Fall 2021

The American Presidency

September 15, 2021

Lecture #2
Ronald Christie

1
The American Presidency
 Class Tonight!

Materials to Cover:
• Thoughts from Last Week.
• What Is The Modern American
Presidency and How did We Get Here?
• Constitutional Convention/The
Federalist Papers – Evolution of
Constitution.
So Where Are We on
September 15, 2021?
 Sadly, 1-500 Americans has
died of Covid-19 in the last 19
Months.
Follow-up
from our
9/11
Discussion
Last Week
 The impact of a 50/50 Senate
1 1 7 t h S E N AT E PA R T I S A N M A K E U P P R E V I O U S 5 0 / 5 0 S P L I T S I N S E N AT E H I S TO RY

 A 50/50 split has only happened three times: 1881, 1953, and 2001
 The last split ended in May 2001 when Sen. Jim Jeffords (VT) switched parties
to caucus with the Democrats, giving them an outright majority
 In 2001, during the short period in which the Senate was split, leaders
negotiated a power-sharing agreement
100  Under the 2001 agreement, Republicans held committee chairs, but
Seats committee composition and resources were split evenly
 When committee votes tied, Republicans could still bring bills or nomination
50 Democrats* 50 Republicans to the full Senate for consideration
51 votes needed for majority
Vice President Harris (D) will break tie votes
I M PA C T S O N T H E 1 1 7 T H S E N AT E

 Biden will likely still be able to quickly confirm executive nominations

1 1 7 T H S E NAT E L EA D E R S  Democrats are unlikely to revoke the filibuster, so will be limited in options
 Policy pathways Democrats can use with a simple majority:
 Congressional Review Act to overturn late Trump-era regulations
 Budget reconciliation, which is limited in scope
 Senators at the edge of their caucus will hold outsized influence:
Majority Leader Minority Leader  Sinema (D-AZ), Manchin (D-WV), Murkowski (R-AK), Collins (R-
Chuck Schumer (D-NY) Mitch McConnell (D-KY)
ME), and Romney (R-UT)

*Independent Sens. Bernie Sanders (I-VT) and Angus King (I-ME) caucus with the Democrats
S O U R C E The Cook Political Report, Politico, The Wall Street Journal, The Atlantic, The Washington Post
S L I D E L A S T U P D A T E D O N 1/13/21
 Key takeaways from the 117th Congress’ Senate power-sharing
agreement
1 Similarity to the 2001 power-sharing agreement
 The resolution mirrors the 107th Senate’s rules agreement; the last time the chamber was evenly split
 Democrats can assume leadership roles, seat their new members on committees, and take over committee
chairmanships
 Each party will have an equal number of committee seats, and equal access to committee funding and office
space
 Democrats will have the ability to set the schedule for nominees and legislation to come to the Senate floor for
a vote

2 Sen. Schumer and Sen. McConnell’s written colloquy

 The Democratic and Republican leaders entered an informal understanding into the record that addressed a
need for bipartisanship
 Sen. Schumer (D-NY) pledged that he would not limit other members from offering and receiving votes on
amendments unless the process prevented the body from acting
 Sen. McConnell (R-KY) stated that he would strive to avoid protracted debate on votes with significant
bipartisan support

3 Filibuster not included in the resolution

 Sen. McConnell initially held up the power-sharing agreement until Democratic leaders committed to
preserving the 60-vote threshold as part of their organizing resolution
 Sens. Manchin (D-WV) and Sinema (D-AZ) publically stated their intention to keep the filibuster, and it was
dropped from the agreement discussions
S O U R C E Politico, Vox, The Wall Street Journal, Bloomberg
S L I D E L A S T U P D A T E D O N 2/4/21
President Biden has signed 36 bills into
law
Legislation tracker
BILLS SIGNED INTO LAW BY PRESIDENTS THROUGH AUGUST 12 OF THEIR FIRST TERM

Non-CRA legislation CRA legislation Ceremonial legislation

Significant legislation signed by Biden

B 25 3 8
• H.R. 1319 – American Rescue Plan Act of
2021
• S. 937 – COVID-19 Hate Crimes Act
• H.R. 3237 – Emergency Security
T 21 14 10
Supplemental Appropriations Act, 2021

O 34 14

13 1 10

Cli 59

Ceremonial laws include those that rename buildings, award medals, designate special days, authorize commemorative coins or otherwise memorialize historic events
S O U R C E Congress.gov
P R E S E N T A T I O N C E N T E R 8/12/21
 Biden has signed 55 executive orders in over seven months in office

Total Executive orders signed by President

■ Total number of EOs signed in their Presidency*

B 55

T 220

O 276

291

Cli 364

*Only includes executive orders, graph does not include other forms of executive action (proclamations, memorandums, or discretionary executive actions)
S O U R C E The White House, The American Presidency Project
S L I D E L A S T U P D A T E D O N 9 /2/21
The executive order is a tool that has been used by almost every president since
George Washington

What is an executive order?

