SECTION 1 The Growth of Presidential Power SECTION 2 The
Presidents Executive Powers SECTION 3 Diplomatic and Military
Powers SECTION 4 Legislative and Judicial Powers
Slide 3
Why is Article II of the Constitution controversial? How have
Presidents own views affected the power of the office?
Slide 4
Article II, the Constitutions Executive Article, begins this
way: Called the most loosely drawn chapter in the Constitution.
Much controversy in U.S. history is based on executive power. The
executive power shall be vested in a President of the United States
of America. Article II, Section I
Slide 5
1. Unified branch. Invested in one person. Not shared with
others Congress must answer to 535 members and two houses. 2. Need
for immediate and decisive action in times of crisis (welfare,
employment, civil rights, war.) Presidents ability to act in those
times has increased power of the executive. 3. The Prez has the
ability to attract public attention through mass media, the public,
and their own party and use this to support their actions. 4.
Congress passes the laws and has little time or technical knowledge
to carry out the laws. This power rests with the executive. Thus,
as Congresss power has grown, so has the power of the President.
Bush responds to September 11 attacks
Slide 6
Though the President of the United States is considered to hold
the most powerful job in the world, this power is limited.
Remember, the framers created a Constitution based on limited
government. The President lives in a world of checks and balances,
and, at times the Supreme Court and Congress have limited his
powers. (G.W. Bushs use of military tribunals, Trumans steel mills
in Korean War)
Slide 7
1. The Executive Article of the Constitution is (a) Article I.
(b) Article II. (c) Article IV. (d) Article V.
Slide 8
Where does the President get the power to execute federal laws?
How does the appointing power work? How has the debate over the
removal power evolved? The execution of the laws is more important
than the making of them. Thomas Jefferson
Slide 9
As chief executive, the President executes (enforces,
administers, carries out) the provisions of federal laws. This
power reses on 2 brief Constitutional provisions: I will faithfully
execute the Office of President He shall take care that the laws be
faithfully executed. The Presidents power to execute the law covers
all federal laws. Their number and the different subject matters
are immense (armed forces, social security, gun control, minimum
wage, environmental protection, air traffic safety, immigration,
taxes, etc.)
Slide 10
Congress sets out the basic policies and standards. The
specific details, much of the fine print necessary to actually
administer the law, is up to the executive branch. For example:
Immigration laws require that all immigrants seeking permanent
admission the the U.S. must be able to read and understand some
dialect or language. How well must an immigrant be able to read and
write? What words must he/she know? How many? - It is up to the
executive branch, specifically U.S. Citizenship and Immigration
Services in the Department of Homeland Security.
Slide 11
The President has the power to issue executive orders. An
executive order is a directive, rule, or regulation that has the
effect of law. The power to issue these orders, the ordinance
power, arises from two sources: the Constitution and acts of
Congress. In order to exercise the powers given to the President in
the Constitution, laws be faithfully executed, the President must
have the power to issue the necessary orders, as well as the power
to implement them. Executive Orders are generally used to direct
federal agencies and officials in their execution of
congressionally established laws or policies. Sometimes, Congress
cannot agree exactly how to implement a law or program. This leaves
the decision to the federal agencies involved and the President
that stands at their head. When Congress fails to spell out in
detail how a law is to be executed, it leaves the door open for the
President to provide those details in the form of Executive Orders.
If Congress does not like what the executive branch is doing, it
can amend the law, but the Prez. can veto it. Congress can override
with 2/3 vote. Wars have been fought upon executive orders,
desegregation of public schools, internment of Japanese Americans
under FDR.
Slide 12
Article II, Section 2, Clause 2 says with Senate consent, the
President can name most top-ranking officers of the Federal
Government, including: (1) ambassadors and other diplomats; (2)
Cabinet members and their top aides (Vice Prez); (3) Heads of
agencies like Homeland Security (4) all federal judges (5) all
officers in the armed forces. John Kerry is Secretary of State
Slide 13
In general, the President may remove any appointees except
federal judges (in for life) Secretary of Defense? Secretary of
Homeland Security? Speaker of the House? Could Obama remove
Secretary of State, John Kerry? Can Obama remove the Speaker of the
House? John Boehner
Slide 14
2. Which of the following government officials is not appointed
by the President? (a) Supreme Court justices (b) Cabinet members
and their top aides (c) Speaker of the House (d) ambassadors and
other diplomats
Slide 15
How are treaties made and approved? What powers does the
President have in the role of commander in chief?
Slide 16
A treaty is a formal agreement between two or more sovereign
states (US and China). The President, usually through the secretary
of state, negotiates these international agreements. All treaties
must pass approval by a 2/3 of the members present vote in the
Senate.
Slide 17
Making Undeclared War Many Presidents have used the armed
forces abroad without a declaration of war (Congress has not
declared war since WWII). Many Presidents have used the armed
forces abroad, in combat, without Congress declaring war. The
Constitution makes the President the commander in chief of the
nations armed forces. - Has almost unlimited military powers. Bush
was given authority to send troops to Iraq but no Declaration of
War. Johnson sent troops to Vietnam but there was no Declaration of
War.
Slide 18
The War Powers Resolution The War Powers Resolution of 1973
limits the Presidents war powers. Grew out of anger over Vietnam
war. Nixon vetoed the law, Congress overrode veto with 2/3. The WPR
does 2 things: 1. President must report use of military to Congress
within 48 hours detailing reasons for use and plans. 2. Combat must
end within 60 days, unless Congress certifies a longer period. May
extend 30 days for safe troop withdrawal.
Slide 19
1. A treaty is (a) the power to build a navy and other armed
forces. (b) a formal agreement between two or more sovereign
states. (c) recognition of a foreign government by the President.
(d) a condemnation of a foreign government by the American people.
2. When acting as head of the nations armed forces, the President
is filling the role of (a) commander in chief. (b) chief
legislator. (c) head elector. (d) president pro tempore.
Slide 20
How are the Presidents legislative powers an important part of
the system of checks and balances? What are the Presidents major
judicial powers?
Slide 21
The Veto Power All legislation passed by Congress is sent to
the President for approval. If the President disapproves of a bill,
he can veto it. That veto can only be overturned by a two-thirds
vote of both houses of Congress (2/3 override is tough to get so
the Prez has tremendous power). Nixon vetoed the War Powers
Resolution. Congress overrode veto with a 2/3 vote in both
houses.
Slide 22
The Constitution gives the President the power to ...grant
reprieves and pardons for offenses against the United States,
except in cases of impeachment. Article II, Section 2, Clause 1 A
reprieve is the postponement of the execution of a sentence. A
pardon is legal forgiveness for a crime. (Ford pardoned Nixon)
These powers of clemency mercy or leniency may only be used in
cases involving federal offenses. Some governors have the power at
the State level. President pardons turkey on Thanksgiving part of
tradition.
Slide 23
The pardoning power also includes the power of commutation the
power to commute (reduce) the length of a sentence or a fine
imposed by a court. Also included is the power of amnesty, in
effect a blanket pardon offered to a group of law violators. In
1977, Jimmy Carter granted amnesty to Vietnam War draft evaders.
Men burning draft cards
Slide 24
1. A presidential veto of legislation can only be overturned by
a (a) two-thirds vote in both houses of Congress. (b) two-thirds
vote in the Senate. (c) two-thirds vote in the House. (d)
three-fifths vote in both houses of Congress. 2. Reprieves and
pardons are both examples of the Presidents (a) appointment power.
(b) wartime powers. (c) ordinance power. (d) clemency power.
