The Presidency in Action

Magruder Chapter 14Magruder Chapter 14

The Changing View of Presidential Power

Why Power Has Grown

The Presidency is in the hands of one The Presidency is in the hands of one person, rather than many, and many person, rather than many, and many Presidents have worked to expand the Presidents have worked to expand the powers of the officepowers of the office

As the country grew and industrialized, As the country grew and industrialized, especially in times of emergency, people especially in times of emergency, people demanded that the Federal Government demanded that the Federal Government play a larger role and looked to the play a larger role and looked to the President for leadershipPresident for leadership

Why Power Has Grown

Congress has delegated much authority to Congress has delegated much authority to the Presidentthe President

Presidents have the attention and respect of Presidents have the attention and respect of the press, the public, and their own partythe press, the public, and their own party Huge staff of the PresidentHuge staff of the President Attract and hold the public’s attentionAttract and hold the public’s attention Use of the mediaUse of the media

How Presidents Have Viewed Their Power Stronger and more effective Presidents have Stronger and more effective Presidents have

taken a broad view of the powers of the taken a broad view of the powers of the officeoffice Teddy Roosevelt (page 355)Teddy Roosevelt (page 355)

Other Presidents have viewed a strong Other Presidents have viewed a strong executive as a threat to liberty, and have executive as a threat to liberty, and have interpreted the powers of the office interpreted the powers of the office narrowlynarrowly William Howard Taft (page 355)William Howard Taft (page 355)

The President’s Executive Powers

Executing the Law

The President is responsible for carrying out The President is responsible for carrying out the nation’s lawsthe nation’s laws Oath of office of the PresidentOath of office of the President Article II Section 3Article II Section 3

Executing the Law

The President must carry out laws with The President must carry out laws with which he or she disagrees, but he or she has which he or she disagrees, but he or she has some discretion in interpreting the laws and some discretion in interpreting the laws and deciding how vigorously they will be deciding how vigorously they will be enforcedenforced Laws are broadly writtenLaws are broadly written Specific details left to Executive BranchSpecific details left to Executive Branch

The Ordinance Power

The bureaucracy of the executive branch is The bureaucracy of the executive branch is under the authority of the Presidentunder the authority of the President

The President has the authority to issue The President has the authority to issue executive orders, which have the force of executive orders, which have the force of lawlaw

Executive orders are necessary to the Executive orders are necessary to the functioning of the executive branchfunctioning of the executive branch

The Appointing Power

The President may appoint a handful of The President may appoint a handful of officials on his or her own authorityofficials on his or her own authority

Most of the important officers appointed by Most of the important officers appointed by the President, including ambassadors, the President, including ambassadors, judges, and cabinet members, must be judges, and cabinet members, must be approved by the Senateapproved by the Senate

The Appointing Power

Well over half of the officials in the federal Well over half of the officials in the federal work force are selected through civil work force are selected through civil service examinations, and thus are not service examinations, and thus are not under the control of the Presidentunder the control of the President

The Removal Power

Historically, there has been disagreement Historically, there has been disagreement over whether the President has the power to over whether the President has the power to remove at will persons whom he or she has remove at will persons whom he or she has appointed with the consent of the Senateappointed with the consent of the Senate

The President’s power to remove people The President’s power to remove people from office has generally been upheld by from office has generally been upheld by CongressCongress

The Removal Power

Exceptions are federal judges and members Exceptions are federal judges and members of independent regulatory agenciesof independent regulatory agencies

The Diplomatic and Military Powers

Power To Make Treaties

Usually acting through the Secretary of Usually acting through the Secretary of State, the President may negotiate treaties, State, the President may negotiate treaties, or international agreementsor international agreements

The Senate must approve treaties by a two-The Senate must approve treaties by a two-thirds vote before they become lawthirds vote before they become law

A small minority in the Senate has A small minority in the Senate has sometimes been sufficient to block approval sometimes been sufficient to block approval of a treatyof a treaty

Executive Agreements

Today, most routine international Today, most routine international agreements are made by executive agreements are made by executive agreement – pacts between the President agreement – pacts between the President and the leaders of foreign countriesand the leaders of foreign countries

Executive agreements do not require Senate Executive agreements do not require Senate approvalapproval

Power of Recognition

Presidents have the power to recognize, or Presidents have the power to recognize, or acknowledge the legal existence of a acknowledge the legal existence of a countrycountry

Diplomatic recognition is a powerful Diplomatic recognition is a powerful weapon because recognition – or the lack of weapon because recognition – or the lack of it – often determines a new government’s it – often determines a new government’s futurefuture

The President’s Dominant Role in Military Affairs The President shares the war powers with The President shares the war powers with

Congress but has almost no limits on his or Congress but has almost no limits on his or her role as commander-in-chiefher role as commander-in-chief

Presidents usually delegate much of their Presidents usually delegate much of their command authority to military subordinates command authority to military subordinates while retaining final authority in military while retaining final authority in military mattersmatters

The President’s Dominant Role in Military Affairs Only Congress can declare war, but Only Congress can declare war, but

Presidents have often used the military Presidents have often used the military without a formal declaration of warwithout a formal declaration of war

