Presidential Power Final

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Operations is Policy: Source: Carlos three Faces of Presidential Power.
One of the ways in which presidents can achieve policy objectives "by using the discretion permitted in the implementation of existing laws rather than advancing these policy aims through new legislation." In many areas, "operations is policy". The attempt to achieve administratively what a President cannot do legislatively.
Weak remains the word with which to start: Source: Neustadt
The President is a Clerk. The Con Convention created a gov of separate institutions sharing powers. To share is to limit. The President is weak and is unable to make sig change without Congress. The President must rely on a combination of personal persuasion, prof rep, and public prestige to get things done
When the President does it, that means it is not illegal: Controversial statement used by Nixon to justify his use of illegal tactics in the Watergate Break-in. Nixon knew it was illegal but thought he was exercising executive prerogative. This is an example of the subjective nature of implied or informal powers
Active-negative: James Barber, the Psychological Presidency
Activity levels are the energy brought to the job. Describes a person who works hard but does not gain much pleasure from it. Tends to be intense, compulsive, and aggressive. Pursues public actions in a self interested manner. Such a person generally feels insecure and uses his potiion to overcome feelings of inadequacy and even impotency. Adams, Wilson, Johnson, Nixon
Active-positive: James Barber, the Psychological presidency
This type is an energetic president who enjoys his work and tends to be productive and capable of adapting. Generaly confidant and good about himself. fdr, jefferson, kennedy, clinton. Barber argues that personality and performance are linked. Critiques by Nelson are that Barber does not base his theory upon established psych theories. Never met presidents either.
Agenda setting: The president has many tools to hlep him set the national Agenda. EDWARDS- talks about the ability to frame issues and prime the public (which is to say, setting the national agenda through the exercise of rhetorical power). Can set agenda through leg. through unilateral (Howell).
Appointment power: Aberbach and Rockman; David Lewis
Article II gives the president the power to appoint. and the power to appoint lesser officials. chosen based on will. A & R moderna presedents constrained by party desire, competence, diversity. May not ensure quality govenrance. Use the power to contol agencies, gain political capital. major tool in the consolidation of executive branch
Boumediene v. Bush: DEalt with suspension of habeas corpus at Gitmo via Mil Com Act 2006. Ruled 5-4 it was unconstitutional and that Boum has rights. Kennedy said we had sov over Gitmo
Budget and Accounting Act: 1921
President must submit annual budget. Created Bur of Bud now OmB to review funding requests and assist in formulating budgets.BAA increased PP
Budgetary Authority: responsibility delegated by Congress that empower agencies to spend funds. can specify criteria. appropriations, authrity to borrow, contract authrotiy, and authroity to obligate and expend offsetting receipts and collections. can make definite or indef. Permanent authroity requires no current action by Congress. Exec imp Cong app
Bully Pulpit: A bully pulpit is a public office or other position of authority provides the pres to speak out and belistend to.
Bring things to frefront. cointed by tr. Rhetorical face.
Chief legislator: One of the six major roles of the President of the United States is Chief Legislator. As such the President gives info via Stat of Union, to recommend. He also signs or vetos.
Frame issue. Frame debate
Clinton v. New York: Supreme Court ruled that line item veto granted in Line Item Veto Act of 96 violated the Presentment clause because it gave the President power to amend or repeal parts of statutes that had been passed by Congress. decision delivered by Stevens. Restriction
Congressional Budget Act and Impoundment Control Act of 1974: The act passed by Congress in 1974 was discussed by Rudalevige. In response to Johnson and Nixon. reinveted the leg budget process- prohbited. Deferrals and Recissions. created new budget comm, deadlines, and CBO check against OMB. Taken during resurgence regime.
Critical Period: discussed in Yoo and Pfiffner
history- a of c failed with no executive. States began to experiement with executive. Yoo sees this as proof pres is strong. Pfiffner argues to the contrary that the framers wanted president to be weak.
expediency vs. limitation
Energy in the Executive: Alexander Hamilton in Federalist 70. Energy is synonomous to good government Four ingredients: unity, duration, adequate provision for support, competent powers. Yoo agrees. Carlos balances with accountability. Examples of energy
Enhanced interrogation techniques: The term Bush used to define torture in Gitmo. August 1, 2002 Memorandum to Alberto Gonzales to the President, Bybee states the administrations thoughts on torture in the Geneva Conventions.Said 1extreme acts 2selective penalties 3techniques arent intenst 4prosecutions would be unconstitutional 5 necessity or self defense may justify interrogation methods
Executive agreements: Carlos
Inofrmal treatines. 150- 350 from Truman to Bush
Executive Directives: tools in exec. orders, proclamations, agreements, memoranda, administrative orders, national security directives, determinations, letters, sigining statements, others.
transfer of power
command to administration or others. implementation of law or policy
Executive immunity: Nixon
Cocnceptions of executiv epower
limits on executive power
how should it be checked
Executive privilege: The power claimed to resist and ignore subpoenas. traced to secrecy- machiavelli and mansifeld. tnesion between checks and prerogative
First-mover advantage: Carlos
if president acts first he will most likely get his way
acts and sends policy far right/ Congress will try and correct, but will have trouble shifting back, if they reverse he will veto
Going public: Kernell
Goldwater v. Carter: challenged the right of Carter to nullify Sino-American Mutual Defense Treaty. Renhnquist said political, Powell said pass law. either way president can nullify treaties
Habeas Corpus: writ or legal action through which a person can seek relief from unlawful detention, or the relief of another person.
Hamdan v. Rumsfel: limited presidential power. no military commissions
Humphreys Executor v. United States: decided that the president did not have the powers to remeove certain executive officials of a quasi legislative quasi judicial ad body created yby congress for purely political reasons and without Cong consent.
