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Chapter 14: The Presidency in Action Section 1

Chapter 14: The Presidency in Action Section 1

Copyright © Pearson Education, Inc. Slide 2Chapter 14, Section 1

Article IIArticle II

• Article II of the Constitution gives the President power to:– Command the armed

forces– Make treaties– Approve or veto acts of

Congress– Send or receive

diplomats– “Take care that the Laws

be faithfully executed.”


Growth of PowerGrowth of Power

– Compared to Congress, the executive branch is a unified office with one leader, capable of quicker decisions.


Growth of Power, cont.Growth of Power, cont.

• Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch.

– Certain Presidents have used the influence of their office to increase the scope of presidential power.


Growth of Power, cont. Growth of Power, cont.

• The size of the staff supporting the President has grown, allowing involvement in more areas of government.


Imperial PresidencyImperial Presidency

• In recent years, some critics claim that the presidency has grown too powerful.

• They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.


Imperial Presidency, cont.Imperial Presidency, cont.

• Supporters of the imperial presidency argue that the President often needs to act more swiftly than would be possible if he or she had to wait for congressional approval.

Chapter 14: The Presidency in ActionSection 2



The Chief ExecutiveThe Chief Executive

• The President enforces and carries out all federal laws. This authority comes from two sources:– The oath of office,

which requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution.”

– The constitutional requirement that the President “take Care that the Laws be faithfully executed.”


Interpreting LawsInterpreting Laws

• Congress passes many laws that set out broad policies, but do not include specific details for enforcement.

• The President and other members of the executive branch must decide how these laws should be administered and enforced.

• To do so, they must often interpret the intent of these laws.


The Ordinance PowerThe Ordinance Power

• The President can issue executive orders—rules and regulations that have the force of law. This is called the ordinance power.


The Appointment PowerThe Appointment Power

• The Constitution grants the President appointment power, the ability to appoint some federal officials.


Presidential AppointmentsPresidential Appointments

• Presidents appoint top-ranking officials such as:– Cabinet members and their top aides– Ambassadors and other diplomats– The heads of independent agencies– All federal judges, U.S. marshals, and

attorneys– All officers in the U.S. armed forces

• These appointments must be a approved by a majority vote of the Senate.


Recess AppointmentsRecess Appointments

• The president can make recess appointments to fill vacancies when the Senate is not in session.


The Removal PowerThe Removal Power

• The Constitution does not say how appointed officers should be removed.

– Some politicians wanted Senate approvalfor removals as well as appointments.

– Others argued that the President must have the power to remove incompetent appointees.


Executive PrivilegeExecutive Privilege

• At times, Presidents have refused to reveal certain information to Congress or the federal courts.

• Congress has never officially recognized the right of executive privilege.– The President’s advisers and staff must be able to

speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.




Chief DiplomatChief Diplomat

• The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role:

– The President is the commander in chief of the nation’s armed forces.

– The President, usually acting through the secretary of state, negotiates treaties with foreign nations.


TreatiesTreaties

• Treaties have the same legal status as an act of Congress.

• Congress can repeal a treaty by passing a law that nullifies its provisions.

• An existing law can be repealed by the terms of a treaty.

• A treaty cannot conflict with any part of the Constitution.

• If a treaty and a federal law conflict, the most recently passed measure wins.


Treaties and the SenateTreaties and the Senate

• A two-thirds majority of the Senate must approve all treaties before they go into effect.


Executive AgreementsExecutive Agreements

– Presidents can make executive agreements without Senate approval.

– These agreements cannot overrule state or federal law.

– Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.


Power of RecognitionPower of Recognition

• The President recognizes the legal status of other nations on behalf of the United States.

• Countries usually recognize each other by exchanging diplomatic representatives.


Power of Recognition, cont.Power of Recognition, cont.

• Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.

• Recognizing a new nation, such as Panama or Israel, can help ensure its success.

• Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.


Commander in ChiefCommander in Chief

• Presidents delegate many command decisions to military officers

• Presidents make the most critical decisions

• It is difficult for Congress to challenge many presidential command decisions.


Making Undeclared WarMaking Undeclared War

• Only Congress can declare war• Many U.S. presidents have sent armed forces

into combat abroad without a declaration of war:

– John Adams had the U.S. Navy fight French warships in 1798.

– Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup.

– George H.W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989.

– Bill Clinton sent troops to the Balkans in the 1990s.


Congressional ResolutionsCongressional Resolutions

• Congress has not declared war since World War II.

• However, Congress has passed eight joint resolutions authorizing the President to use military force abroad


War Powers ActWar Powers Act

• The War Powers Act states that the President can commit military forces to combat only

– If Congress has declared war, OR

– If Congress has authorized military action, OR

– If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.




Legislative PowersLegislative Powers

• The President sends messages to Congress to suggests legislation.

• There are three major messages a year:• The State of the Union, delivered to a joint

session of Congress.• The President’s budget message• The Annual Economic Report


Veto PowerVeto Power

– Every bill or measure requiring the consent of both House and Senate must be submitted to the President.


Veto Power, cont.Veto Power, cont.

– In response, the President can:

• Sign the bill into law• Veto the bill• Allow the bill to become

law by not acting upon it within ten days

• Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days.

President Ford prepares to address the nation about his decision on vetoing a tax cut.


Overriding a VetoOverriding a Veto

• Congress can override a veto with a two-thirds majority, but this rarely happens.


Line-Item VetoLine-Item Veto

• The President can either accept all of a bill or reject all of it.

• The Supreme Court has ruled that the line-item veto power can only be given to the President by a constitutional amendment.


Line-Item Veto, cont.Line-Item Veto, cont.

– Supporters argue that this would cut down on wasteful federal spending.

– Opponents argue that the line-item veto would shift too much power from the legislative branch to the executive branch.


Judicial PowersJudicial Powers

• The President can grant pardons and reprievesin federal cases.


Judicial Powers, cont.Judicial Powers, cont.

– The President can commute, or reduce, a fine or prison sentence.

– The President can also issue a blanket amnesty that pardons a group of people.

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