American American CitizenshipCitizenship

Chapter 14Chapter 14

The Presidency in ActionThe Presidency in Action

Section 1Section 1

The Growth of Presidential PowerThe Growth of Presidential Power

Article IIArticle II

The Constitution’s “The Constitution’s “Executive Executive ArticleArticle””

– Power to:Power to: Command Armed ForcesCommand Armed Forces Make TreatiesMake Treaties Approve or veto acts of CongressApprove or veto acts of Congress Receive Diplomatic representativesReceive Diplomatic representatives Grant pardonGrant pardon ““To take Care that the Laws be faithfully To take Care that the Laws be faithfully

executed”executed”

Why Presidential Power Why Presidential Power Has GrownHas Grown

As American has grown more complex As American has grown more complex socially and economicallysocially and economically

– Americans have looked especially to the Americans have looked especially to the President for leadership in the Federal President for leadership in the Federal Government having a bigger roleGovernment having a bigger role

Wars have also led to the strengthening Wars have also led to the strengthening the executive powerthe executive power

Congress has also passed laws that allow Congress has also passed laws that allow the Executive to help carry out its lawsthe Executive to help carry out its laws

– President’s have greatly used President’s have greatly used Mass MediaMass Media to to help build support and attention for policies help build support and attention for policies and actionsand actions

The Presidential ViewThe Presidential View

Recently people have condemned Recently people have condemned ““imperial presidencyimperial presidency””

– President as an emperor, taking strong President as an emperor, taking strong actions without consulting Congress or actions without consulting Congress or seeking its approvalseeking its approval

Example: Richard NixonExample: Richard Nixon

Section 2Section 2

The President’s Executive PowersThe President’s Executive Powers

Executing the LawExecuting the Law Must take the Must take the oath of officeoath of office

– ““I do solemnly swear (or affirm) that I will I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the faithfully execute the Office of President of the United States, and will to the best of my Ability, United States, and will to the best of my Ability, preserve, protect and defend the Constitution of preserve, protect and defend the Constitution of the United States” the United States” Article II, Section 1, Clause 8Article II, Section 1, Clause 8

Obama’sObama’s Oath of Office Oath of Office Power to execute the law covers all federal Power to execute the law covers all federal

lawslaws– However, President’s can view laws in bias waysHowever, President’s can view laws in bias ways

Congress allows Executive branch to define many of Congress allows Executive branch to define many of the day-to-day details about lawsthe day-to-day details about laws

The Ordinance PowerThe Ordinance Power

President can call for an President can call for an executive executive orderorder

– A directive, rule or regulation that has A directive, rule or regulation that has the effect of lawthe effect of law

– Comes from Comes from ordinance powerordinance power ability to issues the executive, which ability to issues the executive, which

comes from the Constitution and acts of comes from the Constitution and acts of CongressCongress

The Appointment PowerThe Appointment Power

President names top-ranking offices President names top-ranking offices of the Federal Government:of the Federal Government:

– Ambassadors and other diplomatsAmbassadors and other diplomats– Cabinet members and their top aidesCabinet members and their top aides– The heads of such independent The heads of such independent

agencies as EPA or NASAagencies as EPA or NASA– Federal judges, U.S. marshalsFederal judges, U.S. marshals– Offices in the armed forcesOffices in the armed forces

Must be approved by the SenateMust be approved by the Senate

The Removal PowerThe Removal Power

The Historical DebateThe Historical Debate– President can remove any office he President can remove any office he

appointed, except federal judgesappointed, except federal judges Removal and the CourtRemoval and the Court

– The President can remove most The President can remove most officials that they appointofficials that they appoint

however they can not remove any from however they can not remove any from independent regulatory commissionsindependent regulatory commissions

Section 3Section 3

Diplomatic and Military PowersDiplomatic and Military Powers

The Power to Make The Power to Make TreatiesTreaties

President, usually through the secretary President, usually through the secretary of state, negotiates of state, negotiates treatiestreaties

– Formal agreement between two or more Formal agreement between two or more sovereign statessovereign states

– Must be approved by a two-thirds vote of the Must be approved by a two-thirds vote of the members present in Senatemembers present in Senate

However the Senate does not ratify the treatyHowever the Senate does not ratify the treaty

Treaties are just as legal as acts passed Treaties are just as legal as acts passed by Congressby Congress

– Senate considered able to keep secrecy Senate considered able to keep secrecy better than House of Representativesbetter than House of Representatives