INS v Chadha: legislative veto on implementation
Supreme court said unconstittuional
Impoundment: the rfusal of president to use funds
curtailed by Cong Budet and Impoundment Control Act of 1974
discussd in Neustadt
line item veto
Individualized pluralism: Kernell
transitioned from institutionalized to individualized pluralism.
Persuading no longer feasible because everyones minds made up
small number of fixed groups with major players (institutionalized pluralism)
indi p makes it so that everyone has opinon
this makes going public more attractive
the change because of reduction of party loyalty, the rise of poli entrepreneurs, increase in interest groups
inherent vs. implied powers: article 2 vs. vesting cluause
checks are youngstown
institutional pluralism: old way s of Washington. Parites were more institutionalized. votes went along lines
Iran-Congra: Senior US figrues tried to facilitate the sale of arms to Iran (though it was subject to embargo) portion of the proceeds were to fund Nicaraguan contras. the sale would secure release of hostages in Lebanaon. Reagan immediately appointed the Tower Commission. Reagan found innocent, others guilty. All those people were pardoned at end of Bush 41 presidency.
Korematsu v US: interned Japanese. Court argued that need to protect against espionage outweighed individidaul rights. strength. Murphy dissent because of race. Jackson says court shouldnt rule on military stuff
Legislative veto: power to reject actions of president. Court rules that it is unconstitutional. Arose in US primarily over actions relating to reorganizing agencies, tariff rates, and disposal of federal property. INcreased to regulations by executive. Court ruled it dead because it violated bicameralism and presentment clause
Line-item veto: abilit to nullify or cancel specific provisions of a bill. supreme court struck it down in 98. Bush asked for another
Majority vs. Plurality: 50 vs. most
Myers v US: decision ruling that the president has the exclusinve power to remove executive branch officials and does not need Senate approval.
national security dricetives: presidential directives or decision directives are a form of an executive order isseud by prez with advnice and consent of national security council.
The Office of Managmenet and Budget (OMB): Cabinet level office. evalutates the effectiveness of agency programs, policies, and procedures. ovversees admiistration. role is to improve admin managemtn
Orthodox innovation: Skowroneck
Bush
Paradox of presisential failure: icreasing resources but waning performance. article deals with failed presidential decision making and failure of interbranch collaborative decision making.
failures of authroity and failures of legitmaacy
paradox of modern presidency- greater resources, more powers. but hard falling
passive negative: barber
character worldview style influential in how he exercises power. abhor public office. withdrawn.
passive positive: receptive laid back who wants agreement and no disssent
Path-dependence: history and institutions. highly determined/ critical juncture
poltical time: skowronek
cycle
empahsized context and history
poltics of articulation: era of time following reconstruction
politics of disjunction: regime losers. regime is dead.spend time gaiingin support/
politics of preemption: outgoing regime still valid, but incoming guy is in oppoisiotn
politics of reconstruction: reagan order shattering effects
presidential box score: indicates the percentage of presidential proposals approved by Congress. The best and most used measure of success. Also not based exclusively on decisions made in roll call votes. One problem is reliabilty; dtermining what to count as a request
presidential memoranda: a type of order . less prestigious than executive orders. There are three types of memorandum: presidential determination or presidential finding, memorandum or disapprova, and hortatory memorandum
presidential success score: scores based upon surveys of popular opinion and historians
presidential support score: refers to a presidential support rating frmo Congress based on the prez pliciy initiatives and stances. Fluctuates on party control and
proclamations: issue law recognize an event or trigger legal implemenation of a specific law.
professional reputation: reputation amongst lawmakers
public prestige: public support
quasi-judicial and quasi legislative: when agency makes rules it acts quasi legislatively. prez can only move certain quasi legis
from humphreys
rally around the flag: effect where there is a lot of support after crisis
Carlos
Regulations: Tool from executive face of power/ instruments for admin legislativ
Almost impossible to know which regulations are in effect and that measuring their impact is even more diffibult.
Carlos and Fisher
REcissions and Defferals: deferrals and recissons after the ICA of 74. recission effects only take effect if adopted by chammbers within 45. deferral could be vetoed by one house
signing statement: administrative order
stare decisis: principle courts are to follwo decisions and precedents.
the executive face: three faces. instruments. admin
stronger president than Neustadt thought
the imperial presidnency: Schlesinger categorizes the rise of pres power
concerns its out of control and that its exceeded constitutiona limits
soft data: growth of office, resources, boldre claims, delgation of powers
Congressional resurgence:
legislative face: bargaining
adjourn
Pacificus-Helvidius debates: Madison wanted explicit pwers. didnt think washington had power to make proclamation of neutrality
prize cases: lincoln
psychological presidency: theory attemtps
character worldview and styel
resurgence regime: chapter 4 of imperial presidency
pracy act, acts in 72- 78
enhance public trust in government
rhetorical: broader than rhetorical
torture memos: memo sent from bybeep stipulated how far
defien torute
torture statute is unconstitutional
leadked in 2004
US v Curti s: case dealt with Congress fdr
transformational leadership: leadership that creates valuable and positive change in the follwoers with the end goal of devloping follwoers into leaders. motviation moral and prefomance. conect ot mission and identity
two track: energy v accountability
all specific cases
unitary executive: executive has mad power
uno solo: trait necessary for a powerful exec. machiavelli. rule by oene person. no need for consent. all blame one place
veto signaling: threatens to veto
fisher
war powers resolution of 73: requruies pres to notiy Congress within 48 hours of commiting and forbids arm forces from remaining more than 60 days.
youngstown: limited power of pres to seize private property

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