget

Legislative Clearance
Regulatory Analysis
Importance
Politicization
The CBO
The Budget Process: Timetable

Calendar Year Prior to Year in Which Fiscal Year Begins
Spring: OMB issues planning guidance to executive agencies
Spring and Summer: Agencies begin development of budget requests
July: OMB issues annual update to Circular A-11, providing detailed
instructions for submitting data and material for agency budget
requests
September: Agencies submit initial budget requests to OMB
October-November: OMB reviews agency budget requests in relation to
Presidents priorities, program performance, and budget constraints
November-December: President, based on recommendations by OMB
director, makes decisions on agency requests. OMB informs
agencies of decisions, commonly referred to as OMB "passback
December: Agencies may appeal these decisions to the OMB director
and in some cases directly to the President

Calendar Year in Which Fiscal Year Begins
By first Monday in February: President submits budget to Congress
February-September: Congressional phase. Agencies interact with
Congress, justifying and explaining Presidents budget
By July 15: President submits mid-session review to Congress
August 21 (or within 10 days after approval of a spending bill): Agencies
submit apportionment requests to OMB for each budget account
September 10 (or within 30 days after approval of a spending bill): OMB
apportions available funds to agencies by time period, program,
project, or activity
October 1: Fiscal year begins

Calendar Years in Which Fiscal Year Begins and Ends
October-September: Agencies make allotments, obligate funds, conduct

activities, and request supplemental appropriations, if necessary.
President may propose supplemental appropriations and
deferrals or rescissions to Congress
September 30: Fiscal year ends
The Federal Budget
http://www.whitehouse.gov/omb/
http://www.cbo.gov
http://www.gpo.gov/fdsys/
Executive Appointments
Presidential Appointments:
Advice and Consent
Inferior Officer Appointments
Recess Appointments
Goals
Policy: Formulation and Implementation
Politics: Patronage, Symbolic Representation
Context
Competence vs. Loyalty?
Total Number of Federal Government Appointees

and Percentage Appointed
Administrative Procedures
Personnel Management
Politicization and Centralization
Other Institutional Procedures
Administrative Procedures
Do we always know about them?

How do we measure them?
Other Executive Powers:

Executive Clemency
Pardons
Commutations
Remissions of fines
Reprieves
Questions?
GOV 1358:
The Judicial Face of Presidential Power
March 11, 2015
The Judicial Face of Presidential Power
The Source
The Evolution
The Tools
The Tools of the Judicial Face

Direct
Seeking judicial outcomes by directly intervening in court
proceedings
Initiating legal proceedings by filing suit in court

Challenging suits brought against the federal government
Declining to challenge suits brought against the federal government
Filing amicus curiae briefs
Indirect
Seeking judicial outcomes by indirectly affecting court
proceedings
Judicial Appointments and Court-packing (long-term)
Informal court lobbying and coalition building (short-term)
The Importance of Context

Presidents may be more successful in court when:
Partisan/ideological forces are favorable
Public opinion is favorable
Legal precedent is favorable
Policy area is favorable: domestic vs. foreign policy
Congressional support for presidential action is favorable:
Youngstown concurring opinion
Wartime and national crises demand swift presidential action
Others?
The Presidents Judicial Strategy
The logic of the presidents judicial strategy

How is it different from other strategies?
The Presidents Judicial Strategy

What is the role of the Solicitor General and
other presidential representatives before the
court?
How often do they behave as presidential
agents? How independent are they?
How involved is the president and his staff in
setting a judicial strategy?
Evaluating the Presidents Judicial Strategy
How de we know the president is pursuing a judicial strategy?

