Changes

Outline of Lecture:

Outline of Lecture:

<br>I. Introduction

<br>I. Introduction

<br>II. Appointment Power

<br>II. Appointment [[Power]]

<br>III. Leader of the Executive Branch

<br>III. Leader of the Executive Branch

<br>IV. Foreign Policy

<br>IV. Foreign Policy

The [[President of the United States of America|president]] is in the news more than any other politician.  This is true regardless of what he does, or how important he is.  It requires only one reporter and one news camera to air a story about the [[President of the United States of America|president]].  Often, the reporter simply stands in front of the [[White House]] and merely talks into the camera.

The [[President of the United States of America|president]] is in the news more than any other politician.  This is true regardless of what he does, or how important he is.  It requires only one reporter and one news camera to air a story about the [[President of the United States of America|president]].  Often, the reporter simply stands in front of the [[White House]] and merely talks into the camera.

The [[President of the United States of America|president]] is not a king.  His powers are limited and enumerated.  He lacks a special title, and is called simply “Mr. [[President of the United States of America|President]].”  Under the 22nd Amendment, the [[President of the United States of America|president]] may not be elected more than two terms.  In the past 40 years, only two [[President of the United States of America|president]]s have even served two full terms ([[Ronald Wilson Reagan|Reagan]] and [[Bill Clinton|Clinton]]).

The [[President of the United States of America|president]] is not a king.  His [[power]]s are limited and enumerated.  He lacks a special title, and is called simply “Mr. [[President of the United States of America|President]].”  Under the 22nd Amendment, the [[President of the United States of America|president]] may not be elected more than two terms.  In the past 40 years, only two [[President of the United States of America|president]]s have even served two full terms ([[Ronald Wilson Reagan|Reagan]] and [[Bill Clinton|Clinton]]).

The [[President of the United States of America|president]] always, however, has enormous political influence.  He is the leader of his own political party, which nominates him..  Everything he does affects the positions and fortunes of his party.  If his party is in control of [[Congress]], then he exerts enormous influence over [[Congress]].  If the opposing political party controls [[Congress]], then it devotes its time to opposing his policies as much as possible.  Either way, the [[President of the United States of America|president]] controls the political agenda.

The [[President of the United States of America|president]] always, however, has enormous political influence.  He is the leader of his own political party, which nominates him..  Everything he does affects the positions and fortunes of his party.  If his party is in control of [[Congress]], then he exerts enormous influence over [[Congress]].  If the opposing political party controls [[Congress]], then it devotes its time to opposing his policies as much as possible.  Either way, the [[President of the United States of America|president]] controls the political agenda.

Economists say that the outcome of every presidential election can be predicted by how well the economy is doing on Election Day.  Can the [[President of the United States of America|president]] control the economy?  Not completely, but he can have an influence.  Voters will reelect him if the economy is doing well, and elect someone else if it is doing poorly.

Economists say that the outcome of every presidential election can be predicted by how well the economy is doing on Election Day.  Can the [[President of the United States of America|president]] control the economy?  Not completely, but he can have an influence.  Voters will reelect him if the economy is doing well, and elect someone else if it is doing poorly.

The [[President of the United States of America|president]] does have the power to make appointments, particularly to the judiciary.  He nominates new judges, especially those needed to fill vacancies on the [[U.S. Supreme Court|Supreme Court]].  These judges can serve for the rest of their lives, and thus can hold power for over 30 years or more.  [[President of the United States of America|President]] Lyndon Johnson left office 35 years ago, yet one of his appointed judges wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  Chief Justice Rehnquist was appointed by [[President of the United States of America|President]] Richard Nixon over 30 years ago, and still sits on the [[U.S. Supreme Court|Supreme Court]].

The [[President of the United States of America|president]] does have the [[power]] to make appointments, particularly to the judiciary.  He nominates new judges, especially those needed to fill vacancies on the [[U.S. Supreme Court|Supreme Court]].  These judges can serve for the rest of their lives, and thus can hold [[power]] for over 30 years or more.  [[President of the United States of America|President]] Lyndon Johnson left office 35 years ago, yet one of his appointed judges wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  Chief Justice Rehnquist was appointed by [[President of the United States of America|President]] Richard Nixon over 30 years ago, and still sits on the [[U.S. Supreme Court|Supreme Court]].

The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

'''II. Appointment Power'''

'''II. Appointment [[Power]]'''

Today people view the appointment power of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower [[federal]] court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 years or more.

