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Extra credit: this image illustrates what vocab term... That could be used to discuss incumbency advantages A member’s facsimile signature, which is used.

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Presentation on theme: "Extra credit: this image illustrates what vocab term... That could be used to discuss incumbency advantages A member’s facsimile signature, which is used."— Presentation transcript:

1 Extra credit: this image illustrates what vocab term... That could be used to discuss incumbency advantages A member’s facsimile signature, which is used on envelopes in lieu of stamps, for the member’s official outgoing mail. The “franking privilege” is the right to send mail postage-free


3 creates conflict and inefficiency by separating powers, checks and balances and federalism different constituencies and staggers terms of elections so that it is hard to gain excessive power for any given length of sketchy powers to president—compare article II to article I We have a system that tries to make it hard for a President to get things done See:

4 “I sit here all day, trying to persuade people to do the things they ought to have the sense enough to do without my persuading them ……… That’s all the powers of the President amount to” President Harry S Truman

5 So think about how the president uses the powers he does have to get things done.... And how and why Congress/ the Courts and the public might react

6 What are the Enumerated Powers of the President? Article I, Sec. 7, cls. 2 & 3, grants to the President the power to approve or veto Bills and Resolutions passed by Congress. Article I, Sec. 9, next to last clause, grants to the executive Branch – the Treasury Department – the power to write checks pursuant to Appropriations made by law – i.e., by Congress. Article II, Sec. 1, cl.1, vests “executive Power” [see below] in the President. Article II, Sec. 1, last clause, sets forth the President’s Oath of Office – to “preserve, protect and defend the Constitution of the United States”. Article II, Sec. 2, cl.1:makes the President Commander in Chief of the regular military, and of the Militia when they are called into the actual service of the United States. 3 authorizes the President to require the principal Officers in the executive Departments to provide written Opinions upon the Duties of their Offices. grants the President power to grant Reprieves and Pardons for offenses against the United States, 4 but he can not stop impeachments of any federal judge or federal officer. Article II, Sec. 2, cl. 2 grants to the President the power: to make Treaties – with the advice and consent of the Senate. 5 to nominate Ambassadors, other public ministers and Consuls, federal judges, and various other officers – with the advice and consent of the Senate. Article II, Sec. 2, cl. 3 grants to the President the power to make recess appointments, which expire at the end of Congress’ next session. Article II, Sec. 3: Imposes the duty on the President to periodically advise Congress on the State of the Union, and authorizes the President to recommend to Congress such measures as he deems wise. Authorizes the President, on extraordinary Occasions, to convene one or both houses of Congress [e.g., when he asks Congress to declare War]; and if both houses can not agree on when to adjourn, he is authorized to adjourn them to such time as he deems proper. Imposes the duty upon the President to receive Ambassadors and other public Ministers. Imposes the duty upon the President to take care that the Laws be faithfully executed, and Imposes the duty upon the President to Commission all the Officers of the United States.

7 State of the Union Address, Jan 31, 2006 CONSTITUTIONAL POWERS OF THE PRESIDENT: “Formal Powers” “Expressed Powers” NOT MANY President George W. Bush and Russian President Vladimir Putin

8 Obama pardons turkey Nov 2009 Formal power

9 President Obama signed his first bill into law on Thursday, approving the Lilly Ledbetter Fair Pay Act, a law named for Ms. Ledbetter, fourth from left, an Alabama woman who at the end of a 19-year career as a supervisor in a tire factory complained that she had been paid less than men. Obama Signs Equal-Pay Legislation

10 See: mere threat can often influence changes because it takes 2/3 vote of EACH house to override--only 4% ever overridden.. But it is a blunt and reactive tool



13 The power to appoint: 2 types First.. the president has the power to appoint whom? Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law Subject of course to the _______ and ________ of the __________ ?

