Revision: The Powers of the Presidency
Initially the role of president was intended to be more of a head of state rather than a head of government. However, as political parties in today’s sense developed the president became a more political figure, leading and representing the most popular party. Such a turn was consolidated by Lincoln’s rebuke of the case of Southern secession; since this the president has had the political direction of the government in his hands.
Head of State Duties:
• The President represents the USA in relationships/negotiations with foreign countries. (why he has significant powers in terms of foreign policy and treaty making)
• He also unites the country in times of emergency/crisis e.g. FDR WW2, Bush Jr 9/11
• Acts in the national interest, furthering the interests of the whole of American society, regardless of party allegiance. ( which means looking after the interests of certain groups, in addition to society as a whole e.g. ethnic groups)
• Looking after security of the USA – protecting it from internal and external threats (part of his role as commander-in-chief) and is assisted by the agencies such as the FBI and CIA
• He acts as a figurehead, representing the spirit, traditions and culture of the USA
• He attempts to maintain national unity even in the fact of political controversy. (although some presidents become the controversy e.g. Nixon, Bush Jr, Clinton)
Head of Government Duties:
• He promotes his manifesto which was voted for during the election – in this respect he acts much like the UK PM.
• Supports sections of Congress who are seeking policies with which he agrees.
• Attempts to mediate between competing views in Congress, by making his views clear a d hinting at what he is prepared to support.
• Oversees the implementation of legislation which Congress has passed in the correct way to best benefit the USA – much like the UK PM and his cabinet do.
• Veto any legislation he believes isn’t in the USA’s best interests. (Though this is obviously subjective and coincides regularly with stuff he doesn’t like)
1. Propose Legislation
Laid out in article II of the Constitution. He can propose legislation to Congress, usually done in the annual State of the Union address in January. On live TV he addresses a joint session of Congress where he sets out the legislative agenda for the upcoming year. However, he can propose legislation at any time, calling press conferences or at a public event. E.g. Bush’s tax cuts, war on terror.
2. Submit the Annual Budget
Principally the most important piece of legislation, the annual federal budget is devised by the OMB (Office of Management and Budget) part of the president’s bureaucracy, EXOP (Executive Office of the President) The president then submits the budget to Congress. This is followed by a bargaining process, particularly difficult if Congress is controlled by the alternative party.
Also in regards to money; The president works alongside the OMB, proposing such measurs as new/altered taxes. The president also tends to be responsible for broad economic policy, using taxes/spending to stimulate the economy or act as an anti-inflationary measure. This is particularly apparent under Obama's stimulus package.
However, Congress also has substantial power in the budget, budget committees have the power to set levels of spending and the Appropriations Committees have even more power, allocating spending to each piece of legislation. The president and congress have different pressures. The president needs to consider the whole economy, whereas Congressmen need only think of their constituents, usually resulting in a desire for law taxes and high spending. This means compromising is imperative. The president can be specific about allocating funds to departments and projects in certain areas – which can be a bargaining chip to be used in negotiations with Congressmen. However, the Appropriations Committees can alter these plans, a bargaining chip for them.
3. Pardon
He possesses the power of pardon. Though normally reserved for low profile cases, its use has been controversial. E.g. Ford pardoned Nixon over the Watergate scandal. Bush Sr pardoned ex-Defense Secretary Weinberger over the Iran-Contra affair.
4. Nominate Federal Judges
Presidents must fill all federal positions; Supreme Court vacancies, trials and appeals courts. As appointments are for life this is an important power. However, this power is checked by the requirement of a simple majority confirmation vote by the Senate.
This is a rare occurence of a lack of separation of powers.
5. Nominate Executive Officials:
This requires the president to fills hundreds of positions in the executive branch. A newly elected President e.g. Obama, has a myriad of positions to fill. The most important being the 17 heads of the executive departments, which isn’t always an easy job e.g. Obama’s problems of filling the post of Commerce Secretary (Judd fiasco) and developments regarding corruption (Geithner, Richardson, Daschle, Killefer)
Just two weeks into the Obama presidency, a perception was beginning to form of a growing contradiction between the President's high-minded rhetoric on ethics and lobbying and the reality of his choices. Having promised a new era of responsibility and trumpeted tough, new lobbying restrictions for his administration, exceptions were beginning to be the rule
Furthermore, there are lower level officials in these 17 departments, ambassadors (don't usually replace them all, but do replace key ones e.g. Moscow, Bejing, London and Paris - so they act as his personal envoys abroad) agency heads and members of regulatory commissions. Such appointments continue throughout his term.
The principle intelligence service is the CIA, whose head is appointed by the president. Notably George Bush Sr. It became clear that the CIA were carrying out clandestine presidential orders abroad e.g. Chile, Vietnam in the 1970s. Consequently they’re now under intense congressional scrutiny, with a committee which has full access to information.
Once again the appointments are subjected to confirmation via a simple majority vote in the Senate.
6. Act as Chief Executive
Article II vests all executive power in the office of president; he runs the executive branch of the government. Much of the day-to-day running is actually delegated to others. The Executive Office of the President was established to assist the president in co-ordinating the work of the federal government.
7. Negotiate Treaties
This peace-making role has been used recently in such treaties as the Panama Canal Treaty (Carter) and Chemical Weapons Ban (Bush Sr) This power is also subject to the Senate, requiring a 2/3rds majority, sometimes a difficult job. One of the most high profile being Wilson’s failed Versailles job.
However, the president may also sign executive agreements, which are like treaties in that they are arrangements on trade, military co-operation...Etc. However, they aren’t legally binding in the way treaties are, but they don’t require Senate approval either. They have to be reported to Congress, although Congress can’t do anything about them.
8. Commander in Chief
This was particularly important between the 1940s – 1980s. WW2, Berlin, Korea, Cuba and Vietnam have seen presidents playing highly significant roles. Added to this is the death of the Soviet Russia, the demise of the Eastern Bloc and the Gulf War. However, post-Cold war politics saw the role diminished substantially – that is until the events of 9/11. Bush Jr found himself thrust into the role of a wartime president.
Once again Congress has power over the president, although the power is slightly dubious. The Constitution gives Congress the power to declare war, but this power hasn’t been used since 1941. Before the 1973 War Powers Resolution the president could do as he pleased in undeclared conflicts , but since then the president has requested Congress ‘authorise’ his use of troops. However, Congress also retains the ‘power