1. Chapter 14: The Presidency in Action Section 1

2. Objectives
Explain why Article II of the Constitution can be described as “an outline” of the presidential office.
List several reasons for the growth of presidential power.
Explain how the Presidents’ own views have affected the power of the office.

3. Key Terms
Executive Article: the name given to Article II of the U.S. Constitution, which establishes the office of the President
imperial presidency: a critical view of the presidency that argues that Presidents have become too powerful, isolated from Congress, and unaccountable for their actions

4. Introduction
What factors have contributed to the growth of presidential power?
The presidency is a unified office with a focused purpose.
Congress has granted more authority to the executive branch.
The President can act decisively in times of crisis, increasing his or her influence.
The support staff of the President has grown over time.

5. Article II
Article II of the Constitution gives the President power to:
Command the armed forces
Make treaties
Approve or veto acts of Congress
Send or receive diplomats
“Take care that the Laws be faithfully executed.”
The presidency has been called the “most powerful office in the world.”

6. Views of the Presidency
Checkpoint: What two views of the presidency were debated by the Framers?
These executive powers are broadly defined and open to interpretation.
At the Constitutional Convention, some delegates argued for a weaker chief executive appointed by Congress.
They were defeated by delegates supporting a strong, independently elected executive.
Checkpoint Answer: Whether the president should be weak and subordinate to Congress or strong and independent of the other branches.

7. Growth of Power
Presidential power has grown over time. Why has this happened?
Compared to Congress, the executive branch is a unified office with one leader, capable of quicker decisions.
As the role of the federal government has grown and the country has endured wars and other major crises, citizens have looked to the presidency for decisive leadership.

8. Growth of Power, cont.
Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch.
Certain Presidents have used the influence of their office to increase the scope of presidential power.

9. Growth of Power, cont.
The size of the staff supporting the President has grown, allowing involvement in more areas of government.
Presidents have a unique ability to use mass media—such as radio, television, and the Internet—to attract public attention to their policies and goals.

10. Means of Gaining Power
The debate continues over how much power the President should have relative to Congress.
What is the source of presidential power as shown in this political cartoon?
Answer to cartoon question: Powers such as executive privilege, the veto power, and the ability to impound funds.

11. Gaining Power
In this cartoon, who is giving the President increased powers?
Answer to cartoon question: Congress

12. Limits on Power
Checkpoint: What limits the growth of presidential power?
In 1952, the Supreme Court ruled that President Harry Truman could not use his powers as commander in chief to take control of U.S. steel mills during the Korean War. (Youngstown Sheet & Tube C. v. Sawyer)
Checkpoint Answer: Checks and balances built into the Constitution.

13. Limits on Power, cont.
In 2006, the Court ruled that President George W. Bush could not use military tribunals to prosecute “enemy combatants” and held that part of his plan violated the Geneva Conventions and the Uniform Code of Military Justice. (Hamdan v. Rumsfeld)

14. Opposing Views
Presidents like Theodore Roosevelt have supported broad powers.
Roosevelt supported the “stewardship theory,” arguing that the President should try to do whatever would help the public, using whatever powers could be claimed.

15. Opposing Views, cont.
Presidents like William Taft have favored limited presidential powers.
Taft felt that Presidents could not simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution.
NOTE TO TEACHERS: The above image shows Presidents Theodore Roosevelt and William Howard Taft.

16. Imperial Presidency
In recent years, some critics claim that the presidency has grown too powerful.
They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.

17. Imperial Presidency, cont.
Supporters of the imperial presidency argue that the President often needs to act more swiftly than would be possible if he or she had to wait for congressional approval.

18. Review
Now that you have learned about the growth of presidential power, go back to the Chapter Essential Question.
How much power should the President have?

19. Chapter 14: The Presidency in Action Section 2

20. Objectives
Identify the sources of the President’s power to execute federal law.
Define the ordinance power.
Explain how the appointment power works and describe the limits on the removal power.
Examine the power of executive privilege.

21. Key Terms
executive order: directives, rules, or regulations issued by the President that have the force of law
ordinance power: the authority to issue executive orders
executive privilege: a right claimed by some Presidents that allows them to refuse to provide certain information to Congress or the federal courts

22. Introduction
What are the executive powers and how were they established?
The President:
Executes and interprets the law of the land
Issues executive orders
Appoints many public officials
Removes appointed officials
Can use executive privilege to withhold information from Congress and the federal courts
These powers come from the Constitution and from acts of Congress.

