CONGRESS AND

THE
PRESIDENCY
PO200

UNIT 7

AMERICAN GOVERNMENT AND POLITICS IN THE

INFORMATION AGE: CHAPTER 12, CHAPTER 13
THE 1ST BRANCH

• To the Framers, Congress was considered the “1 st branch” of

gov’t
• To Congress, they delegated many important powers, including taxation
and spending (“power of the purse”) and the authority to declare war
• Essential to federalism and maintenance of separation of powers
• Checks and balances
• Override presidential vetoes
• Determine structure and appellate jurisdiction of federal judiciary

• Yet most Americans disapprove of Congress…

THE BROKEN BRANCH?

• In most recent public opinion surveys, Congressional approval rarely rises above 1/3
• July 2019 Gallup – approval at 17%
• Paradoxical – most Americans disapprove of Congress but routinely reelect own
members
• Fenno, “If Congress is the broken branch then how come we love our congressmen so much more
than our Congress?”
• 112th Congress – 80% of House and 70% of Senators were incumbents at beginning of term

• Further, post-1970 Congress more polarized by partisanship and divided by ideology

• Party polarization – a vote in which the majority of Democratic legislators oppose a majority of
Republican legislators
• Does this reflect popular sentiment or a disconnect with the public?
IT WASN’T ALWAYS THIS WAY…

• Into the 1960s, liberal and conservative voting blocs often

crossed party lines (i.e. Republicans and southern
Democrats in a conservative bloc around middle of 20th
century)
• Leaders of the parties were veteran politicians interested in
winning elections, dispensing patronage, obtaining benefits
for their districts and keeping institutional power
…BUT IT IS NOW

• In the 2000s, liberal Republicans and conservative Democrats

became virtually extinct
• 2010 Patient Protection and Affordable Care Act – 0 Republican votes
in the House; Fiscal Year 2012 budget plan passed the House with 0
Democratic votes in 2011

• Parties are now ideologically distinct, but not as fully unified

as parties in Great Britain or other parliamentary democracies
• Founders understood difference between our Congressional
system and a parliament
CONGRESS V. PARLIAMENT

• Typically, a person becomes a member of parliament by

persuading the party to put his or her name on the ballot,
national party has input, and voters choose between parties
• In the US Congressional system, primary elections are
required, and personality has a large role in the election
• As a result of the electoral systems, members of a Congress
are more beholden to their districts, parliamentary members
more beholden to the party
CONGRESS V. PARLIAMENT

• In a parliamentary system, a prime minster and cabinet officers are

selected from the party that has the most seats
• In US Congress, the executive and legislative branches are separate,
allowing the Congress to operate without fear of collapsing the
government or being removed from the ballot on the next election cycle
• Further, the principle work of a parliament is debate, the principle work
of a congress is representation and action
• Power of the members reflects this difference

• Congress largely a decentralized institution, and the very structure makes

it almost inevitably unappealing to voters
WHY CONGRESS?

• Framers wanted, as we have discussed, separation of powers, because even

popularly elected majorities could become oppressive
• As we’ve discussed, states wanted to maintain some independence and
wanted their interests protected (both large and small states)
• Bicameral legislature – a lawmaking body made up of two chambers or parts
• All legislative powers vested in Congress, although shared with the president,
who could veto acts of Congress, limited to those powers conferred upon
federal government, and subject to Supreme Court judicial review
• Congress is essentially limited in acting quickly by the desire to protect
individual members and the constituents they represent
SENATE VS. HOUSE

• The Senate has not faced the same problems the House has,
over time, regarding rules because it is a smaller body
which can be run without giving much authority to a single
small group of leaders
• Biggest changes in Senate over time have not been over
rules or how to run it, but over how Senators got there in
the first place
CHOOSING OF SENATORS

• For over a century after the founding, senators were chosen

by state legislatures, leading to a so-called “Millionaires’
Club” by the end of the 19th century
• After a protracted struggle (and some calls for a new
constitutional convention), Senate finally agreed to a
constitutional amendment requiring popular election of its
members (17th amendment, 1913)
WHO’S IN CONGRESS

