Department of Government, Law & International Affairs

Murray State University

Course:  POL 443        Credit hours: 3        Semester: Fall 2006

The President is the symbol of who the people of the United States
are. He is the person who stands for us in the eyes of the world
and the eyes of our children.  -  William J. Bennett

Nearly all men can stand adversity but if you want to test
a man's character, give him power.  -  Abraham Lincoln


   I.  Title:  The Executive Process

  II.  Course description:  A survey of executive powers at the national, state, and local levels with special emphasis on the office of the Presidency.

 III.  Instructor:  Dr. Winfield H. Rose
            Office location:  5A-10 Faculty Hall
            Phone numbers:  (502) 762-2662 (office); 753-0126 (home); 762-2688 (fax)
            E-mail:  winfield.rose@murraystate.edu
            URL:  http://campus.murraystate.edu/academic/faculty/winfield.rose/main.htm
            Office hours:  9:00 - 10:30 a.m. MWF
                                  9:00 a.m. - 12:00 noon TTh

 IV.  Class location, meeting time and language of instruction:  507 Faculty Hall, 12:30  - 1:45 p.m. TTh, August 24 - December 7, 2006; English (it is not necessary to press 1).

   V.  Content outline:  see Course Outline and Topics of Study.

  VI.  Required texts:  (1)  Sidney M. Milkis and Michael Nelson, The American Presidency: Origins & Development, 1776 - 2002 (4th edition),  CQ Press, 2003;  (2) Alexander Hamilton, James Madison, and John Jay, The Federalist Papers (any edition); (3) Raymond Tatalovich and Thomas Engeman, The Presidency and Political Science: Two Hundred Years of Constitutional Debate, Johns Hopkins University Press, 2003; and (4) POL 443 Supplement, a collection of supplementary materials which may be purchased at Copy Express.  Supreme Court opinions may be accessed via Findlaw.

 VII.  Instructional activities:  Classes will be a combination of discussion and lecture. Students should come to class with their assignment read and they should be prepared to answer as well as ask questions.  Class attendance is important and expected; roll be will taken every day. Use will be made of the Internet for some class reading materials.  When your textbook mentions court cases, use Findlaw to access them for further study.  You are also encouraged to watch appropriate programming on the A & E, Discovery, PBS, TLC, and History channels.

VIII.  Academic honesty:  The policy statement on academic honesty adopted by the Board of Regents on February 14, 1975 and reprinted in the Undergraduate Bulletin is hereby incorporated into this syllabus.

IX.  Course requirements:  There will be two tests (September 21 and October 26) and a final exam at the officially designated time (December 12); these together will constitute 60% of your grade (20%@).  Your outside writing requirement, as prescribed below, will count as 20% of your grade.  Attendance (15%)  and class participation (5%) will form the basis of the final 20% of your course grade.

   X.  Prerequisites:  Junior standing, an inquiring mind, a desire to learn, and a willingness to work.

  XI.  Purpose and Objective:  To understand the origin, development, and current status of the executive process with primary emphasis on the American Presidency.

 XII.  Students with disabilities:  Students with bona fide disabilities should contact me privately and appropriate arrangements will be made.

XIII.  Class policies:   There are three social practices which have become acceptable in many places but not in my classes.  They are (1) wearing caps; (2) having cell phones and pagers go off; and (3)  listening to devices such as a Walkman or iPod.  These activities will not be well received.