Executive AgreementsExecutive Agreements

A pact between the President and A pact between the President and the head of a foreign state, or the head of a foreign state, or between their subordinatesbetween their subordinates

– Does not require Senate consentDoes not require Senate consent

The Power of The Power of RecognitionRecognition

President receives the diplomatic President receives the diplomatic representatives of another representatives of another sovereign state, the President sovereign state, the President exercises the power of exercises the power of recognitionrecognition

– Acknowledges the legal existence of Acknowledges the legal existence of that country and its governmentthat country and its government

– Does not mean that one government Does not mean that one government approves of the character and conduct approves of the character and conduct of anotherof another

The Power of Recognition The Power of Recognition (Con’t)(Con’t)

Could be used as a weapon in Could be used as a weapon in foreign relationsforeign relations

– President may show American President may show American displeasure with the conduct of displeasure with the conduct of another country by asking diplomatic another country by asking diplomatic representatives in this country to leaverepresentatives in this country to leave

that individual is called that individual is called persona non persona non gratagrata– an unwelcome personan unwelcome person

Sharpest diplomatic rebuke for countriesSharpest diplomatic rebuke for countries

Commander in ChiefCommander in Chief

President has power almost without limitPresident has power almost without limit– Though Congress has the power to take away Though Congress has the power to take away

funding, rarely if ever donefunding, rarely if ever done Making Undeclared WarMaking Undeclared War

– Can a President go to war, without declaring Can a President go to war, without declaring war?war?

Some say no legallySome say no legally However Presidents have done it since John AdamsHowever Presidents have done it since John Adams

Congressional ResolutionsCongressional Resolutions– Congress can enact joint resolutions to Congress can enact joint resolutions to

authorize the President to meet certain authorize the President to meet certain international crises with military forcesinternational crises with military forces

Every U.S. war since WWIIEvery U.S. war since WWII

Commander in Chief Commander in Chief (Con’t)(Con’t)

Other uses of Military PowerOther uses of Military Power– Sending of U.S. forces to foreign nations Sending of U.S. forces to foreign nations

to protect U.S. interests without to protect U.S. interests without declaring war or without congress declaring war or without congress approvalapproval

The War Powers ResolutionThe War Powers Resolution– Passed in 1973 during the Vietnam WarPassed in 1973 during the Vietnam War

designed to place close limits on the designed to place close limits on the President’s war-making powersPresident’s war-making powers

Section 4Section 4

Legislative and Judicial PowersLegislative and Judicial Powers

Legislative PowersLegislative Powers

Recommending LegislationRecommending Legislation– President has President has Message PowerMessage Power– Sends three messages to Congress a Sends three messages to Congress a

yearyear State of the Union AddressState of the Union Address President’s Budget message President’s Budget message Annual Economic ReportAnnual Economic Report Along with other request Congress to Along with other request Congress to

enact certain lawsenact certain laws

Legislative Powers Legislative Powers (Con’t)(Con’t)

Veto PowerVeto Power– President has four options when he President has four options when he

receives a measure passed by Congressreceives a measure passed by Congress Sign the bill and it becomes lawsSign the bill and it becomes laws They may veto the lawThey may veto the law allow the bill to become law by not acting on allow the bill to become law by not acting on

it within 10 days (Not counting Sundays)it within 10 days (Not counting Sundays) Pocket vetoPocket veto

– If congress adjourns within 10 days of bill passage, If congress adjourns within 10 days of bill passage, the President can refuse to sign, which kills the the President can refuse to sign, which kills the votevote

Legislative Powers Legislative Powers (Con’t)(Con’t)

The The Line-Item VetoLine-Item Veto– Ability to veto specific parts of billsAbility to veto specific parts of bills

However, very questionable about it’s However, very questionable about it’s constitutionalityconstitutionality

Other Legislative PowersOther Legislative Powers– President can call a special session of President can call a special session of

CongressCongress

Ex. Ex. Pearl Harbor-FDRPearl Harbor-FDR

Judicial PowersJudicial Powers President can give a President can give a reprievereprieve and a and a

pardonpardon– Postponement of the execution of a sentencePostponement of the execution of a sentence– Legal forgiveness of a crimeLegal forgiveness of a crime

President can only give President can only give clemencyclemency in in cases that involve federal offensescases that involve federal offenses

– A pardon must be accepted by the individual A pardon must be accepted by the individual in order to take affectin order to take affect

CommutationCommutation– Ability for President to reduce the length of a Ability for President to reduce the length of a

sentencesentence Generally given towards the end of a Generally given towards the end of a

Presidents last termPresidents last term