Chapter

12The President: Leading the Nation Foundations of the

modern presidency
- The framers of the Constitution describes the powers of the president
in general terms
Compared with Article I of the Constitution, which contains a precise
listing of Congresss powers, Article II defines the presidents powers in
general terms
In Federalists No. 69, Alexander Hamilton wrote that a surprise attack
on the US was the only justification for war by presidential action
Empowers the president to act as diplomatic leader with the authority
to appoint ambassadors and to negotiate treaties with other
countries, subject to approval by a two-thirds vote of the Senate
President gradually took charge of US foreign policy and have even
acquired the power to make treaty-like arrangements with other
nations

 The Constitution also vests executive power in the president

This power includes the responsibility to execute the laws faithfully
and to appoint major administrators
They have also found their administrative authoritythe power to
execute lawsto be significant, because it enables them to decide
ho laws will be implemented
The Constitution provides the president with legislative authority,
including use of the veto and the ability to propose legislation to
Congress
Modern presidents have assumed a more action legislative role
They regularly submit proposals to Congress and do not hesitate to
veto legislation they dislike
The changing Conception of the Presidency
The president is a more powerful office than the framers envisioned
The first president to forcefully assert a broad claim to national
policy leadership was Andrew Jackson

 In fact, throughout most of the th

19 century, Congress jealously
guarded its constitutional
Upon taking office in 1901, Theodore Roosevelt embraced what he
called the stewardship theory, which calls for a strong presidency
that is limited, not only by what the Constitution allows, but by
what it prohibits
The stewardship theory holds that presidents are free to act as they
choose, as long as they do not take actions denied them by law
Roosevelt challenged the power of business monopolies
Theodore Roosevelts conception of a strong presidency was not
shared by most of his immediate successors

Franklin D. Roosevelt (a distant cousin of Theodore Roosevelt)s

policies such as the New Deal included unprecedented public

works projects, social welfare programs, and economic regulatory
actions

The New Deal effectively marked the end of the limited (Whig)
presidency

The Need for a Strong Presidency

Today the presidency is an inherently strong office, made so by the
federal governments increased policy responsibilities
Congress is simply not structured in a way that would enable it to
easily and regularly oversee government activity and develop
comprehensive approaches to policy
The president is structured in a way that enables it to do so
The presidency has also been strengthened by the expanded scope of
foreign policy
The US emerged from WWII as a global superpower, a giant in world
trade, and the recognized leader of the noncommunist worlda
development that had a one-sided effect on Americas institutions

The president, as the sole head of the executive branch, can act
quickly and speak authoritatively for the nation as a whole in its
relations with other nations
Choosing the President
The US in its history has had four systems of presidential selection,
each more democratic than the previous one in the sense that it
gave ordinary citizens a larger role in the presidents election
The delegates to the constitutional convention of 1787 feared that
popular election of the president would make the office too
powerful and accordingly devised an electoral vote system

 The president was to be chosen by electors picked by state, with each

state entitled to one elector for each of its members of Congress
This system was modified after the election in 1828 of Andrew Jackson,
who believed that the peoples will had been denied four years
earlier when he got most the most popular votes but failed to
receive an electoral majority
The candidate who wins a states popular vote is awarded its electoral
votes
Thus the popular vote for the candidates directly affects their electoral
vote, and once candidate is likely to win both forms of the
presidential vote
Jackson saw the national conventionwhere each state is represented
by delegates who select the party nomineeas a means of
strengthening the link between the presidency and the people
All presidential nominees have been formally chose at national party
conventions
Progressives devised the primary election as a means of curbing the
power of the party bosses
State party leaders had taken control of the nominating process by
handpicking their states convention delegates
The progressives sought to give voters the power to select the
delegates indirect primary, because the voters are not choosing
the nominees directly but rather are
choosing delegates who in turn select the nominees
The progressives were unable to persuade most states to adopt
presidential primaries

