Chapter Outline

Introduction

Over the course of American history, the president's constitutional powers have been extended in practice beyond the Framers' intention. Though only Congress can declare war, presidents have made war by sending troops into military action. Presidents have power over U.S. diplomacy and have surpassed Congress in functioning as principle architect of foreign policy, using executive agreements as a device to bypass the Senate's formal treaty making authority. Even the president's authority to appoint administrators and to execute laws has exceeded the Framers' vision. The power to execute laws enables presidents to determine how laws will be interpreted and applied. Presidents possess legislative authority not only to use the veto but also to recommend proposals to Congress. The role and power of the president has been strengthened by the features of national election and singular authority.

Foundations of the Modern Presidency

1. The Whig theory of presidential power holds that the presidency is a limited or constrained office whose occupant was confined to the exercise of expressly granted constitutional authority.
2. The stewardship theory of presidential power calls for a strong, assertive presidential role that in the words of Theodore Roosevelt directs the president "to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws."
3. The prerogative theory of presidential power, which is not mentioned in the text, carries the role of the president into more assertive and aggressive areas, often going outside the Constitution and the nation's laws. This theory of "paramount necessity" as defined by Abraham Lincoln and used by Franklin Roosevelt and Richard Nixon pushes the direction of presidential exercise of power into imperial or dictatorial areas, raising legal and ethical questions regarding its use.
4. Expansion of the federal government's policymaking role, the evolution of a large and active government, and the broader national and international responsibilities of the United States require strong leadership from presidents.
5. Because of the president's constitutional authority as chief diplomat and military commander plus the special demands of foreign policy leadership, the president, not Congress, has taken the lead in addressing the United States' increased responsibilities in the world.
6. With increased regulatory and policy responsibilities, public pressure for leadership in the areas of the economy, education, environmental protection and other areas, presidential authority has grown in the domestic area as well.

Choosing the President

1. The process of nominating candidates for president has evolved from an elite-dominated process to one that is based on broader support from the electorate.
2. The campaign for a presidential nomination from one's political party is a lengthy one that is influenced by a few key factors.
   1. A strong showing in the early primary contests creates momentum, which creates further public support, news coverage, and financial backing.
   2. Money has become a critical factor in nominating races and candidates in primary elections are assisted by the Federal Election Campaign Act of 1974 and its subsequent amendments which provide federal matching funds to candidates.
   3. National presidential nominating conventions for each political party formalize the nomination of party candidates for president and vice-president, adopt party platforms and energize party activists to work hard for their party nominees.
3. The Electoral College system requires presidents to be chosen by a vote of electors who are appointed by the states; the candidate who receives a majority of electoral votes is elected president. Each state is entitled to as many electors as it has members of Congress.
4. Campaigns for election depend on pursuit of successful campaign strategies designed to gather the requisite electoral votes to win. Because of the unit rule (winner takes all), populous states with the most electoral votes receive more attention in campaigns.
5. Modern presidential campaigns rely heavily on favorable media coverage, which requires considerable amounts of money for political advertising. Major-party nominees each received about $65 million for the 2000 election from federal funds though soft money donations came to over $450 million, almost double what was spent in 1996.
6. Constitutional qualifications for becoming a president include being at least thirty-five years old, a natural-born U.S. citizen, and a U.S. resident for at least fourteen years. In addition, presidents have usually been white males from upper-middle class or higher backgrounds with protestant religious preferences. Most have previously held high public office.

Staffing the Presidency

1. The Executive Office of the President is the nucleus of the president's command center and includes the National Security Council, White House office, Council of Economic Advisers, and Office of Management and Budget.
2. The Vice-President has no separate constitutional authority and is assigned duties by the president.
3. The White House Office offers the most direct and personal assistance to the president. It consists of the president's personal assistants, including close personal advisers, press agents, legislative and group liaison aides, and special assistants for domestic and international policy. Policy experts in the Executive Office of the President include economists, legal analysts and national security specialists.
4. The president's cabinet members head the fourteen executive departments of the bureaucracy and are important figures in any administration.
5. The president also appoints directors and top deputies of federal agencies, members of federal commissions and heads of regulatory agencies, altogether more than 5,000 executive officials.
6. A vast number of presidential appointees are not under the president's direct supervision and have considerable freedom to act on their own initiative, sometimes not in accord with the wishes of the president and occasionally taking action that embarrasses the president.

Factors in Presidential Leadership

1. The force of circumstance affects the president's ability to lead; in times of crises, presidents can wield enormous influence, while the capacity to lead diminishes during normal circumstances.
2. Newly elected presidents usually enjoy a honeymoon period during which they experience more support and are more likely to submit new policy initiatives. It is easy for presidents to suffer setbacks and lose some of their credibility and public support.
3. Presidents claim to represent a national constituency and are more successful when they are able to get the support of Congress. The veto can be an effective presidential restraint in dealing wth Congress but is no substitute for a good working relationship with Congress. The line-item veto available for presidential use on spending bills can be a weapon to curb congressional pork barrel projects. Presidents are more likely to succeed when they enjoy strong partisan support among their own party members in Congress.
4. Congress has the authority to impeach and remove a president from office. In this process the House decides through hearings if the president should be tried for stated offenses and the Senate actually conducts the trial and votes on the president's guilt and possible removal from office.
5. Ways for Congress to curb presidential power include holding hearings on alleged abuses of power or by passing legislation designed to curb an objectionable practice indulged in by the president.
6. Positive public support as evidenced by high presidential approval ratings in the polls improves a president's ability to exercise leadership and achieve policy goals. Factors that affect public support for the president include national and international events and issues, health of the economy, skillful use of the media, especially television, and an ability to deflect media criticism.
7. The illusion that the president is in charge of the national government is inaccurate and encourages the public to expect too much from a president. Since the president is the sole official who can claim to represent the entire American public, the person holding the office gets too much credit when things go well and too much blame when things go badly.