WTP Lessons 23-24/Chapter 12 Study Guide AP Government and Politics Mr. Tkacs Name_______Adil Mughal________ Terms 1.

divided government a. Government in which a second party controls part or the entire legislature compared to the presidency. Most common occurrence. 2. unified government a. When one party controls the executive and legislative branch at the same time 3. electoral college a. The United States Electoral College is the institution that officially elects the President and Vice President of the United States every four years. The President and Vice President are not elected directly by the voters. Instead, they are elected indirectly by "electors" who are elected by popular vote on a state-by-state basis 4. faithless electors a. In United States presidential elections, a faithless elector is a member of the United States Electoral College who, for whatever reason, does not vote for the presidential or vice presidential candidate for whom he or she had pledged to vote. They may vote for another candidate or not vote at all. Faithless electors are pledged electors and thus different from unpledged electors. Illegal in some states (punishment). Though there have been 157 cases of faithlessness, faithless electors have not changed the outcome of any presidential election to date. Each state can cast one electoral vote for each senator and representative it has. The District of Columbia has three electoral votes, even though it cannot elect a representative or Senator. 5. pyramid structure a. A president's subordinates report to him through a clear chain of command headed by a chief of staff. A pyramid structure provides for an orderly flow of information and decisions, but does so at the risk of isolating or misinforming the president. 6. circular structure a. Several of the president's assistants report directly to him. The circular method has the virtue of giving the president a great deal of information, but at the price of confusion and conflict among cabinet secretaries and assistants. 7. ad hoc structure a. Several subordinates, cabinet officers and committees report directly to the president on different matters. An ad hoc structure allows great flexibility, minimizes bureaucratic inertia, and generates ideas and information from disparate channels, but it risks cutting the president off from the government officials who are ultimately responsible for translating presidential decisions into policy proposals and administrative action. 8. cabinet a. The heads of the fifteen executive branch departments of the federal government. b. The current White House Chief of Staff is Jack (Jacob) Lew, who assumed the position on January 27, 2012, after William M. Daley resigned. 9. Executive Office of the President a. The Executive Office of the President (EOP) consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently Jacob Lew. The size of the White House staff has increased dramatically since 1939, and has grown to include an array of policy experts in various fields.. 10. Office of Management and Budget

a. The Office of Management and Budget (OMB) is a Cabinet office, and is the largest office within the Executive Office of the President of the United States (EOP). The main job of the OMB is to assist the President to prepare the budget.[2] Also the OMB measures the quality of agency programs, policies, and procedures and to see if they comply with the President's policies. The current OMB Acting Director is Jeffrey Zients. 11. National Security Counsel a. The White House National Security Council (NSC) in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the President of the United States. Since its inception under Harry S. Truman, the function of the Council has been to advise and assist the president on national security and foreign policies. The Council also serves as the president's principal arm for coordinating these policies among various government agencies. The U.S. Council has counterparts in the national security councils of many other nations. 12. Council of Economic Advisors a. The Council of Economic Advisers (CEA) is an agency within the Executive Office of the President that advises the President of the United States on economic policy.[1] The CEA provides much of the objective empirical research for the White House and prepares the annual Economic Report of the President. 13. Executive agencies a. The United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United Statesthe Departments of State, War, and the Treasury all having been established within a few weeks of each other in 1789. Federal executive departments are analogous to ministries common in parliamentary or semi-presidential systems but, with the United States being a presidential system, their heads otherwise equivalent to ministers, do not form a government (in a parliamentary sense) nor are they led by a head of government separate from the head of state. The heads of the federal executive departments, known as secretaries of their respective department, form the traditional Cabinet, an executive organ that serves at the disposal of the president and normally act as an advisory body to the presidency 14. Presidential honeymoon a. Generally when a newly elected president takes office the opposing party will not be politically critical of him or her for about 100 days. This is the so-called "honeymoon period". There is no law mandating it; this is just a custom or courtesy that has developed over our history. Within a month or two partisan attacks generally resume and the honeymoon period ends. President John F. Kennedy extended the concept by calling on the Soviet Union to extend him a honeymoon period as a goodwill gesture. One of the shortest honeymoons on record was that of Gerald Ford, whose pardon of his predecessor, Richard M. Nixon, for all Watergate crimes sparked public outrage and led to a 30-point drop in popularity in public opinion polls after his first month in office. 15. veto message a. A veto message is some official order that stops something from occurring that would otherwise happen such as the President's or a governor's right to stop something from being passed into law. An example of a veto message is when Congress signs a bill and the President stops it by vetoing it, so it is either abandoned or has to go back for another vote. 16. Pocket veto a. A bill fails to become law because the president did not sign it within ten days before Congress adjourns. 17. Line-item veto

