Chapter 6 The presidency

After 11 September terrorist attacks, President George W. Bush attempted (შეეცადა) to assert even
broader powers than previous American presidents. Congress (by and large supported President Bush’s
actions) attempted to constrain (შეზღუდვა) Bush’s actions. The President criticized the courts ruling
but agreed to comply (შეასრულოს). Bush like the other presidents before him, left an important
stamp on the office of the presidency and on the American political system. The founders gave the
presidency considerable powers, but they also intend for congress and the courts to check those
powers. Today the American presidency is a far more powerful office than the Founders ever envisioned
(ითვალისწინებდა)

Collective dilemmas, principal-

agent problems and the presidency

Principal-agent problem- First, the

president needs information from
trusted agents, he/she has to make
quick decisions on issues of foreign
policy, national security, and the
economy and must have access to
information from diverse
(მრავალფეროვანი), trusted
sources. It is crucial that the
president (principal) has close
advisers (agents) who are loyal and
share his goals. Second, the
president (as principal) must try to
coordinate the bureaucracy (as
agents). To act effectively, the
president must get the disparate
parts of the executive-branch
officials, and throughout the
federal bureaucracy. Third, the
president can solve broad collective dilemmas. The creation-and evolution- of the presidency stemmed
from (წარმოიშვა) the need to solve collective dilemmas among the state, within congress, and among
various groups within the society. The founders wanted a presidency that was relatively (შესაბამისად)
strong by the standards of the time, but the office has grown considerably stronger. During the civil war
era Lincoln expanded the powers of presidency, the presidency has grown stronger largely as a
consequences of individual presidents, with enough political support from the other branches, solving
collective dilemmas.

Constitutional bases of presidential power

The constitutional convention of 1787 featured intense debate about the organization of the executive
branch. Delegates argued over whether to have a single person serve as president or whether and
advisory council would be more appropriate. They debated over how executive was to be chosen-
selected by congress or elected by the people-and over the length of term of office.

Federalists were thinking that what the country needed, was a strong executive who would respond
decisively (გადამწყვეტად) to crises, both domestic and foreign, and enforce the laws uniformly
(ერთიანად) and fairly.

They reached that single person must be serves as president, but they argue about the method of
selection and the length of presidential tenure. They compromised on following characteristics:

1. The presidency would not be

too democratic- the president
would not be chosen through
direct election by the people in
which citizen has one vote
(he/she has to be appointed for
4 years term, by electoral
college, which represents
people)

2. The presidency wouldn’t be

beholden (კუთნება) to the
large states

3. The presidency would be

checked by the other branches-
the president would not be able
to act alone. The president
would need approval of the
House and Senate to raise
money and declare war, and
often the senate to make
appointments and treaties. He/she could be impeaches and recalled from office by congress

4. The presidency would check the other branches- the founder wanted the president to be involved in
the affairs of the other branches of GOV. for instance, the president must sign legislation for it to
become law, can force congress to meet in formal session and can veto legalization (congress can
override). The president is also authorized to appoint all federal judges and ambassadors (with senate
approval), and can issue pardons (შეწყალება) and reprieves (დასჯის გადავადება ან მოხსნა) for
prisoners.
5. The presidency would pay the primary role in the conduct of foreign policy and of the military- the
president would be authorized to make treaties with the “advice and consent” (რჩევა და თანხმობა)
of the senate (2/3 approve), to receive ambassadors from other countries and most important, to serve
as commander in chief of the armed forces.

The constitution lists 2 major roles for the president: executor (enforcer) of the laws, and commander in
chief of the armed forces (მთავარსარდალი). This constitutional vagueness regarding presidential
power-especially the “take care” (take care that the laws be faithfully executed) – has generally worked
in the presidency’s favor, providing openings for presidents to increase their powers and institutional
capacities (შესაძლებლობები) when they believed circumstances warranted such moves. As we have
seen, presidents have taken advantage of this vagueness to assert their authority and at times act
decisively (გადამწყვეტად) without congressional approval. Court give president more powers as
commander in chief than as executor.

In comparison: executive forms

The founders ultimately chose a system that stood in stark (მკაცრად იდგა) contract to that of Britain,
which had both king/queen who inherited ( მემკვიდრეობით) the crown and a prime minister chosen
by parliament. Great Britain remain a parliamentary democracy (a form of democracy in which the
executive is elected by the legislature and GOV is responsible to the legislature), which means that the
legislature choose the executive.