 That arrangement held until 1968 when Democratic Party leaders

ignored the strength of anti-Vietnam War sentiment in the
primaries and nominated Vice President Hubert Humphrey, who
had not entered a single primary and was closely identified with
the Johnson administrations Vietnam policy
The new rules gave the partys voters more control by requiring states
to select their delegates through either primary elections or open
party caucuses
The nominating Campaign: Primaries and Caucuses
The year before the first contest in Iowa is a critical period, one
that has been called the invisible primary
Although no votes are cast in this period, it is the time when
candidates demonstrate through their fundraising
ability, poll standing, and debate performance that they
are serious contenders for the nomination
In almost every nominating race of the past three decades, the
winner has been the candidate who, before a single vote
was cast, had raised the most money or ranked first in
the opinion poll
Once the state caucuses and primaries get under the way, a key
to success is momentuma strong showing in the early
contests that contributes to voter support in subsequent
ones
The get more attention from the press, more money from
contributors, and more consideration by the voters
Its not surprising that presidential contenders strive to do well
in the early contests, particularly the first caucus in

Iowa and the first primary in New Hampshire

Money is a crucial factor in presidential nominating races

Although primary-election candidates have increasingly declined

federal funding, they are eligible for it if they meet
the eligibility criteria
Under the Federal Election Campaign Act of 1974, the
government matches the first 250 of each private
donation received by a primary election candidate if
the candidate raises at least 5000 in individual
contributions of up to 250 in at least twenty states
The provision is designed to restrict matching funds to
candidates who can demonstrate that they have a
reasonable level of public support
Any candidate who receives matching funds must agree to limit
expenditures for the nominating phase to a set
amount both overall and in individual state
The limits are adjusted upward each election year to account for
inflation
This development would defeat the purpose of the public funding
system, which is to free the nominees from the
obligation that come from taking money from
wealthy individuals and groups
The National Party Conventions
Despite the lack of suspense, the convention remains a major
event
It brings together the delegates elected in the state caucuses and
primaries

 It also serves as a time for the party to heal any divisions created
by the nominating race and to persuade the party
faithful to rally behind its presidential candidate
The conventions are a point in the campaign when large
numbers of voters settle on their choice of a candidate, usually the
one nominated by their preferred party

The parties choose their vice-presidential nominees

The General Election Campaign

The major-party presidential nominees have a reservoir of votes

A third-party candidate can create problems for a major party by

drawing votes away from its nominee

Election Strategy

The candidates strategies in the general election are shaped by

several considerations, none more so than the Electoral
College
The importance of electoral votes is magnified by the unit rule all
states expect Maine and Nebraska grant all their electoral
votes as a unit to the candidate who wins the states popular
vote
For this reason, candidates are concerned with winning the most
populous states
Because of the unit rule, candidates have no incentive to campaign in a
lopsidedly Republican or Democratic state because its
electoral votes are not in doubt
As a result, the fall campaign becomes a fight to win the toss-up states

Media and Money

 Candidates rely on the media, particularly the Internet and television

The Internet is used mostly for fundraising and organizing
Television is used mostly as a way to persuade undecided voters
The Republican and Democratic nominees are eligible for federal
funding of their general election campaigns even if they do
not accept it during the primaries

The Winners

The Constitution specifies that the president must be at least 35 years

old, be a natural-born US citizen, and have been a US
resident for at least 14 years
Except for four army generals, all presidents to date have served
previously as vice presidents, members of Congress, state
governors, or top executives
Staffing the Presidency
Roughly a thousand of these appointments require Senate approval and,
reflecting the increased level of party polarization in Washington,
the confirmation process has grown more contentious
Senators of the opposing party have sought to slow down and block the
appointment of individuals they see as having unacceptable policy
views
Senate Republicans then proceeded to block his appointment, forcing
Obama to use a recess appointment to play Corday in the position
(The Constitution permits the president to fill executive
openingswith Senate approval after the Senateconcludes its
business at the end of the year. These recess appointments expire
at the end of the subsequent Senate session)
The Vice President

 The Vice president holds a separate elective office from

the president but, in practice, is part of the presidential
team
Because the Constitution assigns no executive authority to the
office, the vice presidents duties within the

administration are determined by the president

The Executive Office of the President (EOP)
The key staff organization is the Executive Office of the
President (EOP), created by Congress in 1939 to provide
the president with the staff necessary to coordinate the
activities of the executive branch
Of the EOPs organizational units, the White House Office (WHO)
serves the president most directly
The WHO includes the Communication Office, the Office of the
Press Secretary, the Office of the Counsel to the
President, and the Office of Legislative Affairs
They tend to be skilled at developing political strategy and
communicating with the public, the media, and other
officials
They are among the most powerful individuals in Washington
because of their closeness to the president

