CYBERLAND UNIVERSITY OF NORTH AMERICA

Dr. Almon Leroy Way, Jr.

University President & Professor of Political Science


POLITICAL SCIENCE 201B:

AMERICAN NATIONAL GOVERNMENT & POLITICS



OUTLINE & STUDY GUIDE, LECTURE TOPIC C,
THE AMERICAN PRESIDENCY & NATIONAL LEADERSHIP


TEXTBOOK ASSIGNMENTS:
      Chapter 11, "The Presidency:  The Leadership Branch," pages
            284-309.

      U.S. Constitution, Article II, Section 1, Paragraph 1, &
            Sections 2 & 3.

OUTLINE & STUDY GUIDE:
I.  The Constitutional Powers and Duties of the President
    [U.S. Constitution, Article II, Section 1, Paragraph 1,
    & Sections 2 & 3]

      A.  The Executive Power of the National Government
          1.  Article II, Section 1, Paragraph 1
              a.  The Office in Which the Executive Power is
                  Vested

      B.  The Powers and Duties of the President Enumerated
          (Expressly Assigned)
          1.  Article II, Section 2
          2.  Article II, Section 3
          3.  Presidential Powers and Duties--A Summary

II.  The President and the Politics of Shared Powers  [Textbook,
     pages 285-287]

      A.  Original Intent--The Design of the Framers of the U.S.
          Constitution  [285]
          1.  The Office of President--Characteristics
              a.  Limited Powers
              b.  Nonpartisanship
              c.  Duties and Functions
              d.  Dual Constitutional Roles
                  (1)  Ceremonial and Symbolic Chief of State
                  (2)  Actual Head of Government
                       (a)  Top Executive Officer in the National
                            Government
                       (b)  Top Officer in Charge of Foreign
                            Affairs and International Relations
                       (c)  Top Civilian Head of the Armed Forces
                            of the Nation
           2.  Decisionmaking Power Shared with Congress
               a.  The President's Major Appointments
               b.  The President's Veto Power Over Legislation
               c.  The President's Treatymaking Power
               d.  The Resulting Need for Cooperation and Con-
                   sultation Between the President and Congress
           3.  Broad Outline of Presidential Powers in the Con-
               stitution
               a.  The President's Powers Deliberately Outlined
                   Broadly
               b.  Reason
                   (1)  Discretionary Power to Act
                        (a)  Under What Circumstances
                   (2)  Power of Congress to Impeach the Presi-
                        dent and Remove Him from Office
                        (a)  On What Grounds

      B.  Divided Powers in the National Government--The Design
          of the Framers  [285-286]
          1.  The National Government--A Government of Divided
              Powers as Well as Shared Powers
              a.  Separation of Powers and Checks and Balances
                  (1)  The Need for Disagreement and Conflict as
                       Well as Cooperation
                  (2)  How Disagreement and Conflict Were Made
                       Inevitable
                       (a)  Different Constituencies
                       (b)  Different Terms of Office (Different
                            Lengths of Service
          2.  The National Government--Neither a Legislature-
              Dominated Government Nor an Executive-Dominated
              Government
              a.  National Leadership and Public Policy
                  (1)  What the Constitution Plainly Invites
                  (2)  When Leadership and New Policy Initiatives
                       Are Encouraged
          3.  Divided Government
              a.  Definition
                  (1)  The Two Major Political Parties and
                       Divided Government
          4.  Divided Powers and Divided Government
              a.  What Makes Divided Government Possible at the
                  National Level in the U.S.A.
              b.  What Has Been the Norm in American National
                  Government During Recent Decades