23. The Chief Executive
The President enforces and carries out all federal laws. This authority comes from two sources:
The oath of office, which requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution.”
The constitutional requirement that the President “take Care that the Laws be faithfully executed.”
NOTE TO TEACHERS: The above image shows Ronald Reagan taking the oath of office in 1985.

24. Interpreting Laws
Congress passes many laws that set out broad policies, but do not include specific details for enforcement.
The President and other members of the executive branch must decide how these laws should be administered and enforced.
To do so, they must often interpret the intent of these laws.

25. The Ordinance Power
The President can issue executive orders—rules and regulations that have the force of law. This is called the ordinance power.
The President must have this authority in order to use some of the executive powers granted by the Constitution.
In addition, Congress has delegated the authority to direct and regulate many legislative policies and programs to the President and the executive branch.

26. The Appointment Power
The Constitution grants the President appointment power, the ability to appoint some federal officials.
This power is necessary to ensure that presidential policies are carried out.
The President appoints some 3,000 of the 2.7 million federal workers.
The majority of the rest are hired according to civil service laws.

27. Presidential Appointments
Presidents appoint top-ranking officials such as:
Cabinet members and their top aides
Ambassadors and other diplomats
The heads of independent agencies
All federal judges, U.S. marshals, and attorneys
All officers in the U.S. armed forces
These appointments must be a approved by a majority vote of the Senate.

28. Recess Appointments
The president can make recess appointments to fill vacancies when the Senate is not in session.
These appointments expire at the end of the congressional term they were made.
They are controversial because they allow the President to bypass the Senate confirmation process.

29. The Confirmation Process
This graphic outlines the process of nominating and approving or rejecting a presidential appointee.
Under the custom of senatorial courtesy, the Senate will only approve federal appointees supported by the Senators from their state who belong to the President’s party.

30. Presidential Appointees
Presidential appointees are sometimes criticized for lacking independence and simply parroting presidential views.
How might this parroting actually benefit the President?
Answer: It could ensure loyalty and focus upon a single set of policy goals within the President’s administration.

31. The Removal Power
The Constitution does not say how appointed officers should be removed.
Some politicians wanted Senate approval for removals as well as appointments.
Others argued that the President must have the power to remove incompetent appointees.

32. The Removal Power, cont.
The First Congress gave the President the power to remove any appointed officer except for federal judges.
Congress tried unsuccessfully to take the removal power away from President Andrew Johnson in 1867.

33. The Removal Power, cont.
In 1962, the Supreme Court ruled that the removal power was a key part of the President’s authority to execute the laws.

34. The Removal Power, cont.
In 1935, the Court ruled Congress can set the conditions under which members of independent regulatory agencies, such as the Federal Trade Commission, may be removed from office.
This ruling applies only to a small number of appointed offices.
In general, the President can remove whomever they appoint.

35. Executive Privilege
At times, Presidents have refused to reveal certain information to Congress or the federal courts.
Congress has never officially recognized the right of executive privilege.
The President’s advisers and staff must be able to speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.
What is the court’s stand on executive privilege?
Answer: The Supreme Court recognizes the right of executive privilege in matters involving national security but does not recognize executive privilege when it is used to prevent evidence from being heard in criminal cases.

36. United States v. Nixon
In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security.
However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6th Amendment guarantee of a fair trial.
NOTE TO TEACHERS: The above image shows Richard Nixon in April 1973.

37. Review
Now that you have learned what they executive powers are and how they were established, go back to the Chapter Essential Question.
How much power should the president have?

38. Chapter 14: The Presidency in Action Section 3

39. Objectives Explain how treaties are made and approved.
Explain why and how executive agreements are made.
Summarize how the power of recognition is used.
Describe the President’s powers as commander in chief.

