The Executive Branch 5.3 Powers of the President Slide 2 Todays
Objectives What are two ways a president interprets the power of
the presidency? Why Presidential Power Has Grown? What is an
Executive Order? What is Executive Privilege? Slide 3 How much
power should one person have? Slide 4 Article II Article II, the
Constitutions Executive Article, begins this way: With these few
words, the Framers established the presidency. But what does this
power mean? The executive power shall be vested in a President of
the United States of America. Slide 5 What are two ways a president
interprets the power of the presidency? Strict Constructionist If
the Constitution does not expressly delegate a power, then the
president may not claim the power James Buchanan President has no
power to compel the Southern States not to secede from the Union
Loose Constructionist If the Constitution does not expressly forbid
a power, then the president may claim the power Teddy Roosevelt
Created thousands of acres of protected lands because Constitution
did not say that he couldnt Slide 6 Why Presidential Power Has
Grown? Worlds geopolitical, military, social and economic
complexity has created new issues Industrial Revolution, World
Wars, Nuclear weapons, globalization Convening congress may be
impossible when immediate action is required Mass media Newspapers,
Radio, Television aid presidents in gathering and holding public
attention Slide 7 Lets Review What does the Executive Branch do?
Who is in charge of the Executive Branch? What is a Strict
Constructionist v. a Loose Constructionist? Examples Why has the
power of the President grown over the years? Slide 8 Todays
Objectives: I wont be able to sleep tonight unless I am able to:
Define what a Executive Order is and give a example of one Define
what Executive Privilege is Describe the legislative power a
president has Describe the judicial power a president has Slide 9
What is an Executive Order? Executive order A directive, rule, or
regulation issued by president to help enforce the law deciding how
and to what degree laws will be enforced, dealing with emergencies,
waging war Nothing in Constitution about Executive Order Except
Article II, Section 3, Clause 5 Laws be faithfully executed Subject
to Judicial Review Executive Order 9066 Executive Order 9066 FDR
ordered Japanese Americans placed in Interment Camps during WWII
Truman Executive Order #9981 desegregated military FDR= 3 rd Term,
522 EO Obama= 175 Slide 10 What is Executive Privilege? Executive
privilege Executive privilege Presidential assertion of the right
to withhold information for Congress and Courtright Justified under
principle of separation of powers and because of need for secrecy
in high-level communications Critics charge this power is used to
hide questionable even illegal actions Watergate Scandal US v Nixon
Supreme Court ordered President Nixon to turn over audio tapes of
his private conversations in Oval Office Showed that he ordered
cover-up of Plumbers Activities in Watergate Slide 11 What is the
cartoonist implying in the cartoon of Richard Nixon? How does it
relate to Executive Privilege? Slide 12 What are the Presidents
Powers? Legislative Power Constitution provides that the President
shall report the condition of the nation to Congress State of the
Union Speech used to recommend necessary legislation State of the
Union Veto Power President may forbid a bill from becoming law veto
may be over-ridden by 2/3 vote in both houses just the threat of a
veto is often enough to kill a bill Truman= 250 Vetoes Vetoes
Obama= 2 Slide 13 Todays Agenda Finish Powers of the President
Slide Show Tomorrow = Review Executive Branch then Movie Homework
Look over Executive Branch Notes Check calendar for Current Event
Update Do something nice Slide 14 Judicial Powers Constitution
gives the President 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 President Ford pardoned Nixon for the crimes he committed
(Watergate) Amnesty Presidents may grant a pardon on a group of
people, usually for political offenses called an amnesty amnesty
President Jimmy Carter pardoned all Vietnam War draft evaders Slide
15 Nationalize Power President may nationalize the state National
Guard units for service at home & overseas Eisenhower used
Arkansas National Guard troops to help enforce Supreme Court order
to de-segregate Central H.S. in Little Rock, Arkansas, 1957 George
W. Bush nationalized national guard in War on Terror and deployed
them to Afghanistan and Iraq Teddy Roosevelt threatened to
nationalize Anthracite Coal unless owners negotiated with union
Slide 16 Appointment Power With Senate approval, the President
names most of the top- ranking officers of the Federal Government,
including: ambassadors and other diplomats Cabinet members and
their top aides all federal judges, attorneys, and U.S. marshals
all officers in the armed forces Clarence Thomas during his
controversial Senate Hearing Slide 17 The Removal Power President
may remove the officials he appoints without Senate consent except
federal judges This power is controversial Saturday Night Massacre
Nixon fired Archibald Cox who headed a committee investigating
Watergate Led to Nixons resignation Slide 18 Power to Make Treaties
A treaty is a formal agreement between two or more sovereign states
President, usually through the secretary of state, negotiates these
international agreements All treaties must pass approval by 2/3
vote in the Senate Play from 4:40-6:34 Slide 19 Power of
Recognition President may acknowledge the legal existence of
another sovereign state The State of Palestine has not been
recognized by a US President may show American displeasure with the
conduct of another country by asking for the recall of that nations
ambassador or other diplomatic representatives in this country.
official is declared to be persona non grata, or an unwelcome
person Slide 20 Wartime Powers Presidents powers as commander in
chief are far greater during a war than they are in normal times
Control War Industries Ration food and supplies Suspend personal
freedoms Espionage Act of 1917 Any obstruction to the war effort
illegal Sedition Act of 1918 forbade "disloyal, profane,
scurrilous, or abusive language" Encouraged reporting on disloyal
people Post Office read socialist mail Clear and Present Danger
Slide 21 Power as the Commander in Chief Constitution makes the
President the commander in chief of the nations armed forces Making
Undeclared War Many Presidents have used the armed forces abroad
without a declaration of war Vietnam, Laos, Cambodia, Iraq,
Afghanistan, Osama Bin Laden Slide 22 The War Powers Resolution The
War Powers Resolution of 1973 limits the Presidents war-making
powers Passed over President Nixons veto Restricts the use of
American troops abroad President may not send troops unless
Congress declares war Or unless there is a national emergency If
there is a national emergency President can send troops, but must
notify Congress within 48 hours After that, troops cannot remain
longer than 60 days without congressional approval Blackhawk for
Battle of Mogadishu Slide 23 Culminating Activity Zero Dark
Thirty
