AP Government and Politics

Chief Executives and Bureaucracies

What qualities do modern presidents need to fulfill their many roles?

13.1 Introduction

April 28, 1975, was a day like many others for President Gerald Ford. He rose early and had his breakfast. By 7:30 A.M., he was hard at work in the Oval Office. He met with advisers and other officials that morning and later gave a speech at the annual meeting of the U.S. Chamber of Commerce.

More appointments filled Ford's afternoon schedule, including a brief photo opportunity with Lisa Lyon, the Miss National Teenager of 1974-1975. Later the president attended a meeting on the economy and energy policy in the White House Cabinet Room.

But no day, however typical, is ordinary for the president of the United States. In the spring of 1975, the Vietnam War was entering its final days. The communist forces of North Vietnam were advancing on Saigon, the capital of U.S. -backed South Vietnam. It was clear that South Vietnam could fall at any moment. When that happened, the remaining Americans in Saigon would have to evacuate the city.

Just after 7:00 P.M., President Ford learned that the North Vietnamese were shelling the U.S. air base at Saigon, making evacuation by plane impossible. He convened a meeting of the National Security Council to discuss the unfolding crisis.

By 11:30 P.M., the shelling had stopped. But there was another problem, as Ford later wrote about in his autobiography:

Refugees were streaming out onto the airport's runways, and our planes couldn't land. The situation there was clearly out of control. The only option left was to remove the remaining Americans, and as many South Vietnamese as possible, by helicopter from the roof of the US. embassy in Saigon. Choppers were standing by on the decks of us. Navy ships steaming of fthe coast, and just before midnight I ordered the final evacuation. Over the next sixteen hours we managed to rescue 6,500 US. and South Vietnamese personnel without sustaining significant casualties.
A Time to Heal: The Autobiography of Gerald R. Ford, 1979

With the crisis resolved, Ford retired to his upstairs White House residence. It was 12:05 in the morning.

As this day in the life of President Ford illustrates, the job of president involves many tasks and responsibilities. Some are routine, while others are immensely challenging. All require the skills of an effective leader. This chapter examines the qualities necessary in chief executives, along with the main features of the bureaucracies they run.

13.2 Chief Executives: Mayors, Governors, and Presidents

The president is the national government's chief executive, the top elected official in charge of enforcing laws and carrying out government policy. State and local governments also have chief executives. In the states, this official is the governor. At the local level, it is usually a mayor.

Formal Qualifications: Age, Citizenship, and Residency

Adlai Stevenson, who ran for president twice in the 1950s, once said, “In America, anyone can become president.” That is not quite true. Any candidate seeking the presidency must satisfy certain qualifications laid down in the Constitution. The president must be a native-born citizen, be at least 35 years of age, and have lived in the country for at least 14 years.

The Twenty-second Amendment, ratified in 1951, added another rule: no one who has been elected president twice or who has served one full term plus more than half of another term can seek the office again. This amendment formalized the custom of a two-term president. This custom, established by George Washington, was broken only once, by four-term president Franklin Roosevelt, prior to ratification of the amendment.

Most state and local governments set less stringent requirements for their chief executives. In Kentucky, for example, candidates for governor need only be 30 years old and must have lived in the state for 6 years. California has no minimum age or residency requirements. In that state, candidates for governor must simply be U.S. citizens and registered voters. In contrast to presidential requirements, such citizenship can be by birth or naturalization. That is why Austrian-born Arnold Schwarzenegger was able to become the governor of California but cannot be president of the United States.

Requirements for mayors are even looser. Many towns and cities require only that mayors be legal adults. Several high school seniors and college students have served as mayors. For example, in 20ll, Jeremy Minnier was just 18 when he was elected mayor of Aredale, Iowa.

Informal Qualifications: Experience, Education, and Other Factors

Like lawmakers, chief executives must also satisfy certain informal qualifications for office. These are traits that voters expect in their political leaders. This graph shows the essential qualities Americans wanted their next president to have in 2007.

Typically, chief executives have backgrounds in business, law, or public service. Most are well educated. Nearly three-quarters of all presidents have earned college degrees. Most have worked their way up the political ladder by holding other elective offices.

There are exceptions, however. Abraham Lincoln, one of this country's most admired presidents, had little formal schooling. Although he had served as an Illinois legislator and a member of Congress, he had lost several political races before winning the presidency.

Historically, most chief executives have been white, male, and from the middle or upper class. In fact, all U.S. presidents were white males until 2009 when Barack Obama took office and became the first African American president. Chief executives in states and cities, however, have made even greater progress in representing a broad spectrum of the American population.