Executive order: An official document signed by the president declaring government policy
• The purpose of an executive order is to give instructions to government agencies and departments about how
to execute and enforce legislation
• In recent years executive orders have been used more broadly to instruct agencies and departments how to
operate in certain policy areas

• Courts may declare executive order unconstitutional if it oversteps the

executive power granted by law
Judiciary • Judges may postpone enforcement of executive order until a final
Checks by judgement has been made
other
government
branches • Congress may pass legislation revoking or modifying the powers it gave to
a president through previous legislation
Congress
• If vetoed by the president, Congress can override with 2/3 majority vote
in both chambers

S O U R C E National Journal
S L I D E L A S T U P D A T E D O N 1/20/21
 Biden tax agenda
In a sentence: Biden plans to increase taxes on businesses, wealthy individuals, and
investors. The hikes on businesses will pay for infrastructure and clean energy, while the
others will pay for domestic priorities like childcare and pre-kindergarten.

TA X H I K E S O N B U S I N E S S E S TA X H I K E S O N I N D I V I D UA L S A N D
INVESTORS
 Raise the corporate tax rate from 21% to 28%  Raise the highest rate of income tax from 37%
 Trump permanently reduced this rate to 39.6%
from 35% to 21% in the 2017 TCJA  This won’t affect anyone earning
 Limit tax preferences for “pass through” less than $400,000 per year
companies like limited-liability companies or  Increase tax on wealthy investors
partnerships  Rep. Fazio (D-OR) has proposed a
 Treasury Secretary Janet Yellen Increase the financial transactions tax, and Biden
global minimum tax from 13% to 21% supports investigating one
 Treasury Secretary Janet Yellen has been  Increase capital gains tax for those earning
in discussions with her global over $1 million
counterparts about this  Biden wants to increase the maximum
 End federal subsidies for fossil fuel companies rate of CGT from just over 20% to
 Force multinational corporations to pay the US nearly 40%
tax rate instead of lower rates that foreign  Broaden the scope of the estate tax
subsidiaries pay

$2.1 trillion* $60 billion

The amount that Biden’s tax plan will raise, Of Biden’s $1.9 trillion American Rescue
the Tax Policy Center estimates Plan was funded through tax hikes
*This estimate is based on Biden’s tax plan during his campaign
S O U R C E Washington Post, Investopedia, Bloomberg, GovTrack, Tax Policy Center, CNBC, CNN, Forbes.
Z A C W E I S Z 3/24/21 12
House Ways and Means tax proposals for the
budget reconciliation package

Raise the top marginal Raise capital gains tax Change regulations around Force financiers to hold onto
income tax rate from from 20% to 25% “mega IRA accounts” that income for at least five years
37% to 39.6% would require the ultra-rich to before paying the lower
pay more in taxes capital gains rate

Impose a tiered corporate Increase the tax on foreign Treat cryptocurrency the same Impose a 3% surtax on
tax rate, with the top rate at earnings from 10.5% to as other financial instruments individuals earning over $5
26.5% for firms making 16.5625%, and the FDII rate million
over $5M from 13.125% to 20.7%

Double the existing excise tax Cap deductions for pass- Cut the value of estates exempt Hand nearly $80 billion in
on cigarettes, cigars, and through businesses to a from estate taxes in half extra funding to then IRS to
tobacco, and impose taxes on maximum of $500,000 improve tax enforcement
other nicotine products