Cabinet and Agency Appointees

The heads of the fifteen executives departments, such as the
Department of Defense and the Department of
Agriculture, constitute the presidents cabinet
They are appointed by the president, subject to confirmation by

the Senate
As issues have increased in complexity, presidents have relied
more heavily on presidential advisors and individual
cabinet members rather than on the cabinet as a whole

The president selects them for their prominence in politics,

business, government, or the professions
The president appoints the heads and top deputies of federal
agencies and commissions, as well as the nearly two
hundred ambassadors
They are more than 2000 full-time presidential appointees, a
much larger number than are appointed by the chief
executive of any other democracy

The problem of control

Although the presidents appointees are a major asset, their
large number poses a control problem for the president

The presidents problem is most severe in the case of appointees

who work in the departments and agencies
Their offices are located outside the White House, and their
loyalty is sometimes split between a desire to promote
the presidents goals and an interest in promoting
themselves or the agencies they lead
Lower-level appointees within the departments and agencies
pose a different type of problem

 The president rarely, if ever, sees them, and many of them are
political novices

Factors in Presidential Leadership

All presidents are expected to provide national leadership, but not all
presidents are equally adept at it
Strong presidents have usually had a strategic vision of where they want
to lead the country, as well as a clear sense of how their ideas
intersect with Americans
aspirations
As a result, they have been able to communicate their goals in a way
that generates public support and confidence
Although effective leadership is a key to presidential success, it is only
one component
The president operates within a system of separate institutions that
share power
Significant presidential action typically depends on the approval of
Congress, the cooperation of the bureaucracy, and sometimes the
acceptance of the judiciary
The Force of Circumstance
A decisive election victory that gave added force to the
presidents leadership, a compelling national problem
that convinced Congress and the public that bold
presidential action was needed, and a president who was
mindful of what was expected and championed policies
consistent with expectations
The problem with most presidents is that they serve at a time

when conditions are not conducive to ambitious goals

The Stage of the Presidents Term
If conditions conducive to great accomplishments occur
irregularly, it is nonetheless the case that nearly every
president has favorable moments
Most newly elected presidents enjoy a honeymoon period
during which Congress, the press, and the public
anticipate initiatives from the Oval Office and are more
predisposed than usual to support them
Later in their terms, presidents may have run out of good ideas
or depleted their political resources; meanwhile, the
momentum of their election is gone, and the sources of
opposition have emerged
Presidents are often most powerful when they are least
experiencesduring their first months of office
These months can be time of risk as well as times of opportunity

The Nature of the Issue: Foreign or Domestic

In the 1960s, political scientists Aaron Wildavsky wrote that the
nation has only one president but two presidencies: one
domestic and one foreign
Wildavsky was referring to Congresss greater deference to
presidential leadership on foreign policy than on
domestic policy
Presidents still have an edge when the issue is foreign policy,

because they have more authority to act on their own

and are more likely to have congressional support
In some cases, presidents can literally dictate the direction of
foreign policy
Presidents also acquire leverage in foreign and defense policy
because of their special relationship with the defense,
diplomatic, and intelligence agencies
The defense, diplomatic, and intelligence agencies are a
different matter, their missions closely parallel the
presidents constitutional authority as commander in
chief and chief diplomat
A presidents domestic policy initiatives usually encounter
stiffer opposition than their foreign policy efforts
Attempts at significant action ins the domestic policy realm
invariable activate contending forces

Relations with Congress

Although the power of the presidency is not nearly as
substantial as some Americans assume, the presidents
ability to set the national agenda is unrivaled
Seeking cooperation from Congress

As the center of national attention, presidents can start to believe that

their ideas should prevail over those of Congress

This reasoning invariably gets the president into trouble

To get the help of members of Congress, the president must respond

to their interests

The most basic fact about presidentical leadership is that it takes

place in the context of a system of divided powers

Although the presidents gets most of the attention, Congress has

lawmaking authority, and presidents need its cooperation to
achieve their legislative goals