14 RECESS APPOINTMENTS: Article ______, section2, clause 2 says: The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. See article about pending su ct case 3/0624/Were-Obama-recess-appointments- constitutional-Supreme-Court-takes-case 3/0624/Were-Obama-recess-appointments- constitutional-Supreme-Court-takes-case

15 Why would a president facing a Senate of his same party ever resort to a recess appt?

16 Rand Paul Leads Filibuster of Brennan Nomination Senator Rand Paul held the floor of the Senate in a bid to prevent a vote on the nomination of John O. Brennan to be Central Intelligence Agency Director on Wednesday. Senator Rand Paul, Republican of Kentucky, began an old-school, speak-until-you-can-speak-no-more filibuster on Wednesday just before noon, and was still going strong hours later. Mr. Paul, who opposes the nomination of John O. Brennan to lead the Central Intelligence Agency, had previously said he would filibuster President Obama’s nominee after receiving a letter this month from Attorney General Eric H. Holder Jr. that refused to rule out the use of drone strikes within the United States in “extraordinary circumstances” like the Sept. 11 terrorist attacks.On Wednesday, Mr. Paul did exactly as promised, taking to the Senate floor to filibuster Mr. Brennan’s nomination. “I rise today to begin to filibuster John Brennan’s nomination for the C.I.A.,” Mr. Paul began. “I will speak until I can no longer speak. I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court.”

17 NATIONAL LABOR RELATIONS BOARD v. NOEL CANNING Question 1.Was the Senate “ in recess” under the Recess Appointments Clause when President Obama appointed three people to the Board on January 4, 2012? 2. Does the Recess Appointments Clause grant the President the power to fill only vacancies that occur during the official recess of the Senate?

18 Decision: 9 votes for Noel Canning, 0 vote(s) against Legal provision: U.S. Constitution, Art. II, §2, cl. 3. No, no. Justice Stephen G. Breyer delivered the opinion for the 9-0 majority. The Court held that a pro forma session does not create a recess long enough to trigger the Recess Appointments Clause. While the term “recess” in the Clause refers both to inter- and intra- session recesses, its legislative history and historical context indicate that the term should be presumed to mean a recess of substantial length. The Court held that the three-day break that occurs during pro forma sessions does not represent a significant interruption of legislative business and therefore cannot justify the exercise of the Clause. Additionally, a pro forma session cannot be viewed as a single, long recess because the Senate retains its capacity to conduct business during such sessions. Because recess appointments made during a recess that was shorter than ten days have been so historically rare, the Court held that ten days was the appropriate presumptive lower limit to place on the exercise of the Clause. The Court also held that the Clause applies to vacancies that occur during a recess as well as those that originally occur before a recess but continue to exist at the time of the recess. Although a plain reading of the Clause does not require such an interpretation, the historical context of the wording favors the more broad reading because a vacancy can be considered a continuing state.

19 Article _______, Section 1: The executive Power shall be vested in a President of the United States of America. executive The power to _______________the laws "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

20 October 18, 2009 New Medical Marijuana Policy Issued By THE ASSOCIATED PRESS Filed at 11:59 p.m. ET Oct 2009 WASHINGTON (AP) -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.marijuana Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws. The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes. Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

21 So... When it comes to making law.... The president can’t “The Constitution also authorizes the president to “recommend to [Congress's] Consideration such Measures as he shall judge necessary and expedient.” Unlike the veto, which is a limited and somewhat negative instrument for stopping legislation, the duty to recommend legislation has over time become the primary mechanism by which chief executives influence the nation's political agenda. Given the presidency's relatively weak array of formal devices for mandating government policy, no other facet of the office today is as critical to presidential success or failure. The ability to shape the agenda of government—to decide what is or is not a priority—is in essence the power to influence what government will or will not do”


23 Informal sources of presidential power Garnering public support: “govern by campaigning” bully pulpit symbolism of head of state Honeymoon period “Mandate” from an election Crisis Good economy More power in Foreign affairs President Bush with Tillman Shiplett, 8 months, at Charleston Air Force Base in South Carolina.

24 President Obama held a prime-time news conference on health care reform Informal power

25 A bully pulpit is a position sufficiently conspicuous to provide an opportunity to speak out and be listened to. This term was coined by President Theodore Roosevelt, who referred to the White House as a "bully pulpit", by which he meant a terrific platform from which to advocate an agenda. Roosevelt famously used the word bully as an adjective meaning "superb" or "wonderful", a more common usage in his time than it is today. (Another expression which survives from this era is "bully for you", synonymous with "good for you".)