S O U R C E Washington Post, New York Times, Wall Street Journal, House Ways and Means Committee.
P R E S E N T A T I O N C E N T E R 9/14/21
 Areas where the House proposal
differs from Biden’s initial tax plans
Biden’s proposal
Corporate tax Increase the rate to 28%
Capital gains tax Increase the top rate to 39.6%, in line with
the top rate of income tax
Tax on foreign Double it to 21%
earnings
FDII deduction Fully remove the deduction
Tax enforcement Create a new information reporting system
to increase transparency, helping the IRS
raise an extra $700 billion
Step-up in basis Remove the step-up in basis at death for
gains above $2.5 million
Carried interest Close the loophole entirely
Tobacco tax No change; promise to not increase taxes for
those earning less than $400k
S O U R C E New York Times, Wall Street Journal, CNBC.
P R E S E N T A T I O N C E N T E R 9/14/21
House plan
Increase the rate to 26.5% for companies
with incomes above $5M; reduce the rate for
those earning less than $400k to 18%
Increase the top rate to 25%
Raise it to 16.5625%
Halve the deduction from 10% to 5%
Does not create a new system, but invests in
enforcement only; the extra IRS funding will
now only raise an estimated $200 billion
Maintain the step-up in basis
Adjust the loophole by forcing beneficiaries
to hold onto assets for five years before
claiming as capital gains
Doubles the excise tax on tobacco; the White
House sees this as an avoidable cost, so
doesn’t violate the promise
Arguments for and against raising capital
gains tax
Support for the hike YES Opposition to the hike NO

1 Disperses wealth in a concentrated 1 Losses aren’t fully deductible

nation  One can only deduct $3,000 of losses against
 As of 2016, the top 1% held 29% of all personal income, even when an investor loses
household wealth in the US, more than the more than they gain in a given year
middle 60% of Americans combined  This added risk of investing justifies the lower
 America has greater income inequality than CGT rate
any other major democratic nation
2 The proposal does not take inflation into
2 Puts tax on work and wealth on a more account when taxing capital gains
level footing  By contrast, income tax brackets are adjusted
 CGT will still be lower than income tax for inflation

3 The surtax targets the richest 3 The surtax would have limited impact
 The proposed 3% surtax wouldn’t have a wide
 In exchange for a lower increase in the CGT,
effect, since most of the richest individuals earn
the House proposed a 3% surtax on those
little in wages
earning over $5 million

Key quote Key quote

“We need to do something about equalizing the taxation “[The capital gains tax plan] is going to cut down on
of work and wealth in this country.” investment and cause unemployment.”

BRIAN DEESE, NEC DIRECTOR SEN. CHUCK GRASSLEY (R-IA)

S O U R C E CAP, Brookings Institution, Investopedia, University of Pennsylvania, Politico, Wall Street Journal, Tax Foundation, Bloomberg, Washington Post, New York Times.
Z A C W E I S Z 9/15/21
WHEN TALKING ABOUT THE PRESIDENCY WE
MUST START HERE….
But Before We
Go There…We
Must Start Here
w/Evolution of
Modern
Presidency
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• BUT FIRST, HOW IS THIS SUPPOSED TO WORK?

• NO HARD AND FAST RULE AS TO THE EVOLUTION OF THE MODERN

PRESIDENCY BUT I WANT TO FRAME THIS IN THE CONTEXT OF THE
20TH/21ST CENTURIES BEFORE WE HEAD BACK TO SEE WHAT THE
FRAMERS GRAPPLED WITH.

• I WANT TO DO THIS IMMEDIATELY SO THAT YOU CAN REFLECT TO

WHAT YOU READ/SEE REGARDING THE 45TH PRESIDENT SO YOU CAN
UNDERSTAND WHO SOME OF THE PLAYERS ARE WHO SURROUND THE
PRESIDENT.

• I’D START OUR JOURNEY WITH THE PRESIDENCY OF FDR.

The Roosevelt Room in the WH…Who
is in Power?
The Roosevelt Room in the White House
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• ON SEPTEMBER 8, 1939 FDR ISSUED E.O. 8248 WHICH

CREATED THE EXECUTIVE OFFICE OF THE PRESIDENT.

• “By virtue of the authority vested in me by the

Constitution and the Statutes, and in order to
effectuate the purposes of the Reorganization Act of
1939…it is hereby ordered as follows: There shall be
within the Executive Office of the President the
following principal divisions, namely (1) The White
House Office.”
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• I WANTED YOU TO SEE THIS BECAUSE THE TERM ”WHITE HOUSE OFFICE” 1 ST
APPEARED IN THE 1940 APPROPRIATIONS BILL BUT THERE WERE NO SPECIFIC
DUTIES ASSIGNED TO THIS EOP BY THE CONGRESS.