Many other parliamentary democracies, like Italy, Ireland and Israel, have presidents in addition to
prime ministers. These presidencies are ceremonial posts held by appointees who wield little actual
power. By contrast, the American president serve as both head of state and head of GOV. He/she is
chosen by the electoral college, which in principal represents people, and the president governs as the
executive independently of congress. The fact that president’s authority comes not from congress but
from the people is what makes the USA a presidential system ( a form of democracy in which the
executive is elected independently and the GOV is not responsible to the legislature) of GOV with
separation of powers.

Mixed presidential system – a form of democracy in which the executive is elected independently and
shares responsibility for the GOV with the legislature. France offers an example, in which an elected
president governs alongside (იმავდროულად) a prime minister chosen by the national assembly
(French parliament). By tradition French president is head of state and deals mostly with foreign affairs,
while French prime minister is head of GOV and deals mostly with domestic affairs.

Presidents in certain countries have sole power to propose legislation. In a common variation,
presidents can exercise a partial veto, known as a line-item veto, to strike down ( კანონი უკანონოდ
და ძალადაკარგულად გამოაცხადოს supreme court-მა) specific parts of legislation passed by the
legislatures. This is a tremendous advantage for presidents because they do not have to accept a law in
its entirely, but can pick and chose what they believe is acceptable and veto accordingly. In these
countries, institutional rules concerning presidential powers of decree, of proposal and of partial veto
give the chief executive substantially more legislative powers than those granted to the American
president. Other nations’ presidents have considerably less power than the American executive.

Also there are the executives of the 50 state governments. Every state shares with the American
national GOV a separation of powers system.

Shaping the modern presidency

The president’s institutional powers have evolved ( განვითარდა) in response to circumstances and the
will of the occupants of the office.

As the president George Washington set a variety of important precedents. 1. He instituted the cabinet
system and met regularly with his closet advisers. 2. He firmly ( მტკიცედ) maintained that the president
had inherent (თანდაყოლილი) (such as conduct relations with foreign countries, the negotiation
(მოლაპარაკება) of treaties before asking the senate for approval, and the federalization of state
militias to keep domestic peace) powers that were implied ( ნაგულისმხევი), but not explicitly
(პირდაპირ) stated, in the constitution.

19 century presidents

The president as the voice of the people- Jackson (2 terms 1829-1837) more than any previous
president, justified his action as following people’s will. Throughout his administration, he maintained
that the presidency was equal to congress and not subordinate (დაქვემდებარებული) to it. Jackson
believed that only the president, as a single person representing people, could overcome the delay and
deadlock (ჩიხი) caused by disagreements among rival (მეტოქე) groups within Congress and among the
states.

The spoils system (the practice of rewarding loyal partisans with GOV positions after they demonstrate
their support during an election) and partisan goals- the spoils system gave Jackson and subsequent
(მომდევნო) 19th century presidents many opportunities to fill GOV jobs with party supporters.

Van Buren (Jackson’s 2 term vice president) won the presidency in 1836. His genius was to exploit and
build on the rapid expansion of voting rights that occurred ( გაჩნდა) in this era. Candidates for
president and president themselves needed to mobilize large numbers of voters to win mass elections
and accomplish what they wanted in office. Voting a mass election presents a collective-action problem.
Citizens always face the temptation to stay at home and avoid the cost of voting. It is tempting to free
ride off the voting of one’s fellow citizen. მარა კანდიდატებმა უნდა ისე მოაწონო თავი რო
მაინც იიყვანონ არჩევნებზეო, ანუ ისეთი აგიტაცია უნდა გაუწიონ საუთარ კანდიდატს .

Furthermore political parties in Van Buren’s era had to convince state party leaders to support their
presidential candidate because the state party leaders picked the delegates to the national convention
(ყრილობა). State party leaders across the country faced coordination problems in deciding which
potential candidates and their supporters need to convince voter to turn out, but also they needed to
gain mass support, and he succeeded in bringing many new participations into the political process.
The partisan presidency

As head of the party, the president is excepted to solve the collective dilemmas that arise from within
the party. The president today is leader of the party in 2 arenas, elections and policy making. Because
the president is the public face of the party, his or her popularity shapes the party’s fortunes in
congressional and state elections.