How does it actually work?
How do we quantify the presidents judicial strategy?
How do we measure the presidents ability to influence
judicial outcomes?
What do we make of the idea of a judicial face of presidential
power?
Strengths
Weaknesses
Questions?
Happy Spring Break!
GOV 1358:
All Together Now:

The Four Faces of Presidential Power
March 25, 2015
The Source
The Evolution
The Tools
Legislative Program
Bill Signings
Legislative
Vetoes (and Veto Threats)
Power
Tie-Breaking Votes (VP)
Special Sessions of
Congress
Regulations
Budgetary Control
Executive
Administrative Control
Power
Others
Judicial
Power
Rhetorical
Power
Active Selective
Enforcement:
Seek Court Action
Passive Selective
Enforcement:
Executive Inaction until
eventual Court Action
Amicus curiae Briefs
Court-Packing:
Judicial Appointments
Others
Rhetorical Policy Appeals

Rhetorical Political
Appeals to promote self or
party
Rhetorical Non-Policy
Appeals to Exert Public
Leadership
The Evidence
Year
1999
1989
1979
1969
1959
1949
1939
1929
1919
1909
1899
1889
1879
1869
1859
1849
1839
1829
1819
1809
1799
1789
Number of Requests to Congress
The President's Legislative Program

1789-2004
400
350
300
250
200
150
100
50
Average Number of Requests per Year
The President's Legislative Program

Harry S Truman George W. Bush
300
250
200
150
100
50
0
Administration
Year
1999
1989
1979
1969
1959
1949
1939
1929
1919
1909
1899
1889
1879
1869
1859
1849
1839
1829
1819
1809
1799
1789
Number of Directives
Presidential Directives
1789-2008
600
500
400
300
200
100
Avreage Number of Directives per Year
Presidential Directives
Harry S Truman George W. Bush
600
500
400
300
200
100
0
Administration
Presidential Rhetorical Activity

Franklin D. Roosevelt George W. Bush

Are there four faces of presidential power?
How do we know the president is using a
given face?
How do we quantify the use of these faces?
How do we measure their effectiveness?

Methodology
Future Research
The Sequential Use of the Four Faces of Presidential Power:

One Alternative
Continue
Act Judicially
Stop
Continue
Act Executively
Stop
Continue
Act
Legislatively
Act NonJudicially
Act
Rhetorically
Continue
Act
Rhetorically
Act Judicially
Stop
Stop
Act NonExecutively
Act NonJudicially
Act
Rhetorically
Continue
Act
Act Judicially
The President
Stop
Continue
Act Executively
Stop
Act NonJudicially
Act
Rhetorically
Continue
Act
Rhetorically
Do Not Act
Act NonLegislatively
Act Judicially
Stop
Act NonExecutvely
Act NonJudicially
Act
Rhetorically
Act
Rhetorically
Act
Rhetorically
A
Suceed
Legislative
A
Fail
A
Suceed
Executive
A
Fail
Act
President
A
Suceed
Judicial
Do Not Act
A
Fail
A
Succeed
Rhetorical
A
Fail
Continue
Act Again
Legislative
Stop
Continue
Act Again
Executive
Stop
Act
The President
Continue
Do Not Act
Act Again
Judicial
Stop
Continue
Rhetorical
Stop
Act Again
Questions?
GOV 1358:
Judging the Limits of Presidential Power:

Domestic Policy Powers
March 30, 2015
Some Important Legal Terms
Brief
Common law
Statutory law
Constitutional law
Stare decisis
Due process
Immunity
Standing
Writ of habeas corpus
Judicial Review
Amicus curiae
Deposition
Ex parte
Grand Jury
Indictment
Injunction
Petitioner
Respondent
Subpoena
Subpoena duces tecum
Opinions of the Court

Opinion of the Court
Plurality Opinion
Concurring Opinion
Dissenting Opinion
Judicial Power
Separation of Powers
Article III of the Constitution
Marbury v. Madison
Myers v. United States (1926)

Background:
The Appointment and Removal Power
The Decision
The Opinion of the Court
Dissenting Opinions
Implications
Humphreys Executor v. United States (1935)

Background:
The Appointment and Removal Power
The Decision
Implications
United States v. Nixon (1974)

Background:
Executive Privilege
The Decision
Implications
INS v. Chadha (1983)

Background:
The Legislative Veto
The Decision
Dissenting Opinion
Implications
Clinton v. City of New York (1998)

Background:
The Line Item Veto
The Decision
Dissenting Opinions
Implications
National Labor Relations Board v.