There have been numerous undeclared wars There have been numerous undeclared wars in the country’s history, including the in the country’s history, including the Korean and Viet Nam warsKorean and Viet Nam wars

The President’s Dominant Role in Military Affairs In wartime, the President’s powers as In wartime, the President’s powers as

commander-in-chief have often been commander-in-chief have often been expanded to include non-military mattersexpanded to include non-military matters

The President may use the armed forces, The President may use the armed forces, including State militias, to keep the peace in including State militias, to keep the peace in times of domestic turmoiltimes of domestic turmoil

The President’s Dominant Role in Military Affairs In response to the Viet Nam War, Congress In response to the Viet Nam War, Congress

passed the war Powers Resolution of 1973passed the war Powers Resolution of 1973 The Resolution requires the President to The Resolution requires the President to

inform Congress of any commitment of inform Congress of any commitment of American troops abroad within 48 hours.American troops abroad within 48 hours.

It also requires the President to gain It also requires the President to gain congressional approval if the congressional approval if the commitment lasts longer than 60 dayscommitment lasts longer than 60 days

The President’s Dominant Role in Military Affairs

The constitutionality of the War Powers The constitutionality of the War Powers Resolution has been and remains in Resolution has been and remains in disputedispute

The Legislative and Judicial Powers

Legislative Field

The President gives the State of the Union The President gives the State of the Union address and suggests annual budgetsaddress and suggests annual budgets

The President also recommends specific The President also recommends specific legislation to Congresslegislation to Congress

The President has the power to veto The President has the power to veto legislationlegislation

The President may veto a bill outrightThe President may veto a bill outright

Legislative Field

The President may use the pocket vetoThe President may use the pocket veto The President used to have the power to use The President used to have the power to use

the line-item vetothe line-item veto The President may call special sessions of The President may call special sessions of

CongressCongress The President may also adjourn Congress if The President may also adjourn Congress if

the two houses cannot agree on a date for the two houses cannot agree on a date for adjournmentadjournment

Judicial Powers

The President may grant reprieves and The President may grant reprieves and pardons in cases involving federal lawpardons in cases involving federal law Except in cases of impeachmentExcept in cases of impeachment

The President may commute, or reduce, The President may commute, or reduce, sentences or fines imposed by a courtsentences or fines imposed by a court

The President may grant amnesty, or The President may grant amnesty, or general pardon, to persons who have general pardon, to persons who have violated the lawviolated the law

The Executive Office of the President and the Cabinet

The Executive Office

The Executive Office of the President is an The Executive Office of the President is an umbrella agency made up of several umbrella agency made up of several separate offices and staffed by the separate offices and staffed by the President’s closest advisors and assistantsPresident’s closest advisors and assistants

It includes the chief of staff, the counsel to It includes the chief of staff, the counsel to the President, the press secretary, and the President, the press secretary, and expert advisors in many areasexpert advisors in many areas

The National Security Council

The NSC advises the President on all The NSC advises the President on all matters of national security, foreign and matters of national security, foreign and domesticdomestic

Its members include the Vice President, the Its members include the Vice President, the Secretaries of State and Defense, the Secretaries of State and Defense, the director of the CIA, and the Chairman of director of the CIA, and the Chairman of the Joint Chiefs of Staffthe Joint Chiefs of Staff

The Office of Managementand Budget

The OMB is a powerful agency whose The OMB is a powerful agency whose major task is to prepare the annual federal major task is to prepare the annual federal budgetbudget

It also monitors the spending of funds It also monitors the spending of funds appropriated by Congress and oversees the appropriated by Congress and oversees the management of the executive branchmanagement of the executive branch

The Office of National Drug Control Policy

The Office of National Drug Control Policy The Office of National Drug Control Policy prepares an annual drug control policyprepares an annual drug control policy

It coordinates the efforts of more than 50 It coordinates the efforts of more than 50 federal agencies involved in the war on federal agencies involved in the war on drugsdrugs

The Council of Economic Advisors

The Council of Economic Advisors consists The Council of Economic Advisors consists of three top economists, appointed by the of three top economists, appointed by the President and approved by the SenatePresident and approved by the Senate

It is the President’s chief source of It is the President’s chief source of information and advice on the economyinformation and advice on the economy

Other Units in the Executive Office

The Office of Policy Development advises The Office of Policy Development advises the President on domestic mattersthe President on domestic matters

The National Space Council advises on the The National Space Council advises on the nation’s civil and military efforts in space nation’s civil and military efforts in space and is chaired by the Vice Presidentand is chaired by the Vice President

The Council on Environmental Quality is The Council on Environmental Quality is concerned with all environmental mattersconcerned with all environmental matters

Other Units in the Executive Office

The Office of United States trade The Office of United States trade Representative advises on foreign tradeRepresentative advises on foreign trade

The National Critical Materials Council The National Critical Materials Council advises on critical natural resources related advises on critical natural resources related to national securityto national security

Other Units in the Executive Office

The Office of Science and Technology The Office of Science and Technology Policy advises on all scientific, engineering, Policy advises on all scientific, engineering, and technological issuesand technological issues

The Office of Administration provides The Office of Administration provides support services for the Executive Officesupport services for the Executive Office