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The Executive Branch 5.3 Powers of the President.

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1 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: With these few words, the Framers established the presidency. But what does this power mean? “The executive power shall be vested in a President of the United States of America.”

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? 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 Executive Order 9066 FDR ordered Japanese Americans placed in Interment Camps during WWII – Truman Executive Order #9981 desegregated military FDR= 3 rd Term, 522 EO Obama= 175

10 What is Executive Privilege? – Executive privilege – Executive privilege Presidential assertion of the right to withhold information for Congress and Courtright 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? 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 State of the Union 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 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 –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 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 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 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 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 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


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