1. Constitutional Powers of the President What are the powers of the president? What is the difference between a veto and line-item veto? Why is the War Powers Act so controversial?

2. Article II Unlike Congress, the Framers had a hard time thinking about the role of a president “Executive power shall be vested in a President of the United States of America” Enumerated powers, though few, have a broad modern interpretation –President has ever-expanding role

3. How to be President According to Article II: Must be natural-born citizen of the U.S. At least 35 Resident of the U.S. for at least 14 years (this was due to diplomatic travel) Other laws: Held to two, 4-year terms (not to exceed 10 years—see p. 277) in the 22 nd amendment (1951) Carry out duties assigned by the Constitution, protect the laws *also applies to the office of Vice-President

4. Presidential Succession Although a successor was named in the VP by the Framers, it wasn’t until 1947 that there was an official Presidential Succession Act This act has never been used, as there has always been a VP to take over (i.e., 1963) 25 th amendment (1967) sets procedures for how to go about choosing new leaders

5. The Appointment Power Appointment—to approve (and remove) government officials to help enforce laws –With “advice and consent” of the Senate –3,000 appointments—most have great authority over course/direction of policy –Loyalty, competence, integrity— people “more like America” (unlike Congress) –Cabinet: advisory group to the President to help with decisions, execute laws Through enforcement power, help set policy agenda, influence future decisions

6. Power to Convene Congress Convene=bring together “State of the Union” address Convene one/both houses on “extraordinary Occasions” –Federalist 77--Important before there were year-round sessions of Congress

7. Power to make treaties (A2, S2) Checked by approval of 2/3 of Senate –70% treaties ratified –Treaty of Versailles (1919) notorious rejection by isolationists— supposed to end WWI, create League of Nations –“unsign” treaties made by other presidents (2002 ICC by the United Nations) “receive ambassadors”=recognize legitimacy/existence of other nations “fast track” authority—negotiate trade agreements without Congress changing Executive agreement—president can form secret/sensitive agreements without Senate approval (not binding on later administrations) –NAFTA –Membership in WTO

8. Veto Power Veto—authority to reject any congressional legislation (2,500 in history) –Congress mostly makes legislation they know will receive support Congress can override by 2/3 vote in each house (100 in history) Line-item veto—power to disapprove individual items within a spending bill –Enacted 1996; Clinton v. City of NY (1998) rules unconstitutional (gave powers denied by USC)

9. Power as Commander-in-Chief Cannot declare war, but can use military in conjunction with executive power to carry out laws to wage war –No formal declaration of war since 1941 –Gulf of Tonkin Act (1964)—leads to Vietnam War action (no formal declaration of war) War Powers Act (1973)—president is limited in deploying troops to 60 days in peacetime unless Congress gives specific approval –Persian Gulf War (1991) –War on Terrorism (2001—present) in Afghanistan –Iraq War (2002-2011)

10. Power to pardon Pardon—executive grant to release an individual from punishment/legal consequence of a crime; restores all rights –Infamous Ford pardon of Nixon 1970s Individual or group amnesty –Washington, Adams, Madison, Lincoln, Johnson, T. Roosevelt, Truman, Carter Lincoln: pardon of Confederate troops Carter: pardon of Vietnam “draft-dodgers”

11. Check it! Why do you think the qualifications for president and VP are strict? Explain why the appointment power is an example of checks and balances in the government. What is an executive agreement? How are they used to circumvent checks and balances? Why do you think the line-item veto is no longer used at the federal level? What do you think the ancient Chinese philosopher Lao Tzu meant when he said: “If you want to govern the people, you must place yourself below them. If you want to lead the people, you must learn how to follow them”?