40. Key Terms
treaty: a formal agreement between two or more independent states
executive agreement: a pact between the President and the head of a foreign state or their subordinates; it has the same standing as a treaty but does not require approval by Congress
recognition: the act of acknowledging the legal existence of a country and its government
persona non grata: an unwelcome person

41. Introduction
What tools are available to the President to implement foreign policy?
Making treaties and executive agreements with foreign countries
Recognizing foreign nations
Recalling American diplomats or expelling foreign diplomats from U.S. soil
Ordering the U.S. military to conduct operations on foreign soil without a formal declaration of war

42. Chief Diplomat
The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role:
The President is the commander in chief of the nation’s armed forces.
The President, usually acting through the secretary of state, negotiates treaties with foreign nations.
NOTE TO TEACHERS: The above image shows Secretary of State Madeline Albright with Israeli Prime Minister Ehud Barak in 1999.

43. Treaties Treaties have the same legal status as an act of Congress.
Congress can repeal a treaty by passing a law that nullifies its provisions.
An existing law can be repealed by the terms of a treaty.
A treaty cannot conflict with any part of the Constitution.
If a treaty and a federal law conflict, the most recently passed measure wins.

44. Treaties and the Senate
A two-thirds majority of the Senate must approve all treaties before they go into effect.
This gives the Senate an important role in shaping U.S. foreign policy.
A Senate minority can kill a treaty. In 1920 the Senate rejected the Treaty of Versailles.
Presidents John Tyler and William McKinley each overcame Senate rejections of treaties by getting joint resolutions passed to annex Texas and Hawaii, respectively.

45. Executive Agreements
Checkpoint: How do executive agreements differ from treaties?
Presidents can make executive agreements without Senate approval.
These agreements cannot overrule state or federal law.
Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.
Checkpoint Answer: Executive agreements do no supersede federal or state laws when they come into conflict with them, whereas treaties can supersede U.S. laws. Moreover, executive agreements only have the power of law as long as the President who made the agreement remains in office. Future presidents are not bound by these agreements. 45

46. Power of Recognition
The President recognizes the legal status of other nations on behalf of the United States.
Countries usually recognize each other by exchanging diplomatic representatives.
NOTE TO TEACHERS: The above image shows Jimmy Carter meeting with Chinese leader Deng Xiaoping.

47. Power of Recognition, cont.
Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.
Recognizing a new nation, such as Panama or Israel, can help ensure its success.
Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.

48. Commander in Chief
Presidents delegate many command decisions to military officers, but Presidents make the most critical decisions and have the authority to take command in the field.

49. Commander in Chief, cont.
It is difficult for Congress to challenge many presidential command decisions.
President Theodore Roosevelt once sent the U.S. Navy halfway around the world without consulting Congress. Legislators had no choice but to approve funds to bring the Navy back.

50. Making Undeclared War
Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war:
John Adams had the U.S. Navy fight French warships in 1798.
Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup.
George H.W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989.
Bill Clinton sent troops to the Balkans in the 1990s.
How might a President exercise the role of commander in chief?
Answer: By guiding U.S. military policy, by making major tactical and strategic decisions, by committing American forces to military actions abroad without seeking a declaration of war, or in rare occasions by taking command of military forces in the field.

51. Congressional Resolutions
Congress has not declared war since World War II.
However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as:
In 1955, Congress let President Dwight Eisenhower position the U.S. Navy to block Chinese aggression toward Taiwan.
The Iraq Resolution of 2002 authorized the use of force against Iraq.

52. Power Over the Years
At times Presidents have sought Congressional approval for the use of military force, while other times they have not.

53. War Powers Resolution
Checkpoint: Why did Congress enact the War Powers Act?
The results of the undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.
There is still a debate over whether this Resolution is constitutional or not.
Checkpoint Answer: Specific answer: As a result of Lyndon Johnson and Richard Nixon’s use of the war-making power during the undeclared Vietnam War, which was widely viewed as a failure at the time. General answer: To attempt to curb the power of the President to deploy U.S. military forces without congressional approval.

54. War Powers Act
The War Powers Act states that the President can commit military forces to combat only
If Congress has declared war, OR
If Congress has authorized military action, OR
If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.

55. Review
Now that you have learned about the tools available to the President to implement foreign policy, go back and answer the Chapter Essential Question.
How much power should the President have?

56. Chapter 14: The Presidency in Action Section 4

57. Objectives
Explain the President’s legislative powers and how they are an important part of the system of checks and balances.
Describe the President’s major judicial powers.

