Prof. Bruno PierriProf. Bruno PierriLingua IngleseLingua Inglese

The United States GovernmentThe United States Government

December 11th, 2009December 11th, 2009

The PresidentThe PresidentPresidential Republic:Presidential Republic:

A)A) No distinction between Head of State and Head of Govt No distinction between Head of State and Head of Govt B)B) Executive Executive presidespresides separately from legislature, on which it separately from legislature, on which it

does not depend and which cannot dismiss it: no vote of does not depend and which cannot dismiss it: no vote of confidence in Congress confidence in Congress

C)C) President has fixed term of office. Elections at scheduled President has fixed term of office. Elections at scheduled times times Chief Executive responsible for running Federal Govt. Chief Executive responsible for running Federal Govt. Govt is called AdministrationGovt is called AdministrationCommander-in-Chief of Armed Forces: Power to initiate Commander-in-Chief of Armed Forces: Power to initiate (not declare) and direct war (not declare) and direct war Chief Diplomat: responsibility for both making and Chief Diplomat: responsibility for both making and implementing foreign policyimplementing foreign policyChief Legislator: President sets legislative agenda when Chief Legislator: President sets legislative agenda when he delivers “State of the Union Address” he delivers “State of the Union Address” Appointment of diplomats, federal judges and Justices, Appointment of diplomats, federal judges and Justices, with advice and consent of Senatewith advice and consent of Senate

State of the Union AddressState of the Union Address(Article II, Section 3, US Constitution)(Article II, Section 3, US Constitution)

Message President gives from time to time Message President gives from time to time (practically once a year) in Congress to (practically once a year) in Congress to outline legislative proposals for following outline legislative proposals for following year year

President not permitted to enter House President not permitted to enter House Chamber without explicit permission of Chamber without explicit permission of CongressCongress

Constitutional RootsConstitutional Roots1774-1789 No central Govt: Unicameral 1774-1789 No central Govt: Unicameral Continental Congress in charge of “Govt” Continental Congress in charge of “Govt”

A)A) No power to collect taxes, but only to No power to collect taxes, but only to request funds from States (first two request funds from States (first two years: $ 10 million requested, 1.5 given) years: $ 10 million requested, 1.5 given)

B)B) No power to regulate foreign and No power to regulate foreign and interstate tradeinterstate trade

C)C) No President No President

Constitutional RootsConstitutional RootsConstitutional Convention 1787: Constitution of the Constitutional Convention 1787: Constitution of the United States United States Delegates wanted to avoid risk of single executive Delegates wanted to avoid risk of single executive becoming a tyrant. Choice among: becoming a tyrant. Choice among: – Single seven-year-termSingle seven-year-term– Two three-year-termsTwo three-year-terms– Four-year-terms with power to veto acts of CongressFour-year-terms with power to veto acts of Congress

G. Washington established precedent by refusing to G. Washington established precedent by refusing to seek a third term. seek a third term. FDR only exceptionFDR only exception1951 XXII Amendment: no more than two terms1951 XXII Amendment: no more than two termsIf President dies or resigns, Vice President automatically If President dies or resigns, Vice President automatically becomes President. In this case, he/she can run twice if becomes President. In this case, he/she can run twice if the mandate starts after the mandate starts after two years of a term to which two years of a term to which some other person was elected Presidentsome other person was elected President (max. 10 years (max. 10 years in office) in office)

Presidential Succession and DisabilityPresidential Succession and DisabilityXXV Amendment: Order of Presidential XXV Amendment: Order of Presidential SuccessionSuccession

1)1) Vice PresidentVice President2)2) Speaker of the HouseSpeaker of the House3)3) President pro tempore of the SenatePresident pro tempore of the Senate4)4) Secretary of StateSecretary of State5)5) Secretary of the TreasurySecretary of the Treasury6)6) Secretary of Defence……..Secretary of Defence……..

ImpeachmentImpeachmentConstitutional sanction against abuse of Constitutional sanction against abuse of presidential powerpresidential powerHouse of Representatives decides by House of Representatives decides by majority vote to accuse President of majority vote to accuse President of “high crimes and misdemeanors” “high crimes and misdemeanors” Impeached President is then tried before Impeached President is then tried before Senate and removed by two-thirds voteSenate and removed by two-thirds voteHouse acts as Prosecutor, Senate acts as House acts as Prosecutor, Senate acts as Judge Judge

A)A) Nixon 1974Nixon 1974B)B) Clinton 1998Clinton 1998

President’s Powers to Limit CongressPresident’s Powers to Limit CongressEvery Bill approved by Congress must be Every Bill approved by Congress must be presented to President for approval (Art. I Sect 7 presented to President for approval (Art. I Sect 7 of Constitution)of Constitution)President has ten working days to decide President has ten working days to decide whether:whether:

