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Growth of Presidential Power
Executive Powers
Diplomatic & Military Powers
Legislative & Judicial Powers
THE PRESIDEN
CY 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
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
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
Articulated by TaftPresident can only do that
which is specifically in the Constitution
CONSTITUTIONALISM THEORY
Critique of the expansion of the offi ceModern presidents more like emperorsWho? ht tps : / /www.youtube .com/watch?v=Ch8HNBL1L jY
IMPERIAL PRESIDENCY
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
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
President needs loyal subordinates Constitution grants power to appointHigher positions require Senate confirmation
Increasingly partisan process
APPOINTMENT POWER
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
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
President has tremendous power in this fieldWhy?
DIPLOMATIC & MILITARY POWERS
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
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
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
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
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
1983: Reagan invades Grenada
1989: H.W. Bush invades Panama
1999: Clinton sends troops to end ethnic cleansing in Kosovo
PRESIDENTS ACTING ALONE
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
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