The Presidency in Action

The Changing View of Presidential Power

Why Power Has Grown The Presidency is in the hands of one person, rather than many, and many Presidents have worked to expand the powers of the office The Presidency is in the hands of one person, rather than many, and many Presidents have worked to expand the powers of the office As the country grew and industrialized, especially in times of emergency, people demanded that the Federal Government play a larger role and looked to the President for leadership As the country grew and industrialized, especially in times of emergency, people demanded that the Federal Government play a larger role and looked to the President for leadership

Why Power Has Grown Congress has delegated much authority to the President Congress has delegated much authority to the President Presidents have the attention and respect of the press, the public, and their own party Presidents have the attention and respect of the press, the public, and their own party  Huge staff of the President  Attract and hold the public’s attention  Use of the media

How Presidents Have Viewed Their Power Stronger and more effective Presidents have taken a broad view of the powers of the office Stronger and more effective Presidents have taken a broad view of the powers of the office  Teddy Roosevelt Other Presidents have viewed a strong executive as a threat to liberty, and have interpreted the powers of the office narrowly Other Presidents have viewed a strong executive as a threat to liberty, and have interpreted the powers of the office narrowly  William Howard Taft

The President’s Executive Powers

Executing the Law The President is responsible for carrying out the nation’s laws The President is responsible for carrying out the nation’s laws  Oath of office of the President  Article II Section 3

Executing the Law The President must carry out laws with which he or she disagrees, but he or she has some discretion in interpreting the laws and deciding how vigorously they will be enforced The President must carry out laws with which he or she disagrees, but he or she has some discretion in interpreting the laws and deciding how vigorously they will be enforced  Laws are broadly written  Specific details left to Executive Branch

The Ordinance Power The bureaucracy of the executive branch is under the authority of the President The bureaucracy of the executive branch is under the authority of the President The President has the authority to issue executive orders, which have the force of law The President has the authority to issue executive orders, which have the force of law Executive orders are necessary to the functioning of the executive branch Executive orders are necessary to the functioning of the executive branch

The Appointing Power The President may appoint a handful of officials on his or her own authority The President may appoint a handful of officials on his or her own authority Most of the important officers appointed by the President, including ambassadors, judges, and cabinet members, must be approved by the Senate Most of the important officers appointed by the President, including ambassadors, judges, and cabinet members, must be approved by the Senate

The Appointing Power Well over half of the officials in the federal work force are selected through civil service examinations, and thus are not under the control of the President Well over half of the officials in the federal work force are selected through civil service examinations, and thus are not under the control of the President

The Removal Power Historically, there has been disagreement over whether the President has the power to remove at will persons whom he or she has appointed with the consent of the Senate Historically, there has been disagreement over whether the President has the power to remove at will persons whom he or she has appointed with the consent of the Senate The President’s power to remove people from office has generally been upheld by Congress The President’s power to remove people from office has generally been upheld by Congress

The Removal Power Exceptions are federal judges and members of independent regulatory agencies Exceptions are federal judges and members of independent regulatory agencies

Executive Privilege Const. gives President inherent powers to disclose certain info to Congress or the federal courts. Const. gives President inherent powers to disclose certain info to Congress or the federal courts.  Usually communication between President and Advisors

The Diplomatic and Military Powers

Power To Make Treaties Usually acting through the Secretary of State, the President may negotiate treaties, or international agreements Usually acting through the Secretary of State, the President may negotiate treaties, or international agreements The Senate must approve treaties by a two- thirds vote before they become law The Senate must approve treaties by a two- thirds vote before they become law A small minority in the Senate has sometimes been sufficient to block approval of a treaty A small minority in the Senate has sometimes been sufficient to block approval of a treaty

Executive Agreements Today, most routine international agreements are made by executive agreement – pacts between the President and the leaders of foreign countries Today, most routine international agreements are made by executive agreement – pacts between the President and the leaders of foreign countries Executive agreements do not require Senate approval Executive agreements do not require Senate approval

Power of Recognition Presidents have the power to recognize, or acknowledge the legal existence of a country Presidents have the power to recognize, or acknowledge the legal existence of a country Diplomatic recognition is a powerful weapon because recognition – or the lack of it – often determines a new government’s future Diplomatic recognition is a powerful weapon because recognition – or the lack of it – often determines a new government’s future

The President’s Dominant Role in Military Affairs The President shares the war powers with Congress but has almost no limits on his or her role as commander-in-chief The President shares the war powers with Congress but has almost no limits on his or her role as commander-in-chief Presidents usually delegate much of their command authority to military subordinates while retaining final authority in military matters Presidents usually delegate much of their command authority to military subordinates while retaining final authority in military matters

The President’s Dominant Role in Military Affairs Only Congress can declare war, but Presidents have often used the military without a formal declaration of war Only Congress can declare war, but Presidents have often used the military without a formal declaration of war There have been numerous undeclared wars in the country’s history, including the Korean and Viet Nam wars There have been numerous undeclared wars in the country’s history, including the Korean and Viet Nam wars

The President’s Dominant Role in Military Affairs In wartime, the President’s powers as commander-in-chief have often been expanded to include non-military matters In wartime, the President’s powers as commander-in-chief have often been expanded to include non-military matters The President may use the armed forces, including State militias, to keep the peace in times of domestic turmoil The President may use the armed forces, including State militias, to keep the peace in times of domestic turmoil

The President’s Dominant Role in Military Affairs In response to the Viet Nam War, Congress passed the war Powers Resolution of 1973 In response to the Viet Nam War, Congress passed the war Powers Resolution of 1973  The Resolution requires the President to inform Congress of any commitment of American troops abroad within 48 hours.  It also requires the President to gain congressional approval if the commitment lasts longer than 60 days

The President’s Dominant Role in Military Affairs  The constitutionality of the War Powers Resolution has been and remains in dispute

The Legislative and Judicial Powers

Legislative Field The President gives the State of the Union address and suggests annual budgets The President gives the State of the Union address and suggests annual budgets The President also recommends specific legislation to Congress The President also recommends specific legislation to Congress The President has the power to veto legislation The President has the power to veto legislation The President may veto a bill outright The President may veto a bill outright

Legislative Field The President may use the pocket veto The President may use the pocket veto The President used to have the power to use the line-item veto The President used to have the power to use the line-item veto The President may call special sessions of Congress The President may call special sessions of Congress The President may also adjourn Congress if the two houses cannot agree on a date for adjournment The President may also adjourn Congress if the two houses cannot agree on a date for adjournment

Judicial Powers The President may grant reprieves and pardons in cases involving federal law The President may grant reprieves and pardons in cases involving federal law  Except in cases of impeachment The President may commute, or reduce, sentences or fines imposed by a court The President may commute, or reduce, sentences or fines imposed by a court The President may grant amnesty, or general pardon, to persons who have violated the law The President may grant amnesty, or general pardon, to persons who have violated the law