a. An executive's ability to block a particular procision in a bill passed by the legislature. 18. Clinton v. New York City (1998) a. Clinton v. City of New York is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens. 19. Executive privilege a. The right to keep executive communications confidential, especially if they relate to national security. 20. United States v. Nixon (1973) a. In 1973 the Supreme Court for the first time met the issue directly. A federal special prosecutor dought tape recordings of White House conversations between President Nixon and his advisers as part of his investigation of the Watergate scandal. In the case, the Supreme Cout, by a vote of eight to zero, held that while there may be a sound basis for the claim of executive privilege, especially where sensitive military or diplomatic matters are involved, there is no "absolute unqualified Presidential privilege of immunity from judicial process under all circumstances."

Study Outline Chapter 12: The Presidency I. Presidents and prime ministers A. Characteristics of parliaments 1. Parliamentary system twice as common 2. Chief executive chosen by legislature 3. Cabinet ministers chosen from among members of parliament 4. Prime minister remains in power as long as his or her party or coalition maintains a majority in the legislature B. Differences 1. Presidents are often outsiders; prime ministers are always insiders, chosen by party members in parliament 2. Presidents choose their cabinet from outside Congress; prime ministers choose members of parliament 3. Presidents have no guaranteed majority in the legislature; prime ministers always have a majority. The United States usually has a divided government. 4. Presidents and the legislature often work at cross-purposes a. Even when one party controls both branches b. A consequence of separation of powers c. Only Roosevelt and Johnson had much luck with Congress Divided Government A. Divided versus unified government 1. Fifteen of twenty-two congressional/presidential elections since 1952 produced divided government 2. Americans dislike divided government because it can lead to gridlock. B. Does gridlock matter? 1. But divided government enacts as many important laws as a unified government 2. Reason: Unified government is something of a myth in U.S. C. Is policy gridlock bad? 1. Unclear whether gridlock is always bad; it is a necessary consequence of representative democracy 2. Representative democracy opposite direct democracy The evolution of the presidency A. Delegates feared both anarchy and monarchy 1. Idea of a plural executive 2. Idea of an executive checked by a council B. Concerns of the Founders 1. Fear of military power of president who could overpower states 2. Fear of presidential corruption of Senate 3. Fear of presidential bribery to ensure reelection C. The electoral college 1. Each state to choose own method for selecting electors 2. Electors to meet in own capital to vote for president and vice president 3. If no majority, House would decide D. The president's term of office 1. Precedent of George Washington and two terms 2. Twenty-second Amendment in 1951 limits to two terms 3. Problem of establishing the legitimacy of the office 4. Provision for orderly transfer of power E. The first presidents

II.

III.

IV.

V.