28 Obama Won But Has No Mandate Nov. 7, 2012 | Four more years. Four more years. Four more years … of what? That’s pretty much the way the political conversation went Tuesday night, at least based on what I saw on television. Just minutes after the networks declared President Obama the winner, and while Karl Rove was still ranting to Fox colleagues about Mitt Romney's Ohio numbers, pundits were already starting a debate over whether the election gave Obama a mandate—and, if so, what that mandate entailed Yes, Obama Won a Mandate




32 Presidential Coattails and Midterm Loss Table 1: Net midterm losses in Senate races by president’s party, 1914-2010 2014....Yup, It Was a Wave For 2014 see: term_elections.php





37 Crisis

38 The US Constitution gives much of the foreign policy decision-making to the presidency, but the Senate has a role in ratifying treaties, and the Supreme Court interprets treaties when cases are presented to it.

39 . an official (esp. the president) in the final period of office, after the election of a successor.... The term is often used to describe sitting presidents who have served two terms, and have entered their last year

40 More informal powers Executive orders Executive privilege Signing statements Executive agreements

41 Government by ________ ___________ An order from the President, as Chief Executive, to a federal agency or agencies to authorize or prohibit a specified action. An executive order may be a simple, routine exercise of authority, or it may be a far-reaching policy that challenges congressional control of policy. Criticized as “presidential lawmaking” lib/2012/jun/22/DREAM-Act-questions-answers-Obama-immigration- undo/


43 On July 25, 2003, in celebration of the 13th anniversary of the Americans with Disabilities Act, President George W. Bush signed Executive Order 12994, continuing the work of the Committee, but renaming it the President’s Committee for People with Intellectual Disabilities (PCPID). (From the President's Committee on Mental Retardation”. 2002: Executive order to ensure faith based charity groups get funding: First, in a few minutes -- you'll be happy to hear -- (laughter) -- I am going to sign an executive order directing all federal agencies to follow the principle of equal treatment in rewarding social service grants Can be straight forward... Or controversial Presidential Law making?

44 Obama Issues Directives on Detainees, Interrogation, Guantanamo President Obama on Thursday issued at least three executive orders and one presidential directive relating to national security and one abortion policy order, all reversals of Bush administration policy. Obama Issues Directives on Detainees, Interrogation, Guantanamo President Obama on Thursday issued at least three executive orders and one presidential directive relating to national security and one abortion policy order, all reversals of Bush administration policy. President Obama caps his pen after he signed an executive order closing the prison at Guantanamo Bay, Thursday, Jan. 22, 2009, in the Oval Office of the White House.... the administration in the afternoon issued a reversal of a ban on federal funding for non-governmental organizations working outside the U.S. that offer abortions or abortion counseling. Obama signed the executive order on the 36th anniversary of the landmark Roe v. Wade Supreme Court ruling that legalized abortion in all 50 states directives-detainees-interrogation-guantanamo /

45 Obama Says He'll Use Executive Orders For Immigration Reform November 09, 2014 6:33 PM ET 14-11-09/what-obama-could-do-through- executive-orders-on-immigration

46 More areas of expanded exec authority Executive Privilege Defined: The claim that confidential communications between a president and his close advisors should not be revealed without the consent of the president. Not in constitution-based on principles of Separation of powers and idea that effective statesmanship makes it necessary. Sup. Court upheld idea—but limited in U.S v. Nixon –pres. are entitled to exec. Priv. Most of the time (and especially for national security), but not in criminal cases.


48 presidents-invoke-executive-privilege/






54 A. More areas of expanded exec authority Impoundment The president's refusal to spend what Congress has appropriated  In past, Nixon especially did for policy objectives in civil rights area.  Congress tried to prevent with: the Congressional Budget Control and Impoundment Act

55 More areas of expanded exec authority Signing Statements signing statement is an addendum issued by the President that accompanies the signing of a law. Those that deal with how the executive branch plans to enforce the law -- those that are de facto line item vetos -- are often controversial. In the US, their legal status remains uncertain

56 After approving the bill President Bush issued a signing statement: an official document in which a president lays out his interpretation of a new law. In it Bush said: "The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks." Bush signing statement on prohibition of torture