• SINCE ITS CREATION, CONGRESS HAS ONLY DESIGNATED DUTIES FOR THE EOP 3
TIMES.

– 1. NATIONAL SECURITY ACT OF 1947 CREATED THE NATIONAL SECURITY COUNCIL;

– 2. HOMELAND SECURITY ACT OF 1947 CREATED THE HOMELAND SECURITY COUNCIL WITHIN
THE WH AND

– 3. PRESIDENT, VICE PRESIDENT, PRESIDENT ELECT AND VP ELECT ARE REQUIRED BY LAW TO
HAVE SECRET SERVICE PROTECTION - 18 USC 3056 (JANUARY 3, 2012.

– THAT’S IT!
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• SO WHAT IS THIS WHITE HOUSE OFFICE AND WHAT DO THEY DO? WE’LL GET
INTO GREATER DETAIL OVER THE COURSE OF THE SEMESTER BUT I WANTED TO
SHARE THE MAJOR ENTITIES THAT SUPPORT THE MODERN PRESIDENT

• CONGRESS DID PASS A STATUTE IN 1994 THAT REQUIRES THE WHO TO SEND
LIST OF ALL NAMES/EMPLOYEES….

• OFFICE OF THE VICE PRESIDENT (OVP)

• DOMESTIC POLICY COUNCIL (DPC)
• NATIONAL ECONOMIC COUNCIL (NEC)
• NATIONAL SECURITY COUNCIL (NSC)
• HOMELAND SECURITY COUNCIL (HSC)
• OFFICE OF MANAGEMENT AND BUDGET (OMB)
• USTR (UNITED STATES TRADE REPRESENTATIVE)
 Executive Office of the President: White
House office
Deputy CoS for Operations
President of the United States
Deputy CoS for Policy
Joe Biden
Coordination
Chief of Staff Senior Advisor to the Chief of
Staff

Deputy Chief of Staff

Advisor to the Senior Advisor for Special Rep. for Intl.

Senior Advisor Senior Counselor Counselor
President Policy Negotiations
Advisor to the Sen. Domestic Policy CoS to the Senior Office of Pres.
CoS to the Advisor
Advisor Council Counselor Personnel
Office of American
Innovation Office of Public
Liaison
Oval Off. Nat. Security National Econ. White House
Advisor Council Counsel Office of Political
Operations
Communications Affairs
Office of Digital Office of Cabinet Office of Leg. Intergovern.
Strategy Affairs Affairs Affairs
Press Secretary
Office of the First Scheduling and
Staff Secretary Information Tech. Strat.
Lady Advance
Communications
Trade & Management & Dir. of Social
Military Office Media Affairs
Manufacturing Admin. Media
*Boxes with sub-agency departments refer to the head of that department
White House office structure may vary with administration
None of the positions listed require Senate confirmation
S O U R C E The Washington Post, US Department of the Interior
P R E S E N T A T I O N C E N T E R 1/19/21
Chief of Staff Ron Klain profile
BIOGRAPHY

A longtime Democratic aide, strategist, and trusted Biden adviser,

Klain is a sought-after voice on the COVID-19 pandemic crisis
• Extensive background in law, politics, and the private sector working as a top
aide to Vice Presidents Al Gore and Joe Biden; now works on the Biden
campaign and as General Counsel and EVP of investment firm Revolution
• Began professional relationship with Biden on the Senate Judiciary
Committee; chief counsel during Biden’s chairmanship from 1989-1992
• As Vice President Gore’s chief of staff, helped his boss navigate Pres.
CHIEF OF STAFF, VP JOE BIDEN Clinton’s impeachment while positioning him to run for president
2009-2011
• Played a central role in overseeing the 2009 stimulus package under then-
CHIEF OF STAFF, VP AL GORE Vice President Biden
1995-1999
• Appointed by President Obama in 2014 to be the WH “Ebola Czar” for his
DATE OF BIRTH crisis-management skills; efforts to contain Ebola considered successful
8/8/1961 (Age: 59)
• In his role with Revolution, Klain has joined CEO Steve Case on road trips to
HOMETOWN promote tech entrepreneurship across the country
Indianapolis, IN
• Advises the Biden campaign’s COVID-19 response as well as private sector
EDUCATION entities through his position at Revolution
Georgetown U., AB, 1983
Harvard Law School, JD, 1987 • In-demand interview subject for his pandemic expertise; has consistently
FAMILY
called for a more unified, aggressive federal COVID-19 response
Wife (Monica Medina); 3 children • Appointed by President-elect Joe Biden to be his White House chief of staff

S O U R C E National Journal; Vignette by National Journal

III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• THE WH IS RUN BY THE CHIEF OF STAFF,

WHO IS THE MOST SENIOR OF
COMMISSIONED OFFICERS.