58. Key Terms
pocket veto: a method of killing a bill at the end of a congressional session by not acting on it before Congress adjourns
line-item veto: the power to cancel out specific provisions, or line items, in a bill while approving the rest of the measure
reprieve: the postponement of the carrying out of a criminal sentence

59. Key Terms, cont. pardon: the legal forgiveness of a crime
clemency: the power of mercy or leniency
commutation: the power to reduce a fine or the length of a sentence imposed by a court
amnesty: a blanket pardon offered to a group of law violators

60. Introduction
How can the President check the actions of the legislative and judicial branches?
By using the message power to influence Congress to pass desired legislation
By vetoing bills passed by Congress
By issuing signing statements
By pardoning citizens accused or convicted of crimes
By reducing fines or the length of sentences
By granting amnesty to groups of people

61. Legislative Powers
As party chief, the President can greatly influence Congress.
The President sends messages to Congress to suggests legislation.
There are three major messages a year:
The State of the Union, delivered to a joint session of Congress.
The President’s budget message
The Annual Economic Report

62. Veto Power
Checkpoint: What options are available to the President when presented with a bill?
Every bill or measure requiring the consent of both House and Senate must be submitted to the President.
Checkpoint Answer: The President can sign the bill into law, veto the bill, allow it to become law through inaction, or exercise a pocket veto at the end of a session of Congress.

63. Veto Power, cont. In response, the President can:
Sign the bill into law
Veto the bill
Allow the bill to become law by not acting upon it within ten days
Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days.
President Ford prepares to address the nation about his decision on vetoing a tax cut.

64. Overriding a Veto
Congress can override a veto with a two-thirds majority, but this rarely happens.
It is difficult to gather enough votes in each house for a veto override.
The mere threat of a veto can often defeat a bill or cause changes to its provisions.
Early Presidents rarely exercised the veto, but it is common today.

65. When the President and the majority of Congress are of the same party, vetoes tend to be rare. They tend to be more frequent during periods of divided government. Do you think the veto gives the President too much authority?
Answer to feature question: Student answers will vary, depending upon their support of specific presidents or the presidency in general.

66. Signing Statements
Signing statements describe how a new law should be enforced or point out problems that the President sees with the law.
Presidents may issue signing statements when signing a bill into law.

67. Singing Statements, cont.
President George W. Bush issued a record number of signing statements.
He claimed the power to refuse to enforce certain provisions of a law or to interpret it as he saw fit.
Critics saw this as an attempt to veto bills without exercising a formal veto.

68. Line-Item Veto
The President can either accept all of a bill or reject all of it.
The Supreme Court has ruled that the line-item veto power can only be given to the President by a constitutional amendment.
How is a line-item veto different from a regular veto?
Answer: A regular veto requires the President to reject all the provisions of a bill. A line-item veto allows the President to sign a bill into law while rejecting specific provisions within that bill, so that those provisions do not become law.

69. Line-Item Veto, cont.
The proposed line-item veto would allow the President to cancel out some parts of a bill while approving others.
Supporters argue that this would cut down on wasteful federal spending.
Opponents argue that the line-item veto would shift too much power from the legislative branch to the executive branch.

70. Judicial Powers
The President can grant pardons and reprieves in federal cases.
The President can pardon people before they have even been tried or convicted, though this is rare.
President Gerald Ford famously pardoned former President Nixon in 1974 before Nixon had been tried.
A person must accept a pardon for it to go into effect.
The Supreme Court upheld this rule in 1915.

71. Judicial Powers, cont.
Checkpoint: What powers are included under the power to pardon?
The President can commute, or reduce, a fine or prison sentence.
The President can also issue a blanket amnesty that pardons a group of people.
In 1893, President Benjamin Harrison pardoned all Mormons who had violated polygamy laws.
In 1977, President Jimmy Carter gave amnesty to all Vietnam War draft evaders.
Checkpoint Answer: The power to commute sentences and grant amnesties are included in the power to pardon individuals for federal offenses, even before they have been formally accused or tried in court.

72. Review
Now that you have learned about the way in which the President can check the actions of the legislative and judicial branches, go back and answer the Chapter Essential Question.
How much power should the President have?