Week 8: The Presidency and the Bureaucracy Lecture 3: President, Rule-Making, and the Budget May 18

Foundation and growth of President's rule-making (legislative) powers The constitution provides the president with legislative powers under two categories approving legislation: signing or vetoing congressional bills suggesting legislation to Congress. The Constitution is more explicit on the president's role in approving legislation: In 75 years prior to President Andrew Johnson's administration after the Civil War, presidents had used their veto powers only 59 times. In the next 80 years, through FDR, presidents exercised 1,710 vetoes 584 by Cleveland alone 635 by Roosevelt In the 50 years from Roosevelt to Bush, the veto was used about 750 times 200 by Truman 181 by Eisenhower 78 by Reagan, who had only 9 overridden 46 by Bush, who had only 1 overridden--when Congress enacted cable television reregulation Bill Clinton was the first president since 1853 (Millard Fillmore) who failed to veto a single bill during an entire Congress, 1993-94. But in 1995, under the Republican Congress Clinton vetoed 11 pieces of legislation Only one, a bill to limit lawsuits by shareholders claiming social security fraud, was passed over his veto. As a result of the impass between the president and congress, only 88 bills were passed in 1995--the lowest total since 1933. He vetoed 6 more bills in 1996 His 17 vetoes were the lowest in a full term since Wilson Less than half of the 46 by Bush But 245 bills were enacted in 1996, compared with 88 in 1995 The Constitution is indirect on the president's role in suggesting legislation: Article II, Section 3 states that the president "shall from time to time give to the Congress information on the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient" Presidents have interpreted "time to time" as meaning that they should instruct the Congress annually on "the State of the Union" Congress itself has expanded the president's role in suggesting legislation: Mr. President, please prepare the budget! Prior to the 1920s, the Congress prepared its own budget, but badly. The Budgeting and Accounting Act of 1921 required that the president prepare the nation's budget. It also required the president to deliver an annual Budget Message. This message has become the vehicle for most specific legislative requests The president's duty to prepare and submit a budget to Congress is only based in legislation Congress could take upon itself the responsibility of preparing a budget at any time. When Congress is controlled by the opposition party, the president's budget is often reworked extensively by Congress. Mr. President, please take charge of the economy! The Employment Act of 1946 required that the president review the state of the economy, including the current and foreseeable trends in the levels of employment, production, and purchasing power The 1946 Act also required the president to deliver an annual Economic Report to the Congress Mr. President, please strike out wasteful expenditures that we placed in your budget! A 1996 act gave the president the line-item veto on budget items. It's truly ironic that Congress surrendered this power to a willing president. President's acceptance of role to initiate legislation Increased use of the Office of Management and Budget to prepare a legislative program Congress now not only expects the president to suggest legislation but awaits for his specific proposals in the form of a legislative program  Lessons in the growth of presidential power For much of our history, Congress has not only acquiesced in the growth of the powers of the presidency, but Congress has actually granted powers to the president. Because institutional rivalry is at the heart of our system of separated powers, one might expect that Congress would jealously guard its power--and it usually does. But sometime, Congress consciously grants power to the president: 1921 Budget message 1946 Economic Report 1996 Line-item veto Congress may also unwittingly increase powers of the president: This would be the effect of term limits. Ironically, the Contract with America's proposed constitutional amendment requiring the president to submit a balanced budget would also increase the president's power. At present, the president's authority to prepare the budget exists only in legislation. The budget amendment would require the president to prepare a balanced budget--thus conferring a new presidential power. Congress could not take this power from the president, as it can now. How much power does the president actually have in the legislative process? The president cannot submit legislation to Congress, but must have someone introduce it for him. Obviously, the president has an interest in legislation introduced on his behalf. He also has an interest in other legislation introduced in Congress. How much support does Congress provide to presidents when they take positions on bills? Since the early 1950s, Congressional Quarterly has assessed congressional voting on bills on which there was a clear presidential position. In general, presidents are supported more frequently by members of their own party (about 2/3 of the time) than by members of the opposition (less than half the time). What factors account for differences in presidential success? THE CHALLENGE OF DEMOCRACY contends that the president's power is the power to persuade. This suggests that success with the congress varies with presidential popularity. Presidents today are affected by outside events, but they can try to influence popularity through television addresses at formal and informal occasions.