Growth of

Presidential

Power

Executive

Powers

Diplomatic &

Military

Powers

Legislative &

Judicial

Powers

THE

PRESIDENCY

IN ACTION

Executive article

“take care that the Laws be

faithfully executed.”

Loosely drawn; vague

Role & Scope of office hotly

debated throughout America’s

history.

ARTICLE II

Unity of the Office

One president v. 538 Members of Congress

The Officeholders

Scope of office expanded by sheer force of personality

Need for decisive action

War & Natural Disasters

Congress

Given President increasing power over policy

Using the Media

FDR

Bully Pulpit

WHY PRESIDENTIAL POWER HAS GROWN

WHAT SHOULD PRESIDENTIAL POWER LOOK LIKE?

Advocated by Teddy Roosevelt

Strong, effective chief executives

President can and must do anything that is not specifically

forbidden by the constitution to help the country

STEWARDSHIP THEORY

Articulated by Taft

President can only do that

which is specifically in the

Constitution

CONSTITUTIONALISM THEORY

Critique of the expansion of the office

Modern presidents more like emperors

Who? h t t p s : / / w w w . y o u t u b e . c o m / w a t c h ? v = C h 8 H N B L 1 L j Y

IMPERIAL PRESIDENCY

Oath of Office

Congress deals with broad ideas

Details left up to Executive Branch

EXECUTING THE LAW

Executive Order

Directive concerning the executive

branch

Force and effect of law

Day to day business of the

President

Examples

Lincoln’s Emancipation

Proclamation

FDR: Executive Order 9066

(Japanese internment)

ORDINANCE POWER

President needs loyal subordinates

Higher positions require Senate confirmation

Increasingly partisan process

APPOINTMENT POWER

Why does the president need to be able

to fire people?

Tenure of Office Act (1867)

Required Senate approval of a

presidential firing

Repealed in 1887

REMOVAL POWER

Myers v. United States (1926)

Power of removal is essential to the president’s power

Humphrey’s Executor v. United States (1935)

President cannot remove some office holders due to

dif ferences in opinion

REMOVAL POWER &

THE SUPREME COURT

President has tremendous power in this field

Why?

DIPLOMATIC & MILITARY POWERS

Force and effect of law

Requires Senate approval by 2/3 majority

Treaty of Versailles (1920)

Wilson negotiates treaty to end WW I

Came up 7 votes short

Executive Agreements

President and other head of state

No Senate consent

Lend-Lease Act (1940)

TREATY-MAKING POWER

Legally acknowledges a country

Examples:

TR’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 Fleet

Plans/Decisions ( M a n c h es te r P t 1 )

Washington & 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) had the Navy engage with French warships

Jefferson & Madison waged war against the Barbary Pirates

Korea

Vietnam

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 Legislation

State of the Union

Gives a budget to Congress (suggestion)

Veto Power

Line-item Veto

Should the President be able to veto part of a bill?

1996 law passed

Ruled unconstitutional

LEGISLATIVE POWERS

Pardons

Ford pardons Nixon 1974 –

Good idea?

Commutation

Reduce the length of a

sentence or fine

Amnesty

Blanket pardon

1977: Carter granted

amnesty to Vietnam War

draft evaders h t t p : / / w w w . y o u t u b e . c o m / w a t c h ? v = e J A q V X B Z 0 Y I

h t t p : / / w w w . y o u t u b e . c o m / w a t c h ? v = K 2 i M 3 L w k 6

M Y

JUDICIAL POWERS