Women have made significant strides at both state and local levels. The first female governor, Nellie Tayloe Ross, was elected in Wyoming in 1924. Since then, 35 more women had been elected governor of their states or the Commonwealth of Puerto Rico. In 2007, a record 9 of the 50 state governors were women. At the local level, female mayors led over 17 percent of American cities with populations greater than 30,000 in 2012.

Ethnic minorities have also had increasing success in gaining chief executive positions. Only two African Americans – Douglas Wilder of Virginia and Deval Patrick of Massachusetts – have been elected governor. But many blacks have been elected mayor of major cities such as New York, Philadelphia, Detroit, and Washington, D.C. In 20ll, Susana Martinez assumed the gubernatorial office in New Mexico and became the first Latina governor in the United States. In 2005, Antonio Villaraigosa became the first Latino mayor of Los Angeles in more than a century. Nikki Haley, a South Asian American, was elected governor of South Carolina in 2010.

Religious affiliation can be another informal qualification, especially for presidential candidates.

Almost all U.S. presidents have been Protestant. Until John F. Kennedy's election in 1961, it was assumed that a Catholic candidate could never win the presidency. Kennedy succeeded, in part, by promising to keep his religious and political beliefs separate. “I am not the Catholic candidate for president,” he declared. “I am the Democratic Party's candidate for president, who happens also to be a Catholic.” Even today, a non-Protestant candidate would likely face an uphill battle in winning the presidency.

Gaining Office: Election and Succession

Most chief executives, including governors and mayors, are elected by popular vote. The president, in contrast, is chosen by the Electoral College, based on the popular vote count in each state.

In some state and local elections, the candidate who wins a plurality of the vote is declared the winner. In other states and cities, however, the candidate must receive a majority of the votes cast to win. If that does not happen, the top two candidates must compete in a runoff election, which is designed to produce a clear winner.

Succession rules for the presidency are spelled out in the Constitution and federal law. Should a president be unable to complete a four-year term because of death, disability, resignation, or removal from office, the law provides clear guidelines for replacing the chief executive.

The line of succession for the presidency begins with the vice president. If the vice president cannot serve, the next successor is the speaker of the House, followed by the president pro tempore of the Senate, and then by the secretary of state. Other cabinet members continue the line of succession in a specific order.

It is often said that the vice president is “a heartbeat away” from the presidency. Indeed, the main job of the vice president is to take over if something should happen to the president. The Constitution gives the vice president almost no formal powers other than this one.

For that reason, some politicians have shunned the chance to run for vice president. In 1848, Daniel Webster refused to become a vice presidential candidate, saying, “I do not propose to be buried until I am really dead.” Nevertheless, 14 vice presidents

The vice president holds little formal power under the Constitution. For that reason, as this cartoon suggests, the position has often been regarded as unimportant. Nevertheless, the vice president is first in line to succeed the president, which gives holders of this office enormous responsibility.

have gone on to become chief executive. In addition, recent vice presidents have been given substantial responsibilities by the president. During George W. Bush's administration, Vice President Dick Cheney held a significant amount of power and played a key role in shaping national security policy.

In most states, a lieutenant governor holds a comparable position to that of the vice president. This official stands in for the governor when necessary but generally has few formal duties.

Staying in Office: Impeachment, Recalls, Term Limits, and Incumbency

If a president, vice president, or other official in the executive branch is suspected of wrongdoing, that person may be impeached and removed from office. The framers made the impeachment process difficult, however, to prevent it from being used for frivolous reasons. To be removed, an official must be convicted of “Treason, Bribery, or other high Crimes and Misdemeanors."

Impeachment begins in the House of Representatives. A majority of House members must vote to impeach, or formally accuse, the president or other officer of wrongdoing. The trial is then held in the Senate. Two-thirds of the senators must find the official guilty to remove that person from office.

The House has impeached only two presidents – Andrew Johnson and Bill Clinton – and the Senate found neither guilty. Richard Nixon resigned rather than face impeachment during the Watergate scandal.

But what if citizens are simply unhappy with the job their chief executive is doing? For presidents, there is no provision for midterm removal based o,n job performance. Many states and cities, however, do have procedures by which voters can order a recall of elected officials. The California recall took place in 2003, in which the voters chose to replace Governor Gray Davis with actor Arnold Schwarzenegger.

Almost a decade later, in 2012, Wisconsin attempted to recall a governor in a special election, but failed. As governor of Wisconsin, Scott Walker proposed a plan to help balance the state budget. This plan cut benefits for public employees and greatly limited the ability for unions to bargain. As a result, disgruntled workers and unions organized protests. United Wisconsin, a grassroots organization, led a recall effort and petitioned for signatures, eventually gathering enough to hold a special election. Still, many Wisconsin voters supported Walker's attempts to reduce government spending. When the recall election took place on June 5, 2012, Walker won, retaining his position as governor.

