Chapter eleven: the presidency



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Chapter 11

CHAPTER ELEVEN: THE PRESIDENCY


PEDAGOGICAL FEATURES

p. 370 Table 11.1: Recent Presidents



p. 373 You Are the Policymaker: Should President Clinton Have Been Convicted?

p. 376 Table 11.2: Constitutional Powers of the President

p. 378 Table 11.3: The Cabinet Departments

p. 380 Figure 11.1: Executive Office of the President

p. 381 Figure 11.2: Principal Offices in the White House

p. 384 Table 11.4: Presidential Vetoes

p. 387 Table 11.5: Congressional Gains or Losses for the President’s Party in Presidential Election Years

p. 388 Table 11.6: Congressional Gains or Losses for the President’s Party in Midterm Election Years

p. 401 Figure 11.3: Average Yearly Presidential Approval

p. 406 Issues of the Times: Who Controls White House News?

p. 408 Making a Difference: Helen Thomas



p. 410 How You Can Make a Difference: The Fast Track to the White

House

p. 412 Real People on the Job: Karen Ewing



p. 413 Get Connected

p. 413 Internet Resources



p. 414 For Further Reading


LEARNING OBJECTIVES

After studying this chapter, students should be able to:



  • Describe the constitutional process of impeachment and explain why it is so difficult to remove a discredited president before the end of his term.




  • Outline the procedures established in the Twenty-fifth Amendment to deal with presidential succession and presidential disability.




  • Trace the evolution of the presidency from the limited office envisioned by the framers to the more powerful contemporary office.




  • Identify the major offices and positions that serve as key aides and advisors to the president.




  • Examine the ways in which the American system of separation of powers is actually one of shared powers.




  • Identify the powers that lead us to refer to the president as chief legislator.




  • Review methods by which presidents may improve their chances of obtaining party support in Congress.




  • Summarize the constitutional powers that are allocated to the president in the realm of national security.




  • Identify and review major roles and functions of the president such as chief executive, chief legislator, commander in chief, and crisis manager.




  • Determine the role that public opinion plays in setting and implementing the president’s agenda.




  • Describe the methods used by presidents and their advisors to encourage the media to project a positive image of the president’s activities and policies.




  • Examine the impact that changing world events (such as the transition from the 1950s and 1960s to the era of Vietnam and Watergate) have had on public debate over whether a “strong” president is a threat or a support to democratic government.


CHAPTER OVERVIEW

INTRODUCTION
This chapter examines how presidents exercise leadership and looks at limitations on executive authority. Americans expect a lot from presidents (perhaps too much). The myth of the president as a powerhouse distorts the public’s image of presidential reality.
Presidents operate in an environment filled with checks and balances and competing centers of power. Other policymakers with whom they deal have their own agendas, their own interests, and their own sources of power. To be effective, the president must have highly developed political skills to mobilize influence, manage conflict, negotiate, and build compromises. Political scientist Richard Neustadt has argued that presidential power is the power to persuade, not to command.
THE PRESIDENTS
The American political culture’s strong belief in limited government, liberty, individualism, equality, and democracy generate a distrust of strong leadership, authority, and the public sector in general.
Most presidents reach the White House through the electoral process. About one in five presidents assumed the presidency when the incumbent president either died or (in Nixon’s case) resigned. Almost one-third of twentieth-century presidents have been “accidental presidents.”
Removing a discredited president before the end of a term is a difficult task. The Constitution prescribes the process through impeachment, which is roughly the political equivalent of an indictment in criminal law. (The term “impeachment” refers to the formal accusation, not to conviction.) Only two presidents have been impeached. Andrew Johnson narrowly escaped conviction in 1868 on charges stemming from his disagreement with radical Republicans. In 1998, the House voted two articles of impeachment against President Clinton on party-line votes. The public clearly opposed the idea, however, and the Senate voted to acquit the president on both counts in 1999. In 1974, the House Judiciary Committee voted to recommend the impeachment of Richard Nixon as a result of the Watergate scandal. Nixon escaped a certain vote for impeachment by resigning.
The Twenty-fifth Amendment clarified some of the Constitution’s vagueness about presidential disability and succession. The amendment permits the vice president to become acting president if the vice president and the president’s cabinet determine that the president is disabled or if the president declares his own disability, and it outlines how a recuperated president can reclaim the office. Provision is also made for selecting a new vice president when the office becomes vacant. In the event of a vacancy in the office of vice president, the president nominates a new vice president who assumes the office when both houses of Congress approve the nomination.