• Typical representative is a middle-aged white Protestant male lawyer

• Congress gradually becoming less male and less white
• Between 1950 and 2020 in the House
• Women up from 9 to 101
• African-Americans up from 2 to 53
• Senate slower to change, before 1992 there were no African-Americans and only two women in the
Senate
• Today there are 26 women in the Senate
• Currently three black Senators (Tim Scott, R-SC, Cory Booker, D-NJ, Kamala Harris, D-CA)
• African-Americans and Latinos often have strong influence (in terms of committee chairs) in the
House when Democrats are in the majority, and much of the increase in women in Congress can be
attributed to Democrats, as well, included first female Speaker of the House Nancy Pelosi (D-CA)
INCUMBENCY

• Incumbents serving long terms in Congress has been on the rise

• In the 19th century, much of Congress, often approaching a
majority, served only one term
• Congress was not considered a career
• Federal gov’t not as important, travel difficult, pay was not good,
competitive districts

• By the 1950s, serving in Congress had become a career

• 1863 to 1969, proportion of first-termers in the House fell from 58% to
8%
INCUMBENCY

• While periodic power-shifts result in scores of new faces entering Congress

(1994, 2006, 2010), most incumbent House members win big in their districts
(a similar but weaker advantage in the Senate)
• Marginal districts – political districts in which candidates elected to the House
win in close elections, usually less than 55% of the vote
• Safe districts – districts in which the incumbents win by margins of 55% or
more
• In all but 1 of the 24 House elections between 1964 and 2010, between 60 and
80 percent of House incumbents were reelected with 60 percent or more of the
vote
• Well under half of Senators won by such a margin over same period
WHY INCUMBENCY

• There are a few potential reasons for this incumbency

advantage:
• Television and other media
• Voters vote on personality more than party, and incumbent can do
more to get personality out for voters to see
• Incumbents can give their districts benefits and thus benefit
themselves
PARTIES IN CONGRESS

• 40 Congresses between 1933 and 2011

• Democrats controlled both houses in 27 and at least one house in 30
• Some attribute this to Democratic gerrymandering, but this
explanation is not sufficient, as almost all evidence from political
science suggests net gains from redistricting are very small
• party must control state legislature, governor’s office, and state
courts
PARTIES IN CONGRESS

• A more likely explanation is that Democrats were in power as the

advantages for incumbents grew, and were able to withstand
some large losses over the years
• By the 1990s, some of the incumbency advantages had turned
into disadvantages, with citizens growing tired of “professional
politicians”
• Respect for Congress plummeted in a series of 1980s scandals, and
Democrats were in charge at the time
• Dems done in by this, as well as redistricting after the 1990 census and the
shift of the South to the Republican Party
PARTIES IN CONGRESS

• By 2006, an unpopular Republican president and congressional

leaders blamed for moving the country in the wrong direction
led to Democrats regaining control of both chambers
• In 2010, in the midst of a recession and with a Democratic
president, Republicans took the House back as part of large
gains on both the state and federal levels
• As Democrats have become more internally unified (demise of
the conservative coalition), parties have become more
ideologically partisan
HOW DO MEMBERS OF
CONGRESS BEHAVE?
• Three Theories:
• Representational – members want to get reelected, and therefore vote
to please their constituents
• Organizational – since most constituents do not know how their
legislator has voted, it is less important to please them and more
important to please fellow members of Congress to get things done
and acquire status and power
• Attitudinal – explanation is based on the assumption that conflicting
pressures cancel out leaving members free to vote based on their own
beliefs
REPRESENTATIONAL VIEW

• Likely to be the case when constituents have a clear view on some

issue and the legislator’s vote on said issue is likely to attract attention
• i.e., black voters and civil rights bills
• In cases of divided voters, legislator may have to take an electorally difficult stand
or try not to vote at all

• Problem with representational view: the public doesn’t have strong and
clear opinions on most matters on which Congress votes
• Sometimes constituencies are divided, interest groups can make positions known
but that depends on strength and organization
• Blunders can be exploited by opponents, however, although a voting record is not
always fatal to a member of Congress
ORGANIZATIONAL VIEW

• When constituency interests do not provide strong guidance,

members of Congress respond primarily to cues from
colleagues
• Party explains more about a member’s voting record than any
other single factor
• Colleagues in caucuses such as the Democratic Study Group or
Republican Study Committee can also play a role

