Presidency Roots and Rules Constitutional Powers

O 22 nd Amendment 1951 O 2 terms, max. 10 years O Tradition - Washington O FDR – 4 O Safeguard against tyranny O What about people’s choice?

O Impeachment O Ultimate check on President O House: serves papers O Senate: conducts trial O Chief Justice: presides O 2/3 Senate to convict O Johnson – failed to convict O Clinton – no trial

O Impoundment O Pres. Refused to spend $ appropriated by Congress O Reduce federal spending O Budget Reform Act 1974 O Requires pres. To spend all appropriated funds unless Congress approves of impoundment

O Presidential Succession O 25 th Amendment 1967 O VP follows President O Was traditional, now Cons. O Presidential Succession Act O 1947 – lists 18 levels of succession after President

O V.P. O Speaker of the House O President Pro Temp O Secretary of State O Secretary of Treasury O In order of agency’s creation O Homeland Security last 2002

O Amendment 25 – 4 parts O 1. VP follows President O 2. VP vacancy – Pres. Appoints Senate confirms O 3. Disability – Pres. Notifies Speaker and Pres. Pro Temp O VP becomes “Acting Pres.”

O 4. Pres. Unable/unwilling to notify O VP and majority of cabinet notify Speaker and Pres. Pro Temp in writing O VP becomes “acting Pres.” O Contested: Congress votes

Presidential Roles O Commander in Chief O In charge of armed forces O Chief Diplomat O Regulates foreign policy O Directs Ambassadors

O Chief Executive O Enforces laws, selects advisors, runs government O Chief Legislator O Influences Congress, promotes legislation, veto O Chief of Party

O Chief of State O Example of Am. Beliefs & values O Chief Guardian of Economy O Sets agenda and policy O Submits budget O Helps direct economy

Constitutional Powers O Veto power O Reject legislation w/in 10 days O Send to original house O Override by 2/3 ( ) O Pocket veto: Pres. not signs bill, Congress adjourns before 10 days – start over with bill

O Appointment Power O Public officials, Judges, Cabinet O 2/3 Senate confirmation O Most executive employees are not appointed – no allegiance O Special Session – 20 th Amend. O Call Congress back after adjournment – crisis – 27 times O Since 1933 – 4 times

O State of the Union Address O Earlier presidents sent speech instead of addressing them O Pardoning Power O Executive check on judiciary O Grant reprieves or pardons O Released from consequences of a crime – federal except impeachment

O Ford’s pardon of Nixon O Prevented charges from being brought against him O Watergate O No grounds to reverse a Pres. Pardon AII, S2 O Congress can pass a resolution condemning a Pres pardon O 1999: Clinton’s commutation of FALN, Puerto Rican nationalists

O Pardons can be refused O Burdick v US 1915 O Acceptance of pardon – acknowledgement of crime O Biddle v Petrovick 1927 O Commute death sentence O Refused to accept O SC ruled imposed w/o consent

O US v Noonan 1990 O Pardoned punishment, not conviction O Offender not considered innocent, conviction not expunged

O Make Treaties O Power to negotiate O Senate can modify and 2/3 vote to confirm O Ratifies ~ 70% - Panama Canal (Carter) NAFTA (Clinton) O Rejections: Treaty of Versailles, League of Nations, Kyoto Agreements

Power of the Pres. O Framers believed EX. would take direction from Leg. O FDR increased power of Pres. O Grant of power – New Deal O Personalized Presidency – Fireside Chats

O Executive Order orders/disposition.html orders/disposition.html O AII S1 C1 – vests President with entire executive power O Fed #70 – energy in the ex. O Full force of the law O Executive Privilege O Pres. not have share certain info with Congress or Judiciary O U.S. v Nixon 1974

O Implied power O Keeps communications between pres. and advisors private O Separation of powers O Keeps one branch from inquiring into the internal working of another

O Executive Agreement O Usually treaties, no Senate approval (speedy resolution) O Not binding on next admin. (addresses crisis) O Legally binding under international law O Not legally binding under US law – no Senate approval

O Pres. Authority as Commander in Chief on foreign policy O Case Act 1972 O Requires all ex. Agreements be transmitted w/in 60 days O Senate Foreign Relations Committee: classified info

O Line-Item Veto 1996 O Veto spending portions of bills O Clinton et. al. v. City of New York et. al O Constitution does not allow pres. To cancel specific items in tax & spending measures O Separation of Powers

O Signing statement O Executive’s interpretation of signed legislation O May include what may or may not be done regarding enforcement O OLC- Office of Legal Counsel O Mini Supreme Court in the ex.

Enhancing Presidential Powers O bh/pages/frontline/che ney/ bh/pages/frontline/che ney/

Amendments limiting Presidential Power O 12 th O 20 th O 22 nd O 25 th