Prominent men helped provide legitimacy Minimal activism of early government contributed to lessening fear of the presidency 3. Appointed people of stature in the community (rule of fitness) 4. Relations with Congress were reserved; few vetoes, no advice F. The Jacksonians 1. Jackson sought to maximize powers of presidency 2. Vigorous use of veto for policy reasons 3. Challenged Congress G. The reemergence of Congress 1. With brief exceptions the next hundred years was a period of congressional ascendancy 2. Intensely divided public opinion 3. Only Lincoln expanded presidential power a. Asserted "implied powers" and power of commander in chief b. Justified by emergency conditions 4. President mostly a negative force to Congress until the New Deal 5. Since the 1930s power has been institutionalized in the presidency 6. Popular conception of the president as the center of government contradicts reality; Congress often policy leader The powers of the president A. Formal powers found in Article II 1. Not a large number of explicit powers 2. Potential for power found in ambiguous clauses of the Constitution, such as power as commander in chief and duty to "take care that laws be faithfully executed" B. Greatest source of power lies in politics and public opinion 1. Increase in broad statutory authority 2. Expectation of presidential leadership from the public The office of the president A. The White House Office 1. Contains the president's closest assistants 2. Three types of organization a. Circular b. Pyramid c. Ad hoc 3. Staff typically worked on the campaign: a few are experts 4. Relative influence of staff depends on how close one's office is to the president's B. The Executive Office of the President 1. Composed of agencies that report directly to the president 2. Appointments must receive Senate confirmation 3. Office of Management and Budget most important a. Assembles the budget b. Develops reorganization plans c. Reviews legislative proposals of agencies C. The cabinet 1. Largely a fiction, not mentioned in Constitution 2. President appoints or controls more members of cabinet than does prime minister 3. Secretaries become preoccupied and defensive about their own departments D. Independent agencies, commissions, and judgeships 1. President appoints members of agencies that have a quasi-independent status 2. Agency heads serve a fixed term and can be removed only "for cause"

1. 2.

VI.

VII.

VIII.

IX.

X.

3. Judges can be removed only by impeachment Who gets appointed A. President knows few appointees personally B. Most appointees have had federal experience 1. "In-and-outers"; alternate federal and private sector jobs 2. No longer have political followings but picked for expertise C. Need to consider important interest groups when making appointments D. Rivalry between department heads and White House staff Presidential character A. Eisenhower: orderly B. Kennedy: improviser C. Johnson: dealmaker D. Nixon: mistrustful E. Ford: genial F. Carter: outsider G. Reagan: communicator H. Bush: hands-on manager I. Clinton: focus on details J. Bush: a different kind of outsider The power to persuade A. Formal opportunities for persuasion B. The three audiences 1. Other politicians and leaders in Washington, D.C.; reputation very important 2. Party activists and officials inside Washington 3. The various publics C. Popularity and influence 1. Presidents try to transform popularity into support in Congress 2. Little effect of presidential coattails 3. Members of Congress believe it is politically risky to challenge a popular president 4. Popularity is unpredictable and influenced by factors beyond the president's control. D. The decline in popularity 1. Popularity highest immediately after an election 2. Declines by midterm after honeymoon period The power to say no A. Veto 1. Veto message 2. Pocket veto (only before end of Congress) 3. Congress rarely overrided vetoes in 1996 B. Executive privilege 1. Confidential communications between president and advisers 2. Justification a. Separation of powers b. Need for candid advice 3. U.S. v.Nixon (1973) rejects claim of absolute executive privilege C. Impoundment of funds 1. Defined: presidential refusal to spend funds appropriated by Congress 2. Countered by Budget Reform Act of 1974 a. Requires president to notify Congress of funds he does not intend to spend b. Congress must agree in forty-five days The president's program

XI.

