Chapter 14: The Presidency in Action

Chapter 14: The Presidency in Action

Section 1: The Growth of Presidential PowerSection 1: The Growth of Presidential Power

VocabularyVocabulary

Executive Article

Article II - establishes and gives executive power of the Federal Government to the President

Executive Article

Article II - establishes and gives executive power of the Federal Government to the President

Imperial Presidency

Used to describe the president as an emperor who keeps secrets, often used in reference to Nixon

Imperial Presidency

Used to describe the president as an emperor who keeps secrets, often used in reference to Nixon

Article IIArticle II

Article II is the EXECUTIVE ARTICLE and says that the executive power of the United States is vested in the President of the United States

Article II is the EXECUTIVE ARTICLE and says that the executive power of the United States is vested in the President of the United States

Article II reads like an OUTLINE, it is the most loosely drawn chapter in the Constitution.

Article II reads like an OUTLINE, it is the most loosely drawn chapter in the Constitution.

Why Presidential Power Has Grown

Why Presidential Power Has Grown

Over time the champions of a stronger presidency have almost always WON. Reasons include

Unity

Characteristics of the President

Over time the champions of a stronger presidency have almost always WON. Reasons include

Unity

Characteristics of the President

Reasons cont

Economic and social advances

More industrial and technological society so they need a central unit with more power

Reasons cont

Economic and social advances

More industrial and technological society so they need a central unit with more power

Reasons cont

Need for extraordinary and decisive action in times of emergency

Congress has also strengthened the presidential hand

Reasons cont

Need for extraordinary and decisive action in times of emergency

Congress has also strengthened the presidential hand

Presidents hold one of two views

Stewardship Theory/Imperial Presidency

They are stewards to the people, to do what they can for the people. They can do anything the needs of the country demand unless forbidden by the Constitution

Presidents hold one of two views

Stewardship Theory/Imperial Presidency

They are stewards to the people, to do what they can for the people. They can do anything the needs of the country demand unless forbidden by the Constitution

Critics of the steward/imperial presidency

worry that Presidents have become isolated policy makers who are accountable to the American people

Critics of the steward/imperial presidency

worry that Presidents have become isolated policy makers who are accountable to the American people

Section 2: The President’s Executive Power

Section 2: The President’s Executive Power

Oath of Office

Oath taken by the President on the day he takes office, pledging to “faithfully execute” the office and “preserve, protect, and defend” the Constitution

Oath of Office

Oath taken by the President on the day he takes office, pledging to “faithfully execute” the office and “preserve, protect, and defend” the Constitution

Executive Order

Directive, rule or regulation issued by a president. It has the force of law

Executive Order

Directive, rule or regulation issued by a president. It has the force of law

Ordinance Power

Power of president to issue executive orders; originates from the Constitution and acts of Congress

Ordinance Power

Power of president to issue executive orders; originates from the Constitution and acts of Congress

As chief executive, the President executes or ENFORCES, ADMINISTERS, CARRIES OUT the provisions of federal law

As chief executive, the President executes or ENFORCES, ADMINISTERS, CARRIES OUT the provisions of federal law

Executing the LawExecuting the Law

This power to execute the law covers all FEDERAL law, examples include

Armed Forces, Social Security

Minimum Wage, Gun Control

Affirmative Action, Housing, Taxes

This power to execute the law covers all FEDERAL law, examples include

Armed Forces, Social Security

Minimum Wage, Gun Control

Affirmative Action, Housing, Taxes

In executing and enforcing, the executive branch also interprets it. Congress writes them in fairly BROAD language, giving the executive branch lots of leniency.

In executing and enforcing, the executive branch also interprets it. Congress writes them in fairly BROAD language, giving the executive branch lots of leniency.

Ordinance PowerOrdinance Power

The President has the power to issue EXECUTIVE ORDERS

The power to issue an executive order derives from the CONSTITUTION AND CONGRESS

The Constitution does not mention the ORDINANCE POWER but it is clearly intended or implied

The President has the power to issue EXECUTIVE ORDERS

The power to issue an executive order derives from the CONSTITUTION AND CONGRESS

The Constitution does not mention the ORDINANCE POWER but it is clearly intended or implied

Appointment PowerAppointment Power

The President cannot hope to SUCCEED without loyal subordinates who support his/her policies

why?

The President cannot hope to SUCCEED without loyal subordinates who support his/her policies

why?

With Senate consent, the President names the following

Ambassadors and other diplomats

Cabinet members and top aides

Heads of such independent agencies as the EPA or NASA

Federal judges, US Marshals, Attorneys

All officers in the armed forces

With Senate consent, the President names the following

Ambassadors and other diplomats

Cabinet members and top aides

Heads of such independent agencies as the EPA or NASA

Federal judges, US Marshals, Attorneys

All officers in the armed forces

Removal PowerRemoval Power

How exactly should they be removed? It does not say anything about it in the Constitution.

The First Congress gave the President the power to remove any officer he nominated except federal judges

How exactly should they be removed? It does not say anything about it in the Constitution.