57 March 10, 2009 Obama Looks to Limit Impact of Tactic Bush Used to Sidestep New Laws By CHARLIE SAVAGE WASHINGTON — Calling into question the legitimacy of all the signing statements that former President George W. Bush used to challenge new laws, President Obama ordered executive officials on Monday to consult with Attorney General Eric H. Holder Jr. before relying on any of them to bypass a statute. But Mr. Obama also signaled that he intended to use signing statements himself if Congress sent him legislation with provisions he decided were unconstitutional. He promised to take a modest approach when using the statements, legal documents issued by a president the day he signs bills into law that instruct executive officials how to put the statutes into effect. But Mr. Obama said there was a role for the practice if used appropriately. “In exercising my responsibility to determine whether a provision of an enrolled bill is unconstitutional, I will act with caution and restraint, based only on interpretations of the Constitution that are well- founded,” Mr. Obama wrote in a memorandum to the heads of all departments and agencies in the executive branch. Mr. Bush’s use of signing statements led to fierce controversy. He frequently used them to declare that provisions in the bills he was signing were unconstitutional constraints on executive power, and that the laws did not need to be enforced or obeyed as written. The laws he challenged included a ban on torture and requirements that Congress be given detailed reports about how the Justice Department was using the counterterrorism powers in the USA Patriot Act.

58 March 12, 2009 Obama Says He Can Ignore Some Parts of Spending Bill One of the budget bill’s provisions that Mr. Obama said he could circumvent concerns United Nations peacekeeping missions. It says money may not be spent on any such mission if it entails putting United States troops under a foreign commander, unless Mr. Obama’s military advisers so recommend. “This provision,” Mr. Obama wrote, “raises constitutional concerns by constraining my choice of particular persons to perform specific command functions in military missions, by conditioning the exercise of my authority as commander in chief on the recommendations of subordinates within the military chain of command, and by constraining my diplomatic negotiating authority.” He also raised concerns about a section that establishes whistle-blower protections for federal employees who give information to Congress. “I do not interpret this provision,” he wrote, “to detract from my authority to direct the heads of executive departments to supervise, control and correct employees’ communications with the Congress in cases where such communications would be unlawful or would reveal information that is properly privileged or otherwise confidential.”

59 An executive agreement is an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratified. Executive agreements are considered politically binding to distinguish them from treaties which are legally binding. executive agreement: An agreement entered into by the President and another nation, under presidential authority as chief executive, chief of state, and sometimes, by express authorization from Congress. An executive agreement is binding, though it is not submitted to the Senate as a formal treaty. Congress may be called on to fund or pass implementing legislation for executive agreements. More areas of expanded exec authority

60 Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency. a. Identify two formal constitutional powers of the President in making foreign policy. b. Identify two formal constitutional powers of Congress in making foreign policy. c. Identify two informal powers of the President that contribute to the President’s advantage over Congress in conducting foreign policy. d. Explain how each of the informal powers identified in (c) contributes to the President’s advantage over Congress in conducting foreign policy. 2004 FRQ

61 Part a: (2 points) 1 for each of the two identifications Acceptable identifications of explicit, formal constitutional powers of the President may include Commander in chief, power to commit troops Appointment of ambassadors and foreign policy officials Negotiate/ make treaties Recognition of nations Receive ambassadors and make other public ministers Part b: (2 points) 1 point for each of two identifications Acceptable identifications of explicit, formal constitutional powers of Congress may include Confirm ambassadors Power of purse in military/ foreign policy matters Declare war Pass laws/ resolutions re: foreign policy issues Regulate foreign commerce (including free trade agreements) Ratify treaties

62 Part c: (2 points) 1 for each of the two identifications Acceptable identifications of informal powers may include Executive agreements Access to media/ bully pulpit/ morale building Agenda setting Meet with world leaders Crisis manager International coalition building Recognized as global leader President has access to more information, knowledge, or expertise than does congress Part b: (2 points) 1 point for each of two explanations Response must show how or why the identified power gives the President advantages over Congress. Acceptable explanations of the President’s advantages over Congress may include: Persuade congress: negotiate, offer support, threats, etc. Persuade the public: on foreign policy process/ issues Ability to circumvent he formal process.