Noel Canning (2014)
Background:
The Recess Appointments Clause
The Decision
Implications
Questions?
GOV 1358:
Judging the Limits of Presidential Power:

Foreign Policy and Wartime Powers
April 6, 2015
The Prize Cases (1863)

Background:
Wartime and Emergency Powers and the
Civil War
The Decision
Dissenting Opinion
Implications
United States v. Curtiss-Wright

Export Corporation (1936)
Background:
Foreign Policy Powers
The Decision
Implications:
The Sole Organ Doctrine
Korematsu v. United States (1944)

Background:
Internment of Japanese Americans
The Decision
Implications
Youngstown Sheet & Tube Co. v.

Sawyer (1952)
Background:
Seizing of Private Property
The Decision
Jacksons Concurring Opinion
Dissenting Opinion
Implications
Goldwater v. Carter (1979)

Background:
The Power to Break Treaties
The Decision
Implications
Hamdan v. Rumsfeld (2006)

Background:
Wartime Powers
The Decision
Implications
Summary and Conclusions
Legislative delegations of power to the executive and

separation of powers
Executive power in times of crises
Difference in foreign vs. domestic policy powers
Use of history, precedent, and constitutional/legislative
intent
Use of practicality as a legal argument
Avoidance of political questions
Limits or expansions of executive power
Questions?
GOV 1358:
Two Presidencies?
and
April 8, 2015
Dual Role
Head of State
Head of Government
The Two Presidencies Thesis
The Argument
The Evidence
The Presidency and Domestic Policy

The formal powers
The growth of expectations:
The presidents agenda
The players involved
Inside the administration
Outside the administration
The sources of advice

Policy formulation and implementation
The Presidency and Foreign Policy

The formal powers
The growth of expectations:
Crises and national emergencies
The players involved
Inside the administration
Outside the administration
The sources of advice

Policy formulation and implementation
The Presidency and Foreign Policy

The foreign policy dimensions of the office
The extent to which presidents spend time and
energy on foreign policy
Reasons why presidents devote so much
attention to foreign policy
Evaluating the Two Presidencies thesis
The Constitution
The Congress
The Courts
The President
Interest Groups
The Public
International Events
Evaluating the Two Presidencies thesis

Is the evidence persuasive?
Where else do we need to look?
Why should we care?
The Argument
The Evidence
Is the presidency imperial or imperiled?
Questions?

Govt 1358 Slide Summaries

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GOV 1358:

Presidential Power in the United States

Overview and Introduction:

What will we be doing?

How much power

What do we expect of the president?

Does the president

Sources of Presidential Power

Constraints on Presidential Power

The Exercise of Power Today

The Constitutional Origins of

January 28, 2015

The Framers Experience

The Framers Experience

The Framers Experience

The Declaration of Independence

The Declaration of Independence

The Articles of Confederation

Debates over the presidency

Debates and Ambiguities

More debates among the framers

Opposition to the executive

A look at the Constitution

The Vesting Clauses

The executive Power shall be vested in a

The Constitutional Powers of Congress

The Congress shall have Power To lay and

To declare War, grant Letters of Marque

The Constitutional Powers of the President

The President shall be Commander in Chief

The President shall have Power to fill up all

The Ambivalence of Executive Power:

Presidents on Presidential Power

Presidents on Presidential Power

Presidents on Presidential Power

Presidents on Presidential Power

Presidents on Presidential Power

When the President does it,

Presidents on Presidential Power

Growth of Presidential Power

Richard Neustadt and the Study

Does the President

Understanding the Argument

The Limitations of Command

Hell sit here and hell say, Do this! Do

The Essence of the Argument

The power of the President is the power to

Advice to the President

Assessing the Argument

Power as Direct Action

Understanding the Argument

Executive Directives and

The Limitations of Command?

The Essence of the Argument

The Stroke of the Pen

The Stroke of the Pen

The Logic of the Direct Action Model

The Logic of the Bargaining Model

The Stroke of the Pen

Evaluating the Argument

Power as Going Public

February 11, 2015

The Rise of the Rhetorical Presidency

Going Public has replaced bargaining