|
The presidential power paradigm is a
complex approach to the study of presidential power. Now that we
have explored all aspects of the presidency, let's look at some of the
interactions. The institutional connection explores how presidential
actions affect relationships with the other branches of government.
While presidential actions affect the bureaucracy and certainly affect
relations with the Court (remember the Supreme Court can declare acts of
the President unconstitutional!) the primary relationship explored by
scholars is that between the President and the Congress!
The relationship between the two
branches of government is inherently strained. This is due, of course, to
the notions of separation of powers and checks and balances embedded in
the Constitution by the Founding Fathers. The cornerstone of the
relationship was to be distrust:
But the great security against a gradual concentration of the several
powers in the same department consists in giving to those who administer
each department the necessary constitutional means and personal motives to
resist the encroachments of the others...Ambition must be made to
counteract ambition. The interests of the man must be connected with the
constitutional rights of the place. (Federalist 51)
Far from remaining a static balance of distrust however, the
"pendulum" has swung back and forth between a more powerful
president and a more powerful Congress. Some argue that the
"balance" envisioned by the Founding Fathers 200+ years ago is
irrelevant today. They argue that the nature of the problems of
contemporary society and the contemporary world make the Founder's vision
of balance erroneous. Today, they argue, the balance (pendulum) needs to
be on the side of a stronger President. That is not necessarily the case
however. Events of the past three decades (Watergate, etc.) have made both
the Congress and the American people distrustful of strong presidents. And
yet.....Americans also want decisive action.
Sources
of Presidential-Congressional Conflict
1) the
different constituencies of Congress and the President
the inability of anyone to speak for all Congress (or virtually even for
their own party in Congress) while President speaks for "the
nation"
2) the nature of elections for Congress vs.
elections for the Presidency
A) Congresspersons as electoral entrepreneurs who virtually
disregard their political party. The dominance of nonparty sources of
funding, the dominant role of constituent service all leads to a lack of
party loyalty and discipline.
B) the lack of presidential coattail effects
3) "the growth of divided
government"
Critics argue that divided government renders unworkable an already
cumbersome, slow and inefficient political system. Some even argue that
federal deficit can be traced to the 1980s divided government where each
side "played chicken" hoping to see the other side back down!
They also argue that divided government made electoral accountability
difficult since voters could (and did) hold both sides responsible for
deficits.
Defenders say divided government is not that bad. It tends to make
government less "ambitious". They also argue that it is a way
for Americans to create the multiparty coalition governments of
parliamentary systems! (Did you know that American voters were that
clever???).
4) the inherent organizational weakness of
Congress
committee and subcommittee systems, lack of party discipline, weak
leaders
The President's Legislative
Powers
through both the formal powers vested in him by the Constitution
and the laws and the informal resources available to him the president has
legislative powers
Formal powers
1) ability to call special sessions
not very important since Congress is in virtually constant session
now--
best example, FDR's first 100 days
2) messages
sate of the union, etc. Media dominance gives president the
ability to attempt to shape the agenda
3) the veto power
After passage of a bill, 3 options are available to a president:
1) sign it into law;
2) veto it
3) take no action (it then becomes law in 10 days
(If Congress adjourns during that 10 day period it does not become
law---the "pocket veto")
Presidential Veto Table
| President |
reg
veto |
pocket
veto |
total |
over-
ridden |
% |
| FDR (33-45) |
372 |
263 |
635 |
9 |
1.4 |
| Truman (45-53) |
191 |
67 |
258 |
12 |
4.7 |
| Eisenhower (53-61) |
79 |
109 |
188 |
2 |
1.1 |
| Kennedy (61-63) |
12 |
9 |
21 |
0 |
0 |
| Johnson (63-69) |
18 |
11 |
29 |
0 |
0 |
| Nixon (69-74) |
26 |
17 |
43 |
7 |
16.3 |
| Ford (74-77) |
49 |
19 |
68 |
12 |
17.6 |
| Carter (77-81) |
13 |
18 |
31 |
2 |
6.5 |
| Reagan (81-89) |
41 |
27 |
68 |
8 |
11.8 |
| Bush (89-92) |
20 |
4 |
24 |
0 |
0 |
The threat of a veto vs. actual veto
How do presidents influence the legislative process? (Ie., rather than
shaping the agenda beforehand or vetoing afterward, how do presidents
attempt to get the legislation they want?)
1. Indirectly, presidents can:
a) go over the head of Congress in an attempt to get the public to
pressure Congress to pass the legislation the President wants. This often
happens in "divided government"
b) marshall interest group forces to apply leverage to Congress
2. Directly, the President can employ:
a) favors (easy to do for a small number but impossible when vast
numbers of votes are needed)
b) attempt to manage the whole process through congressional liason staff
(easier to do in "unified rather than divided government")
Categories of
Presidential-Congressional Relations Strategies:
1) bargaining (all)
2) armtwisting (LBJ was the archetypal
armtwister--
he used embarassment,
threats, reprisals)
3) confrontation (Nixon)
4) detachment (Eisenhower)
Passive-presidents emphasize detachment and bargaining. While
active-positive presidents tend to employ all of these strategies as the
situation demands whereas active-negatives tend to focus on armtwisting
and confrontation.
Roots of the
popular connection
Citizen attitudes towards the
presidency are rooted in early childhood.
Over time, many studies of
children's relationship to the president have focused upon the following
discoveries:
1. The child's initial point of
contact with the political system is the President
(by 4th grade nearly
90% of children can identify the President by name)
2. The first step in the
socialization process is done without evaluation
3. When evaluation is ascribed (ie.
Pres is "good" or "bad") it is a reflection
of the parents evaluation, not
the child's
4. The president is initially
"personalized" (ie., he gives things) but as child
grows the evaluation becomes more
sophisticated
By the time people reach
adulthood they possess a more sophisticated view
although elements of early
socialization are evidenced:
1. Views of the President are
still generally benign
2. Although adult assessment of
performance varies, the overall
assessment of presidential
performance is generally favorable
3. Crisis in American politics
(especially foreign crisis) brings about
a rallying around the president
4. Citizens seem to perceive and
evaluate the President as a person
rather than in terms of policy
commitments, skill, and record
|