Powers of the President

The Powers of the President Expressed Powers - Constitutional Powers (Article II) - Have a basis in the Constitution (Example: grant pardons) - Statutory Powers - Established by Congressional law or statute (Example: declare national emergencies)

The Powers of the President INHERENT POWERS- ambiguous clauses in the Constitution - depend on statements like “executive power shall be vested in a president” and “take care that the laws be faithfully executed” (Example – emergency powers invoked by the president during times of war ) Greatest source of power lies in politics and public opinion Increase in congressional grants of broad statutory authority, especially since the 1930’s Expectation of presidential leadership from the public

Powers of the President Alone “Take care that the laws be faithfully executed”: executive power Commander in Chief Commission officers of the armed forces Grant reprieves and pardons Convene Congress in special sessions Receive ambassadors Appoint officials

Powers shared between President and Senate Make treaties Appoint ambassadors, judges, and high officials

Powers shared between the President and Congress Approve legislation

Ceremonial Duties as Head of State Decorating war heroes Throwing out the first ball to open baseball season Receiving visiting heads of state at the White House Going on official visits to other countries Represent the country in times of national mourning (after 9/11, the Columbia disaster, Hurricane Katrina, etc.)

Executive Orders – the President’s Legislative Power Have the force of law Can enforce legislative statutes, enforce the Constitution or treaties with foreign nations, and/or establish rules and practices of executive administrative agencies Only requirement: must be published in The Federal Register

The Power to Persuade President can use the office’s national constituency and ceremonial duties to enlarge his power 3 Main Audiences: Fellow politicians and Washington leaders Party activists and people outside Washington Various publics Presidents make fewer impromptu remarks and rely more on prepared speeches (taking advantages of the bully pulpit)

Popularity and Influence Presidential coattails have had a declining effect for years and are minimal today (remember: pres and congress elections insulated from each other) Pres. tries to transform popularity into congressional support for programs But popularity is affected by factors outside the president’s control, so not always easy (scandals, 9/11, etc) Still, to avoid political risk of opposing a popular president, Congress will pass more of their proposals Popularity always highest after an election and declines by midterm Graph in textbook pages

The Power to Say No Veto Veto message sent within ten days of bill’s passage Pocket veto an option No more line-item veto (1996 reform, Supreme Court ruled unconstitutional) Executive Privilege Confidential communications between the president and advisers need not be disclosed Justification: Separation of powers and the need for candid advice U.S. v. Nixon (1973) rejected claim of absolute executive privilege Clinton/Paula Jones episode greatly weakened number of officials with whom the pres can speak in confidence

The Power to Say No Impoundment of Funds Presidential refusal to spend funds appropriated by Congress Nixon impoundments countered by Budget Reform Act 1974 Requires president to notify Congress of funds he does not intend to spend Congress must agree in 45 days to delete the item Requires president to notify Congress of delays in spending Congress may pass resolution refusing the delay and requiring immediate release of funds