• Cues particularly likely on votes for which representatives are

not very involved or aware
ATTITUDINAL VIEW

• Some studies indicate that members’ own ideological views

probably matter more than organizational influences
• However, how a member comes to reach a certain ideology in
the first place and how a member votes on certain issues is
influenced by everything from campaign donors, primary
voters, and pressures of the congressional party
• Parties in Congress have “sorted” along ideological lines, but
there is some debate as to whether this reflects the electorate as
a whole
ORGANIZATION OF CONGRESS

• Democrats and Republicans in the House and Senate are

organized by party leaders, who are elected by full party
membership within the House and Senate
• Majority party in the Senate chooses one of its members to
serve as president pro tempore of the Senate
• VP of the US is usually president of the senate, this position
Constitutionally required when VP is absent to serve as presiding
officer
• Currently – Chuck Grassley (R-IA)
ORGANIZATION OF THE SENATE

• Majority leader – the legislative leader elected by party

members holding the majority of seats in the House or the
Senate
• Senate majority leader schedules business of the Senate, usually in
consultation with minority leader

• Minority leader – The legislative leader elected by party

members holding a minority of seats in the House or the
Senate
CURRENT MAJORITY AND
MINORITY LEADERS
• Senate Minority Leader – Chuck Schumer (D-NV)
• Senate Majority Leader – Mitch McConnell (R-KY)
• House Majority Leader – Steny Hoyer (D-MD)
• House Minority Leader – Kevin McCarthy (R-CA)
WHIPS AND COMMITTEES

• Whip – a Senator or representative who helps the party leader stay informed about
what party members are thinking
• Also rounds up members when important votes are taken, and attempts to keep a count of how
voting on a controversial issue is likely to go

• Each party in the Senate also chooses a Policy Committee to help party leaders
schedule Senate business, choosing which bills to give major attention and in what
order
• Groups in the Senate also assign senators to the senate’s standing committees; for
Dems the Steering Committee and for Republicans the Committee on Committees
• Ideological and regional balance are important for selecting party leaders and
committee representation
ORGANIZATION OF THE HOUSE

• House party structure is similar to Senate, but with more power for leadership because
of the House rules which restrict debate and place a greater weight on scheduling
• Speaker of the House – the presiding officer of the House of Representatives and the
leader of his party in the House
• Current Speaker – Nancy Pelosi (D-CA)

• Speakers as presiders are expected to be fair, but as party leaders are expected to use
power to help pass legislation
• Speaker decides who shall be recognized to speak on the House floor, rule which motions are relevant,
and decides which bills are sent to which committees
• Also influences which bills are brought up for a vote and appoints the members of special and select
committees
• Since 1975 – selects majority-party members of the Rules Committee
OTHER HOUSE POSITIONS

• Majority and minority parties in the House also have floor

leaders
• Each party has a whip, with several assistant whips
• For Democrats, committee assignments made and
scheduling of legislation discussed by the Steering and
Policy Committee chaired by the Speaker (or party leader in
the House), while Republicans split these duties among 2
committees
CAUCUSES

• Caucus – an association of congressional members created to

advance a political ideology or a regional, ethnic, or economic
interest
• In 1959, only 4 such groups existed; by the early 1980s there were
more than 70
• Examples: Democratic Study Group, the Coalition (Blue Dog
Democrats), Congressional Black Caucus
• Caucuses may simply register an opinion or attempt to lobby,
influence, or trade votes with other blocs
CONGRESSIONAL COMMITTEES

• Most of the power in Congress is found in the chairmanship

of committees and their subcommittees
• Typically, each house of Congress has about two dozen
committees and well over one hundred subcommittees
• The composition of these committees determines which
legislators will oversee agencies, pass on legislative
proposals, and conduct investigations
THREE TYPES OF COMMITTEES

• Standing committees – permanently established legislative

committees that consider and are responsible for legislation
within a certain subject area
• Select committees – congressional committees appointed for
a limited time and purpose
• Joint committees – committees on which both senators and
representatives serve
• Conference committee – a type of joint committee appointed to resolve
differences in the Senate and House versions of the same bill
COMMITTEES

• Typically the majority party takes the majority of the seats and names
the committee chair, and allow minority party the rest of the seats
• Ratio of parties on a committee typically corresponds to their ratio in the House or
Senate

• Standing committees usually most important because typically they

are the only committees that can propose legislation by reporting a
bill out to the full House or Senate
• Generally, House members serve on 2 standing committees each
(Appropriations, Rules, Ways and Means limited to 1), while Senators
may serve on 2 major and 1 minor committee
RULES AND COMMITTEES