• EXPLAIN CONCEPT OF COMMISSIONED

OFFICERS
Christie Swearing In As Commissioned Officer
Such An Amazing Day!!
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• BACK TO THE EVOLUTION OF THE MODERN STRUCTURE:

• IF THE EVOLUTION OF THE MODERN WH CAN BE TRACED TO FDR, THE

STRUCTURE OF THE MODERN WH IS LINKED TO PRES. EISENHOWER.

– IKE ALLOWED THE VP TO ATTEND BOTH THE CABINET AND NSC MEETINGS, VP
NIXON BECAME THE FIRST TO REGULARLY DO SO!

– HE CREATED THE POSITION OF WH COS/DEP. COS

– HE CREATED THE POSITION OF ASSISTANT TO THE PRESIDENT FOR NATIONAL
SECURITY AFFAIRS (NATIONAL SEC. ADV.)
– CREATED 1ST CABINET SECRETARIAT AND CONVENED CABINET REGULARLY TO
MEET TO DISCUSS DOMESTIC POLICY ISSUES.
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• BACK TO THE EVOLUTION OF THE MODERN STRUCTURE:

– IKE CREATED THE OFFICE OF THE STAFF SECRETARY WHICH WE’LL

DISCUSS SHORTLY AND HE EXPANDED THE OFFICE OF LEGISLATIVE
AFFAIRS.

– IKE BROUGHT THE WH INTO PEOPLE’S HOMES BY TELEVISING THE

WH PRESS BRIEFING AND…

– HE WAS 1ST PRESIDENT TO REGULARLY ARRIVE/DEPART SOUTH

LAWN OF WH VIA HELICOPTER – WHERE HE OFTEN WHEN TO THE
PRESIDNTIAL RETREAT NAMED CAMP DAVID AFTER HIS GRANDSON
President Bush Leaves WH for 1st Time after 9/11 Attacks
 III. SO WHAT IS THE MODERN
AMERICAN PRESIDENCY?

• BACK TO THE EVOLUTION OF THE MODERN STRUCTURE:

• NOT TO BE OUTDONE, JFK GAVE THE VP AN OFFICE IN THE WH AND AFTER

THE BAY OF PIGS FIASCO CREATED WH SITUATION ROOM.

• RONALD REAGAN CREATED THE WH OFFICE OF MANAGEMENT (OMB) WHILE

BUSH 41 CREATED AN OFFICE OF NATIONAL SERVICE WHILE PRESIDENT
CLINTON CREATED THE NEC.

• PRESIDENT BUSH CREATED THE OFFICE OF FAITH-BASED COMMUNITY

SERVICE AND THE USA FREEDOM CORPS WHILE CONGRESS STEPPED IN TO
CREATE THE HOMELAND SECURITY COUNCIL

• TALK STAFF SECRETARY BEFORE GETTING TO FRAMERS…

AND NOW, WE MUST START HERE….
Independence Hall – Philadelphia, Pennsylvania
Assembly Room – Independence Hall
Assembly Hall as Shown in History...
Amazing to Believe: Same Room for Signing of Declaration of
Independence in 1776....
...As Well of Ratification of Constitution 11 Years Later
 IV. James Madison’s Notes of the
Federal Convention

• HOW IS THIS SUPPOSED TO WORK?

• “THE QUESTION OF WHETHER THE NATIONAL

EXECUTIVE SHOULD BE UNITARY – A PERSON – OR
PLURAL – A GROUP OF PEOPLE – OCCASIONED THE
CONVENTION’S 1ST SERIOUS DEBATE ABOUT THE
NATURE OF THE EXECUTIVE IN THE NEW PLAN OF
GOVERNMENT THE DELEGATES WERE CREATING.”

• MICHAEL NELSON, INTRO., Pg. 1. Chapter 1.

 IV. James Madison’s Notes of the
Federal Convention

• NOTE THAT THE CONSTITUTIONAL CONVENTION DELEGATES MET FROM

MAY 25 – SEPTEMBER 17, 1787.

