Presidential Power

PERIOD 3

1. The Constitutional Indeterminacy of the Presidency

• The constitution is very vague on the roles of the president so it is up to the interpreter to decide.

• Unlike Congress’s laid out powers, the president’s powers are vaguely described in the constitution, written as “Commander-in-Chief” and having “executive power”.

2. The Precedential Effects of Executive Branch Action

• If a president, say during a time of war or emergency, does something drastic, it forever expands the power of the president for all future presidents.

• Therefore, if a president uses a power in the past, they or other presidents are then able to exercise this power in the future

3. The Role of Executive Branch Lawyering

• The president’s powers are defined by the Department of Justice and its Office of Legal Council, which are part of the executive branch.

• Essentially, the executive branch oversees its own authority because the Department of Justice and the Office of Legal Counsel advise and sanction the president’s actions, although they are a part of the same branch of government.

• The president appoints the Attorney General, which means they will favor the president’s increase in power. EX. President Kennedy appointed his brother. – Why would his brother limit his power? Obviously, Kennedy will gain

more power, considering his own brother is defining his limits.

4. The Growth of the Executive Branch

• Head of the bureaucracy (departments, agencies, commissions, etc.) is the President who has all capabilities and powers of govt. at his disposal.

• Congress passes laws to give the President & Executive departments a lot of power in certain issues such as setting standards in pollution and food and many others.

5. Presidential Access to and Control of Information

• The executive branch of the government has more access to information than any other branch of government (CIA, NSA, FBI). Because the president is the head of the executive he has access to all the information he wants

• Because only the executive branch has access to the majority of information, congress and the courts must rely on the president to be giving the right information and to take the correct steps in handling and addressing the information

6. Media and the Presidency

• The media has made the role of the president seem larger than it is

• Media makes him out to be the speaker of the nation

• Congress is unable to attract the media’s attention like the president, he can demand their attention and influence the nation’s political agenda

• President can demand attention of media which can influence the nation’s political agenda and become an advantage in political confrontation.

7. Military and Intelligence Capabilities

• The President controls the most powerful military in the world directly

• He directs agencies such as the CIA and National Security Agency.

• For example, President Clinton was accused of ordering the bombing of terrorists to distract the nation from the Lewinsky scandal.

• As technology for surveillance and investigation become more sophisticated the presidents power greatens.

8. The Need for Government to Act Quickly

• Decision making has advanced from delivering information from weeks to seconds.

• The increased speed of warfare gives power to the government branch that is able to respond the fastest: the President.

• The President has to make decision in an emergency, not the Congress.

• Congress is slow in second-guessing the Presidents decisions