Many chief executives are also subject to term limits. As noted previously, presidents are restricted to no more than two terms in office. Many states and cities also set term limits on their governors and mayors. In most cases, governors are held to two consecutive terms in office. However, in some states, they may run for reelection four years after their last term.

The power of incumbency in winning reelection is not as strong for chief executives as it is for legislators. That may be because chief executives serve as a “lightning rod” for voter discontent. When voters are dissatisfied with government, they often blame their chief executive. Since World War II, three presidents have been defeated in their run for a second term: Gerald Ford, Jimmy Carter, and George H. W. Bush.

13.3 The Growth of Presidential Power

The U.S. president today is often viewed as the most powerful national leader in the world. At one time, however, the U.S. president held far less power. During the 1800s, with a few exceptions, presidents acted mainly as “chief clerks.” Other than carrying out the will of Congress, they assumed little authority other than those powers explicitly granted them by the Constitution.

Powers Granted the President Under the Constitution

The Constitution spells out the president's formal powers, which are listed in this diagram. One of the most important powers is that of commander in chief of the armed forces. The president, a civilian official, maintains control over the military and has ultimate responsibility for military decisions.

The president also has the power to grant reprieves and pardons. A reprieve is a postponement of punishment, whereas a pardon is a release from punishment. Presidents may also grant amnesty, or a blanket pardon, to people facing prosecution. President Jimmy Carter, for example, granted amnesty to young men who had fled the country to avoid the military draft during the Vietnam War.

The president's greatest formal power stems from Article II, Section 3 of the Constitution. This section directs the president to “take Care that the Laws be faithfully executed.” Much as the Elastic Clause gives broad powers to Congress, this “Take Care” Clause grants the president flexible powers to enforce the law and fulfill other executive duties. Not surprisingly, the first president to define how the powers of the office would be used was George Washington.

George Washington (1789-1797): Establishing Precedents

As the nation's first president, Washington knew that his every action would help shape the office for future generations. “I walk on untrodden ground,” he observed. “There is scarcely any part of my conduct which may not hereafter be drawn into precedent."

One precedent involved his formal title. Washington insisted on being addressed simply as “Mr. President,” rather than “Your Highness” or some other majestic title. Rather than ruling like an aloof monarch, Washington traveled the country to maintain contact with citizens. He also declined to seek reelection after serving two terms in office, setting a precedent that would last until 1940.

Washington established the model for how the executive branch should be run. He appointed the first department heads and brought them together to create the first cabinet. He negotiated the new government's first treaty. He appointed its first judges. He received its first ambassadors. He signed its first laws. And he issued the first veto.

Perhaps most importantly, Washington made sure that the president would be respected as a figure of authority. He did this by projecting an air of great dignity and strength. In addition, he took tough action when necessary to ensure that acts of Congress were “faithfully executed."

Washington's determination to enforce the law was tested by the Whiskey Rebellion. In 1791, Congress passed a law that taxed sales of whiskey. Farmers in western Pennsylvania who made whiskey refused to pay the tax and even attacked federal tax collectors. Washington personally led 13,000 militia troops into western Pennsylvania to put down the rebellion. In this way, he affirmed the power of the president as the nation's chief law enforcer and commander in chief.

Andrew Jackson (1829-1837): Champion of “The People”

Like Washington, Andrew Jackson believed in using the powers given to the president to the fullest. Jackson was elected president at a time when many states had eliminated property requirements for voting. As a result, he was the first occupant of the White House who could claim to have been elected by “the people."

Once in office, Jackson saw his role as the champion of the common people. As such, he often clashed with Congress. In these power struggles, he turned to a tool seldom used by earlier presidents: the veto. Previous presidents had vetoed acts of Congress only when they viewed them as unconstitutional. Jackson vetoed legislation simply because he disagreed with it or thought it ran counter to the people's interests.

During his two terms in office, Jackson vetoed 12 bills, more than the total number of bills struck down by all of his predecessors combined. His most famous veto involved a bill renewing the charter of the National Bank of the United States. Supporters of the bank argued it was needed to stabilize the nation's economy. Jackson believed that the bank was designed to benefit the wealthy at the expense of the people. In a message explaining his veto, Jackson wrote,

It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government . . . But when the laws undertake to ... make the rich richer and the potent more powerful, the humble members of society – the farmers, mechanics, and laborers-who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government.
– Andrew Jackson, 1832

Critics of Jackson's use of this presidential power dubbed him “King Andrew.” Nevertheless, since Jackson's day, the idea that presidents can and will use their veto power to shape public policy has become an accepted feature of American politics.