PRESIDENTIAL POWERS
The contemporary presidency differs dramatically from the one the framers of the Constitution designed in 1787. The executive office they conceived of had more limited authority, fewer responsibilities, and much less organizational structure than today’s presidency. This chapter explores the relationship between presidential responsibilities and resources by examining how contemporary presidents try to lead the nation.
The constitutional discussion of the presidency begins with these general words: “The executive power shall be vested in a president of the United States of America.” The Constitution says little else about presidential authority, going on to list only a few powers.
Institutional balance was essential to delegates at the Constitutional Convention. There is little that presidents can do on their own. They share executive, legislative, and judicial power with the other branches of government.
Today there is more to presidential power than the Constitution alone suggests, and that power is derived from many sources. The role of the president changed as America increased in prominence on the world stage, and technology also helped to reshape the presidency. Presidents themselves have taken the initiative in developing new roles for the office. Various presidents enlarged the power of the presidency by expanding the president’s responsibilities and political resources.
RUNNING THE GOVERNMENT: THE CHIEF EXECUTIVE
One of the president’s most important roles is presiding over the administration of government. The Constitution merely tells the president to “take care that the laws be faithfully executed.” Today, the federal bureaucracy includes 4.5 million civilian and military employees and spends more than $1.7 trillion annually.
One of the resources for controlling the bureaucracy is the presidential power to appoint top-level administrators. New presidents have about 300 high-level positions available for appointment (cabinet and subcabinet jobs, agency heads, and other non-civil service posts), plus 2,000 lesser jobs. In recent years, presidents have paid close attention to appointing officials who will be responsive to the president’s policies. Presidents also have the power to recommend agency budgets to Congress—the result of the Budgeting and Accounting Act of 1921.
Although the group of presidential advisors known as the cabinet is not mentioned in the Constitution, every president has had one. Today, 13 secretaries and the attorney general head executive departments (and constitute the cabinet). In addition, individual presidents may designate other officials (such as the ambassador to the United Nations) as cabinet members.
The Executive Office of the President (established in 1939) is a loosely grouped collection of offices and organizations. Some of the offices are created by legislation, while others are organized by the president. The Executive Office includes three major policymaking bodies—the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget—plus several other units serving the president.
The White House staff includes the key aides the president sees daily—the chief of staff, congressional liaison people, press secretary, national security advisor, and a few other administrative political assistants. The 1939 report of the Brownlow Committee served as the basis for the development of the modern White House staff. Presidents rely heavily on their staffs for information, policy options, and analysis. Each president organizes the White House to serve his own political and policy needs, as well as his decision-making style.
Despite heavy reliance on staff, it is the president who sets the tone for the White House. It is the president’s responsibility to demand that staff members analyze a full range of options (and their likely consequences) before they offer the president their advice.
PRESIDENTIAL LEADERSHIP OF CONGRESS: THE POLITICS OF SHARED POWERS
The president is a major shaper of the congressional agenda, and the term chief legislator is frequently used to emphasize the executive’s importance in the legislative process. Presidents’ most useful resources in passing their own legislation are their party leadership, public support, and their own legislative skills.
The Constitution also gives the president power to veto congressional legislation. Once Congress passes a bill, the president may (1) sign it, making it law; (2) veto it, sending it back to Congress with the reasons for rejecting it; or (3) let it become law after 10 working days by not doing anything. If Congress adjourns within 10 days after submitting a bill, the president can simply let it die by neither signing nor vetoing it. This process is called a pocket veto.
Party leadership in Congress is every president’s principal task when countering the natural tendencies toward conflict between the executive and legislative branches. The primary obstacle to party unity is the lack of consensus among party members on policies, especially in the Democratic party. This diversity of views often reflects the diversity of constituencies represented by party members.
Although party leaders in Congress are predisposed to support presidential policies and typically work closely with the White House, they are free to oppose the president or to lend only symbolic support. Party leaders are not in a position to reward or discipline members of Congress on the basis of presidential support. The parties are highly decentralized, and national party leaders do not control nominations and elections.
Presidents who have the backing of the public have an easier time influencing Congress. Members of Congress closely watch two indicators of public support for the president—approval in the polls and mandates in presidential elections.
Public approval is the political resource that has the most potential to turn a situation of stalemate between the president and Congress into one that is supportive of the president’s legislative proposals. Widespread support gives the president leeway and weakens resistance to presidential policies, while lack of support strengthens the resolve of those inclined to oppose the president and narrows the range in which presidential policies receive the benefit of the doubt.
An electoral mandate—the perception that the voters strongly support the president’s character and policies—can be a powerful symbol in American politics. It accords added legitimacy and credibility to the newly elected president’s proposals. Merely winning an election does not provide presidents with a mandate. It is common after close elections to hear claims—especially from the other party—that there was “no mandate.” Even large electoral victories carry no guarantee that Congress will interpret the results as mandates, especially if the voters also elect majorities in Congress from the other party.
Presidents influence the legislative agenda more than any other political figure. No matter what a president’s skills are, however, the “chief legislator” can rarely exercise complete control over the agenda. Presidents are rarely in a position to create—through their own leadership—opportunities for major changes in public policy. They may, however, use their skills to exploit favorable political conditions to bring about policy change. In general, presidential legislative skills must compete with other, more stable factors that affect voting in Congress, such as party, ideology, personal views and commitments on specific policies, and constituency interests.
THE PRESIDENT AND NATIONAL SECURITY POLICY