Putting together a program 1. President can try to have a policy on everything (Carter) 2. President can concentrate on a small number of initiatives (Reagan) 3. Constraints a. Public reaction may be adverse b. Limited time and attention span c. Unexpected crises d. Programs can be changed only marginally 4. Need for president to be selective about what he wants 5. Heavy reliance on opinion polls 6. Impact of dramatic events and prolonged crises B. Attempts to reorganize the executive branch 1. An item on presidential agendas since the administration of Herbert Hoover 2. Bush and the Department of Homeland Defense a. White House Office of Homeland Security created in aftermath of terrorist attack of September 11 1. Small staff 2. Little budgetary authority 3. No ability to enforce decisions b. Bush's call for a reorganization 1. Creation of third largest cabinet department encompassing twentytwo federal agencies 2. 170,000 employees and an annual budget of almost $40 million c. Fate of proposal is pending, but it is neither the first of its kind nor the largest 3. Reasons for reorganizing a. Large number of agencies b. Easier to change policy through reorganization 4. Reorganization outside the White House staff must be by law Presidential transition A. Few presidents serve two terms B. The vice president 1. May succeed on death of president a. Has happened eight times b. John Tyler defined status of ascending vice president: president in title and in powers 2. Rarely are vice presidents elected president a. Unless they first took over for a president who died b. Only five instances otherwise: Adams, Jefferson, Van Buren, Nixon, and Bush 3. "A rather empty job" a. Candidates still pursue it b. Preside over Senate and vote in case of a tie c. Leadership powers in Senate are weak C. Problems of succession 1. What if the president falls ill? Examples: Garfield, Wilson 2. If vice president steps up, who becomes vice president? a. Succession Act (1886): designated secretary of state as next in line b. Amended in 1947 to designate Speaker of the House 3. Twenty-fifth Amendment resolved both issues

A.

a. b.

Allows vice president to serve as "acting president" if president is disabled; decided by president, by vice president and cabinet, or by twothirds vote of Congress Requires vice president who ascends to office on death or resignation of the president to name a vice president 1. Must be confirmed by both houses 2. Examples: Agnew and Nixon resignations

XII.

Impeachment 1. Judges most frequent targets of impeachment 2. Indictment by the House, conviction by the Senate How powerful is the president? A. Both president and Congress are constrained B. Reasons for constraints 1. Complexity of issues 2. Scrutiny of the media 3. Power of interest groups

D.

WTP Lesson 23 What is the Role of the President in the American COnsitutional System? Purpose: The president of the United States is among the most powerful political figures in the world. In the international realm the president speaks for the country and is the symbol of America. At home the president suggests the policy agenda for Congress and is the leader of his or her political party. Americans look to the president for leadership, while at the same time fearing the concentration of political power in the executive branch. This lesson examines sources of presidential power and ways that checks and balances limit presidential power. When you have finished this lesson, you should be able to explain the president's constitutional responsibilities and how the office of president has evolved. You also should be able to identify various constitutional and political checks on the president's power. You should be able to explain fundamental differences between the office of prime minister in a parliamentary system and the American presidency. Finally, you should be able to evaluate, take, and defend positions on issues involving the exercise of presidential power and the relationship between the president and the other branches of government. 1. What are the Presidents Constitutional Responsibilities? a. Listed in Article II. Not limited to these b. Commander in chief - Highest ranked person of the military forces. According to the U.S. Constitution, the president is commander in chief of the nation's armed forces. c. Heading the executive department d. Pardons, reprieves, etc e. Treaties f. Nominating ambassadors, public ministers, consuls, judges of Sup Crt, etc. g. Recommending legislation to Congress h. Reviewing legislation i. Receiving ambassadors and public ministers. j. take care the laws be faithfully executed 2. How Did the Framers Envision the Presidency? a. Official above partisan politics.