Even the presidents most direct legislative tool, the veto, has limits

Congress can seldom muster the two-thirds majority in each

chamber required to override a presidential veto, so the threat of
a veto can make Congress bend to the presidents demands

Yet, as the presidential scholar argued, the veto is as much a sign of

presidential weakness as it is a sign of strength, because it arises
when Congress refuses to accept the presidents ideas

Congress is a constituency that all presidents must serve if they

expect to have its support

Neustadt concluded that presidential power, at base, is the power

to persuade

Like any singular notion of presidential power, Neustadts has

limitations

Presidents at times have the power to command and to threaten,

they can also appeal directly to the American people as a means of
pressuring Congress, but Congress can never be taken for granted

Benefiting from Partisan Support in Congress

For most presidents, the next best thing to being Congress,
too is to have a Congress filled with members of their own
party
The sources of division within Congress are many
To obtain majority support in Congress, the presidents must

find ways to overcome the divisions

No source of unity is more important to presidential success
than partisanship
Presidents are more likely to succeed when their own party
controls Congress
Few recent policy issues illustrate the importance of partisan
support more than does President Obamas ability, and then
his inability, to convince Congress to enact spending
legislation aimed at stimulating the economy
Colliding with Congress
On rare occasions, presidents have pursued their goals so
zealously that Congress has taken steps to curb their use of
power
Congress ultimate sanction is its constitutional authority to
impeach and remove the president from office
The House of Representatives decides by majority vote
whether the president should be impeached, and the Senate
conducts the trial and then votes on the presidents case, with
a two-thirds vote required for removal from office
The gravity of impeachment action makes it an unsuitable
basis for curbing presidential action expect in rare instances
More often, Congress has responded legislatively to what it
sees as unwarranted assertions of executive power

Congresss most ambitious effort to curb presidential power is the

War Powers Act

During the Vietnam War, Presidents Johnson and Nixon misled

Congress, supplying it with intelligence estimates that painted a
falsely optimistic picture of the military situation

Believing the war was being won, Congress regularly voted to

provide the money to keep it going

However, congressional support changed abruptly in 1971 with

publican in the New York Times of classified documents that
revealed the Vietnam situation to be more perilous than Johnson
and Nixon claimed

In an effort to prevent future presidential wars, Congress in 1973

passed the War Powers Act

The Act does not prohibit the president from sending troops into
combat, but it does require the president to consult with Congress
whenever feasible before doing so and requires the president to
inform Congress within 48 hours of the reason for the military
action

The War Powers Act also requires hostilities to end within 60 days
unless Congress extends the period

The act gives the president an additional 30 days to withdraw the

troops from hostile territory, although Congress can shorten the 30
day period

Presidents have claimed that the War Powers Act infringes on their
constitutional power as commander in chief, but the Supreme
Court has not ruled on the issue, leaving open the question of
whether it constrains the presidents war-making powers

Public Support
Presidential power rests in part on a claim to national leadership, and
the strength of that claim is roughly proportional to the
presidents public support
Presidential approval ratings are predictably high at the start of the
presidents time in office
With public backing, the presidents leadership cannot be dismissed

easily by other Washington officials

When the presidents public support sinks, however, officials are less
inclined to accept that leadership
Events and Issues
Public support for the president is conditioned by
developments at home and abroad
International crises tend to produce a patriotic rally round
the flag reaction that builds support for the president
Virtually every foreign policy crisis of the pat four decades has
followed this pattern
Economic conditions play a large part in the presidents public
support
Economic downturns invariable reduce public confidence in
the president
The Televised Presidency
An advantage that presidents have in their efforts to nurture
public support is their access to the media, particularly
television
Only the president can expect the networks to provide free
airtime to address the nation, and in terms of the amount of
news coverage, the president receives twice as much news
coverage as Congress
The Illusion of Presidential Government
Presidents have no choice but to try to counter negative press
portrayals by putting
their own spin on developments

 Such efforts can carry a president only so far, however

No president can fully control his communicated image, and national
conditions ultimately have the largest impact on a presidents
public support
No amount of public relations can disguise adverse developments at
home or abroad
Indeed, presidents run rusk building up their images through public
relations
Because the publics expectations are high, presidents get too much
credit when things go well and too much blame with things go
badly R