Constitutionally, the president has the leading role in American defense and foreign policy (often termed national security). The Constitution allocates certain powers in the realm of national security that are exclusive to the executive. For example, the president alone extends diplomatic recognition to foreign governments (and the president can also terminate relations with other nations). The president has the sole power to negotiate treaties with other nations, although the Constitution requires the Senate to approve them by a two-thirds vote. Presidents negotiate executive agreements with the heads of foreign governments; unlike treaties, executive agreements do not require Senate ratification.
As the leader of the Western world, the president must try to lead America’s allies on matters of economics and defense. Presidents usually conduct diplomatic relations through envoys, but occasionally they engage in personal diplomacy. As in domestic policymaking, the president must rely principally on persuasion to lead.
Because the Constitution’s framers wanted civilian control of the military, they made the president the commander in chief of the armed forces. Although only Congress is constitutionally empowered to declare war and vote on the military budget, Congress long ago became accustomed to presidents making short-term military commitments of troops or naval vessels. In recent years, presidents have committed U.S. troops to action without seeking congressional approval.
Questions continue to be raised about the relevance of America’s 200-year-old constitutional mechanisms for engaging in war. Some observers are concerned that modern technology allows the president to engage in hostilities so quickly that opposing points of view do not receive proper consideration. Others stress the importance of the commander in chief having the flexibility to meet America’s global responsibilities and to combat international terrorism.
In 1973, Congress passed the War Powers Resolution over President Nixon’s veto. As a reaction to disillusionment about American fighting in Vietnam and Cambodia, the law was intended to give Congress a greater voice in the introduction of American troops into hostilities. The War Powers Resolution cannot be regarded as a success for Congress, however. All presidents serving since 1973 have deemed the law an unconstitutional infringement on their powers, and there is reason to believe the Supreme Court would consider the law’s use of the legislative veto (the ability of Congress to pass a resolution to override a presidential decision) to be a violation of the doctrine of separation of powers.
As chief diplomat and commander in chief, the president is also the country’s crisis manager. A crisis is a sudden, unpredictable, and potentially dangerous event. Most occur in the realm of foreign policy; quick judgments are often needed despite sketchy information.
With modern communications, the president can instantly monitor events almost anywhere. Because situations develop more rapidly today, there is a premium on rapid action, secrecy, constant management, consistent judgment, and expert advice. Since Congress usually moves slowly, the president has become more prominent in handling crises.
Although the president is the dominant force behind national security policy today, Congress also has a central constitutional role in making policy. The allocation of responsibilities for such matters is based upon the founders’ apprehensions about the concentration and potential for abuse of power. The founders divided the powers of supply and command: Congress can thus refuse to provide the necessary authorizations and appropriations for presidential actions while the chief executive can refuse to take actions favored by Congress. The role of Congress has typically been oversight of the executive rather than initiation of policy.
POWER FROM THE PEOPLE: THE PUBLIC PRESIDENCY
Perhaps the greatest challenge to any president is to obtain and maintain the public’s support. Because presidents are rarely in a position to command others to comply with their wishes, they must rely on persuasion. The necessity of public support leads the White House to employ public relations techniques similar to those used to publicize products.
Commentators on the presidency often refer to it as a “bully pulpit,” implying that presidents can persuade or even mobilize the public to support their policies if they are skilled enough communicators. Presidents frequently do attempt to obtain public support for their policies with speeches over the radio or television or speeches to large groups. All presidents since Truman have had media advice from experts on such matters as lighting, makeup, stage settings, camera angles, and even clothing.
Mobilization of the public may be the ultimate weapon in the president’s arsenal of resources with which to influence Congress. The modern White House makes extraordinary efforts to control the context in which presidents appear in public and the way they are portrayed by the press. The fact that presidents nevertheless are frequently low in the polls is persuasive testimony to the limits of presidential leadership of the public.
THE PRESIDENT AND THE PRESS
The press has become the principal intermediary between the president and the public, and relations with the press are an important aspect of the president’s efforts to lead public opinion. It is the mass media that provides people with most of what they know about chief executives and their policies.
Presidents and the press tend to come into conflict with each other. Presidents want to control the amount and timing of information about their administration, while the press wants immediate access to all the information that exists.
Bias is the most politically charged issue in relations between the president and the press. However, a large number of studies have concluded that the news media are not biased systematically toward a particular person, party, or ideology. Some observers believe that news coverage of the presidency often tends to emphasize the negative. On the other hand, one could also argue that the press is inherently biased toward the White House. A consistent pattern of favorable coverage exists in all major media outlets, and the president is typically portrayed with an aura of dignity and treated with deference. In fact, the White House can largely control the environment in which the president meets the press.
UNDERSTANDING THE AMERICAN PRESIDENCY
Because the presidency is the single most important office in American politics, there has always been concern about whether the president is a threat to democracy. During the 1950s and 1960s, it was fashionable for political scientists, historians, and commentators to favor a powerful presidency. In the wake of the Vietnam War and Watergate, many felt differently; the war and the Watergate scandal led to public distrust and caused people to reassess the role of presidential power. Concerns over presidential power are generally closely related to policy views. Those who oppose the president’s policies are the most likely to be concerned about too much presidential power.
It is often said that the American people are ideologically conservative and operationally liberal. In the past generation, the public has chosen a number of presidents who reflected their ideology and congresses that represented their appetite for public service. It has been the president more often than Congress who has objected to government growth.

