Department of Government, Law
& International Affairs
Murray State University
Course: POL 443 Credit
hours: 3 Semester: Fall 2008
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: (270) 809-2662 (office); 753-0126 (home); 556-6342
(cell); 809-2688
(fax)
E-mail: winfield.rose@murraystate.edu
URL: http://campus.murraystate.edu/academic/faculty/winfield.rose/main.htm
Office hours: 9:30 - 10:30 a.m. MWF;
9:30 a.m. - 12:30 p.m. & 1:45 - 3:00 p.m. TTh
IV. Class location, meeting time and language of
instruction: 500
Faculty
Hall, 12:30 - 1:45 p.m. TTh, August 21 - December 4, 2008;
English (it is not necessary to press 1).
V. Content outline: see Course
Outline
and Topics of Study.
VI. Required texts: (1)
Alexander
Hamilton, James Madison, and John Jay, The Federalist Papers (any
edition); (2) Raymond Tatalovich and Thomas Engeman, The Presidency
and Political Science: Two Hundred Years of Constitutional Debate, Johns
Hopkins University Press, 2003; (3) Eliot A. Cohen, Supreme Command: Soldiers, Statesmen, and
Leadership in Wartime, Fress Press, 2002; 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 reading 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 23 and October 28) and a
final
exam at the officially designated time (December 9); 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.
Bookmark this website for frequent use.
Read and study the chapters on the Presidency and Executive Branch in
your text
from
POL 140, American National Government.
James Bryce, "Why
Great Men Are Not Chosen Presidents," chapter 8 in
The American Commonwealth, 1888.
Barbara Tuchman,
"These Are Not Times That Evoke Great Leadership."
U. S. News & World Report June
30, 1980, p. 51.
Forrest McDonald,
"Supreme Court Nominees: A Look at the Precedents." Wall Street Journal September
16, 1987, p. 30.
Davidson, Oleszek,
& Lee, "Advice and Consent for Judicial Nominees." Congress and Its Members, CQ Press
2008, pp. 375-386. On reserve at the Waterfield Library.
Stephen B. Presser,
"Is
the Judicial Conformation Process Broken? What Would Hamilton,
Tocqueville, and Montesquieu Do?" Jurist Online Symposium April 15,
2004.
Jason Bair,
"Lessons Unlearned: The Pitfalls of Attempting to Influence Policy
through Strong Ideological Nominations to the Supreme Court." LBJ Journal of Public Affairs
Spring 2000, pp. 42-53.
Davidson, Oleszek,
& Lee, "Congress and the President." Congress and Its Members, CQ Press
2008, pp. 304-333. On reserve at the Waterfield Library.
Frederic D.
Schwarz and John Steele Gordon, "Why Presidents Have Lousy
Second
Terms." American Heritage Blog, AmericanHeritage.com,
October 12, 2005.
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, Free Press 1964: "The Three Pure
Types of Legitimate
Authority" et seq., pp.
324-373, including "The
Routinization of Charisma." On reserve
at the Waterfield Library.
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." On reserve at the Waterfield
Library; also
available on internet.
(2)
Creation
Alexander Hamilton, Federalist #’s 65-77.
Tatalovich &
Engeman, Introduction & chapter 1.
(3) Establishment: Washington, the indispensable man
Forrest McDonald, "Presidential Character: the Example of George
Washington."
Perspectives on
Political Science Summer 1997, v. 26 # 2, pp. 134-139. On
reserve.
Seymour
Lipset, "Establishing National Authority" in
The First New
Nation,
1963, pp. 15-23. On reserve.
POTUS (under Washington): the Jay Treaty and Washington's
Farewell Address.
(4) Jefferson and the Jeffersonians
See
Thomas
Jefferson on Politics & Government.
David Mayer, "By the Chains of the Constitution: Separation of Powers
Theory and Jefferson's Conception of the Presidency."
Perspectives on Political Science, Summer
1997, v. 26 # 2, pp.
140-148.
On reserve.
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). Access both via
internet.
Tatalovich
& Engeman, ch. 2.
(5) Jackson to Buchanan
See
POTUS
. .