Today people view the appointment [[power]] of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower [[federal]] court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 years or more.

But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the [[United States Senate|Senate]].  A majority vote in the [[United States Senate|Senate]] is necessary to confirm a [[federal]] judge to the [[U.S. Supreme Court|Supreme Court]] or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated debate.

But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the [[United States Senate|Senate]].  A majority vote in the [[United States Senate|Senate]] is necessary to confirm a [[federal]] judge to the [[U.S. Supreme Court|Supreme Court]] or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated debate.

The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

[[President of the United States of America|President]] [[George W. Bush|Bush]] will likely complete his current term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a [[Republican Party|Republican]] [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater power in the [[United States Senate|Senate]] after the 2004 elections, and that [[George W. Bush|Bush]] will still be in power.  This is risky: [[liberal]] Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of [[Republican Party|Republican]] control of the [[White House]].  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] [[George W. Bush|Bush’s]] term, and their spots were filled by Justices Souter and Thomas.

[[President of the United States of America|President]] [[George W. Bush|Bush]] will likely complete his current term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a [[Republican Party|Republican]] [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the 2004 elections, and that [[George W. Bush|Bush]] will still be in [[power]].  This is risky: [[liberal]] Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of [[Republican Party|Republican]] control of the [[White House]].  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] [[George W. Bush|Bush’s]] term, and their spots were filled by Justices Souter and Thomas.

Unlike state prosecutors, [[federal]] prosecutors are not elected.  They work under the Attorney General, who is appointed by the [[President of the United States of America|president]].  They are called U.S. Attorneys or assistant U.S. Attorneys.  State prosecutors are called District Attorneys.  The top state prosecutors are elected, and thus directly accountable to the public.  When a state prosecution meets with public disapproval, the responsible district attorney can be defeated at the next election.  But the [[President of the United States of America|president]] has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.

Unlike state prosecutors, [[federal]] prosecutors are not elected.  They work under the Attorney General, who is appointed by the [[President of the United States of America|president]].  They are called U.S. Attorneys or assistant U.S. Attorneys.  State prosecutors are called District Attorneys.  The top state prosecutors are elected, and thus directly accountable to the public.  When a state prosecution meets with public disapproval, the responsible district attorney can be defeated at the next election.  But the [[President of the United States of America|president]] has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.

Many are criticizing Attorney General Ashcroft for expanding [[federal]] power in investigating and prosecuting alleged terrorists.  After 9/11, the [[George W. Bush|Bush Administration]] sought and achieved new powers to target criminals under the Patriot Act.  While all are in favor of catching and prosecuting real terrorists, many oppose the loss of liberty in the War on Terrorism.  After all, some say, it is liberty that we are defending against terrorism in the first place.

Many are criticizing Attorney General Ashcroft for expanding [[federal]] [[power]] in investigating and prosecuting alleged terrorists.  After 9/11, the [[George W. Bush|Bush Administration]] sought and achieved new [[power]]s to target criminals under the Patriot Act.  While all are in favor of catching and prosecuting real terrorists, many oppose the loss of liberty in the War on Terrorism.  After all, some say, it is liberty that we are defending against terrorism in the first place.

The main dispute revolves around the Fourth Amendment.  The Patriot Act reduced the requirements for [[federal]] investigators to seize evidence and tape-record calls of alleged terrorists.  No longer must a local judge issue a warrant based on a detailed affidavit of probable cause prior to searches of alleged terrorists, broadly defined.  Also, [[federal]] investigators can now search certain homes without leaving a copy of a warrant so that the owner knows it has been searched.  This is known as “sneak and peak.”  There are many newspaper articles discussing this controversy.  On Sunday, a pollster said that after 9/11, people wanted to give up some freedoms in this area to stop terrorism, but now over two years later they no longer want to.  What do you think?

The main dispute revolves around the Fourth Amendment.  The Patriot Act reduced the requirements for [[federal]] investigators to seize evidence and tape-record calls of alleged terrorists.  No longer must a local judge issue a warrant based on a detailed affidavit of probable cause prior to searches of alleged terrorists, broadly defined.  Also, [[federal]] investigators can now search certain homes without leaving a copy of a warrant so that the owner knows it has been searched.  This is known as “sneak and peak.”  There are many newspaper articles discussing this controversy.  On Sunday, a pollster said that after 9/11, people wanted to give up some freedoms in this area to stop terrorism, but now over two years later they no longer want to.  What do you think?