      C.  The Evolution of Presidential Power and Influence
          [286-287]
          1.  The Formal Powers Vested in the Office of Presi-
              dent by the U.S. Constitution--Unchanged
          2.  Variables Determining the Actual Power and In-
              fluence of a Given President
              a.  The Incumbent's Character and Energy
              b.  The Needs of the Time
              c.  The Party Balance in Congress
              d.  The Values of the Citizenry
              e.  The Challenges to Our Nation's Survival
          3.  The History of Presidential Power and Influence
              a.  The History of Steady, but Uneven, Growth
              b.  Examples of Individual Presidents Who Have
                  Enlarged the Power and Influence of the
                  Office Of President
              c.  How Have the Institution of the Presidency
                  and Many of Its Powers Been Redefined by
                  Individual Presidents
              d.  The Roles of Congress and the Federal Courts
                  in the Growth of Presidential Power and In-
                  fluence
                  (1)  Recurrent Crises and Congressional Dele-
                       gation of Discretionary Authority to the
                       President
                  (2)  The U.S. Supreme Court
                       (a)  An Expansive Interpretation of Presi-
                            dential Power Under the Constitution
                       (b)  Giving Legitimacy to the Growth of
                            Presidential Power
              e.  Factors That Strengthened the Presidency in the
                  Twentieth Century
                  (1) The Danger of War and the Destructive Po-
                      tential of New Weaponry
                      (a)  What Invited Presidential Leadership
                           in National Security Matters
                           *The Cold War
                  (2)  Television
                       (a)  Presidential Access to Prime-Time TV
                            *Ability of the President to Take His
                             Case Directly to the People
                            *Invitation to Bypass Congress, the
                             Washington Press, and Party Leaders
                            *Weakening of the Checks on the
                             Presidency
                  (3)  Growth of the Role of the National Govern-
                       ment in Domestic and Economic Matters
                       (a)  Why So Many Problems Get Pulled up
                            into the White House
                       (b)  The Purposes of Central Review and
                            Coordination Units Established by
                            the President
                  (4)  Public Expectations

III.  A Contemporary Job Description of the Office of President--
      The Many Jobs of the President  [Textbook, pages 289-297]

      A.  The Traditional Responsibilities of the President
          [289]
          1.  A List of the Traditional Responsibilities  [289]

      B.  Additional Roles yhe President Is Expected to Perform--
          Leadership Responsibilities Not Spelled out in the U.S.
          Constitution  [289-297]
          1.  The President as Crisis Manager  [290-291]
              a.  Crisis Manager in National Security Affairs
                  (1)  What the President Is Expected to Do
                       When Crises and National Emergencies
                       Occur in the Area of Foreign Affairs
                       and International Relations
                  (2)  The Primary Factor Underlying the Trans-
                       formation in the President's Function as
                       Commander-in-Chief
                       (a)  The Changed Role of the U.S.A. in the
                            World, Especially Since the Second
                            World War
                       (b)  The Consequence--Presidential Discre-
                            tion in the Area of Foreign Policy
                            and International Relations
              b.  Crisis Manager in the Domestic Sphere
                  (1)  What the President Is Expected to Do When
                       Crises and Emergencies Occur in the Area
                       of the Internal Affairs of the U.S.A.
                       (a)  Presidential-level Planning, Deci-
                            sionmaking, and Action to Solve the
                            Problem
                  (2)  The President's Limitations as Crisis
                       Manager in the Domestic Sphere
                       (a)  The President as Little More Than a
                            Victim of Fast-breaking Events and
                            Forces Outside of His Control
              c.  The Presidential War Power
                  (1)  The Power of Congress to Make War
                       (a)  The Constitutional Authority to
                            Declare War
                  (2)  The Power of the President to Start a War
                       or Take Military Action That Leads to War
                       (a)  Ordering the U.S. Armed Forces into
                            Military Action Abroad
                       (b)  The Importance of Domestic Political
                            Support for Such Action
                  (3)  The War Powers Act (War Powers Resolution)
                       of 1973
                       (a)  The Circumstances Under Which the
                            President Can Legally Commit the
                            U.S. Armed Forces Abroad
                            *Congressional War Declaration
                            *Congressional Statutory Authoriza-
                             tion
                            *National Emergency Created by an At-
                             tack on the U.S.A. or on Its Armed
                             Forces
                        (b)  The Reporting Requirement
                        (c)  When the Troop Commitment Must Be
                             Ended
                        (d)  The Obligation to Consult Congress
                        (e)  Military Disengagement by Concurrent
                             Resolution of Congress
                        (f)  The Statute's Impact on Presidential
                             Behavior
          2.  The President as Morale Builder  [291]
              a.  Presidential Leadership at Its Finest
                  (1)  Radiation of National Self-Confidence
                  (2)  Unlocking the Possibility of Good That
                       Exists in the Nation
          3.  The President as Recruiter  [291-292]
              a.  How a Shrewd and Effective President Uses His
                  Appointment Power
                  (1)  Rewarding Campaign Supporters
                  (2)  Enhancing Ties to Congress
                  (3)  Communicating Priorities and Policy Direc-
                       tions
              b.  The Difficulty of Keeping the Most Talented
                  Officials in Government Service
              c.  The Lasting Impact of Judicial Appointments
          4.  The President as Priority Setter  [292-293]
              a.  The Real Source of Most Presidential Policy
                  Initiatives
              b.  National Security Policy
                  (1)  The Framers' Perception of the Need for
                       Speed and Unity in Dealing with Other
                       Sovereign States
                  (2)  The U.S. Constitution
                       (a)  The President's Command of the Two
                            Major Instruments of U.S. Foreign
                            Policy
                       (b)  The President's Responsibility for
                            Negotiating Treaties and Other Com-
                            mitments with Other Sovereign States
                  (3)  Congressional Statutes and Presidential
                       Discretion
                  (4)  The U.S. Supreme Court and Strong Presi-
                       dential Authority
                       (a)  UNITED STATES V. CURTIS-WRIGHT EX-
                            PORT CORPORATION (1936)
                  (5)  When in Conflict with the President, What
                       Can Be Done by a Determined Congress That
                       Knows What It Wants and Can Agree on Ac-
                       tion
                       (a)  The Source of Congressional Ability
                            to Effectively Oppose and Block
                            Presidential Policy in the Area of
                            Foreign Affairs and International
                            Relations
                            *Power to Authorize and Appropriate
                             the Funds to Support U.S. Foreign
                             and Military Policy
              c.  Economic Policy
                  (1)  Widespread Public Expectations
                  (2)  Incentives for the President to Act in
                       Accordance with Public Expectations
                  (3)  Chief Advisers to the President on
                       Economic Policy
              d.  Domestic Policy
                  (1)  What the President Cannot Long Ignore
          5.  The President as Moulder of Public Opinion  {293-
              294]
              a.  The President's Use of the Media
          6.  The President as Party Leader  [294]
              a.  The Advantage of the Party Leadership Role
          7.  The President as Administrator  [295-297]
              a.  The White House Staff, or White House Office
              b.  The Executive Office of the President
              c.  The Office of Management and Budget (OMB)
              d.  The Cabinet

