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Growth of Presidenti al Power Executive Powers Diplomatic & Military Powers Legislativ e & Judicial Powers THE PRESIDENC Y IN ACTION

Presidency in action

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Page 1: Presidency in action

Growth of Presidential Power

Executive Powers

Diplomatic & Military Powers

Legislative & Judicial Powers

THE PRESIDEN

CY IN ACTION

Page 2: Presidency in action

Executive article“take care that the Laws

be faithfully executed.”Loosely drawn; vagueRole & Scope of offi ce

hotly debated throughout America’s history.

ARTICLE II

Page 3: Presidency in action

Unity of the Offi ce One president v. 538

Members of CongressThe Offi ceholders Scope of offi ce expanded by

sheer force of personalityNeed for decisive action War & Natural DisastersCongress Given President increasing

power over policyUsing the Media FDR Bully Pulpit

WHY PRESIDENTIAL POWER HAS GROWN

Page 4: Presidency in action

Advocated by Teddy RooseveltStrong, eff ective chief executivesPresident can and must do anything that is not

specifically forbidden by the constitution to help the country

STEWARDSHIP THEORY

Page 5: Presidency in action

Articulated by TaftPresident can only do that

which is specifically in the Constitution

CONSTITUTIONALISM THEORY

Page 6: Presidency in action

Critique of the expansion of the offi ceModern presidents more like emperorsWho? ht tps : / /www.youtube .com/watch?v=Ch8HNBL1L jY

IMPERIAL PRESIDENCY

Page 7: Presidency in action

Oath of Offi ceMust execute all the lawsPresident has some discretion as to how vigorouslyCongress deals in broad policies and standardsDetails left up to Executive Branch

EXECUTING THE LAW

Page 8: Presidency in action

Executive OrderDirective, rule, or regulation

concerning the executive branch

Force and eff ect of lawDay to day business of the

PresidentExecutive Order --

Continuance of Advisory Council h t t p : / /w w w. w h i t e h o u s e . g o v / t h e - p re s s - o ffi c e / 2 0 1 3 / 0 4 / 0 5 / exe c u t iv e - o r d e r- c o n t i n u a n c e - a d v i s o r y - c o u n c i l

ExamplesLincoln’s Emancipation

ProclamationFDR: Executive Order 9066

(Japanese internment)

ORDINANCE POWER

Page 9: Presidency in action

President needs loyal subordinates Constitution grants power to appointHigher positions require Senate confirmation

Increasingly partisan process

APPOINTMENT POWER

Page 10: Presidency in action

Should the president need Senatorial approval to dismiss employees?

Tenure of Offi ce Act (1867)Required Senate approval of a

presidential fi ringRepealed in 1887

REMOVAL POWER

Page 11: Presidency in action

Myers v. United States (1926)Power of removal is essential to the president’s powerHumphrey’s Executor v. United States (1935)President cannot remove some offi ce holders due to

diff erences in opinion

REMOVAL POWER & THE SUPREME COURT

Page 12: Presidency in action

President has tremendous power in this fieldWhy?

DIPLOMATIC & MILITARY POWERS

Page 13: Presidency in action

Force and eff ect of lawRequires Senate approval

by 2/3 majorityTreaty of Versailles (1920)Wilson negotiates treaty to

end WW ICame up 7 votes short

Executive AgreementsPresident and other head

of stateNo Senate consentLend-Lease Act (1940)

TREATY-MAKING POWER

Page 14: Presidency in action

President receives diplomatic representatives

Acknowledge the legal existence of a country or government

Not an endorsementTR’s quick recognition of

Panama (1903)Truman recognizes Israel

(1947)

President can declare a diplomat persona non grata

Washington threw out Citizen Genet

POWER OF RECOGNITION

Page 15: Presidency in action

Civilian Command of the military

TR’s Great White FleetDelegate most command

authority to military leaders

Washington led troops to the Whiskey Rebellion

Lincoln gave instructions to generals

LBJ picked out bombing targets himself

COMMANDER IN CHIEF

Page 16: Presidency in action

As Commander in Chief president can deploy military John Adams (1798) instructed the Navy to engage

with French warships Jeff erson & Madison waged war against the Barbary

PiratesKoreaVietnam

MAKING WAR WITHOUT THE PAPERWORK

Page 17: Presidency in action

1962: JFK; Soviet missiles in Cuba

1964: LBJ; Gulf of Tonkin Resolution

1991: George H.W. Bush; Operation Desert Storm

2001: George W. Bush ; War on Terror (and Afghanistan)

2002: George W. Bush; War in Iraq

ASK AND YE SHALL RECEIVE: CONGRESSIONAL RESOLUTIONS TO

AUTHORIZE MILITARY FORCE

Page 18: Presidency in action

1983: Reagan invades Grenada

1989: H.W. Bush invades Panama

1999: Clinton sends troops to end ethnic cleansing in Kosovo

PRESIDENTS ACTING ALONE

Page 19: Presidency in action

Recommending LegislationState of the UnionGives a budget to Congress (suggestion)

Veto PowerLine-item VetoShould the President be able to veto part of a bill?1996 law passedRuled unconstitutional

LEGISLATIVE POWERS

Page 20: Presidency in action

PardonsFord pardons Nixon

1974 – Good idea?CommutationReduce the length of a

sentence or fineAmnestyBlanket pardon1977: Carter granted

amnesty to Vietnam War draft evaders

ht tp : / /www.you tube .com/watch?v=e JAqVXBZ0Y I

ht tp : / /www.youtube .com/watch?v=K2iM3Lwk6MY

JUDICIAL POWERS