• Seniority has gradually become less important in deciding upon

committee chairs
• Liberal Democrats in the early 1970s began the process of
weakening chair powers (because they were upset by opposition of
conservative southern Democratic chairs to civil rights legislation)
• Essentially, individual members of the House were given more
power and chairs were given less
• Fewer changes seen in the Senate because individual Senators already had
power compared to House members
STAFFS AND SPECIALIZED
OFFICES
• In 1900, representatives had no personal staff, and senators
averaged fewer than one staff member each
• By 1979, the average representative had 16 assistants and the
average senator had 36
• 10,000 people work on personal staff for members of Congress,
while another 3,000 work for congressional committees and 3,000
more are employed by various congressional research agencies
• Personal staffs of legislators have grown by 5x since 1947
WHAT DO CONGRESSIONAL
STAFF DO?
• Almost all members of Congress have at least one home office, and
a growing proportion of Congressional staffers man these offices
• Staff help constituents solve problems and help members draft or
become familiar with bills
• Staff agencies work for Congress as a whole to give Congress
specialized knowledge equivalent with that at the disposal of the
president
• Congressional Research Service responds to requests by members for
information, the Congressional Budget Office advises Congress on likely impact
of different spending programs
HOW A BILL BECOMES A LAW

• Keep in mind that the complexity of congressional

procedures usually gives powerful advantages to the
opponents of a new policy, giving them several
opportunities to block new legislation
• Thus, to get anything done, members of Congress must
either slowly and painfully gather a winning coalition, or
capitalize on public enthusiasm for a measure
HOW A BILL BECOMES A LAW

• Any member of Congress may introduce a bill

• House – handing it to a clerk or dropping it in a box
• Senate – recognized by presiding officer and announcing bill’s introduction

• Bills then numbered and printed

• If a bill is not passed during one session of Congress, it is dead and must be
reintroduced the next session
• While we often hear that the president introduces or favors a particular piece
of legislation, he must rely upon a member of Congress to introduce a bill,
even when he is the principal author
• In any event, president usually consults with key members of Congress on any legislation
he “proposes”
RESOLUTIONS

• In addition to bills, Congress may pass resolutions

• Simple resolution – an expression of opinion, either in the House or Senate
to settle procedural matters in either body
• Concurrent resolution – an expression of opinion without the force of law
that requires the approval of both the House and Senate but not the president
• For housekeeping and procedural matters in both houses
• Joint resolution – a formal expression of Congressional opinion that must be
approved by both houses and the president
• Joint resolution may also be used to propose a Constitutional
amendment, though president’s signature not required in this case (but
a 2/3rds vote in each house is required
COMMITTEES

• Bills are referred to committee by either the Speaker of the

House or the presiding officer in the Senate
• Rules govern which committee receives which bill, but
sometimes choice is possible, which can be critical if a
chair or committee is known as hostile towards a particular
bill
• This choice is a source of power for the Speaker
BILLS

• Constitution requires that “all bills for raising revenue shall

originate in the House of Representatives”
• Senate amends such bills, but only after House
• Bills not related to tax law can originate in either House, although in
practice appropriations (spending) bills originate in the House as well
• As a result of this requirement, House Ways and Means Committee
(which handles tax bills) is of great importance
COMMITTEES

• Most bills die in committees

• Sometimes introduced only to get publicity for members of Congress or so
members can tell various interest groups they took some action on an issue
• Some bills referred to subcommittees where hearings take place, witnesses are
called, questions are asked
• Used to inform, permit interest groups to speak, and allow public support for
a measure to build
• Committees are important, but can also fragment complex bills

• Committees and subcommittees make changes or additions to bills,

but changes do not become part of bill unless approved by entire
house
COMMITTEES

• If the majority of a committee votes to report a bill favorably to

the House or Senate, it goes forward with an explanation of why
it’s favored and why changes are favored, as well
• An unfavorable recommendation ordinarily kills the bill,
although in some cases a discharge petition may be used in the
House
• Discharge petition – a device by which any member of the
House, after a committee has had a bill for 30 days, may petition
to have it brought to the floor (majority must sign)
CALENDAR