b. Publius-fed 68- a person who had earned the esteem and confidence of the entire nation, with a character preeminent for ability and virtue c. No intentions for campaigning, wanted electoral college to decide d. To contrast deliberation of congress, president should have energy e. Hamilton-fed 70-a feeble execution is but another phrase for a bad execution; and a govt ill executed, whatever it may be in theory, must be in practice, a bad govt 3. How Has the Presidency Evolved? a. Washington, Jefferson i. Powerful b. Jackson i. Rise of modern presidency ii. First to use veto power a lot (12, more than all previous combined) 1. 2nd natl bank c. Lincoln i. Asserted unprecedented, unilateral executive power ii. Inherent executive power was his justification d. Roosevelt and Wilson i. Bully pulpit to shape public opinion and frame debates/legislation as he presented them ii. Wilson- unsuccessful attempt to join league of nations e. FDR most influential of 20th century i. Used depression & WWII to consolidate power ii. Direct control of policy process (New Deal) iii. Established American preeminence internationally iv. Public opinion polls v. Fire-side chats f. Others have lived in FDRs shadow i. Reagan-The Great Communicator ii. Kennedy & Clinton personal charisma 4. What is the Presidents Role in Foreign Policy? a. Commanding the armed forces i. Congress only declares war 5 times, everything else was w/o (Korea, Nam, Grenada, Kuwait, list goes on) b. Making treaties i. Must be approved by 2/3 senate vote c. Appointing ambassadors and consuls i. Must be approved by majority senate vote d. Receiving ambassadors and other public ministers i. President is only channel of communication ii. Can be used as policy tool by withholding recognition 5. How do the Presidents Powers Expand in War and Emergency? a. Vastly do things not granted by Constitution/ not approved by congress i. Cleveland 1. Deployed fed troops 1894 to put down Pullman train car strike ii. Roosevelt 1. Gave destroyers to GB in 1940 iii. Truman 1. Ordered operation of steel mills during strike to help Korean war. b. Congress sometimes tries to pull in the reigns i. 1952 Sup Crt said Truman exceeded his powers ^ ii. Congress debated leaving Nam 70s iii. 2006- bushs special military commission were against Geneva Convention

6. How and Why had Presidential Power Expanded Historically? a. 19th century Congress had power b. 20th century word affairs expanded and power shifted to executive i. Roosevelt, Johnson, Nixon, Bush c. 1 chief executives should act vigorously an address problems i. Polls in the 30s 1. Americans want strong activist presidents 2. Americans fear and distrust activist president a. They want checks and branches from other branches d. 2 broad description of executive powers e. 3 role in Congress i. Suggests legislation. Makes agencies and regulations printed in the Federal Register f. 4 - executive orders - Directives issued by the president, including Presidential Directives, National Security Directives, and Homeland Security Presidential Directives. Presidents have issued such orders since 1789. Such orders are open to the public, except for National Security Directives. g. 5 fed govt assumes responsibilities that were once local and individual. (Healthcare, transportation, product safety) 7. How are Presidential Powers Limited? a. 22 amendment 2 term limit b. Congress i. Rejecting the presidents legislative agenda or modifying it in ways that make it unacceptable to the president 1. Rejecting Roosevelts attempt to increase # of justices ii. Asserting constitutional authority 1. 1973 war powers resolution iii. Refusing to ratify treaties 1. 1996 Clinton signed nuclear test ban w/ 137 countries iv. Refusing to confirm presidential nominees to the judiciary or top administrative posts 1. Refuse some of Nixons and Bushs nominees v. Refusing to fund the presidents programs 1. Refusal for emergency funding for Nam vi. Removing the president from office by impeaching, trying, and convicting him c. Senate i. Humphreys Executor vs. US (1935) 1. Congress must approve the presidents decision to remove an official of an independent office ii. US vs. Nixon 1. No automatic immunity iii. Train vs. City of NY 1. President cannot refuse to spend money that congress has appropriated unless congress says so. d. Executive i. Next lesson e. Public i. w/o public support president is less powerful 8. How does the America President Differ from a Prime Minister? a. Parliament i. Majority party appoints PM ii. Majority has most of cabinet

iii. iv. v. vi. b. USA i. ii. iii. iv. v. vi. vii. viii. ix.

PM must have served in Parliament Legislative and executive integrated PM proposals to Parliament guaranteed. If PM loses Parliament, he/she is easily replaced. 3 distinct branches Country chooses Pres No prior experience required Not majority leader Congress does not have to listen to Pres Judicial review Fixed term Presidential power depends on their ability to negotiate and persuade. . Public opinion matters a lot