A)A) Sign the Bill into law (it usually occurs)Sign the Bill into law (it usually occurs)B)B) Veto a Bill, which can be overriden by a two-third-Veto a Bill, which can be overriden by a two-third-

majority of both Housesmajority of both HousesC)C) Do nothing, thus allowing a Bill to become law Do nothing, thus allowing a Bill to become law

automatically after 10 days automatically after 10 days Pocket Veto: If Congress adjourns before 10 days Pocket Veto: If Congress adjourns before 10 days have expired and President has not signed the have expired and President has not signed the Bill yet. In this case, if President decides to veto a Bill yet. In this case, if President decides to veto a bill, Congress cannot override itbill, Congress cannot override it

The Power to Grant PardonsThe Power to Grant PardonsArticle II, Section 2 of Constitution: Article II, Section 2 of Constitution: President has power to grant reprieves and President has power to grant reprieves and pardons for offenses, except in case of pardons for offenses, except in case of impeachment – Nixon pardoned by Fordimpeachment – Nixon pardoned by Ford

Executive PrivilegeExecutive Privilege

Right of President to withold certain Right of President to withold certain information from Congress information from Congress

Based on Washington’s precedent, Based on Washington’s precedent, who refused to provide House with who refused to provide House with records on defeat of the army by records on defeat of the army by Ohio Indians, 1792 Ohio Indians, 1792

Foreign Policy PowersForeign Policy PowersPresident as the “sole organ of the federal Govt in President as the “sole organ of the federal Govt in the field of international relations” - US Supreme the field of international relations” - US Supreme Court 1936 Court 1936 After Vietnam, Congress adopted some laws to After Vietnam, Congress adopted some laws to limit Presidential powers on foreign policy limit Presidential powers on foreign policy Treaty: Agreement between two or more nations. Treaty: Agreement between two or more nations. US treaties require ratification by Senate with a US treaties require ratification by Senate with a two-thirds majority - League of Nations Treaty two-thirds majority - League of Nations Treaty never ratifiednever ratifiedExecutive Agreements. Negotiated between Heads Executive Agreements. Negotiated between Heads of State. No ratification required of State. No ratification required

- Carter’s agreement with Iran to release American Carter’s agreement with Iran to release American hostages, 1980-81. It trasferred all claims against hostages, 1980-81. It trasferred all claims against Iran from American to international tribunals Iran from American to international tribunals

Presidential War PowersPresidential War Powers

A)A) President: Commander-in-Chief of armed President: Commander-in-Chief of armed forces (Constitution Art. II)forces (Constitution Art. II)

B)B) Congress: authority to declare war Congress: authority to declare war (Constitution Art. I)(Constitution Art. I)In practice, a formal declaration of war is In practice, a formal declaration of war is not necessary to start a conflictnot necessary to start a conflictFirst President to use military force abroad First President to use military force abroad without formal declaration of war: without formal declaration of war: Jefferson 1801. US Marines to “the shores Jefferson 1801. US Marines to “the shores of Tripoli” to wipe out Barbary piratesof Tripoli” to wipe out Barbary piratesKorea/Vietnam/Cambodia/Afghanistan/Iraq Korea/Vietnam/Cambodia/Afghanistan/Iraq – No declaration of war– No declaration of war

Presidential Office:Presidential Office:

White House Staff White House Staff President’s closest advisers, led by Chief of President’s closest advisers, led by Chief of Staff. Not Ministers Staff. Not Ministers

Duties of White House Chief of Staff: Duties of White House Chief of Staff:

A)A) Responsible for overseeing actions of White Responsible for overseeing actions of White House staffHouse staff

B)B) Managing the President's scheduleManaging the President's schedule

C)C) Deciding who is allowed to meet President Deciding who is allowed to meet President Chief of Staff can act as President’s bad guy. Chief of Staff can act as President’s bad guy. R.H. Haldemann: “Every President needs a son R.H. Haldemann: “Every President needs a son of a bitch and I’m Nixon’s” of a bitch and I’m Nixon’s”

Executive OfficeExecutive OfficeOffices implementing President’s policiesOffices implementing President’s policies

A)A) National Security Council (NSC): to advice National Security Council (NSC): to advice and assist President on national security and assist President on national security and foreign policies and coordinate these and foreign policies and coordinate these policies among various Depts policies among various Depts

B)B) Council of Economic Advisers (CEA): Council of Economic Advisers (CEA): group of economists advising President group of economists advising President

C)C) Office of Management and Budget (OMB): Office of Management and Budget (OMB): preparing Presidents’ budget proposals preparing Presidents’ budget proposals and pushing them trough and pushing them trough

The CabinetThe CabinetPresidential advisers heading major Presidential advisers heading major departments – Ministersdepartments – Ministers

Cabinet members often chosen for public Cabinet members often chosen for public relations, reputation and symbolism (race, relations, reputation and symbolism (race, gender, geographic origins). No gender, geographic origins). No Congressmen Congressmen

President acts most often through his own President acts most often through his own Executive Office rather than through Executive Office rather than through Cabinet Cabinet (in this case he can avoid (in this case he can avoid bureaucracy and keep secrets more easily)bureaucracy and keep secrets more easily)