• For a bill to come before House or Senate, it must be placed

upon the calendar
• Rules Committee in the House decides the rules under
which bill will be considered
• No such barriers exist in Senate, where bills can be considered in any
order at any time if a majority of the Senate chooses
• In practice, bills scheduled by majority leader in consultation
with minority leader
FLOOR DEBATE

• In the House, all revenue bills and most other bills debated
by “Committee of the Whole,” whoever’s around as long as
100 members present
• Passage in the House can only take place when quorum,
half the membership (218) is present
• Sponsoring committee usually guides discussion
FLOOR DEBATE

• Debate is more casual in the Senate

• Measures already passed in the House can be placed on
Senate calendar without a committee hearing
• More casual debate in the Senate makes irrelevant
amendments, known as “riders” and filibusters possible
• Filibuster can be broken with a cloture resolution, if 3/5ths
of senators agree to it
FILIBUSTER

• Filibuster – a prolonged speech or series of speeches made

to delay action in a legislative assembly
• Eventually, Rule 22 provided for “cloture” motion if 2/3rds
(now 60) senators agreed to cut off debate and end the
filibuster
• Filibuster only in Senate – not House
FILIBUSTER
—EXAMPLE
• Here we see Sen. Ted
Cruz (R-TX) reading a
section of Green Eggs
and Ham during a
filibuster related to the
repeal of the Affordable
Care Act
• Take note that Senators
may talk about whatever
they want during a
filibuster
FILIBUSTERING, CONTINUED

• Double tracking – a procedure to keep the Senate going

during a filibuster in which the disputed bill is shelved
temporarily so that Senate can get on with other business
• Once Senators have spoken long enough, the bill gets
shelved
• Most controversial bills can only pass the Senate if it has
enough votes to avoid filibuster
DIFFERENT VERSIONS, SAME
BILL
• If a bill passes House and Senate in different forms, it must be
reconciled if the bill is to become law
• Minor differences are often referred from the 2nd House back to
the 1st which accepts alterations
• Major differences require a conference committee
• No decision made unless approved by a majority of each delegation
(committees formed by members picked by chairs of standing committees
that have been handling the legislation)
• Conferees report their agreement back to their respective houses for
consideration; can be accepted or rejected but not amended
ON TO THE PRESIDENT

• The final bill goes to the president for signature or veto

• Veto – power of president to disapprove a bill; it may be overridden by a
two-thirds vote of each house of Congress
• Divided government – one party controls the White House and another
party controls one or both houses of Congress
• Unified government – same party controls White House and both houses of
Congress
• Unified governments may pass sweeping laws more easily than under
divided gov’t, although most studies suggest that divided gov’t only reduces
passage of the most far-reaching and costly legislation
THE PRESIDENCY – A UNIQUE
AMERICAN INSTITUTION
• Of the roughly 60 nations with some degree of party
competition, only 16 have directly elected presidents, 13 of
which are in North or South America
• Alternative is a prime minister elected by the parliament
• Most of Western Europe, Israel, Japan

• Parliamentary vs. Presidential system plays a big role in

terms of the identity and powers of the chief executive
THE PRESIDENT AS OUTSIDER

• US Presidents are often outsiders in the political system

• While prime ministers are selected from those already in parliament,
sometimes it’s easier to win the White House if a candidate can show they are
not a part of “the mess in Washington”
• Ex: Carter, Clinton, Reagan, George W. Bush did not hold national office before becoming
president
• Roosevelt was Asst. Sec. of the Navy and Gov. of NY, Eisenhower was a general
• President Obama was only 3rd president to come directly from Senate (Kennedy and Harding)
• Some presidents do hold the role of VP first (Nixon, George H.W. Bush, Johnson although he
was not elected from the role)
• Most presidents are either governors, military men, or VPs before become president, as just
13% between 1828 and 2000 were legislators
PRESIDENTS VS. PMS

• Prime ministerial cabinet members almost always come from parliament,

whereas no sitting member of Congress may hold an executive office
• US cabinet members usually are personal friends of the president, former campaign
aides, representatives of important constituencies, or experts on various policy issues

• Unlike prime ministers, presidents have no guaranteed majority in the

legislature
• Difference in presidents vs. prime ministers at war, as well
• Ex: Bush had to convince Congress to go along with war in Iraq, whereas Blair did not
need to convince parliament; Bush kept pushing when war turned against him (no fear
of losing power) whereas Tony Blair resigned
DIVIDED VS. UNIFIED GOV’T

