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Yes, members of the same party still might not agree. No gridlock only occurs when same ideological wing of the same party are in control.

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Can gridlock occur under divided government and unified government?

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-Too much power, could use militia to over power state gov't -Reelection, could use unethical ways to stay in power. Especially if vote is thrown to the house -Treaty powers, the president could become a tool of the senate

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Concerns of the Founders

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-Role in Foreign Affairs -Ability to shape public opinion -Position as head of the executive branch -Claims of inherent powers by virtue of office

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Real Expansion of Powers:

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Electoral College

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The framers answer for selecting a president

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-Seemed unlikely that all citizens would be well-informed enough to make a choice -Direct popular vote would give too much weight to big states therefore it would never be adopted by small states

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Why did they chose the Electoral college?

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-States would select electors however they wanted -Electors meet in state capitals and vote for president -Tie would be sent to the house, where each state would get one vote

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How Electoral College would work:

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-Large states have their say -small states are guaranteed 3 votes -Small states would have a lot of influence in the House, where it was thought most of the elections would be decided (political parties changed this)

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Electoral College made sense because....

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*Two terms establish by George Washington -Not official until 1951: 22nd Amendment #A relationship with Congress had to be established #Public acceptance of legitimacy had to be established #orderly transfer of power had to be respected

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Term of Office

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-Prominent Men active in founding of the country -4 out of 5 served 2 terms (Not Adams) *Washington and Monroe ran unopposed -Relationship was not close back then Vetoes were seldom used: Washington-2 Jefferson and Adams: none

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First Presidents

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when they are dead

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President can appear on currency......

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Eisenhower

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Presidents didn't receive pensions until...

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*The relations between president and Congress *Nature of presidential Leadership -Jackson used veto 12 times -Jackson demonstrated the power of popular president #He created the tensions the Framers wanted

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Jacksonians: Changes began to occur with..

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-100 years after Jackson the presidency is the subordinate branch of national gov't *1837-1904: 9/17 Presidents received less than 1/2 votes -Only Lincoln, Cleveland (Vetoed 114 bills), and Polk displayed power during this time.

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Congress Retakes Power

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*Came as a surprise because..... -He received < 40% of popular vote -Was a former Whig (Whig's wanted to limit presidential power)

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Lincoln's use of Power came as a surprise because...

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Presidential Power under Article 2 are vague. "Take care that the laws be faithfully executed" and being commander in chief contained many "implied and inherent" powers. *Raised an Army *Spent Money *Blockade Ports *Suspended Writ of Habeas Corpus *Issued Emancipation Proclamation #He did this without prior Congressional approval #Justified his actions by emergency conditions

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Where'd Lincoln "Get" his powers from?

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Congress ignored the legislative initiatives of the president. -Presidents were only powerful during a National Crisis or because of strong personality.

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Until the 1930's............

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-Commander in Chief(Military) -Commission Officers (Generals) -Grant reprieves for federal offenses(NOT impeachment) -Call special sessions of Congress -receive ambassadors -Faithfully execute the laws -Wield Executive Powers -Appoint lesser officials (Cabinet members) -Veto Power

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Powers of the President Alone

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-Make treaties -Appoint Judges, ambassadors, and high officials

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Powers Shared with Senate

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-Approve legislation

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Powers shared with Congress

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Politics (Congress) Public Opinion (US) -Public tends to think of the presidency as the "1st branch of government" The public looks to the president of leadership: It used to only be in times of crisis, but it has increased to everyday matters *We hold the president responsible for a large part of our nation's affairs

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Greatest Source of Presidential power:

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Has gone from nothing to a large bureaucracy that is difficult to control *Ability of the staff to effect the President is governed by propinquity

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Office of the President Progression

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In general, power is wielded by people in the room when a decision is made *Means the closer you are to the President(Politically or physically) the more power you will have

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Propinquity

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White House Office Executive Office Cabinet

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3 Degrees of Propinquity in Office of the President

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-president's closest assistants -usually in the west wing of the building -oversee political and policy interests of the president -don't have to be approved by Senate because they are personal staff

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White House Office

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Pyramid Structure Circular Structure Ad Hoc Structure *Most Presidents use a Mix

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3 Ways to organize White House Office

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-Assistants report through a hierarchy - Chief of Staff deals directly with the President *provides orderly flow of information #Risks isolating or misinforming the president

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Pyramid Structure

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-Cabinet secretaries and assistants report directly to the president *Gives the President a lot of information #May cause confusion and conflict between Cabinet members and assistants

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Circular Structure

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-task forces, committees, and informal groups of friends and advisors deal directly with the President *Allows flexibility *Generate Lots of ideas #Risk cutting off the president

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Ad Hoc Structure

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-report directly to the President -NOT located in the White House -Top positions are filled by presidential appointment -Must be confirmed by senate

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Executive Office of the President

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Office of Management and Budget Director of National Intelligence Council of Economic Advisers Office of Personnel management Office of the U.S. Trade Representative

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Agencies of Executive Office

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No

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The Cabinet is mentioned in the Constitution...yes? or no?

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-members are heads of 15 executive departments -Appointed by President and removed by President (At his discretion) -Cabinet doesn't have much influence over the president, but he has a lot of influence over them *Gives president a chance to reward supporters

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The Cabinet

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-Not considered part of cabinet -May have quasi-independent status -Heads serve fixed terms -Can only be removed for a cause

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Independent Agencies and Commissions

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-Independent branch of gov't -President appoints w/ consent of Senate -Judges serve for life -only removed by death, or impeachment and conviction *Limits on removal power are there to preserve independence

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Judgeships

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-Various backgrounds Business owners to congressmen *A president is lucky if most cabinet members agree with him on major policy questions. (Appoint based on expertise/ability more than their politics) -Most will have had some federal experience(Tend to alternate between gov't and private sector jobs "In and outers")

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Who gets appointed?