Some presidents have followed Van Buren’s example and been important builders of political parties as
organizations, helping candidates at all levels to mobilize voters, raise money, and create a more
permanent party presence (გასწრება) in the states and localities.

During presidential campaigns and in the several months after someone takes office in the White House,
the president’s initiatives shape the policy agenda not only of the party but also of the national GOV as a
whole. Obama campaigned on a platform of stimulating the economy and improving health care and
education. His idea dominated public debate after 2008 election and led to major shifts ( ცვლილება) in
GOV policy, including massive federal stimulus spending, an overhaul of healthcare and an education
program that has affected every public school in the country. Obama’s policy proposals and their
aftermath will help shape the democratic party’s reputation for years. President relies on his party
members in congress and on members of their own party than from the opposition.

President can accomplish more of their goals when bragging ( მოლაპარაკებების წარმოება) with
the legislative branches if they have partisan allies at the table. Presidential success in bargaining
depends substantially on whether country has divided or unified GOV. divided GOV- a GOV in which the
president is from a different party than the majority in congress. Unified GOV- a GOV in which the
president is from the same party as the majority in Congress.

The populist presidency

In the 20th century the presidency became much more populist. Woodrow Wilson, who served 2 terms
1913-1921, went beyond any previous president in his effort to reach the average man and woman “in
the street”. მოკლედ ამის პოლი ფილოსოფია იყო რო ხალხთან ვინც ირჩევდა პირდაპირი
კავშირი ჰქონოდაო, ძაან ბევრი სფიჩები და რაღაცეები ქონდა რო გადაებირებინა პრესა
და დაინტერესებული ჯგუფები თავის სასრგებლოდ.

Going public- action taken by president to communicate directly with the people usually through après
conference, radio broadcast, or televised speech, in order to influence public opinion and put pressure
on congress. President Ronald Reagan (elected in 1980) raised this art to new level. A former movie star
he had a warm smile and telegenic looks that endeared him (სიყვარულით შთაგონებული) to
people and mobilized supporters.

Besides talking to people directly presidents-beginning with John F. Kennedy in the early 1960s-have
increasingly conducted private polls to measure public opinion about their standing and their prospects
for success with legislative initiatives. Presidents use polls to gauge (გაზომვა) their popular approval.
Presidents nowadays are often highly responsive to-and constrained ( იძულებული)by-public opinion.
They hire full-time public relations specialists to maximize their appeal nationwide.

Enhancing presidential power

Several 20th century presidents are noteworthy ( ყურადღების ღირსი) for enhancing (გაზრდა) the
power and prestige of the presidency (they do this mostly in times of crisis).

Theodore Roosevelt 1901-1909- he creates a personality cult around the office that had never before
existed. Like Andrew Jackson he governed with the attitude that he alone represented the people.

Roosevelt made effective use of his “bully pulpit”-his privileged place as speaker on behalf of the
American people-to pressure those who opposed his agenda. He was careful to cultivate the notion that
the presidency is separate from congress and that the president would not wait for congress to act if he
felt the action was in the people’s best interest.

Woodrow Wilson- with regard to world affairs, Woodrow Wilson changed the presidency in important
ways during and after world war I. he sought to establish the American president as a major voice in
international politics, on an equal footing with the leaders of the great powers in Europe. He believed
that one of his major roles following World War I was to help the European countries resolve their
internal collective dilemmas. Wilson emphasized an internationalist foreign policy and established
regular contract with his counterparts abroad.

Franklin Delano Roosevelt (1932-1945 3 full terms died in 45 bout 3 months into his 4 th term)- no
president other than Washington has had a greater impact on the nature of the office than Franklin
Delano Roosevelt (FDR). The 2 signature achievements of Roosevelt’s presidency is the New Deal and
the leadership of the allies in WW2, led to massive increase in size, reach and importance of the national
GOV.

After the wall street crash of 1929 there were chaos! FDR devoted his efforts to solving collective
dilemmas within his own party and across many diverse and competing interests. Within the first 100
days of taking office in 1933, he laid the groundwork for his new deal, a set of policies to stabilize it once
it was back on its feet, and to further regulate the activities of corporations. A by-product of the policies
was to redistribute income in favor of retirees ( პენსიონერი), widows(ქვრივი), the disabled and
orphans (ობლები).

The new deal was a major overhaul (რემონტი) in the way the national GOV operated within the
American political system. It gave the executive branch greater authority than ever before. New deal
increased both the taxes the national GOV collected from the people and the benefits people received
from the national GOV.