• In past classes, we’ve talked about divided vs. unified gov’t

• Unified gov’ts are, in fact, rather rare
• When Pres. Trump took office with unified gov’t in 2017, it marked only 5th time
since 1969
• The fear in a divided government (although not always substantiated) is that it
produced gridlock
• Gridlock – the inability of government to act because rival parties control different
parts of the government
• Some research suggests the effects of gridlock may not be so bad as compared to
non-gridlock, largely because of internal policy differences within parties and the
nature of American gov’t itself
POWERS OF THE PRESIDENT

• President has several important, if vaguely defined, powers,

stemming for the most part from Article II of the
Constitution
• Two sorts: those which require Congressional or Senatorial approval,
and those which the president may exercise autonomously
SOLO PRESIDENTIAL POWERS

• Serve as Commander in Chief of the armed forces

• Commission officers of the armed forces
• Grant reprieves and pardons for federal offenses (except impeachment)
• Convene special sessions of Congress
• Receive ambassadors
• Take care that the laws be faithfully executed
• Wield the “executive power”
• Appoint officials to lesser offices
POWERS SHARED WITH THE
SENATE OR CONGRESS
• With the Senate:
• Make treaties
• Appoint ambassadors, judges, and high officials

• With Congress
• Approve legislation

• Interpreted narrowly, it may seem as though president is little

more than “chief clerk”
• Wilson, duties are mostly “mere administration”
• However…
PRESIDENTIAL POWER

• Presidential power can be found in the more vague clauses of the

Constitution
• “take care that the laws be faithfully executed”
• Cleveland used this clause to use federal troops to break a labor strike
in the 1890s, Eisenhower used to integrate a public school in Little
Rock, AR, in 1957
• What about DAPA? ACA?
• Further, since the 1930s, Congress has passed laws that confer power on the
president and the executive branch authority to achieve general goals,
allowing the president to define regulations and programs that will actually
be put into effect
THE FOUNDERS’ VISION

• Framers were concerned with both anarchy and monarchy

• At time of Constitutional Convention, states gave almost all
power to legislatures
• Various proposals were made, including having a council which
would approve presidential actions or a plural national executive
• In the end, it was decided that a single, national president with
significant powers was necessary to govern a large nation
• Those who believed in this structure were aided by the fact that it was
believed Washington would be first president, and he was widely respected
EARLY CONCERNS

• Delegates in Philadelphia were especially concerned with

the relationship between Congress and the president and the
manner in which the president was elected
• The first plan called for Congress to elect the president, similar to a
parliamentary system
• It was eventually decided that the president would be popularly
elected by voters, but which voters?
• Small states wouldn’t approve a direct election
THE ELECTORAL COLLEGE

• Electoral College - the people chosen to cast each state’s

votes in a presidential election. 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.
• Large states would now have a say, but small states would be protected
with a minimum of 3 electoral votes
• Small states could band together in the House, as well, where the
Framers believed many elections would be decided (each state would
get 1 vote in House to break a tie)
TERM OF THE PRESIDENT

• George Washington firmly limited himself to 2 terms in

office, and every president until FDR followed this
precedent
• In 1951, 22nd amendment was ratified, limiting all
subsequent presidents to 2 terms
THE FIRST PRESIDENTS

• The first presidents were all active in the fight for

independence, the founding, or both
• Of the first five, all but Adams served 2 terms, and
Washington and Monroe ran unopposed
• There was a hostility towards parties (Washington spoke out
against them)
• Washington’s administration contained major spokespersons
for many viewpoints (i.e. both Hamilton and Jefferson)
ESTABLISHING LEGITIMACY

• Establishing legitimacy of the executive branch was made

easier by the fact that it had little to do, settling debts,
establishing currency, and some foreign relations aside
• Government was kept modest, and a rule of “fitness”
emerged, stressing community ties and approval when
appointing people to federal office
• Vetoes were rare (Washington cast two, Adams and
Jefferson none)
JACKSONIAN ERA

• As we’ve discussed before, political changes in the nation began

to occur under Jackson
• Jackson did not shrink from conflict with Congress, and used the
veto 12 times, not just on Constitutional concerns but policy
concerns
• Sectional divides (slavery, commercial policies) combined with
big personalities (Calhoun, Clay, Webster in Congress) to create a
particularly contentious era
• Jackson believed in a strong and independent presidency
CONGRESSIONAL POWER