IV.  Working with Congress--Essential to Presidential Effective-
     ness  [Textbook, pages 298-306]

      A.  Devices Employed by the President  [298-300]
          1.  The Message and Recommending Power
          2.  Political Coalition Building
          3.  Bargaining and the Power to Persuade
          4.  The Presidential Veto

      B.  The Item Veto--Its Rise and Fall  [300-301]
          1.  Definition of Relevant Terms
              a.  Item Veto
              b.  Pork-Barrel Legislation
              c.  Rider
          2.  Congressional Legislation Authorizing Presidential
              Exercise of the Item Veto
          3.  Constitutional Challenge to the Item Veto Statute
              a.  CLINTON V. CITY OF NEW YORK (1998)
                  (1)  Ruling of the U.S. Court

      C.  Causes of the Inevitable Balancing and Checking Per-
          formed by Congress in Dealing with the President
          [301-303]
          1.  Constitutional Ambiguities
          2.  Different Constituencies
          3.  Varying Terms of Office
          4.  Divided Government
          5.  Weak Political Parties
          6.  Fluctuating Public Support

      D.  Cooperation Between Congress and the President  [303]
          1.  Surmounting the Constitutional Barriers to Coopera-
              tion

V.  Constraints on the President  [Textbook, pages 303-306]

      A.  A Watchdog Media as a Constraint  [304-306]

      B.  Impeachment, Conviction, and Removal--The Ultimate
          Constraint  [306]

      C.  International Pressures as a Set of Constraints  [306]



Return to Unit Four,
MAJOR POLICYMAKING INSTITUTIONS
IN THE U.S. NATIONAL GOVERNMENT:
LEGISLATIVE, EXECUTIVE, & JUDICIAL