CHAPTER OUTLINE

I. INTRODUCTION

A. Americans expect a lot from presidents (perhaps too much). The myth of the president as a powerhouse distorts the public’s image of presidential reality.

1. To accomplish policy goals, the president must get other people to do things they otherwise would not do.

2. The main reason presidents have trouble getting things done is that other policymakers with whom they deal have their own agendas, their own interests, and their own sources of power.

3. Presidents operate in an environment filled with checks and balances and competing centers of power.

B. To be effective, the president must have highly developed political skills to mobilize influence, manage conflict, negotiate, and build compromises. Political scientist Richard Neustadt has argued that presidential power is the power to persuade, not to command.


II. THE PRESIDENTS

A. The presidency is a highly personal office: The personality of the individual who serves as president does make a difference.

B. Americans are of two minds about the presidency.

1. They want to believe in a powerful president—one who can do good.

2. Americans do not like concentrations of power; they are basically individualistic and skeptical of authority.

C. How they got there.

1. Elections: the normal road to the White House.

a. Most presidents reach the White House through the electoral process (see Chapter 8).

b. Once in office, presidents are guaranteed a four-year term by the Constitution, but the Twenty-second Amendment (ratified in 1951) limits them to a maximum of two terms or ten years.

c. Only 11 of the 41 presidents before Bill Clinton have actually served two or more full terms.

2. The vice presidency: another road to the White House.

a. About one in five presidents assumed the presidency when the incumbent president either died or (in Nixon’s case) resigned; in the twentieth century, almost one-third have been “accidental presidents.”

D. Impeachment and Succession.

1. Removing a discredited president before the end of a term is a difficult task. The Constitution prescribes the process through impeachment, which is roughly the political equivalent of an indictment in criminal law. (The term “impeachment” refers to the formal accusation, not to conviction.)