After this the American people could legitimately blame presidents when the economy was in trouble
and reward them when times were good.
After WW1, the United States had gradually withdrawn (ამოღებული) from European politics. By the
end of WW2, however, the country had by and large abandoned its isolationist foreign policy and
become deeply involved in international affairs on every continent.

The growth of the federal GOV spilled over (if smth. Spill over, it begins to affect another situation or
group of people, especially in unpleasant or unwanted way) into president’s own office. FDR created a
massive bureaucracy within the executive branch devoted to helping him make economic and foreign
policy decisions, in addition to implementing ( განხორციელება) policies decided upon by (მის მიერ)
the legislative branch.

Today’s powerful presidency

The president’s position as head of a major political party and his ability to command (ბრძანება) public
attention and communicate directly with citizens are key sources of presidential power (we might call
these informal powers). They enable the president to influence the actions of other branches of GOV, of
state leaders, and of group leaders in society.

In addition to informal powers the P (President) also exercise formal powers, sometimes called
enumerated powers (ჩამოთვლილი). These include powers specified by the constitution and others
that developed later and become codified into law through court rulings or statutes. Congress has
delegated many powers to executive branch for ex. Foreign policy and domestic affairs.

Administrative law- the body of law created by executive agencies with purpose of refining (მიზანი
დახვეწოს) general law passed in legislation. Administrative law whereby congress passes legislation to
achieve broad policy goals and the administrative agencies in the executive branch have the authority to
fill in the legislative details.

Let us now consider several of president’s formal powers in more detail:

The Veto -if a congress pass a bill the P can either sign it into law or veto it. Congress can override a veto
2/3 vote in both chambers. If congress overrides the president’s veto the bill becomes law without
presidential signature.

A pocket veto- president can also exercise a pocket veto by failing to sign legislation at the end of a
congressional session. If congress is not in session, then bills unsigned by president 10 days after being
passed by congress are considered vetoed. Congress must pass the law again in the next session to keep
bill alive.

Veto threat- why some of the presidents used veto regularly while others used it rarely? Contemporary
scholars have studied how the mere (უბრალო) threat of the veto can convince congress to modify
(შეცვლა) a piece of legislation. So presidents may not actually need to use the veto to achieve their
goals. Presidents can make so-called veto threats (a public statement issued by the P declaring that if
congress passes a particular bill that the president dislike it will ultimately be vetoed) by publicly stating
that if congress passes a bill that is not their linking they will veto it. Scholars have shown that congress
tends to modify bills after presidents issue veto threats.
When there is unified government, bargaining between P and congress becomes easier to manage.
Under divided GOV, the 2 major parties argue more frequently over legislation, and the presidential veto
or veto threat can be powerful weapon in this partisan conflict.

კონგრესიც კარგად ერთობა ამ ვეტოთიო;დდ რო იცის პუბლიკა რარაცა უნდა მაგ

კანონპროექტს შექმნის და უშვებს პრეზიდენტთან მარა იცის რო ის თავისი იდეოლოგიის
ან რაღაცის გამო ვეტოს დაადებს და ამით პუბლიკის თვალში აკნინებს პრეზიდენტს .

Appointments- the constitution grants president the power to make appointments to executive
departments and other bureaus, and to federal courts. Beginning with George Washington, presidents
have shaped their GOV by appointing people who agree with them on policy matters. Most presidential
appointments that require the senate’s “advice and consent ( თანხმობა)” are routinely approved. High-
profile positions, including cabinet secretaries and especially Supreme Court justices can be
controversial and occasionally the senate will reject a presidential appointment. In making most
appointments, the president looks for candidates who not only have necessary skills and prestige but
also shares his broader philosophical view.

When appointing a federal judge, the P. is choosing someone who may stay in that position for life.
Thus, appointments to the judicial branch provide the P. with an opportunity to leave a lasting legacy
(მემკვიდრეობა).

Executive orders, executive agreements and signing statements

Modern P.s also have several legal maneuvers at their disposal (გაკნარგვა) to bypass (შემოვლა)
congress. An executive order (an official means by which the P can instruct federal agencies on how to
execute the laws passed by congress) is a regulation or a rule made by P. that has the force of law.
Executive orders are issued frequently during wartime because P does not feel they have the time to
wait for congressional action. The courts generally have upheld (მხარი დაუჭირა) the right of
presidents to issue (გამოცემა) executive order within limits (for ex. Truman’s seizure of the steel mills
and Clinton’s 1996 order preventing GOV agencies from contracting with organizations that had
strikebreakers (გაფიცვის მსურველები) on their payrolls.

