American Government Laws and Institutions
American Government Laws and Institutions PSCI 1040
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Date Created: 10/25/15
PSCI 1040 004 Jim Battista University of North Texas The Executive Branch The President in the Constitution Qualifications 0 Thirty five years of age a NaturaI born citizen39 5 Chester Arthur 18811885 may have been born in Canada 0 Resident in US for 14 years 0 Term limit Powers of the President Art I sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec Art ll sec NH LA Veto pocket veto powers The executive Power shall be vested in a President Commander in Chief of the armed forces incl state militia when called into service May grant pardons and reprieves except for impeachment May make treaties with advice and consent of Senate 23 vote May appoint with advice and consent of the Senate ambassadors public Ministers and Consuls judges and all other officers of the U Must deliver information on the state of the union to Congress May convene either or both houses of Congress May adjourn Congress if the House and Senate cannot agree on an adjournment date May receive foreign ambassadors and other ministers Must take care that the laws be faithfully executed Il Four kinds of presidential power 0 Enumerated powers 9 Implied powers 9 Informal powers 9 Statutory powers Presidential powers 0 Enumerated powers a Expresst granted to the President in the Constitution a You can cite article section and clause for each and every one 9 They are certain 0 Include a Pardons a Commander in Chief 9 Making treaties Presidential powers 9 Implied powers 0 Not explicitly granted in the Constitution in Arguably necessary in order to make an enumerated power effective 9 Generally little argument about them 0 Include 9 Executive order 9 Executive agreement Presidential powers 0 Informal powers 0 Not granted in the Constitution 0 Not implied in Powers of persuasion that go along with being President a Informal but very real in Include 0 Use of presidential status as bargaining Chip a Meeting w Pres a Trip on Air Force 1 Presidential powers 0 Statutory powers 9 Congressional powers passed on to the President 0 Must be tightly canalized 0 Sometimes struck down by courts 0 Include a Budgeting power a Control of tariffs Presidential elections in the Constitution Election 0 Election is by electors a Electors are appointed in a manner directed by state legislatures 9 14th Amendment states that if a state denies N of the adult male population the vote for elector it will have its representation in the House reduced by N Never enforced Presidential selection the electoral college a Each state has a number of electoral votes equal to its number of representatives plus senators a DC has three a The number varies from 3 DC VT MT WY AK DE to 54 CA a Every state except NE and ME awards all electoral votes to highest vote getter Presidential selection the electoral college 0 What do NE and ME do 0 Divide by Congressional district 0 Each US House district elects its own elector 0 Overall state winner gets both electors representing US Senators 0 Why not elsewhere a Arguably makes NE ME less ofa prize for candidates 0 Therefore campaigning concentrated elsewhere 0 States try to attract promised from candidates by making themselves big allornothing prizes Presidential selection the electoral college 0 Candidate with majority of electoral votes is President a If nobody has majority Thrown to Congress a House picks President from top 3 candidates a Each state gets one vote CA TX DE WY 0 What if still no majority a Senate picks VP from top 2 candidates for VP 9 Some suggestion that framers thought this would be the normal course of events The electoral college consequences 0 Possible to win Presidency but to not have the most popular votes 1888 Harrison beats Cleveland 2000 0 Possible to win Presidency on plurality only most people voted for someone else 1992 1996 o Bias in campaigning 0 Candidates concentrate on biggest closest states 0 Not to very small states DE a Not to states that are fairly certain CA TX NY a The states where the most electoral votes are up for grabs The electoral college alternatives 0 Alternative 1 Constitutional amendment tojettison it o Straightforward popular vote 9 Why would DE WY MT etc agree to this 0 Alternative 2 Everyone does what NE ME do 3 Good Doesn39t require amending Constitution 2 Just state law 0 Who wants to be the only state that does this a Collective action problem a Small states still have disproportionate influence The electoral college alternatives 0 Alternative 3 Conditional plan 0 States can assign their votes however they want a 14th Amendment a State can maybe assign its state votes to the winner of the national popular vote a Conditional only would go into effect if states with a majority of electoral votes pass identical similar laws 3 Then winner of national popular vote automatically wins Electoral College 0 Downside o If this had been in place in TX in 2000 o All of TX s electoral