• Following Jackson, Congress reasserted its power through an era of no-name

presidents
• Attempting to deal with the issue of slavery and sectionalism in a period of intense
partisanship

• Only Lincoln expanded presidential powers during this time

• Made unprecedented use of the vague phrases in Article II
• Raised an army, spent money, suspended habeas corpus, blockaded Southern ports, and
issued Emancipation Proclamation, all without prior Congressional approval

• After Lincoln, Congress reasserted itself once again

• While modern presidents have gained in strength (particularly since the
1930s), Congress still plays a strong and vital role
PERSUASIVE POWERS

• The president, as the only nationally-elected public official,

has the power to persuade
• Fellow politicians (FDR and LBJ v. Carter and Ford)
• Party activists and officeholders outside Washington (grassroots)
• Can help raise money for campaigns
• The public
• But…speaking directly to the public comes with risks
BULLY PULPIT

• Impromptu remarks have become less common for

presidents
• FDR – 6-7 press conferences per month
• Nixon through Clinton – barely 1 per month
• Modern presidents rely more on formal speeches

• Bully pulpit – the president’s use of his prestige or visibility

to guide or enthuse the American public
WHY PUBLIC OPINION

• The president’s goal in trying to sway public opinion is to use this public
support to pressure Congress to act
• While we see little evidence of strong coattail effects, and most members of
Congress are secure in their seats, there is a general sense among members of
Congress that it is risky to adamantly oppose the policies of a popular president
• Other things equal, the more popular a president, the higher proportion of his bills Congress
will pass
• Problems with this measure: presidents who fail to take a stand on controversial issues,
presidents who pass a few bills while most never come to a vote, fails to measure
important vs. trivial bills
• Further, presidential popularity can be based on factors over which president has little
control (the economy, acts of terror, etc.)
DECLINING POPULARITY

• Most presidents see a decline in popularity over their tenure

(except Eisenhower, Reagan, Clinton in era since Truman
took office)
• Commentators like to speak of a “honeymoon” when a
president first takes office
• FDR very successful in passing legislation during his first 100 days,
others less so

• President’s party typically loses support in midterm elections,

as well
POWER TO SAY NO

• The President can say no to Congress in three important

ways: veto, executive privilege, and impoundment of funds
VETO

• Veto message – the president tells Congress he will not sign a bill it has
passed
• Must be produced within 10 days of bill’s passage

• Pocket veto – president does not sign a bill within 10 days and Congress
adjourns within that time (Must be the end of a particular Congress, after a
1972 lawsuit by Ted Kennedy)
• Not signed or vetoed within 10 days – automatically becomes law
• Override a veto – 2/3rds vote in each house of Congress
• President does not have line-item veto powers (and “enhanced rescission”
for spending bills declared unconstitutional)
EXECUTIVE PRIVILEGE

• President’s claim executive privilege to keep communications

between themselves and advisers private from the other branches of
government
• Separation of powers
• Statecraft and prudent administration concerns

• 1974 – US v Nixon – Supreme Court ruled that there is executive

privilege in some cases (especially diplomatic or military matters),
but it is not absolute
• Clinton scandals also shortened list of advisers to whom executive
privilege could be applied
IMPOUNDMENT OF FUNDS

• The Constitution is silent on whether the president must spend

funds that Congress appropriates, and from time to time the
president has refused to spend such funds
• Truman did not spend all Congress wanted spent on armed forces

• Budget Reform Act of 1974 – president must spend

Congressionally-appropriated money unless he tells Congress of
his plans to do otherwise and Congress, within 45 days, agrees to
delete the items
• Can still delay spending with only notice to Congress, but they can then pass
a resolution for immediate spending of the funds
SIGNING STATEMENTS

• Presidents have used signing statements to make comments

on bills
• Express presidential attitudes about a law
• Tell executive branch how to implement
• Comment on potentially unconstitutional portions of a law

• Have been criticized as de facto line-item vetoes

• Example:
https://www.whitehouse.gov/briefings-statements/statement
-president-donald-j-trump-signing-countering-americas-adv
ersaries-sanctions-act/
PRESIDENTIAL CHARACTER