2. The House of Representatives may impeach the president (and other civil officers) for “Treason, Bribery, or other high Crimes and Misdemeanors.” Impeachment requires a simple majority vote of the House.

3. If the House votes for impeachment, the accused president will be tried by the Senate.

a. The chief justice of the Supreme Court presides when a president is being tried; the vice president (as president of the Senate) will preside if a civil officer other than the president has been impeached.

b. The Senate may convict and remove the president by a two-thirds vote of the senators present.

4. Impeachment charges are heard first by the House Judiciary Committee or by a select committee, which makes recommendations to the full House.

a. The House impeached Andrew Johnson, Lincoln’s successor, in 1868 on charges stemming from his disagreement with radical Republicans. He narrowly escaped conviction.

b. In 1974, the House Judiciary Committee voted to recommend the impeachment of Richard Nixon as a result of the Watergate scandal.

c. Nixon escaped a certain vote for impeachment by resigning.

d. In 1998, the House voted two articles of impeachment against President Clinton on party-line votes; the Senate voted to acquit the president on both counts in 1999.

5. Presidential succession.

a. The Twenty-fifth Amendment clarified some of the Constitution’s vagueness about presidential disability and succession.

b. The Amendment permits the vice president to become acting president if the vice president and the president’s cabinet determine that the president is disabled or if the president declares his own disability, and it outlines how a recuperated president can reclaim the office.

c. Provision is also made for selecting a new vice president when the office becomes vacant.

(1) The president nominates a new vice president, who assumes the office when both houses of Congress approve the nomination.


III. PRESIDENTIAL POWERS

A. The contemporary presidency differs dramatically from the one the framers of the Constitution designed in 1787. The executive office they conceived of had more limited authority, fewer responsibilities, and much less organizational structure than today’s presidency.

B. Constitutional powers.

1. The constitutional discussion of the presidency begins with these general words: “The executive power shall be vested in a president of the United States of America.”

2. The Constitution says little else about presidential authority, going on to list only a few powers.

3. Institutional balance was essential to delegates at the Constitutional Convention.

a. There is little that presidents can do on their own.

b. They share executive, legislative, and judicial power with the other branches of government.

C. The expansion of power.

1. Today there is more to presidential power than the Constitution alone suggests, and that power is derived from many sources.

2. The role of the president changed as America increased in prominence on the world stage.

3. Presidents themselves have taken the initiative in developing new roles for the office. Various presidents enlarged the power of the presidency by expanding the president’s responsibilities and political resources.

a. Thomas Jefferson – the first leader of a mass political party.

b. Andrew Jackson – considered himself the direct representative of the people.

c. Abraham Lincoln – mobilized the country for war.

d. Theodore Roosevelt – mobilized the public behind his policies.

e. Theodore Roosevelt and Woodrow Wilson – set precedents for presidents serving as world leaders.

f. Woodrow Wilson and Franklin Roosevelt – developed the role of the president as manager of the economy.


IV. RUNNING THE GOVERNMENT: THE CHIEF EXECUTIVE

A. One of the president’s most important roles is presiding over the administration of government.

1. The Constitution merely tells the president to “take care that the laws be faithfully executed.”

2. Today, the federal bureaucracy includes 4.5 million civilian and military employees and spends more than $1.7 trillion annually.

3. One of the resources for controlling the bureaucracy is the presidential power to appoint top-level administrators.

a. New presidents have about 300 high-level positions available for appointment (cabinet and subcabinet jobs, agency heads, and other non-civil service posts), plus 2,000 lesser jobs.

b. In recent years, presidents have paid close attention to appointing officials who will be responsive to the president’s policies.

c. Presidents have also taken more interest in the regulations issued by agencies.

4. Presidents have the power to recommend agency budgets to Congress—the result of the Budgeting and Accounting Act of 1921.


  1. The Vice President.

  1. Usually chosen to symbolically reward an important constituency.

  2. Main job is to wait for “better” political opportunities.

C. The cabinet.

1. Although the group of presidential advisors known as the cabinet is not mentioned in the Constitution, every president has had one.

2. George Washington’s cabinet consisted of just three secretaries (state, treasury, and war) and the attorney general. Presidents since Washington have increased the size of the cabinet by asking Congress to create new executive departments.

3. Today, 13 secretaries and the attorney general head executive departments (and constitute the cabinet). In addition, individual presidents may designate other officials (such as the ambassador to the United Nations) as cabinet members.