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Staff consider themselves extensions of the president Cabinet members consider themselves "experts"

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Tensions develop between cabinet members and white house staff because....

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-Every President has distinct character -Reflected in how the White House is run *Public judges president on accomplishments and perception of his character

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Presidential Character

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Presidents need to rely on persuasion if they want to accomplish much

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Power to Persuade

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-President and VP are the only officials elected by entire nation -President can use his constitutional powers to enlarge his powers

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Constitution gives President these 2 advantages....

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Politicians and Leaders in Washington Party Activists and officeholders outside Washington The Public

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Presidents Persuasive Powers are aimed at 3 audiences

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They are responsible for developing and recommending United States trade policy to the president of the United States

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Office of the U.S. Trade Representative

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Manages civil service of the federal government

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Office of Personnel management

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Three economists who advise the president on macroeconomic matters. The council consists of a chairman and two other members, all of whom are appointed by the president and approved by the Senate.

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Council of Economic Advisers

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This position was required by the Intelligence Reform and Terrorism Prevention Act of 2004. Advisor to the President about intelligence issues related to National Security. The director serves as head of the U.S. Intelligence Community and directs and oversees the National Intelligence Program.

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Director of National Intelligence

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-They are in charge of assembling and analyzing the numbers that go into the National budget. -They study the organization and operations of executive branch. -Review proposals that cabinet members want included in president's legislative programs.

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Office of Management and Budget

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How they perceive the president can affect how much power a president is perceived to have

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Politicians and Leaders in Washington

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Want the president to exemplify their principles and help them get re-elected

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Party Activists and Officeholders outside Washington

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-Public has lots of different views and interests -Everything President says/does will be scrutinized -Very risky to say anything informally *Instead they make informal speeches -Use "Bully Pulpit":Use prestige of presidency to guide the people

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The Public

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President must convert personal popularity into congressional support of his legislative programs

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Popularity and influence

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higher proportion of his bills will pass congress **High bill passage doesn't equal a successful presidency

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For the most part, the more popular a president, the .....

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-Declines between inauguration and the time they leave office -Original popularity is known as "Honeymoon Period" -Popularity tends to decline by mid-term elections (2yrs.)

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Decline in Popularity

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*Veto *Executive Privilege (To withhold information) *Impounding Funds (Not supposed to do anymore)

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3 Ways for President to say "NO"

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veto message: -Sen to to Congress within 10 days after a bill is passed *states presidents reasons for not signing the bill #Congress can override with 2/3 pocket veto: -If bill isn't signed within 10 days and congress is out of session, bill doesn't become a law and Congress can't override *If a bill is not signed or vetoed within 10 days it becomes a law

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THE VETO

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Constitution doesn't say anything about the president having to share private conversations between himself and his advisors

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Executive Priviledge

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1. Separation of Powers: One branch of gov't doesn't have the right to dig into other branch's business *Other branch must be headed by constitutionally named officers 2. If the president didn't have the right, no one would talk to the president

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President can claim confidentiality for 2 reasons:

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=president's refusal to spend $ appropriated by Congress *Budget reform Act of 1974 says President MUST spend appropriated Funds

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Impoundment of Funds

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*Expresses President's attitude about law *Tells executive branch how to implement law *Declares that the President thinks part of the law is unconstitutional

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Signing Statements: Statements issued after President signs a bill

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1) Have Policy on everything 2) Choose 3 or 4 and leave everything else to subordinates

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2 Ways to develop a Program

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*Adverse (Bad reaction) from Public *Not enough time (Presidents work 90+ hrs) *Unexpected crisis -Federal budgets and programs can't be changed that much

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Constraints on Developing a program

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1/3

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What fraction of presidents are elected to a second term

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-8 have become president after the death of their predecessor -Only 5 VPs have been elected President directly after serving as VP

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VP

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Preside over Senate and vote in case of a tie

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Only official duty of VP

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(1967) Deals with Presidential Succession and Disability

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25th Amendment

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Charges brought against gov't official approved by majority of house

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Impeachment

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2/3

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It takes what percentage of Senate for conviction

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Chief Justice of Supreme Court

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Who is the judge in impeachment trial

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16 have been impeached 7 convicted 2 Presidents impeached (never convicted)

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Impeachment Stats

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Difficult to determine what constitutes as a high crime or misdemeanor

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Impeachment and Conviction is rare because....

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(Line-item veto: the power of a president, governor, or other elected executive to reject individual provisions of a bill) The Constitution says that the president does not have the power to "amend unilaterally or repeal legislation passed by Congress." Basically the President can't pick and choose what parts of a bill he wants to approve, like a governor can.

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Why is the line-item veto unconstitutional

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they are used more commonly than treaties, but they serve the same purpose. *Way around getting Congressional approval

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Why are executive agreements important to the power of the president

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It is important because it limits the President's military power. It requires the President to notify Congress within 48 hours of activating troops. Once the troops are on the ground they can only stay for 60 days (30 extra for removal) unless Congress approves the military action or a formal declaration of war is approved by Congress.

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Why is the War Powers Act an important piece of legislation

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A candidate must be at least 35 years old, a natural-born U.S. citizen, and have at least 14 years of residence in the United States.

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Qualifications

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