Abraham Lincoln (1861-1865): Savior of the Union

Abraham Lincoln became one of the most powerful presidents in U.S. history, in large part because his election triggered a national crisis. By the time he took office in 1861, seven southern states had seceded from the United States. In his inaugural speech, Lincoln argued that no state “can lawfully get out of the Union.” He went on to say,

I therefore consider that ... the Union is unbroken; and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part; and I shall perform it, so far as practicable, unless my rightful masters, the American people, shall ... direct the contrary.
– Abraham Lincoln, First Inaugural Address, 1861

Lincoln used all of his powers to carry out this duty. Once in office, he spent money. He raised an army. He ordered the navy to blockade southern ports. He declared martial law in Maryland and other states, placing the people there under military rule. He shut down newspapers that advocated secession. He suspended habeas corpus so that people suspected of treason could be arrested and jailed by the military without worrying about due process.

All of these actions were taken by the new president without prior approval of Congress. Moreover, when a federal court ruled in Ex parte Merryman (1861) that suspension of habeas corpus was unconstitutional, Lincoln ignored the ruling .

Likewise, Lincoln issued his Emancipation Proclamation without approval from Congress or even his full cabinet. When the president showed a draft of the proclamation to his cabinet members, their response was mixed. Some members supported it, while others were strongly opposed. Nevertheless, Lincoln went ahead with the plan. On January 1, 1863, he released the proclamation as an executive order. a rule issued by the president that has the force of law. With the order, Lincoln transformed the war for the Union into an antislavery crusade.

Lincoln's many critics argued that he had far exceeded his constitutional powers. Lincoln, however, believed that extreme measures were justified to preserve the Union and the Constitution. By his actions, he demonstrated that during a national emergency, a president might exercise almost unlimited powers.

Theodore Roosevelt {1901-1909}: The “Bully Pulpit”

The presidents who followed Lincoln acted more as clerks than executive officers. Then, in the early 1900s, Theodore Roosevelt breathed new life into the office. Roosevelt used the presidency as a platform from which to speak out on important public issues. “I suppose my critics will call that preaching,” he said, “but I have got such a bully pulpit!"

Roosevelt was a stirring speaker who loved being seen and heard. He also knew how to work the media. He held daily press briefings. He let photographers take pictures of him at work and play. As a result, his name and smiling image were everywhere.

Roosevelt believed the president should act as a “steward of the public welfare.” To fulfill that role, he took a broad view of his powers. He later wrote,

I did and caused to be done many things not previously done by the President ... I did not usurp [seize] power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition.
Theodore Roosevelt: An Autobiography, 1913

As the public's steward, Roosevelt created government agencies to ensure safer food and drugs. He promoted conservation of the nation's resources. He pursued an active foreign policy in the belief that the United States was destined to be a great power. The public was so impressed by his energetic leadership that he was reelected in 1904 by the greatest margin of votes in U.S. history up to that time.

Franklin D. Roosevelt {1933-1945}: Maker of the Modern Presidency

Theodore Roosevelt planted the seeds that would flower during the presidency of his distant cousin, Franklin Delano Roosevelt, commonly known as FDR. More than any president before him, FDR transformed the role of chief executive from chief clerk to what we think of as the modern presidency.

Like Lincoln, FDR came into office during a time of crisis: the Great Depression. During his first 100 days in office, Roosevelt called Congress into special session and presented it with 15 major bills. Congress passed them all. Later, he won passage of such groundbreaking programs as Social Security and unemployment insurance. In promoting his New Deal reforms, he dramatically expanded the role of the president. As political scientists have put it,

The president's constitutional obligation to see “that the laws be faithfully executed” became, during Roosevelt's presidency, virtually a responsibility to shape the laws before executing them.

Part of FDR' s power lay in his style as president. Whereas previous presidents had used formal speeches to get their ideas across, FDR addressed the American people directly, in their own homes, through a series of radio broadcasts known as “fireside chats.” In these chats, Roosevelt spoke to listeners in a warm, engaging manner, explaining his ideas and asking for their support. In this way, many Americans came to see the president not as a distant leader, but as a friend who understood their concerns.

During World War II, FDR expanded his powers still further. But rather than objecting to this growth of presidential power, most Americans applauded Roosevelt as a “savior.” As one political scientist observed, “The argument was simple: The more power the executive had, the more good he could do."

Since the end of World War II, the presidency has been powerful, no matter who is in the White House. By the 1970s, some critics of presidential power voiced concerns about the rise of an “imperial presidency,” meaning presidents acted more like emperors than constitutional leaders. Nonetheless, the president today is still limited in his powers to those set down in the Constitution more than two centuries ago.


Next Reading: 13-2 (The Modern President's Job)