D. The executive office.

1. The Executive Office of the President (established in 1939) is a loosely grouped collection of offices and organizations.

a. Some of the offices are created by legislation (such as the Council of Economic Advisors), while others are organized by the president.

b. The Executive Office includes four major policymaking bodies—the National Security Council, the Council of Economic Advisors, Office of Management and Budget, and the Office of Homeland Security—plus several other units serving the president.

2. The National Security Council (NSC) is the committee that links the president’s key foreign and military policy advisors. The president’s special assistant for national security affairs and his staff provide the president with information and policy recommendations on national security, aid the president in national security crisis management, coordinate agency and departmental activities bearing on national security, and monitor the implementation of national security policy.

3. The Council of Economic Advisors (CEA) has three members, each appointed by the president, who advise the president on economic policy. They prepare the Annual Report of the Council of Economic Advisors and help the president make policy on inflation, unemployment, and other economic matters.

4. The Office of Management and Budget (OMB), which is the successor to the Bureau of the Budget (BOB), has responsibility for preparing the president’s budget (see Chapter 14).

a. Presidents use the OMB to review legislative proposals from the cabinet and other executive agencies so they can determine whether or not they want an agency to propose them to Congress.



  1. The OMB assesses the proposals’ budgetary implications and advises the president on the proposals’ consistency with the administration’s overall program.

5. The Office of Homeland Security was established in 2001 in response to the terrorists attacks of September 11 and has responsibility to work with executive departments and agencies, state and local governments, and private entities to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist attacks.

E. The White House staff.

1. The White House staff includes the key aides the president sees daily—the chief of staff, congressional liaison people, press secretary, national security advisor, and a few other administrative political assistants. The 1939 report of the Brownlow Committee served as the basis for the development of the modern White House staff.

2. The full White House Staff, an agency of the Executive Office of the President, consists of about 600 people (many of whom the president rarely sees) that provide the president with a wide variety of services, ranging from advance travel preparations to answering the thousands of letters received each year.

3. Presidents rely heavily on their staffs for information, policy options, and analysis.

4. Each president organizes the White House to serve his own political and policy needs, as well as his decision-making style.

a. Most presidents choose some form of hierarchical organization with a chief of staff at the top.

b. A few (such as John Kennedy) have employed a wheel-and-spokes system in which many aides have equal status and are balanced against one another in the process of decision making.

5. Despite heavy reliance on staff, it is the president who sets the tone for the White House. It is the president’s responsibility to demand that staff members analyze a full range of options (and their likely consequences) before they offer the president their advice.


  1. The First Lady.

  1. Not an official government position.

  2. Historically, First Ladies have received a lot of attention and occasionally been active in politics.

  3. More recently, First Ladies have been at the center of attention in policymaking matters and played important roles as advisors to their husbands.


V. PRESIDENTIAL LEADERSHIP OF CONGRESS: THE POLITICS OF SHARED POWERS

A. Chief legislator.

1. The president is a major shaper of the congressional agenda, and the term chief legislator is frequently used to emphasize the chief executive’s importance in the legislative process.

2. The Constitution requires the president to report to Congress on the State of the Union and instructs the president to bring other matters to Congress’s attention “from time to time.”

3. The Constitution gives the president the power to sign or to veto congressional legislation (a veto may be overridden by two-thirds of each house).

a. He may also decide not to take any action at all.

b. If Congress is still in session after ten working days, the bill will become law without his signature; if Congress adjourns within ten days after submitting a bill, taking no action will permit the bill to die without his signature (known as a pocket veto).

4. The presidential veto is usually effective; only about four percent of all vetoed bills have been overridden by Congress. Even the threat of a presidential veto can be an effective tool for persuading Congress.

5. In 1996 Congress passed a law granting the president authority to propose rescinding funds in appropriations bills and tax provisions that apply to only a few people.

a. The president has five days following his signing of tax or spending bills to propose rescissions, and the only way such provisions can become law is for Congress to pass them as separate bills, which would then be subject to a presidential veto.

b. The law was immediately challenged in the courts as being an unconstitutional grant of power to the president, and in 1998 the Supreme Court agreed that it was unconstitutional in Clinton v. City of New York.

B. Party leadership.

1. Presidents’ most useful resources in passing their own legislation are their party leadership, public support, and their own legislative skills.

2.

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