Congressional legislation can overturn an executive order, although such a law must generally survive a
presidential veto.

President can also issue executive agreement - an agreement between the USA and one or more foreign
countries. Because it is not formal treaty, it doesn’t need senate approval.

Presidents can issue signing statements- a public statement written by the president and attached
(მიმაგრებული) to a particular bill to outline (ასახვა) the P.’s interpretation of the legislation. P.s
used signing statements to communicate how laws should be interpreted by federal agencies and the
courts.

Administrative and financial resources

One important way P. “reacts” to crises is to create new bureaucratic agencies designed to help them
implement (განახორციელოს) policy and make decisions. Because presidents have usually acted
together with congress in solving a crisis, the required congressional approval for these new agencies
has sometimes been easy to obtain (მოპოვება).

პრეზიდენტსაც უნდა მიხმარებაა... 3 resources especially assists presidents in decision making and
in solving collective dilemmas:

The white house staff- the P. relies mostly on white house staff to organize schedules and plot political,
legislative and international strategies.

Executive office of the President- EOP. Formally the white house staff is part of the EOP. We can think of
it as the nerve center of the presidency, whereas the reminder of the EOP provides expertise and
continuity to the executive branch. Because these offices were legislated into existence (არსებობა) by
congress, the people appointed to head them require senate approval. Much of the EOP is formed
around the agenda of the current president and the leaders of its various units serve at his pleasure. The
EOP is a crucial intermediate (ძირითადი შალედური რგოლი) layer between the president’s core
staff (in the white house) and the rest of the federal bureaucracy in the cabinet departments. Like the
white house staff, much of the EOP advises the president and helps him with his policy agenda. But like
the executive departments, the EOP also implements policy and provides congress with credible
information. OMB არის ამის ნათელი მაგალითი ის იძლევა ინფორმაციას ფედერალურ
შემოსავლებზე და ხარჯებზე და ეხხმარება პრეზიდენტს რჩევებით და ბიუჯეტის craftingში.

The vice president- if president dies or become incapacitated (უნარწართმეული). The 12th
amendment (1804) changed the procedure for choosing the vice P. under amendment the vice P. runs
for election for that office concurrently with the P. in practice, this means that, since the early 19 th
century, presidential and vice presidential candidates have run together as a pair and been elected as a
team. Acc. To the 12th amendment vice president must come from a different state than the president.

Vice P.s have 4 crucial rules- 1. He/she must be ready to take over presidency should the president die
or become incapacitated (he/she has to be informed about P.s political agenda, all matters that he/she
deal with…). 2. The vice P. is the key adviser to the P. 3. The vice P. casts tie-breaking votes in the senate.
4. The vice P. typically helps the P. coordinate federal bureaucratic agencies to achieve presidential
goals. P.s entering office face a massive coordination problem in getting federal agencies focused on
their policy agendas.

Is the presidency too powerful?

The American P. revolves around an individual who holds vast powers to influence the course of the U.S.
GOV. moreover, given the dominant role that the USA plays in world affairs, the P’s power within the
American political system gives him enormous influence outside of the USA. By certain criteria, the
power of American P is unmatched.
Investigation and impeachment

Courts have occasionally declared actions of the P. unconstitutional. More important in recent times,
congress has shown capacity and will to investigate the P’s actions and even exercise it power of
impeachment. It has become increasingly common for special prosecutors (independent, private-sector
counsel hired by congress to investigate government officials) to investigate misdeeds ( დანაშაულები)
among P and W.H. (white house) aides.

Reserved for the most serious offenses (თავდასხმა), impeachment is the process by which the House
of Representatives formally charges a federal GOV officials with in the language of constitution, “treason
(ღალატი), bribery (ქრთამი) or other high crimes and misdemeanors (წვრილმანი
დანაშაულები)”. If the P. is impeached by the House the case goes in senate.

Electoral pressures

Presidents, more than any other members of the U.S. GOV, are either encouraged or restrained by mass
public opinion. The American people see to tolerate and even prefer a powerful and decisive
(საბოლოო გადამწყვეტი) P, as long as there are electoral and institutional checks on that power.