• Citizens come to judge the president not just by what he

accomplishes, but also by some measure of his perceived
character
• Personality more important in explaining presidency than
the Congress
• Ex: Clinton was an effective public speaker, a moderate
Democrat who pushed to the center post-1994, personal
sexual relationships became huge issues in his 2nd term
PRESIDENTIAL CHARACTER

• Bush came to office as an “outsider,” ran a tight ship; a

religious man with a self-deprecating sense of humor
• Obama was a constitutional law professor who came to
public attention after an electrifying speech at the 2004
DNC; campaigned on a mantra of hope and change
• Trump?
• Each president brings a unique personality and unique life
experiences with him to the Oval Office
OFFICE OF THE PRESIDENT:
STRUCTURE
• President didn’t get his first publically-financed secretary until
1857 and didn’t get first Secret Service bodyguard until the
death of William McKinley (1901)
• Abe Lincoln often answered his own mail
• Today, of course, the president has literally hundreds of people
at his disposal
• White House assistants can generally be divided into 3 camps:
the White House Office, the Executive Office, and the cabinet
THE WHITE HOUSE OFFICE

• White House officeholders generally have titles such as

“counsel,” “special assistant,” etc., do not have to be
approved by the Senate, and can be hired and fired at will
by the president
• Bush White House – 400 staff members
• Part of president’s personal staff, advise him on policy and politics
• Usually have offices inside the White House

• Entity within the Executive Office, helmed by the Chief of

Staff
EXECUTIVE OFFICE

• Agencies in the Executive Office report directly to the

president, but do not have offices inside the White House
• Heads of these offices must be approved by the Senate
• Principle agencies of the Executive Office:
• Office of Management and Budget
• Director of National Intelligence
• Council of Economic Advisers
• Office of Personnel Management
• Office of the US Trade Representative
CABINET

• The president’s cabinet contains the heads of the 15

executive branch departments of the federal government
• At one time, the heads of the federal depts. met regularly to
discuss policy matters, but the body doesn’t really work that
way anymore
• Cabinet heads spend much of their time dealing with their
vast agencies
INDEPENDENT AGENCIES

• President also appoints people to around 4 dozen agencies and

commissions which exist outside of the cabinet and as such have a
somewhat independent status
• Heads of these agencies serve terms and generally can only be removed “with
cause”
• Ex: Federal Trade Commission, Federal Aviation Administration, Federal
Reserve

• Also appoints judges who generally serve for life (needs Senate
approval)
• “acting” appointments have been on the rise
WHO GETS APPOINTED TO THE
CABINET?
• Cabinet members often come from private business, universities, think
tanks, foundations, law firms, labor unions, and the ranks of former and
present members of Congress as well as past state and local government
officials
• Usually have some prior federal experience, “In-and-Outers” are common
• Cabinets gradually have come to focus on those with outside expertise
more than political following (unlike cabinet of say, Lincoln)
• Political considerations are necessary, as well
• Tension often between dept. heads and White House staff
PRESIDENTIAL PROGRAM

• An elected president must put together a program of governance, drawing from

sources such as interest groups, campaign advisers and aides, federal bureaus and
agencies, and outside experts
• Presidents will often “float” or “leak” ideas to get an idea of a measure of public
and Congressional support
• Presidential programs constrained by time, crises, and the ability for change in the
federal gov’t to, for the most part, only be made gradually
• Result: selectivity
• Presidents also rely on public opinion polls, sometimes to allow them to do what
the public wants, other times to tell them what language to use in appealing to
people
PRESIDENTIAL TRANSITION

• 8 times a vice president has assumed the office of president

following the death of the former president
• As VP, only formal duty is that of President of the Senate,
and to cast a vote in the event of a tie
• VPs have, following the tradition of John Tyler, assumed all
the power and acted as a traditional president (Congress
agreed, and this succession was later made law by the 25th
Amendment)
IMPEACHMENT

• A president may leave office before the end of his term

through death, disability, resignation, or impeachment
• Impeachment – charges against a president approved by the
majority in the House of Representatives
• Must be convicted by 2/3rds vote in Senate, trial presided
over by Chief Justice
• Andrew Johnson, Bill Clinton, and Donald Trump – only
presidents ever to be impeached (none convicted)
FOR MORE INFORMATION

• Select graphics copyright American Government:

Institutions and Policies by Wilson, DiIulio, and Bose