• CONSTITUTION ULTIMATELY RATIFIED ON JUNE 21, 1788.

• GOVERNMENT AGREED TO UNDER THIS CONSTITUTION WOULD

COMMENNCE ON MARCH 4, 1789.

• THIS IS QUITE IMPORTANT WHEN YOU CONSIDER THE REVOLUTIONARY

WAR STRETECHED FROM APRIL 19, 1775 – SEPTEMBRER 3, 1783.

• FOR NEARLY 5 YEARS, THE FOUNDERS GRAPPLED OF HOW BEST TO EQUIP

THE EXECUTIVE BRANCH IN A WAY THAT DIDN’T RESEMBLE THE
MONARCHY.
 IV. James Madison’s Notes of the
Federal Convention

• NOTE THAT MANY HISTORIANS BELIEVE THAT

THE PRESIDENCY ITSELF IS THE MOST
IMPORTANT AND ORIGINAL FEATURE OF THE
CONSTITUTION YET TO BE ADOPTED.

• OBVIOUSLY THIS ISN’T A CONSTITUTIONAL LAW

CLASS BUT THERE ARE SEVERAL ASPECTS OF
THIS IMPORANT CONVENTION I WANTED TO
HIGHLIGHT WITH YOU.
 IV. James Madison’s Notes of the
Federal Convention

• VA GOV. EDMUND RANDOLPH PRESENTED THEIR

PLAN (MADISON, OTHERS) ON MAY 29TH WITH A
PROVISION CALLING FOR A NATIONAL EXECUTIVE, A
NATIONAL LEGISLATURE AND A NATIONAL JUDICIARY.
FAMILIAR?

• RANDOLPH AND OTHER DELEGATES WERE

CONCERNED ABOUT THER POWER OF A SINGLE
EXECUTIVE – NOT UNLIKE THE KING – TO RULE – THE
“FOETUS OF MONARCHY” IN RANDOLPH’S VIEW.
The Virginia Plan
James Madison’s Notes of the Federal
Convention
GENERAL GEORGE
OF COURSE, WE KNOW FROM
WASHINGTON, THE MOST
MADISON’S NOTES THAT THE VA
ESTEEMED PERSON IN THE U.S.
DELEGATION KNEW THAT IF A
AT THIS POINT IN HISTORY,
UNITARY EXECUTIVE WERE TO
WOULD BE EASILY ELECTED AS
BE CHOSEN….
OUR 1ST PRESIDENT.

HERE, WE’LL SKIP FORWARD TO

SO THOSE WHO FAVORED
CH. 3 TO LOOK AT GEORGE
ADOPTION OF THE
MASON’S MAIN OBJECTIVES TO
CONSTITUTION WERE KNOWN
THE CONSTITUTION BEFORE
AS FEDERALISTS WHILE THOSE
LOOKING AT ALEXANDER
WHO OPPOSED IT WERE
HAMILTON’S REBUTTAL IN THE
KNOWN AS ANTI-FEDERALISTS.
FEDERALIST PAPERS.
FEDERALISTS V. ANTI-
FEDERALISTS
ALTHOUGH FROM VA, GEORGE MASON WAS ONE OF THE
AUTHORS OF THE ANTI-CONSTITUTION DOCUMENT “CATO.”

OF INTEREST HERE IS THAT HE ACTUALLY SIGNED HIS NAME

TO THE DOCUMENT – MANY POLITICAL PAMPHLETS AT
THIS POINT IN TIME WERE OFTEN WRITTEN UNDER A
PSEUDONYM.
MASON REFUSED TO SIGN THE VA DELEGATION DOCUMENT
PROMOTING ADOPTION OF THE CONSTITUTION WHILE
GEORGE CLINTON FROM NY LEFT MIDWAY THROUGH THE
PROCESS TO LODGE HIS SILENT PROTEST.
Think of the Significance of Important Political Actors Not Signing
their names to important documents of the time!!
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• MASON PUBLISHED HIS OBJECTIONS TO THE CONSTITUTION IN

OCT. 1787 AS VA CONSIDERED RATIFICATION OF THE DOCUMENT.