votes would have gone to Gore 0 But 61 of TX voters supported Bush The presidential selection process 0 Declare candidacy o Why declare a Who runs Why 9 Obtain party nomination OR be George Washington a How By what process 0 What strategies should one use a What are primary voters like a Run the general election campaign a What strategies a What is the electorate like How do they decide Historical methods of nomination 0 None 0 King39 Caucus candidates nominated by Congressional caucuses o Conventions with emphasis on party leaders and activists a Smokefilled rooms wheeling and dealing a Often many ballots esp for Democrats Methods of nomination 0 Growing role of mass primaries o o Humphrey39s 1968 nomination is last gasp of old system Nomination system changes in 1972 to MOL current scheme Great reduction in the influence of party leaders Superdelegates Growth of candidatecentered campaigns resources are candidate39s and not party39s Public airing of intraparty disputes limits success in general election Nomination strategies dynamics 9 Nomination politics is a dynamic process what happens When is important Resources used as investments using resources to do well now helps you get the resources to do well later Success rewarded and failure punished both relative to expectations This results in candidates either climbing up to success or spiralling down in flames early in the campaign cycle Also it creates the pattern of the rapid winnowing of the viable candidates to a few front runners as well as allowing relative unknowns to be thrust upon the scene The primary electorates Primary voters generally appear to behave randomly and chaotically o Rapidly fluctuating preferences 0 Low levels of political knowledge knowledge of candidates a Pattern of backing winners per se a Willingness to evaluate candidates without information 0 Little evidence for policy or ideology as basis of choice The primary electorates BUT o Non political39 factors can be signals of political39 ones 0 Some candidates receive support as Not MrX Mondale Hart 0 We should expect rapidly fluctuating preferences as voters add to their small initial stores of information omination strategies issue positions a What positions should you take on what issues a Problem What wins you the nomination might lose you the election a Primary voters and gen l election voters have different preferences 0 Primary voters more extreme only from one party Nomination strategies issue positions 0 General solutions candidates between party and general medians o Balancing of probability of winning with the desirability of the candidate to primary voters a Central candidates are squeezed out by outlying candidates How do voters decide 9 Straight partisanship in decline as exogenous force 0 Retrospective voting voting based on social outcomes in Endogenizes party ID 9 Often economic pocketbook vs sociotropic 0 Where does this leave campaigning How do voters decide 0 Issues and policies more important over time but only modestly o Candidate evaluation social and cognitive psychological models 0 Affective 0 Based on likes and dislikes In practice all four are used even by the same person All four can influence the vote decisions of a single person or a group of people Example Carter and Reagan 1980 Presidential control Problem to make presidential policy take effect esp within the executive branch Why is this a problem A subordinate might not obey out of 0 Misunderstanding of order of what the rules are 9 Simple disobedience Is this willful Does it matter When are presidential orders self executing Control or self execution is easier when 5 conditions met 0 Beliefthat the order is the President39s 9 Clarity of order 9 Publicity of order 9 Ability to carry it out is there 0 Propriety of order Consistency clarity rightness all matter here Creating conditions for presidential control Two factors that assist the President in controlling his subordinates are both facets of public opinion 0 Professional reputation public opinion within the Washington community 9 Public prestige President39s standing with the people at large Organizing the presidency Critical elements a Vice president bucket of warm spit or position of power a Cabinet and executive branch proper 9 White House staff EOP Presidential branch 9 Don39t execute laws not executive branch proper 0 Political aides to President How to organize Organizational style leadership style is like home style the question is not what works The question is What works for me here and now Archetypes of presidential organization Bureaucratichierarchical Eisenhower Reagan 2 o Relativer clear chain of command that is enforced 0 Limits on access 0 More delegation o Downsides prone to inactivity Ike and runawayrogue subordinates Reagan Archetypes of presidential organization Spokesand hub FDR Carter Reagan Clinton 0 Muddier chain of command 0 Fewer limits on access greater inclusiveness 0 Less delegation o Downsides prone to confusion wastes of President39s time Carter and tennis courts