1. Presidential Powers

2. Presidential Power Divided and Unified Government Gridlock
President versus a Prime Minister
Work Together

3. Overview of Presidential Powers
Executive Powers
Diplomatic Powers
Military Powers
Legislative Powers
Judicial Powers

4. Executive Powers
Execute the Law (Chief Executive) carries out, enforces, and administers all federal laws
Article II, Section 3: “he shall take care that the laws be faithfully executed”
Ordinance Power: Power of the President to issue an executive order
Executive Order: a directive, rule, or regulation that has the effect of law
Appointment Power: power to hire subordinates
Removal Power: power to fire subordinates

5. Executive Powers Appointment Power: (Article II, Section 2, Clause 2)
“and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public ministers, and counsels, Judges of the Supreme Court, and all other officers of the United States”
President Appoints:
1. Ambassadors
2. Cabinet (15 Secretaries)
3. Directors of Federal Agencies
4. Federal Judges
5. U.S. Marshals and Attorneys

6. Majority Vote Required to Pass Majority Vote Required to Pass
Executive Powers
Two Steps in the Appointment Process
1. President Appoints (nomination)
2. Senate Approves (confirmation)
Senatorial Courtesy
Confirmation
Senate
Committee
Hearing
Full
Senate
Debate
Nomination
By President
Rejection
Majority Vote Required to Pass
Majority Vote Required to Pass

7. Executive Powers Removal Power (fire) 1. Ambassadors
2. Cabinet (15 Secretaries)
3. Directors of Federal Agencies
4. U.S. Marshals and Attorneys
President CANNOT fire Federal Judges (serve life term) Federal Judges can only be removed by the impeachment process
Impeachment of Andrew Johnson (1868) “Tenure of Office Act”

8. Diplomatic Powers
Treaty: formal agreement between two or more countries (formal contract or document)
Article II, Section 2, Clause 2: “He shall have the power, by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the Senators present concur”
Treaty must be approved by a 2/3 vote in the Senate
Executive Agreement: informal agreement between the President and the head of a foreign country
Does NOT require Senate approval

9. Embassy Row, Washington D.C.
Diplomatic Powers
Recognition Power: President receives the diplomatic representatives of other countries (thus legally acknowledging the existence of that country)
President can send U.S. Ambassadors to foreign countries (U.S. Embassy)
U.S. Embassy in Baghdad, Iraq
Embassy Row, Washington D.C.

10. Military Powers Commander in Chief of the U.S. military
Commission military officers
Only the President has the authority to order the use Nuclear Weapons
The “Football” (brief case = nuclear launch codes)
President has the power to make undeclared war
Article I (only Congress has the power to officially declare war against another country)
Last officially declared war? (1941: World War II)
Conflict: Article I (Congress declares war) Article II (President is the Commander in Chief of military) ?

11. Nuclear “Football” Briefcase
Launch codes for our nuclear weapons and launch procedures
"Rare, Medium or Well Done."

12. Undeclared Wars and Conflicts
Korean War ( )
Vietnam War ( )
Invasion of Grenada (1983)
Invasion of Panama (1989)
Gulf War (1991)
Somalia Conflict (1993)
Bosnia (1995)
Kosovo (1999)
Afghanistan (2001-Present)
Iraq War (2002-Present)

13. War Powers Act of 1973 Direct result of the Vietnam War (1964-1973)
Congress reducing the Presidents military powers
President Nixon vetoed the resolution declaring it was unconstitutional (illegal)
Congress overrode the veto by a 2/3 vote, thus the resolution passed in 1973

14. War Powers Resolution of 1973
Within 48 hours of sending troops into combat, President must report to Congress explain the purpose and scope of this action
Combat commitment must in within 60 days unless Congress authorizes an extension
Congress may end the combat commitment at any time, by passing a concurrent resolution (passed by both House and Senate)

15. War Powers Resolution of 1973
The constitutionality of this law remains in dispute
Must wait a situation in which Congress demands that its provisions be obeyed and the President refuses to do so
Supreme Court would then determine if the War Powers Resolution was constitutional or not

16. State of the Union Speech
Legislative Powers
Article II, Section 3: “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such measures as he shall judge necessary and expedient; he may; on extraordinary occasions, convene both houses, or either of them…”
State of the Union Speech

17. Legislative Powers
Recommend Legislation (recommends specific laws for Congress to pass)
Approve Legislation: Sign a bill, it becomes a law
Disapprove Legislation: Reject a bill (Veto Power) and send it back to Congress
Line-Item Veto (Unconstitutional) Clinton v. New York City (1998)
State of the Union Address
Call a Special Session of Congress

18. Judicial Powers (clemency)
Reprieve: the postponement of a sentence
Commutation: (commute) reduce the length of a sentence or fine
Pardon: full legal forgiveness of a crime
Amnesty: a blanket pardon that covers a group of people

19. Other Presidential Powers
Implied powers (generally not found in the U.S. Constitution)
Executive Privilege
Impoundment of funds

20. Executive Privilege
Is the President required to divulge private communications between himself and his advisors?
Separation of powers
United States v. Nixon (1974)
Can the President be sued?
President Clinton was sued in 1997 and 1998 by a private person (Paula Jones) who claimed he had solicited sex from her.
Courts ruled that YES, the President may be sued and his associates cannot claim Executive Privilege

21. Impoundment of Funds
President refuses to spend money that has been appropriated by Congress
U.S. Constitution: only states that the President cannot spend money that Congress has not appropriated
Budget Reform Act of 1974
Requires President to spend all appropriated funds
May inform Congress of funds he does not want to spend
Congress has 45 days to agree to delete the appropriation or the President must spend the money
President may delay spending but Congress may force him to spend the money by passing a concurrent resolution

22. Growth in Presidential Power
The expressed powers of the President have not changed over time but the President's powers have greatly increased
The Presidential View
1. Strict Constructionists
2. Liberal Constructionists
"Stewardship theory" or "Imperial Presidency“

23. Reasons for Growth of Power:
Unity of President: one man "chief executive"
Personality of the man
The nation's increasing social and economic problems
Need for immediate and decisive action during times of crisis
Commander in Chief of military forces (undeclared war)
The mass media focus on the President

24. Congressional Checks on Presidential Power
Power of the Purse (Do not appropriate funds)
Refuse to pass legislation
Reject Presidential Appointments (Senate)
Reject Treaties (Senate)
Legislative Veto