• WHILE MASON IS WELL KNOWN TO HAVE OBJECTED TO A BILL OF

RIGHTS IN THE CONST., HE HAD THE FOLLOWING OBJECTIVES TO
KEEP IN MIND:

– LACK OF PRESIDENTIAL COUNCIL CHOSEN BY HOUSE

– UNILATERAL PRESIDENTIAL PARDON POWER
– EXCLUSION OF HOUSE FROM TREATY MAKING/RATIFICATION
– THE EXISTANCE OF THE VICE PRESIDENT: “DANGEROUSLY BLENDING
THE EXECUTIVE AND LEGISLATIVE POWERS.
Let’s Break These Down...
Lack of a Presidential Council Chosen By House...
Unilateral Presidential
Pardon Power...
Exclusion of House
from Treaty
Making/Ratification
And of course, the existence of the Vice
President as “dangerously blending the
Executive and Legislative Powers ...”
SO APPARENTLY, GEORGE MASON WOULDN’T HAVE BEEN
PLEASED…
The Office of the President of the Senate...
The Office of the Vice President of the United States
This is Not a Distinction w/o a Difference....
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• MASON BELIEVED THE PRESIDENCY AS A

MONARCHY IN DISGUISE SURROUNDED BY A
ROYAL COURT. CONSIDER THE FOLLOWING:

• “THE PRESIDENT OF THE UNITED STATES

HAS NO CONSTITUTIONAL COUNCIL, A
THING UNKNOWN IN ANY SAFE AND
REGULAR GOVERNMENT….
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• “HE WILL THEREFORE BE UNSUPPORTED

BY PROPER INFORMATION AND ADVICE,
AND WILL GENERALLY BE DIRECTED BY
MINIONS AND FAVORITES; OR HE WILL
BECOME A TOOL TO THE SENATE – OR A
COUNCIL OF STATE WILL GROW OUT OF
THE PRINCIPAL OFFICERS OF THE GREAT
DEPARTMENTS;
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• “FROM THIS FATAL DEFECT HAS ARISIN THE

IMPROPER POWER OF THE SENATE IN THE
APPOINTMENT OF PUBLIC OFFICERS, AND THE
ALARMING DEPENDENCE AND CONNECTION
BETWEEN THAT BRANCH OF THE LEGISLATURE
AND THE SUPREME EXECUTIVE….”

• LET’S UNPACK AND DISCUSS….

 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• NOW TO ONE OF MY FAVORITES OF MASON’S

OBJECTIONS:

• “THE ESTABLISHMENT OF A VICE PRESIDENT IS AS

UN-NECESSARY AS IT IS DANGEROUS. THIS OFFICER,
FOR WANT OF OTHER EMPLOYMENT, IS MADE
PRESIDENT OF THE SENATE, THEREBY BLENDING
THE EXECUTIVE AND LEGISLATIVE POWERS,
BESIDES ALWAYS GIVING TO SOME ONE STATE, FROM
WHICH HE IS TO COME, AN UNJUST PRE-EMINENCE.”
“DID SOMEONE
SAY
ESTABLISHMENT
OF VP IS UN-
NECESSARY?”
The Delegates Struggled Between an Executive w/Too Much v. Too
Little Power.
Leading Us to
Federalists v.
Anti-Federalists...
IV. Such As....
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

THERE WERE 85 ESSAYS

THAT COMPRISED THE PRINCIPAL AUTHORS WERE
FEDERALIST PAPERS. THE ALEXANDER HAMILTON,
JOHN JAY? 5
ORIGINAL PLAN WAS TO JAMES MADISON AND JOHN
WRITE 25 ESSAYS OVER SIX JAY.
MONTHS.

AGAIN, BENDING TO THE

POLITICAL NORM AT THE
TIME, THEY WERE
ALEXANDER HAMILTON?
JAMES MADISON? 29 PUBLISHED UNDER THE
51!
PEN NAME “PUBLIUS”
WHEN THEY WERE
PUBLISHED IN 1787-1788.
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• FORTUNATELY FOR YOU, WE ONLY HAD

TO READ A HANDFUL OF THE
FEDERALIST PAPERS BUT I WANTED YOU
TO KNOW THAT THEY WEREN’T
ORIGINALLY KNOW AS THE FEDERALIST
PAPERS BUT “FEDERALIST” UNDER THE
PEN NAME OF PUBLIUS.
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• HAMILTON CHOSE THE NAME “PUBLIUS” TO

HONOR THE GREAT ROMAN PUBLIUS VALERIUS
PUBLICOLA – INSTRUMENTAL IN THE FOUNDING
OF THE ROMAN EMPIRE.

