8 Roles8 RolesState (Monarch in Britain)State (Monarch in Britain)

1. Chief of State1. Chief of State2. Chief Citizen2. Chief Citizen

Government (PM in Britain)Government (PM in Britain)3. Chief Executive3. Chief Executive4. Chief Administrator4. Chief Administrator5. Chief Diplomat5. Chief Diplomat6. Commander in Chief6. Commander in Chief7. Chief Legislator7. Chief Legislator8. Chief of Party8. Chief of Party

Reasons for Expansion of Power: Imperial Reasons for Expansion of Power: Imperial PresidencyPresidency

1.1. Unity of the presidencyUnity of the presidency2.2. Presidential personalityPresidential personality3.3. Changing needs of the people (industrialization, Changing needs of the people (industrialization,

population growth, etc.population growth, etc. larger bureaucracy) larger bureaucracy)4.4. Congress– delegated power to the President (lack Congress– delegated power to the President (lack

of time and knowledge and accountability)of time and knowledge and accountability)5.5. ““Bully pulpit”– use of mass media to garner support Bully pulpit”– use of mass media to garner support

for programsfor programs6.6. National Security/ Foreign Policy (myth of National Security/ Foreign Policy (myth of

commander-in-chief)commander-in-chief)7.7. Secrecy (within White House and in bureaucracy)Secrecy (within White House and in bureaucracy)

Examples of Imperial PresidentsExamples of Imperial PresidentsAndrew Jackson: Indian Removal; use of veto as political Andrew Jackson: Indian Removal; use of veto as political weapon (myth of checks and balances)weapon (myth of checks and balances)FDR: New Deal Dictator, Court PackingFDR: New Deal Dictator, Court PackingLyndon Johnson: Lying about warLyndon Johnson: Lying about warRichard Nixon: Impoundment, Richard Nixon: Impoundment, New York TimesNew York Times v. v. U.S.U.S.; ; U.S. U.S. v. v. NixonNixonRonald Reagan: Iran-Contra (Dick Cheney: unitary Ronald Reagan: Iran-Contra (Dick Cheney: unitary executive)executive)George Bush: Gitmo, Geneva Convention + torture, George Bush: Gitmo, Geneva Convention + torture, signing statements, signing statements, unitary executive theoryunitary executive theory, 2001 , 2001 Presidential papers [Freedom of Information Act (50), Presidential papers [Freedom of Information Act (50), Presidential Records Act (12)]Presidential Records Act (12)]Barack Obama: stimulus/bailout; state secrets/sovereign Barack Obama: stimulus/bailout; state secrets/sovereign immunityimmunity

Rule of Law or Men?Rule of Law or Men?Jon Meacham, “The Editor’s Desk,” Jon Meacham, “The Editor’s Desk,” NewsweekNewsweek, 25 April 2009, writing , 25 April 2009, writing about the debate over investigating Bush Admin, et.al. for torture policyabout the debate over investigating Bush Admin, et.al. for torture policy

““The answer depends, at least in part, on how we turn back The answer depends, at least in part, on how we turn back the page. Is a Watergate- or Iran-contra-style congressional the page. Is a Watergate- or Iran-contra-style congressional probe the way to go? No, for public hearings encourage—probe the way to go? No, for public hearings encourage—demand, really—dramatic plays for attention from demand, really—dramatic plays for attention from lawmakers. Such a stage would lead to the expression of lawmakers. Such a stage would lead to the expression of extreme views.extreme views.So we do not want that. Nor, I think, do we want to open So we do not want that. Nor, I think, do we want to open criminal investigations into those who participated in brutal criminal investigations into those who participated in brutal interrogation methods. And to pursue criminal charges interrogation methods. And to pursue criminal charges against officials at the highest levels—including the former against officials at the highest levels—including the former president and the former vice president—would set a terrible president and the former vice president—would set a terrible precedent….That is precedent….That is not to say presidents and vice not to say presidents and vice presidents are always above the lawpresidents are always above the law; there could be ; there could be instances in which such a prosecution is appropriate, but instances in which such a prosecution is appropriate, but based on what we know, this is not such a case….”based on what we know, this is not such a case….”

Powers of the PresidentPowers of the President

2.1 “The executive Power shall be vested 2.1 “The executive Power shall be vested in a President of the United States of in a President of the United States of America. …”America. …”2.1.8: “I do solemnly swear (or affirm) that 2.1.8: “I do solemnly swear (or affirm) that I will faithfully execute the Office of I will faithfully execute the Office of President of the United States, and will to President of the United States, and will to the best of my Ability, preserve, protect the best of my Ability, preserve, protect and defend the Constitution of the United and defend the Constitution of the United States.”States.”

Executing the LawExecuting the Law

Latitude: execution requires interpretation Latitude: execution requires interpretation (Nixon + impounding controversy)(Nixon + impounding controversy)– Take care powerTake care power executive’s necessary and executive’s necessary and

proper clause?proper clause?

Ordinance Power: implied by Constitution, Ordinance Power: implied by Constitution, given by statutesgiven by statutes– Executive Order: Directive, rule, or regulation Executive Order: Directive, rule, or regulation

that has the effect of law (Internment: 9066, that has the effect of law (Internment: 9066, Non-discrim: 8802, Integrate mil: 9981)Non-discrim: 8802, Integrate mil: 9981)

Appointment PowerAppointment Power

2.2.2 w/advice + consent Senate2.2.2 w/advice + consent Senate

1) Ambassadors and diplomats1) Ambassadors and diplomats

2) Cabinet members + top aides2) Cabinet members + top aides

3) Heads independent agencies3) Heads independent agencies

4) Federal judges, attorneys, US marshals4) Federal judges, attorneys, US marshals

5) Officers armed forces5) Officers armed forces

Removal PowerRemoval Power

DebatableDebatable

May remove those who he appointsMay remove those who he appoints

Pendleton and Hatch: Spoils SystemPendleton and Hatch: Spoils System– Department of Homeland SecurityDepartment of Homeland Security– US Attorneys scandalUS Attorneys scandal

Diplomatic and Military PowersDiplomatic and Military Powers

TreatyTreaty

Executive agreementExecutive agreement

Recognition: Taiwan, IsraelRecognition: Taiwan, Israel

Commander in Chief (when called into active Commander in Chief (when called into active duty BY CONGRESS)duty BY CONGRESS)

War Powers Act (1973)War Powers Act (1973)– 1) W/in 48 hours must notify, 2) Combat must end 1) W/in 48 hours must notify, 2) Combat must end

w/in 60 days but can extend 30 days for safe w/in 60 days but can extend 30 days for safe withdrawal, 3) Congress may end at any time withdrawal, 3) Congress may end at any time w/concurrent resolutionw/concurrent resolution

Legislative and Judicial PowersLegislative and Judicial Powers

2.3: “shall from time to time give to the Congress 2.3: “shall from time to time give to the Congress Information on the State of the Union, and Information on the State of the Union, and recommend to their Consideration such recommend to their Consideration such Measures as he shall judge necessary and Measures as he shall judge necessary and expedient…” (2.3)expedient…” (2.3)Veto, line-item veto (unconstitutional)Veto, line-item veto (unconstitutional)– Signing statementsSigning statements

Special session, prorogueSpecial session, prorogueReprieve, pardon, clemency, amnesty, Reprieve, pardon, clemency, amnesty, commutationcommutation