The First Congress gave the President the power to remove any officer he nominated except federal judges

In Myers v US the Supreme Court held that the power of removal was an essential part of the executive power, needed to faithfully execute the laws

In Myers v US the Supreme Court held that the power of removal was an essential part of the executive power, needed to faithfully execute the laws

Only can be removed in cases of inefficiency, neglect of duties or malfeasance in office

As a general rule, the President may remove those whom the President appoints

Only can be removed in cases of inefficiency, neglect of duties or malfeasance in office

As a general rule, the President may remove those whom the President appoints

Section 3: Diplomatic and Military Powers

Section 3: Diplomatic and Military Powers

VOCAB

Executive Agreement

Pact made by a president with the head of a foreign state; binding and counts as law but DOES NOT require Senate approval

VOCAB

Executive Agreement

Pact made by a president with the head of a foreign state; binding and counts as law but DOES NOT require Senate approval

Recognition

Power of the President to recognize (establish diplomatic relations) with a foreign state

Recognition

Power of the President to recognize (establish diplomatic relations) with a foreign state

Power to make treatiesPower to make treaties

The President negotiates TREATIES but SENATE must give its approval by 2/3 vote of those present

Only a relatively SMALL minority in the Senate can kill a treaty

The President negotiates TREATIES but SENATE must give its approval by 2/3 vote of those present

Only a relatively SMALL minority in the Senate can kill a treaty

Exec. AgreementsExec. Agreements

The President has a right to make a EXECUTIVE AGREEMENT with the head of a foreign state or between subordinates

Unlike treaties, these do NOT require Senate consent

The President has a right to make a EXECUTIVE AGREEMENT with the head of a foreign state or between subordinates

Unlike treaties, these do NOT require Senate consent

RecognitionRecognition

The president has the power of RECOGNITION. This indicates that the President acknowledges the legal existence of another country.

The President may also show American DISPLEASURE with the conduct of another country by asking for a recall of their nation’s ambassador or other diplomatic representative.

The president has the power of RECOGNITION. This indicates that the President acknowledges the legal existence of another country.

The President may also show American DISPLEASURE with the conduct of another country by asking for a recall of their nation’s ambassador or other diplomatic representative.

Commander in ChiefCommander in Chief

Presidents DELEGATE much of their command authority to military subordinates but they are not required to do so

Presidents have often used armed forces abroad without a DECLARATION OF WAR.

Presidents DELEGATE much of their command authority to military subordinates but they are not required to do so

Presidents have often used armed forces abroad without a DECLARATION OF WAR.

Many feel that the President must be able to respond rapidly and effectively to threats to the nation’s security.

Many feel that the President must be able to respond rapidly and effectively to threats to the nation’s security.

War Powers Resolution 1973

Within 48 hours of committing forces

the President must report to Congress

Combat commitment must end within 60 days unless Congress agrees to a longer period

Congress may end the combat commitment at any time, by passing a concurrent resolution to that effect

War Powers Resolution 1973

Within 48 hours of committing forces

the President must report to Congress

Combat commitment must end within 60 days unless Congress agrees to a longer period

Congress may end the combat commitment at any time, by passing a concurrent resolution to that effect

VOCAB

Line-Item Veto

Presidents cancellation of specific dollar amounts (line-items) from a congressional spending bill

VOCAB

Line-Item Veto

Presidents cancellation of specific dollar amounts (line-items) from a congressional spending bill

Section 4: Legislative and Judicial Powers

Section 4: Legislative and Judicial Powers

Reprieve

Postponement of the execution of a sentence

Pardon

Legal forgiveness of a crime

Reprieve

Postponement of the execution of a sentence

Pardon

Legal forgiveness of a crime

Clemency

Mercy or leniency granted to an offender by the President

Amnesty

A blanket pardon offered to a group of law violators

Clemency

Mercy or leniency granted to an offender by the President

Amnesty

A blanket pardon offered to a group of law violators

Legislative PowersLegislative Powers

The President has the power to PROPOSE legislation. This is also known as the MESSAGE power

The President has the power to PROPOSE legislation. This is also known as the MESSAGE power

The president also has the power to deal with a bill. He can do one of four things

Sign It

Veto It

Hold it for 10 days while Congress is IN session

Pocket Veto

The president also has the power to deal with a bill. He can do one of four things

Sign It

Veto It

Hold it for 10 days while Congress is IN session

Pocket Veto

Many presidents have wanted the use of a line-item veto power.

In 1996 this passed, but the Supreme Court found it to be UNCONSTITUTIONAL

why?

it gives the president power to “rewrite a bill” -- which is a legislative power

Many presidents have wanted the use of a line-item veto power.

In 1996 this passed, but the Supreme Court found it to be UNCONSTITUTIONAL

why?

it gives the president power to “rewrite a bill” -- which is a legislative power

The Constitution gives the President the power to

Reprieve

Pardon

Clemency

Commutation

The Constitution gives the President the power to

Reprieve

Pardon

Clemency

Commutation

Judicial PowerJudicial Power

A famous pardon was Ford’s pardon of NIXON.

An example of granting amnesty:

Carter granted amnesty in 1977 to all Vietnam War draft dodgers

A famous pardon was Ford’s pardon of NIXON.

An example of granting amnesty:

Carter granted amnesty in 1977 to all Vietnam War draft dodgers

In your opinion, and using things we have talked about....

Is the president strong or weak?

A 1-2 page written assignment

In your opinion, and using things we have talked about....

Is the president strong or weak?

A 1-2 page written assignment