63 _________ of ___________titular leader of the country who represents the state at official and ceremonial functions but may not be involved with the day-to-day activities of the government. __________ of _______________ top administrative leader who is designated to manage the day-to-day activities of the government. in the UK, the __________ is the head of state, and the _________ ________is the head of government. In the US, the president is both the chief of state and the head of government. Head of State AND Head of Government Try a google image search on head of state vs head of government


65 democracy/ Female Heads of State and Indirect Democracy


67 Modern Flourishes at Obamas’ State Dinner WASHINGTON — Nov 24 2009 It is an old tradition, a White House dinner governed by ritual and protocol that happens to be this city’s hottest social event. But at their first state dinner on Tuesday night, President Obama and his wife, Michelle, made sure to infuse the glittering gala with distinctive touches. President Obama and his wife, Michelle, hosted their first state dinner for their guests of honor, Prime Minister Manmohan Singh and his wife, Gursharan Kaur, on Tuesday night. The Obamas greeted their guests at the White House.

68 Gursharan Kaur, the first lady of India, Michelle Obama, Prime Minister Manmohan Singh of India, and President Obama arrived for the state Dinner

69 Mrs. Obama made a splash by showcasing deep, rich colors -- apple green for the tablecloths and varying shades of plum, purple and fuchsia in the hydrangea, roses and sweet peas in the centerpieces. A member of the staff prepared an example of a table setting.

70 Last but not least, the dinner plates were an eclectic mix of Clinton and Bush China. For Mr. Obama, it was a rare break from the bruising business of governance, allowing him to showcase his role as a world leader and gracious host

71 They hired a new florist, Laura Dowling, who bedecked the tented outdoor dining room with locally grown, sustainably harvested magnolia branches and ivy. Marcus Samuelsson of Aquavit was the guest chef.

72 The meatless menu included a mix of Indian and American favorites, including some African-American standards. Collard greens and curried prawns, chickpeas and okra, nan and cornbread were served to the 320 guests. A member of the kitchen staff left the kitchen with a representative dish from the dinner.

73 Presidential vs Parliamentary Both Democratic but... 1.Fused vs separated powers 2.Making Law/ managing govt Exec works with guaranteed majority vs divided gov’t ; Exec insider vs possible outsider 3. Accountability to legislature Question hour for government; selection and removal different emphasis efficient policy delivery and the ability of a gov't to deliver on its promises—versus deliberation and checks on power

74 In a lot of ways PM is stronger-- but ultimately he depends on (is accountable to the ) legislature in a way that President does not

75 Without saying so directly, the Constitution created the _____________with those words. Note, however, that the Constitution does not go into what the executive departments will be, how many there will be, or what their duties should be. [The President] may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices.

76 Since cabinet members are usually department heads, they are appointed by the President and confirmed by the Senate. Other than confirmation, there are no legal or constitutional requirements for the job. They serve at the whim of the President. They may, however, be impeached as any federal officer may be. Unlike in many other countries, members of the cabinet are not members of the legislature. In fact, the Constitution prohibits any member of the Congress from being an officer of the government. Typically, the cabinet meets on a regular basis, such as weekly. However, because the cabinet is not a legal institution, meetings can be at any interval. In fact, the cabinet may not necessarily ever meet at all. In fact, there need not even be a cabinet. Some have questioned the need for a cabinet, and some modern presidents made little use of them. Since the subject matter apropos to any department varies so widely with that of the others, discussions can break down into turf wars. Former cabinet member Zbigniew Brzezinski told of using the time to catch up on newspapers and magazines. So what role does the cabinet play? It is a place of support for the President and his policies, and the press play the cabinet up as a big source for consensus and discussion in any government. Probably closer to the truth is that the President meets with those cabinet officers whose departments have authority over the crisis of the day, and the whole cabinet is just a useful way to refer to all the people that make it up.—there is no notion of _____________ responsibility as seen in the British system.