• HAMILTON FELT THAT HIS ASPIRATIONAL

LEADERSHIP WOULD BE INSTRUMENTAL IN
ESTABLISHING THE NEW AMERICAN REPUBLIC.
HE WOULD BE PROVEN CORRECT.
IV. FEDERALISTS V. ANTI-
FEDERALISTS

RECALL AGAIN THE

HAMILTON’S FOCUS ON THE
FEDERALIST PAPERS WERE
PRESIDENCY IS CONTAINED
PUBLISHED IN A SERIES OF NY
WITHIN FEDERALIST PAPERS
NEWSPAPERS FROM OCTOBER
69-77.
27, 1787 – MAY 28, 1788.

FEDERALIST 69 WAS
PUBLISHED ON MARCH 14,
1788 TO DIRECTLY ATTACK
AND REBUT THE CHARGE
THAT THE PRESIDENCY WAS
NOTHING MORE THAN THE
MONARCHY IN AMERICAN
CLOTHING.
IV. FEDERALISTS V. ANTI-
FEDERALISTS

FOR EXAMPLE, WHILE THE KING OF ENGLAND WAS A MONARCH

WHILE WHOSE TERM IN OFFICE WAS LIFETIME, HAMILTON WOULD ARGUE
THAT THE PRESIDENT WAS ELECTED TO A LIMITED TERM IN OFFICE.

WHILE THE KING COULD VETO ANY ACTION TAKEN BY THE

WHILE LEGISLATURE, THE CONGRESS IN AMERICA COULD OVER-TURN A
PRESIDENT’S VETO OF LEGISLATION.

WHILE PAPERS 70-73 WERE PUBLISHED THE FOLLOWING WEEK, 69

WHILE CONTAINS THE MOST FIRE AND FERVER FOR DEFENDING THE
CONSTITUTION.
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• AT THE SAME TIME, HAMILTON THOUGHT PAPERS 70-73

DESCRIBED THE HEART AND ESSENCE OF THE
PRESIDENCY – THE CHIEF VIRTUE OF WHICH WAS
ENERGY.

• THE 1ST COMPONENT OF ENERGY WE FIND IS IN 70,

WHERE HAMILTON ARGUES THAT THE SOLITARY DESIGN
OF THE EXECUTIVE PROVIDES THE PRESIDENCY W/THE
DESIRABLE ATTRIBUTES OF: ”DECISION, ACTIVITY,
SECRECY AND DISPATCH.” ALONG WITH “VIGOR AND
EXPEDITION.”
Energy!!
 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• HAMILTON FOUND HIS NEXT/2ND FORM OF ENERGY IN FEDERALIST 71 –

THE PRESIDENT’S DEFINED DURATION OF TIME IN OFFICE.

• HE BELIEVED THAT A 4 YEAR TERM WAS LONG ENOUGH FOR A

PRESIDENT TO WITHSTAND: “EVERY SUDDEN BREEZE OF PASSION OR…
EVERY TRANSIENT IMPULSE” THAT “AMBITIOUS” AND “AVARICIOUS”
DEMOGOGUES COULD IGNITE IN THE PEOPLE.

• MOREOVER, HAMILTON BELIEVED THAT THE 4 YEAR TERM IN OFFICE

COULD ALLOW THE PRESIDENT TO BE RESISTANT TO BEING BENT BY
THE WILL OF THE CONGRESS.

• WHAT DO YOU THINK?

 IV. FEDERALISTS V. ANTI-
FEDERALISTS

• MICHAEL NELSON TELLS US THAT THE ENERGY CONTAINED IN 72 IS A

CORROLARY TO 71 – DURATION IN OFFICE FOLLOWED BY ELIGIBILITY
FOR RE-ELECTION.

• HAMILTON ARGUED THAT: “THE DESIRE FOR REWARD IS ONE OF THE

STRONGEST INCENTIVES OF HUMAN CONDUCT…WOULD IT PROMOTE
THE PEACE OF THE COMMUNITY, OR THE STABILITY OF THE
GOVERNMENT TO HAVE HALF A DOZEN MEN WHO HAD CREDIT ENOUGH
TO BE RAISED TO THE SEAT OF THE SUPREME MAGISTRY, WANDERING
AMONG THE PEOPLE LIKE DISCONTENTED GHOSTS, AND SIGHING FOR
PLACE WHICH THEY WERE DESTINED NEVER MORE TO POSSESS?

• WHAT SAY YOU?