XIV.  General websites:

The White House
Presidency Research Group
Center for the Study of the Presidency
 American Memory: Historical Collections for the National Digital Library
American Presidents: Life Portraits
The Inaugural Classroom
The American Presidency
A Chronology of U. S. Historical Documents
Townhall's Congressional Resource Center
Presidential Libraries
Presidents of the United States
THOMAS: Legislative Information on the Internet
National Archives and Records Administration
Findlaw: U. S. Supreme Court Opinions
Character Above All: An Exploration of Presidential Leadership

Federal Law Pertaining to Presidential Elections and Controversies:
Title 3, United States Code, Chapter 1


Authorization for Use of Military Force Against Iraq Resolution of 2002
Public Law 107-243  -  October 16, 2002

I pray Heaven to bestow the best of blessings on this house and on all that shall hereafter
inhabit it.   May none but honest and wise men ever rule under this roof.
John Adams, Second President of the United States
Letter to his wife, Abigail, November 2, 1800
On moving into the White House
 

Course Outline and Topics of Study


   I.  Introductory Session:

           Go to Grolier Online: The American Presidency and take the quizzes.

  II.  The Basics:

           The United States Constitution, Articles I & II.  Amendments XII, XX, XXII, & XXV.
            Examine Internet Public Library: POTUS/Presidents of the United States.
            Read the chapters on the Presidency and Executive Branch in your text from POL 140,  American National Government.
            Go to Court TV Law Links: Government Sites. and familiarize yourself with the agencies of the federal government via their websites.  Also familiarize yourself with the Office of the Federal Register and the official White House website.

 III.  The Theoretical Basis of Executive Power

            A. M. Henderson and Talcott Parsons, From Max Weber: The Theory of Social and Economic Organization, "The Three Pure Types of Legitimate Authority" et seq., pp. 324-373, including "The Routinization of Charisma."   POL 443 Supplement.

  IV.  The American Presidency:

            (1) Ancestry

            "The Magna Carta and Its American Legacy" and the English Bill of Rights (find on Internet).

 Sir William Blackstone, Commentaries on the Laws of England, volume 1, book 1, chapter 6, "Of the King's Duties," and chapter 7, "Of the King's Prerogative."  Supplement.
 
            (2)  Creation

            Milkis & Nelson, chapters 1 & 2.
            Alexander Hamilton, Federalist #’s 65-77.
            Tatalovich & Engeman, Introduction & chapter 1.

            (3)  Establishment:  Washington, the indispensable man

            Milkis & Nelson, chapter 3.
            Forrest McDonald, "Presidential Character: the Example of George Washington."  Supplement.
            Seymour Lipset, "Establishing National Authority" in The First New Nation, 1963.  Supplement.
            POTUS, the Jay Treaty and Washington's Farewell Address.
            The Kentucky Resolutions of 1798 (find on internet and read)

            (4)  Jefferson and the Jeffersonians

            See Thomas Jefferson on Politics & Government.
            Milkis & Nelson, chapter 4;  Winfield H. Rose, "Marbury v. Madison: How John Marshall Changed History by Misquoting the Constitution", PS: Political Science & Politics, April 2003, pp.                     209-214; read the Marbury opinion at 5 U.S. 137 (1803).  
            David Mayer, “By the Chains of the Constitution: Separation of Powers Theory and Jefferson’s Conception of the Presidency.” Supplement.
            Walter Williams, "Is It Permissible?"  Supplement.
            Tatalovich & Engeman, ch. 2.

            (5) The Jacksonian Era

            Milkis & Nelson, chapter 5.
           
            (6) Preservation: The Presidency of Abraham Lincoln

            See Lincoln under POTUS: especially the first and second inaugural addresses, the Emancipation Proclamation, and the Gettysburg Address.
            Milkis & Nelson, chapter 6;  Ex Parte Milligan, 71 U.S. 2 (1866).
            Lincoln’ Letter to Hodges. Supplement.
            Paul F. Boller, "1864: Lincoln and the War Crisis."  Supplement.
            The History Place Presents Abraham Lincoln
            The U. S. Civil War 1861-1865
            Lincoln: A New Biography.  Interview with Prof. David Herbert Donald by David Gergen.
            Abraham Lincoln's Birthday: What Makes A Strong Leader?  (Prof. Donald responds to questions.)