77 President Obama’s Cabinet The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General. To see them, go to: h cabinet/ h cabinet/ ttp://


79 Order of Presidential Succession The Presidential Succession Act of 1947, signed by President Harry Truman, changed the order again to what it is today. The cabinet members are ordered in the line of succession according to the date their offices were established. Prior to the ratification of the 25th Amendment in 1967, there was no provision for filling a vacancy in the vice presidency. When a president died in office, the vice president succeeded him, and the vice presidency then remained vacant. The first vice president to take office under the new procedure was Gerald Ford, who was nominated by Nixon on Oct. 12, 1973, and confirmed by Congress the following Dec. 6. NOTE: An official cannot succeed to the Presidency unless that person meets the Constitutional requirements.1. The president pro tempore presides over the Senate when the vice president is absent. The president pro tempore is elected by the Senate, but by tradition the position is held by the senior member of the majority party.2. Pending confirmation. SEE: sidential_line_of_succession sidential_line_of_succession

80 “Shrouded in anonymity, protected by executive privilege, but with no legal or constitutional authority of their own, the 5,900 people in 125 offices collectively known as the White House Staff assist the chief executive by shaping, focusing and amplifying presidential policy. Whom does the President really rely on to get things done? ?

81 Winning four consecutive Emmy Awards for Outstanding Drama Series, creator Aaron Sorkin's powerful political epic chronicles the triumphs and travails of White House senior staff under the administration of President Josiah Bartlet.

82 President Bush's chief of staff Andrew Card, left, senior advisor Karl Rove, center, and press secretary Scott McClellan, right, leave the White House on Tuesday, April 20, 2004. AP Photo/Ron Edmonds Why prefer WH Staff? They don't have to be confirmed by senate Officials are less subject to testifying before Congress since they have a greater degree of executive privilege protection Presidents seek people to be loyal (compare to cabinet where picked for other reasons)--so less divided loyalties

83 The White House Chief of Staff is the highest ranking employee of the White House Office inside the Executive Office of the President of the United States. The position began as the Assistant to the President in 1946 and acquired its current name in 1961. The current White House Chief of Staff is Denis McDonough, who assumed the position on January 25, 2013, after Jack Lew resigned in order to accept appointment as Secretary of the Treasury. Leo McGarry

84 September 11, 2001. Chief of Staff Andrew Card whispers the news to President Bush in Sarasota, Florida.

85 Age and Citizenship requirements - US Constitution, Article II, Section 1 No person except a ________ _______citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of _______-______years, and been fourteen years a resident within the United States. Term limit amendment - US Constitution, Amendment_________, Section 1 – ratified February 27, 1951 No person shall be elected to the office of the President more than _____and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

86 Saturday, October 25, 2008 A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president. U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency. Berg claimed that Obama is either a citizen of his father's native Kenya or became a citizen of Indonesia after he moved there as a boy. Obama was born in Hawaii to an American mother and a Kenyan father. His parents divorced and his mother married an Indonesian man. Internet-fueled conspiracy theories question whether Obama is a "natural-born citizen" as required by the Constitution for a presidential candidate and whether he lost his citizenship while living abroad. Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters." Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Judge tosses lawsuit challenging Obama citizenship,4675,ObamaCitizenship,00.html


88 Imperial Congress vs. Imperial Presidency


90 The framers thought that Congress would.. “ In republican government, the legislative authority necessarily predominates. The remedy for this inconvenience is to divide the legislature… [And] the executive… should be fortified.” James Madison The Federalist, Number 51... But... SO who “Dominates” in the relation between C and the P

91 FLIP SIDES President Diocletian and Emperor Bush? No, but Roman parallels are a perennial temptation Thesis for the imperial presidency: Since 1972, the presidency has become an imperial institution, which threatens the delicate balance of the Constitution. The President was able to rule by decree without limitation by the Congress or Courts." --Arthur Schlesingerr Jr.

92 Areas of Increased Presidential Powers In War... constitutional conflict: President: commander in chief so –he can order troops about: Haiti, Grenada, etc versus Congress: “power to tax and spend” and it declares war Examples: Vietnam War (LBJ gets Congress to issue the Gulf of Tonkin Resolution) Nixon’s "secret" war in Cambodia, Carter aiding Iran, Regan and Grenada, Clinton’s troops in Haiti Cold War in general gave President lots of power And of course.... Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq Whereas blah balh balh wmds blah balh WMDs blah balh balh] Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.

