What power does the President have to deal with the following situations?

1. Apparently the Vietnam War had a more severe impact on Secretary of State John Kerry than he had led on. During a recent trip to the nation, which is now a trade partner of the U.S., the Secretary became drunk and belligerent at a formal state dinner, at one point flipping off and mooning the leader of Vietnam.

2. An 8.0 earthquake rocks San Francisco. Pandemonium ensues with daily riots at supply distribution centers and widespread looting. Governor Brown says he is powerless to stop it.

3. Taliban fighters in the mountains of Afghanistan go on the offensive, striking six U.S. military outposts simultaneously. Many in the media begin comparing it to the Tet Offensive in Vietnam back in 1968. After 12 years of engagement, it becomes clear that the U.S. is far from achieving their objectives in Afghanistan.

Executing the Law

As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law.

The oath of office instructs the President to “take care that the laws be faithfully executed.”

The Ordinance Power

The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. www.whitehouse.gov

The power to issue these orders, the ordinance power, arises from two sources: the Constitution (implied and acts of Congress)

The Appointment Power

With Senate consent, the President names most of the top-ranking officers of the Federal Government, including:

(1) ambassadors and other diplomats; (2) Cabinet members and their top aides; (3) the heads of such independent agencies as the EPA and NASA; (4) all federal judges, attorneys, and U.S. marshals; (5) all officers in the armed forces.

Should Janet Yellen be appointed Chairperson of the Federal Reserve Bank? Video I Video II

The Removal Power

In general, the President may remove any appointees except federal judges.

Humphrey’s Executor v. United States established that an employee must be guilty of “inefficiency, neglect of duty, or malfeasance in office” in order to be removed.

Diplomatic Powers

The power to negotiate with foreign nations.

The Power to Make Treaties

A treaty is a formal agreement between two or more sovereign states.

The President, usually through the secretary of state, negotiates these international agreements.

All treaties must pass approval by a two thirds of the members present vote in the Senate.

Executive AgreementsAn executive

agreement is a pact between the President and the head of a foreign state.

Unlike treaties, executive agreements do not require Senate consent.

The Power of Recognition

The power of recognition is exercised when the President, acting for the United States,

acknowledges the legal existence of another sovereign state.

• The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country.

• The official is declared to be persona non grata, or an unwelcome person.

What should the President do in the Philippines?