7th Period
10-17-08

Chapter 12

Constitutional bias of presidential power
-delegates to constitutional convention were wary of unchecked power
-delegates had to balance the need to check the power of the presidency with the need to make powerful enough to provide effective leadership.
-In the end they created an office that gave president the constitutional (article II section one) power to
A) act as administrative head of the nation
B)serve as commander in chief of armed forces
C) convene congress
D) veto legislation ( but congress can override a veto)
E) appoint top officials, though some are subject to the advice and consent of the senate. This includes commissioning officers in the armed forces.
F) make treaties (again with a two thirds approval of the Senate)
G) grant pardons for federal offences only
H) report to congress on the state of the union
I) recieve foreign ambassadors (grant diplomatic recognitions)
The expansion of presidential power:
1)power of the modern presidency comes not only from the explicit powers listed in the constitution but also from the expansion of authority under claims of inherent power.
A) presidents have claimed the power to do certain things and have left it up to congress of the courts to stop them.
B) presidents make use of executive orders. An executive order is a rule or regulation issued by the president that ahs the effect of law. Usually issued to help clarify or implement legislation passed by congress.
2)Congress has also delegated power from the executive branch
-presidents don't have power to impound (simply refuse to spend money) appropriated by Congress. 1974 Budget reform and impoundment act had to spend money given by Congress.
-presidents have asked for the line-item veto (the power to veto only a portion of a bill rather than the entire bill) Congress passed a line item veto during the clinton administration but the supreme court ruled that it was unconstitutional violation of the separation of powers. Most state governments have this power.
-presidents have traditionally claimed the privlege of confidentiality executive privelege on the grounds of the separation of powers. Keeps one branch from inquiring into the internal workings of another branch and because presidents and advisors need the assurance of private discussions to be candid with one another without fear of immediate press and public reaction. Congress didn't question this seriously until 1973 and watergate. In u.s. vs. nixon the supreme court held that there is no absolute unqualified presidential privlege of immunity from judicial process. In 1982 the court decided in nixon vs fitzgerald that presidents can't be sued for damages related to the official decisions made while in office.
3)presidential power is determined in party by the plolitical skills of the independent president
A) In richard neustadts words "presidential power is the power to persuade."
B)presidents must thus choose their issues carefully. THey must calculate when they need to intervene and play their cards and when they need to hold back.
C) though presidents must use their persuasive skills they also have considerable power to simply order actions or policy changes in many areas.
4)presidents are in better position to bargain when their public popularity is high
A)over time pop. usually declines
B)presidents pop. can be strongly affected by economic conditions unanticipated events or crises (such as the Iranian hostage crisis) or American involvement in a war.
C)leading by public opinion polling reflects a presidents desire to be responsive but high public opinion rating don't guarentee bipartisan support in congress or the support of broad interest group coalitions.
The electoral process
1) to win an election a presidential candidate must put together a winning coalition with a minimum of 270 electoral votes.
A) he fashions his appeals to different groups of voters across the country.
B) candidates may prefer to be vague on some controversial issues
2)candidates who win the presidency claim they have been given a mandate by the voters but such mandates tend to be more rhetoric than reality.
3)president's job is complicated when he is elected by less than a majority.
4)even a landslide at the polls of a pop. vote doesn;'t guarentee consistent public support during a president's term because the presidential election is independent of elections of congress often leads to divided government.
A) divided gov. is the situation that occurs when one party controls congress and the other party is president
B) polls show the public often finds divided gov. desirable
5)favorable public opinion can help a president build consensus in the indepent legislative branch
6)president disability the 25th amd. permits the vp to become an acting pres if the vp and the cabinent determine that the pres is disabled. If the Pres. challenges the executive decision congress decides the issue.