93 Areas of Increased Presidential Powers in war cont.... USA Patriot Act gives expanded powers to executive branch Secret wiretapping Military tribunals (by executive order)

94 More areas of expanded exec authority Diplomacy by Executive Agreement rather than treaties Defined: “deals” between the Pres. and the head of another nation which has the force of a treaty but does not require Senate's "advise and Consent" (2/3) Example: America's involvement in Vietnam in part because of secret agreements between the US president and South Vietnam in 50s and 60s There are limits because Congress has the power of the ________and the Case Amendment passed in 1972 requires that the president inform Congress of any executive agreement within 60 days of it being passed

95 Other ways Congress can assert itself: Legislation in general can become more specific: this lets them take credit for goodies AND it takes away discretion from Executive Branch Confirmation of presidential employees: increase number which need confirmation --140 in 1969--310 now and abandon deference Increasing oversight: Watergate, Iran Contra, Independent Council, torture, hold more hearings; issue more supoenas Impeachment Use of legislative veto: Congress grants the president the authority to act, but reserves the right to reject his actions. Sp. Ct. held unconstitutional, (INS v. Chadha) but Congress still passes laws with leg. veto and the president signs them Power of purse: funding in Iraq It helps if President’s popularity ratings go down More likely to be assertive if ________ govt

96 Specific Acts War Powers Act of 1973 : Requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension; At any time Congress could pass concurrent resolution which could not be vetoed ending American involvement Budget Control and Impoundment Act 1974 Which gave Congress more control over the budget by establishing a budget calendar, a budget committee and the CBO. It also said presidents must spend money Case Amendment: must submit executive agreements to us Ethics in Govt Act of 1978- indep. Council Why all this stuff in the in the 70’s: Watergate, Pentagon Papers, Vietnam, Nixon impounding funds, FECA means less coattails and patronage down, Rise of new groups like civil rights, anti-war, environment, consumer turn to courts and Congress—fall of old groups like organized labor, heavy industry and urban political machines which had been linked to President A more recent example: McCain Amendment to 2006 Department of Defense Appropriations Bill (2005) prohibits torture Note two things—first it was a rider—offered by senators... And second, it is one of the things Bush used a signing statement for How Does Congress try to assert itself?




100 Mr. Gonzales, with his mother, Maria, his son Graham and Mr. Bush, as Supreme Court Justice Sandra Day O'Connor swore him into office It’s a system o f SHARED powers really










110 Senator Strom Thurmond, left, swears in Chief Justice Rehnquist to preside during the Clinton impeachment trial in 1999. NYT 9/4/05






116 delegated versus expressed powers: Delegated powers are those powers generally granted to the president (or Congress) by the people through the Constitution. Delegated includes both expressed (formal) and implied powers. Expressed powers are those powers specifically stated in the Constitution. The President has the expressed power to appoint ambassadors and make treaties (with the consent of the Senate), thus also delegating him the implied power to formulate and take the lead on foreign policy. The Constitution does not specifically state the president can commit troops to hostile actions overseas; however, it has been implied under his duty expressly stated as commander in chief.

117 Veto Power: Article I, Section VII Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law Formal or informal?

118 THE FORMAL POWERS OF THE US PRESIDENT: Article ____ (mostly) The _______ power of the federal government is vested in the president. With the ________ and ___________ of the Senate, the president has the power to appoint a__________, other public Ministers and Consuls, Judges of the ________ Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law The president may recommend to _____________such legislative measures as he believes are necessary and he may (subject to 2/3rds of both Houses of Congress overriding his decision) veto bills emerging from Congress. (Article I) The president has the power to make __________with other nations with the advice and consent of 2/3rds of the Senate. The president is ___________ in ________of the armed forces. The President shall have Power to fill up all Vacancies that may happen during the ________of the Senate, by granting Commissions which shall expire at the End of their next Session. The president can grant reprieves and _______(except in the case of impeachment). He is bound by the laws of the land and he can be removed from office for treason, bribery or other high crimes and misdemeanours

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