(7) Age of the Lilliputians

             Milkis & Nelson, chapter 7.
             James Bryce, 'Why Great Men Are Not Chosen President."  Supplement.
             Tatalovich & Engeman, chapter 3.

            (8) Emergence of the Modern Presidency

 Milkis & Nelson, chapters 8 & 9.
 Roosevelt and Taft on Presidential power.  Supplement.
 Tatalovich & Engeman, chapter 4.

 (9) Return to "Normalcy"
 
  Milkis & Nelson, chapter 10; Tatalovich & Engeman, chapter 5.

           (10) Growth and Consolidation of the Modern Presidency
 
    
              Milkis & Nelson, chapter 11.
              John Ed Pearce, Reflections on FDR on the 40th anniversary of his death. Supplement.
              William E. Leuchtenburg, “Why the Candidates Still Use FDR as Their Measure.” Supplement.
              Arthur Schlesinger, Jr., “The Real Roosevelt Legacy.” Supplement.
             “Perhaps the most controversial decision of the 20th century was Truman’s decision to use the atomic bomb.” Supplement.
              Tatalovich & Engeman, chapter 6.
       
            (11)  The Shakespearean Tragedies

   
             Milkis & Nelson, chapter 12; Talalovich & Engeman, chapters 7 & 8.
      
            (12)  The Reagan Restoration

    
             Milkis & Nelson,  chapter 13;
             Richard Neustadt, “Has the Cold War Been Won?” Supplement
      
      Michael Barone, "He Leaves a Surprisingly Grand Legacy."  U. S. News & World Report Commemorative Edition, June 2004, pp. 78-81.  Supplement.
             Tatalovich & Engeman, chapter 9.

 (13)  The Presidency of Bill Clinton

            Milkis & Nelson, chapter 14.
 
             (14) The Age of Terror and the Presidency of George W. Bush
  
Milkis & Nelson, chapter 15; 
Gerald Posner, "I Was Wrong About Bush."  Supplement.
Geoffrey R. Stone, "Civil Liberties in Wartime,"  Download from the Journal of Supreme Court History (see last page of Supplement).
Tatalovich & Engeman, chapter 10 & Conclusion.

 
Additional Resources:

Barbara Jordan, "Opening Statement to the House Judiciary Committee Proceedings on Impeachment of President Richard Nixon"
Independent Counsel/Special Prosecutor statute: 28 USC 40, 591-599.
Campaign finance and the Pendleton Act
Pendleton (Civil Service Reform) Act of 1883
Cancellation of Legislative Items Pursuant to Line Item Veto Act (Public Law 104-130)
Instances of Use of United States Forces Abroad, 1798-1993
World War I
Yesterday, December 7, 1941 - a date which will live in infamy - World War II
Integration of the U. S. military:  Executive Order 9981
NATO Homepage
Tonkin Gulf Resolution
The Gulf War: Go to THOMAS and click on 101st Congress, H. J. RES. 658.
Kyoto Protocol of 1997
For a critical analysis of the Kyoto Protocol, see Professor Patrick J. Michaels' testimony before the Committee on Small Business, U. S. House of Representatives July 29, 1998.
Report of the Commission to Assess the Ballistic Missile Threat to the United States (the Rumsfeld Commission) July15, 1998.  Enter Rumsfeld Commission into Yahoo.
National Political Index: Campaigns and Elections
Yahoo's U. S. Presidential Elections
John F. Kennedy, President-Elect.  "Address to the General Court of the Commonwealth of Massachusetts."  January 9, 1961.  (Access via POTUS)
Essays from Character Above All, edited by Robert A. Wilson, PBS, 1997.
                Doris Kearns Goodwin on Franklin D. Roosevelt
                David McCullough on Harry S. Truman
                Stephen E. Ambrose on Dwight D. Eisenhower
                Richard Reeves on John F. Kennedy
                Robert Dallek on Lyndon B. Johnson
                Tom Wicker on Richard M. Nixon
                James Cannon on Gerald Ford
                Hendrick Hertzberg on Jimmy Carter
                Peggy Noonan on Ronald Reagan
                Michael Beschloss on George Bush (41)

Final examination Tuesday, December 12, 1:30 p.m.,  507 FH.
 
