4 Article IIArticle 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 ConstructionistIf the Constitution does not expressly delegate a power, then the president may not claim the powerJames BuchananPresident has no power to compel the Southern States not to secede from the UnionLoose ConstructionistIf the Constitution does not expressly forbid a power, then the president may claim the powerTeddy RooseveltCreated 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 issuesIndustrial Revolution, World Wars, Nuclear weapons, globalizationConvening congress may be impossible when immediate action is requiredMass mediaNewspapers, 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?ExamplesWhy 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 oneDefine what Executive Privilege isDescribe the legislative power a president hasDescribe the judicial power a president has
9 What is an Executive Order? A directive, rule, or regulation issued by president to help enforce the lawdeciding how and to what degree laws will be enforced, dealing with emergencies, waging warNothing in Constitution about Executive OrderExcept Article II, Section 3, Clause 5Laws be faithfully executedSubject to Judicial ReviewExecutive Order 9066FDR ordered Japanese Americans placed in Interment Camps during WWIITruman Executive Order #9981desegregated militaryFDR= 3rd Term, 522 EOObama= 175
10 What is Executive Privilege? Presidential assertion of the right to withhold information for Congress and CourtJustified under principle of separation of powers and because of need for secrecy in high-level communicationsCritics charge this power is used to hide questionable – even illegal – actionsWatergate ScandalUS v NixonSupreme Court ordered President Nixon to turn over audio tapes of his private conversations in Oval OfficeShowed 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 PowerConstitution provides that the President shall report the condition of the nation to CongressState of the Union Speech used to recommend necessary legislationVeto PowerPresident may “forbid” a bill from becoming lawveto may be over-ridden by 2/3 vote in both housesjust the threat of a veto is often enough to kill a billTruman= 250 VetoesObama= 2
13 Today’s Agenda Finish Powers of the President Slide Show Tomorrow = Review Executive Branch then MovieHomeworkLook over Executive Branch NotesCheck calendar for Current Event UpdateDo something nice
14 Judicial PowersConstitution 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 1A reprieve is the postponement of the execution of a sentence.A pardon is legal forgiveness for a crimePresident 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 PowerPresident may “nationalize” the state National Guard units for service at home & overseasEisenhower used Arkansas National Guard troops to help enforce Supreme Court order to de-segregate Central H.S. in Little Rock, Arkansas, 1957George W. Bush nationalized national guard in War on Terror and deployed them to Afghanistan and IraqTeddy Roosevelt threatened to nationalize Anthracite Coal unless owners negotiated with union
16 Clarence Thomas during his controversial Senate Hearing Appointment PowerWith Senate approval, the President names most of the top-ranking officers of the Federal Government, including:ambassadors and other diplomatsCabinet members and their top aidesall federal judges, attorneys, and U.S. marshalsall officers in the armed forcesClarence Thomas during his controversial Senate Hearing
17 The Removal PowerPresident may remove the officials he appoints without Senate consentexcept federal judgesThis power is controversialSaturday Night MassacreNixon fired Archibald Cox who headed a committee investigating WatergateLed to Nixon’s resignation
18 A treaty is a formal agreement between two or more sovereign states Power to Make TreatiesA treaty is a formal agreement between two or more sovereign statesPresident, usually through the secretary of state, negotiates these international agreementsAll treaties must pass approval by 2/3 vote in the SenatePlay from 4:40-6:34
19 official is declared to be persona non grata, or an unwelcome person Power of RecognitionPresident may acknowledge the legal existence of another sovereign stateThe State of Palestine has not been recognized by a US Presidentmay 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 PowersPresident’s powers as commander in chief are far greater during a war than they are in normal timesControl War IndustriesRation food and suppliesSuspend personal freedomsEspionage Act of 1917Any obstruction to the war effort illegalSedition Act of 1918forbade "disloyal, profane, scurrilous, or abusive language"Encouraged reporting on disloyal peoplePost Office read socialist mailClear and Present Danger
21 Power as the Commander in Chief Constitution makes the President the commander in chief of the nation’s armed forcesMaking Undeclared WarMany Presidents have used the armed forces abroad without a declaration of warVietnam, Laos, Cambodia, Iraq, Afghanistan, Osama Bin Laden
22 Blackhawk for Battle of Mogadishu The War Powers ResolutionThe War Powers Resolution of 1973 limits the President’s war-making powersPassed over President Nixon’s vetoRestricts the use of American troops abroadPresident may not send troops unless Congress declares warOr unless there is a national emergencyIf there is a national emergency – President can send troops, but must notify Congress within 48 hoursAfter that, troops cannot remain longer than 60 days without congressional approvalBlackhawk for Battle of Mogadishu