[[President of the United States of America|President]] Harry S Truman would say, “The buck stops here.”  The [[President of the United States of America|president]] is accountable for all that he does, and all that the Executive Branch does while he is in charge.  The reelection or defeat of the [[President of the United States of America|president]] after his first term will depend not only on what he does, but also on everything else that happens under his “watch”.

[[President of the United States of America|President]] Harry S Truman would say, “The buck stops here.”  The [[President of the United States of America|president]] is accountable for all that he does, and all that the Executive Branch does while he is in charge.  The reelection or defeat of the [[President of the United States of America|president]] after his first term will depend not only on what he does, but also on everything else that happens under his “watch”.

When a [[President of the United States of America|president]] is reelected after serving a full term, which happens about 50% of the time now, he then becomes a “lame duck.”  That means he loses power because everyone knows he is merely serving out his term and cannot be reelected again (due to the 22nd Amendment).  Still, an effective [[President of the United States of America|president]] can accomplish a great deal during his second term.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]], for example, dramatically cut taxes and made his successful demand that the communists tear down the Berlin Wall dividing communism from freedom in Germany.

When a [[President of the United States of America|president]] is reelected after serving a full term, which happens about 50% of the time now, he then becomes a “lame duck.”  That means he loses [[power]] because everyone knows he is merely serving out his term and cannot be reelected again (due to the 22nd Amendment).  Still, an effective [[President of the United States of America|president]] can accomplish a great deal during his second term.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]], for example, dramatically cut taxes and made his successful demand that the communists tear down the Berlin Wall dividing communism from freedom in Germany.

A [[President of the United States of America|president]] can be elected with less than 50% of the vote, as [[President of the United States of America|President]] [[George W. Bush|Bush]] was.  But no [[President of the United States of America|president]] can be elected with less than 50% of the electoral college.  If no candidate can muster a majority of electoral votes, then the election is decided by the House of Representatives.  This occurred in the election of John Quincy Adams, and supporters of Andrew Jackson complained bitterly about the process.  Four years later, Jackson beat Adams in a landslide.  Can you find the constitutional provision dictating how the House of Representatives can choose the next [[President of the United States of America|president]]?

A [[President of the United States of America|president]] can be elected with less than 50% of the vote, as [[President of the United States of America|President]] [[George W. Bush|Bush]] was.  But no [[President of the United States of America|president]] can be elected with less than 50% of the electoral college.  If no candidate can muster a majority of electoral votes, then the election is decided by the House of Representatives.  This occurred in the election of John Quincy Adams, and supporters of Andrew Jackson complained bitterly about the process.  Four years later, Jackson beat Adams in a landslide.  Can you find the constitutional provision dictating how the House of Representatives can choose the next [[President of the United States of America|president]]?

1.  Should we have free trade with China?  China is a communist country notorious for requiring abortion, persecuting citizens for religious reasons, and pouring its money into a military that threatens free Chinese on Taiwan and aims missiles at our western cities like Los Angeles.  When we buy goods from Communist China, some of that money funds its totalitarian [[government]].  Should our [[government]] encourage trade with China by granting it “Most Favored Nation” trade status?

1.  Should we have free trade with China?  China is a communist country notorious for requiring abortion, persecuting citizens for religious reasons, and pouring its money into a military that threatens free Chinese on Taiwan and aims missiles at our western cities like Los Angeles.  When we buy goods from Communist China, some of that money funds its totalitarian [[government]].  Should our [[government]] encourage trade with China by granting it “Most Favored Nation” trade status?

2.  The Attorney General has been controversial in exercising greater [[federal]] powers to investigate criminals, including terrorists.  Do you think the [[federal]] [[government]] should have more power in this area?

2.  The Attorney General has been controversial in exercising greater [[federal]] [[power]]s to investigate criminals, including terrorists.  Do you think the [[federal]] [[government]] should have more [[power]] in this area?

3.  [[President of the United States of America|President]] [[George W. Bush|Bush]] beat Al Gore in 2000 even though Gore won the popular vote, because [[George W. Bush|Bush]] won a narrow majority of the electoral college.  Is that fair?

3.  [[President of the United States of America|President]] [[George W. Bush|Bush]] beat Al Gore in 2000 even though Gore won the popular vote, because [[George W. Bush|Bush]] won a narrow majority of the electoral college.  Is that fair?