 

Outside Writing Assignment:

Your outside writing assignment for POL 443 is to research and write a scholarly paper on an appropriate topic pertaining to the executive process.  This paper should be at least 20 pages in length with text in #12 font, and should be done in a highly competent, professional manner.  It should be written according to the American Political Science Association style manual and in comformity with my handout "Tips on Good Writing" which can be accessed via my homepage.  Excessive errors in grammar, spelling, and punctuation cannot be accepted.  The cornerstone concept here is the word scholarly; your assignment is not to write a lengthy op-ed piece or what is commonly called a "screed," but a scholarly paper that is worthy of presentation during Scholars' Week next spring, that is worthy of submission  in the annual Pi Sigma Alpha outstanding paper in political science competition, and that is worthy of submission  to Chrysalis.

While there is not much flexibility in the level of scholarship expected, there is considerable flexibility in the selection of topic.  Here you should select something that really interests you and that you will enjoy working on.  Some possible topics are listed below; narrow the list down to three or four and then come talk with me.   This list is not exhaustive, but if you wish to select another topic you definitely should discuss it with me beforehand. 

The president and the press                                                     
Presidential scandals and how they were managed
The Clinton impeachment
The Johnson impeachment  
Presidential war powers as seen by the Supreme Court
Judicial nominations: successes and failures (To what extent have presidents been able to influence policy via their judicial nominations?)
Cabinet nominations: successes and failures
Evolution and current status of executive immunity
Executives and crisis management (Fort Sumpter, Pearl Harbor, Cuban Missile Crisis, 9/11, Katrina, etc.)
Presidential vetoes
Presidential use of executive clemency
Use and abuse of the special prosecutor
Presidential greatness (do presidents who have been state governors make the best presidents?)
Failed presidencies
The Lockean Prerogative
The presidency of  ____________________
The War Powers Resolution of 1973
The president as party leader/chief fund-raiser/campaigner-in-chief
The president as chief diplomat
The president as chief economist
The president as commander-in-chief (Are presidents with prior military experience better commanders-in-chief?)
The president as chief legislator (Are presidents with prior Congressional experience better at getting their programs through Congress?)
Truman's dismissal of General MacArthur
Which discipline, history or political science, has made the greater contribution to the study of the American presidency?
To what extent does recent scholarship on the presidency support Neustadt's thesis that presidential power is the power to persuade?
Is Bryce's thesis that great men do not become president still true today?
The dynamics by which a president changes the presidency and/or our (future) expectations of the presidency
What do presidents do when they are out of office (the president as former president)?
The presidency of Jefferson Davis
The rise and fall of the Ottoman Caliphate
Gladstone/Disraeli/Lloyd-George/Chamberlain/Churchill/Thatcher/Blair
_______________ the Great (Elizabeth I, Peter, Catherine, Gregory, John Paul II)
The advantages and disadvantages of the presidential v. parliamentary forms of executive authority
Bismarck, Stalin, Hitler, Mussolini, Franco, Tito, Castro, __________
Rudy Guiliani, mayor of the world
The American mayor
The American governor
The tribulations of Gov. Ernie Fletcher




 
 

Aggressive fighting for the right is the noblest sport the world affords.
Theodore Roosevelt

The only thing we have to fear is fear itself.
Franklin D. Roosevelt

Ask not what your country can do for you.  Ask what you can do for your country.
John F. Kennedy

If history teaches anything, it teaches that self delusion in the
face of unpleasant facts is folly.
Ronald Reagan

If we learned anything from World War II, we
learned that appeasement doesn't work.
George Bush

I believe we are on an irreversible trend toward more
freedom and democracy - but that could change.
Al Gore