. . . . , especially Jackson's inaugural addresses, the nullification
controversy, Trail of Tears.
Jakcson's
veto of the Second Bank of the United States (Avalon Project, Yale Law
School, internet)
President
James K. Polk & the Mexican War
Compromise of
1850, "Popular Sovereignty," Kansas-Nebraska Act.
Dred Scott v.
Sandford (1857)
(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.
Doris Kearns Goodwin, "Team of Rivals: The Political Genius of Abraham
Lincoln." Address to the Los Angeles World Affairs Council
November 15, 2005.
Access via LAWAC website.
(This address is based on her book with the same title.)
Winfield H. Rose,
The challenges Lincoln faced when he took office (lecture)
Geoffrey R. Stone,
"Civil Liberties in Wartime." Download from
Journal of Supreme Court History
November 2003 and read through the Civil War.
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: Johnson to McKinley
Tatalovich
& Engeman, chapter 3.
(8) Emergence
of the Modern Presidency: Theodore Roosevelt to Woodrow Wilson
Tatalovich
& Engeman, chapter 4.
William
Howard Taft, "
Limited
Presidential Power" from his book
Our
Chief Magistrate and His
Powers, 1916.
(9) Return to
"Normalcy": Harding, Coolidge & Hoover
Tatalovich & Engeman,
chapter 5.
(10) Growth and Consolidation of the Modern Presidency: FDR to Ike
John Ed Pearce, "Reflections on FDR on the 40
th anniversary
of
his death."
Louisville
Courier-Journal
April 7, 1985.
William E. Leuchtenburg, “Why the Candidates Still Use FDR as Their
Measure.”
American Heritage
February 1988.
Arthur Schlesinger, Jr., “The Real Roosevelt Legacy.”
Newsweek October 14, 1996.
“Perhaps the most controversial decision of the 20
th century
was Truman’s decision to use the atomic bomb.”
World War II July 1995.
Truman's dismissal of General Douglas MacArthur.
Tatalovich & Engeman, chapter 6.
(11) The
Shakespearean Tragedies: Kennedy
to Carter
Talalovich & Engeman,
chapters 7
& 8.
(12) The Reagan Restoration
Philip Abbott, "Leadership by Exemplar: Reagan's FDR and Thatcher's
Churchill."
Presidential
Studies Quarterly, v. 27 # 2, Spring 1997,
pp. 186-206.
Richard
Neustadt, “Has the Cold War Been Won?”
Business & Public Affairs Fall
1991.
Michael Barone, "He Leaves a Surprisingly Grand Legacy."
U. S. News & World Report Commemorative Edition, June 2004, pp.
78-81.
Tatalovich
& Engeman, chapter 9.
(13) The
Presidency
of Bill Clinton
(14) The Age of Terror
and the Presidency of George W. Bush
<>
Finish
Geoffrey R. Stone, "Civil Liberties in Wartime,"
op. cit.
Hamdan
v. Rumsfeld, SCOTUS #05-184; June 29, 2006. This
can be accessed several ways via the internet but be aware that the
entire opinion,
including references and
dissents, is 185 pages in length.
Tatalovich
& Engeman, chapter 10 & Conclusion.
(15) Special Topic: The
Executive in Wartime
Justin D. Lyons,
"Winston Churchill and the Rhetorical
Challenges of Democratic Statesmanship."
Perspectives on Political Science, v.
35 # 1,
Winter 2006, pp.
4-13.
Eliot A. Cohen,
Supreme
Command: Soldiers, Statesmen, and Leadership in Wartime.
Free Press, 2002. Also, if time permits (which it probably
will not) Clinton
Rossiter,
The Supreme Court and the
Commander-in-Chief expanded edition, "with an
introductory note and additional text
by Richard P. Longaker,"
Cornell University Press 1976 and/or William H. Rehnquist,
All the Laws But One: Civil Liberties in
Wartime,
Vintage Books, 1998.
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 9, 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 paper will be due November 11 (Veterans'
Day).
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 Ernie Fletcher, Rod Blagoevitch, Gray Davis or
_____________
Are all the laws, but one, to go unexecuted, and the government
itself go to pieces, lest that one be violated?
Abraham Lincoln
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