1. 5.3 Powers of the President
The Executive Branch
5.3 Powers of the President

2. Today’s Objectives
What are two ways a president interprets the power of the presidency?
Why Presidential Power Has Grown?
What is an Executive Order?
What is Executive Privilege?

3. How much power should one person have?

4. Article II
Article II, the Constitution’s Executive Article, begins this way:
“The executive power shall be vested in a President of the United States of America.”
With these few words, the Framers established the presidency. But what does this power mean?

5. What are two ways a president interprets the power of the presidency?
Strict Constructionist
If the Constitution does not expressly delegate a power, then the president may not claim the power
James Buchanan
President has no power to compel the Southern States not to secede from the Union
Loose Constructionist
If the Constitution does not expressly forbid a power, then the president may claim the power
Teddy Roosevelt
Created thousands of acres of protected lands because Constitution did not say that he couldn’t

6. Why Presidential Power Has Grown?
World’s geopolitical, military, social and economic complexity has created new issues
Industrial Revolution, World Wars, Nuclear weapons, globalization
Convening congress may be impossible when immediate action is required
Mass media
Newspapers, Radio, Television aid presidents in gathering and holding public attention

7. Let’s Review What does the Executive Branch do?
Who is in charge of the Executive Branch?
What is a Strict Constructionist v. a Loose Constructionist?
Examples
Why has the power of the President grown over the years?

8. Today’s Objectives: I won’t be able to sleep tonight unless I am able to:
Define what a Executive Order is and give a example of one
Define what Executive Privilege is
Describe the legislative power a president has
Describe the judicial power a president has

9. What is an Executive Order?
A directive, rule, or regulation issued by president to help enforce the law
deciding how and to what degree laws will be enforced, dealing with emergencies, waging war
Nothing in Constitution about Executive Order
Except Article II, Section 3, Clause 5
Laws be faithfully executed
Subject to Judicial Review
Executive Order 9066
FDR ordered Japanese Americans placed in Interment Camps during WWII
Truman Executive Order #9981
desegregated military
FDR= 3rd Term, 522 EO
Obama= 175

10. What is Executive Privilege?
Presidential assertion of the right to withhold information for Congress and Court
Justified under principle of separation of powers and because of need for secrecy in high-level communications
Critics charge this power is used to hide questionable – even illegal – actions
Watergate Scandal
US v Nixon
Supreme Court ordered President Nixon to turn over audio tapes of his private conversations in Oval Office
Showed that he ordered cover-up of Plumbers Activities in Watergate

11. What is the cartoonist implying in the cartoon of Richard Nixon
What is the cartoonist implying in the cartoon of Richard Nixon? How does it relate to Executive Privilege?

12. What are the President’s Powers?
Legislative Power
Constitution provides that the President shall report the condition of the nation to Congress
State of the Union Speech used to recommend necessary legislation
Veto Power
President may “forbid” a bill from becoming law
veto may be over-ridden by 2/3 vote in both houses
just the threat of a veto is often enough to kill a bill
Truman= 250 Vetoes
Obama= 2

13. Today’s Agenda Finish Powers of the President Slide Show
Tomorrow = Review Executive Branch then Movie
Homework
Look over Executive Branch Notes
Check calendar for Current Event Update
Do something nice

14. Judicial Powers
Constitution gives the President power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1
A reprieve is the postponement of the execution of a sentence.
A pardon is legal forgiveness for a crime
President Ford pardoned Nixon for the crimes he committed (Watergate)
Amnesty –
Presidents may grant a pardon on a group of people, usually for political offenses – called an amnesty –
President Jimmy Carter pardoned all Vietnam War draft evaders

15. Nationalize Power
President may “nationalize” the state National Guard units for service at home & overseas
Eisenhower used Arkansas National Guard troops to help enforce Supreme Court order to de-segregate Central H.S. in Little Rock, Arkansas, 1957
George W. Bush nationalized national guard in War on Terror and deployed them to Afghanistan and Iraq
Teddy Roosevelt threatened to nationalize Anthracite Coal unless owners negotiated with union

16. Clarence Thomas during his controversial Senate Hearing
Appointment Power
With Senate approval, the President names most of the top-ranking officers of the Federal Government, including:
ambassadors and other diplomats
Cabinet members and their top aides
all federal judges, attorneys, and U.S. marshals
all officers in the armed forces
Clarence Thomas during his controversial Senate Hearing

17. The Removal Power
President may remove the officials he appoints without Senate consent
except federal judges
This power is controversial
Saturday Night Massacre
Nixon fired Archibald Cox who headed a committee investigating Watergate
Led to Nixon’s resignation

18. A treaty is a formal agreement between two or more sovereign states
Power to Make Treaties
A treaty is a formal agreement between two or more sovereign states
President, usually through the secretary of state, negotiates these international agreements
All treaties must pass approval by 2/3 vote in the Senate
Play from 4:40-6:34

19. official is declared to be persona non grata, or an unwelcome person
Power of Recognition
President may acknowledge the legal existence of another sovereign state
The State of Palestine has not been recognized by a US 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.
official is declared to be persona non grata, or an unwelcome person

20. Clear and Present Danger
Wartime Powers
President’s powers as commander in chief are far greater during a war than they are in normal times
Control War Industries
Ration food and supplies
Suspend personal freedoms
Espionage Act of 1917
Any obstruction to the war effort illegal
Sedition Act of 1918
forbade "disloyal, profane, scurrilous, or abusive language"
Encouraged reporting on disloyal people
Post Office read socialist mail
Clear and Present Danger

21. Power as the Commander in Chief
Constitution makes the President the commander in chief of the nation’s armed forces
Making Undeclared War
Many Presidents have used the armed forces abroad without a declaration of war
Vietnam, Laos, Cambodia, Iraq, Afghanistan, Osama Bin Laden

22. Blackhawk for Battle of Mogadishu
The War Powers Resolution
The War Powers Resolution of 1973 limits the President’s war-making powers
Passed over President Nixon’s veto
Restricts the use of American troops abroad
President may not send troops unless Congress declares war
Or unless there is a national emergency
If there is a national emergency – President can send troops, but must notify Congress within 48 hours
After that, troops cannot remain longer than 60 days without congressional approval
Blackhawk for Battle of Mogadishu

23. Culminating Activity
Zero Dark Thirty