Powers of the Presidency Executive Article – “the executive power shall be vested in a president of the United States of America.” Few powers are truly explained in the Constitution Continual argument about the relative strength of the executive and legislature

Powers of the Presidency Why Presidential Power has Grown Unit of the office versus the divided nature of Congress Increased complexity of social and economic life Need for decisive action in times of emergency Congress has granted a great number of power to the executive President has a unique means, the mass media, of gaining support

Powers of the Presidency The Presidential View Broad view of powers – a president may do whatever is needed to benefit the nation unless it is strictly forbidden Narrow view of powers – a president may only use power specified by the Constitution or by acts of congress Critics of strong presidents call them imperial presidents

Powers of the Presidency Imperial presidency Emperor like, taking strong actions without consulting congress , or even acting in secrecy to evade Congress Executive Power The President has to enforce, administer or carry out the laws.

Powers of the Presidency The executive powers come from two places: The oath of office – sworn by the President on the day he takes office Constitutional command that says, “he shall take care that the laws be faithfully executed.” The power to execute laws covers all federal laws Because the President/executive branch enforces the law, they have some say in interpreting the laws. Congress passes broad laws; the executive branch fills in the specific details.

Powers of the Presidency Ordinance Power An executive order is a directive or regulation that has the effect of law The power for the President to do this is called ordinance power, it comes from two sources: The Constitution – powers implied in order for the President to carry out his duties Acts of Congress – because the complexity of government has grown over time, Congress has given the executive branch more power

Powers of the Presidency The Appointment Power With majority Senate consent, the President gets to name people to fill these positions: Ambassadors and diplomats Cabinet members and top aides The heads of independent agencies such as the Environmental Protection Agency and NASA All federal judges, US marshals and attorneys All officers in the armed forces

Powers of the Presidency The Removal Power The first Congress gave removal power to the President In general, the President may remove those people whom he appointed

Powers of the Presidency Power to Make Treaties Treaty – a formal agreement between two or more sovereign states. The President negotiates treaties, usually through the Secretary of State The Senate must approve with a 2/3 vote of members present Treaties have the same force as laws, and can be repealed with a law passed by Congress When a law and a treaty conflict, the one passed most recently is considered the law

Powers of the Presidency Executive agreements– a pact between the President and the head of a foreign state The Power of Recognition Recognition – when the President recognizes representatives from another nation. This acknowledges the legal existence of that state. Recognition can be used as a weapon in foreign relations Prompt recognition can guarantee the life of a new nation, such as Panama or Israel Presidents can show their displeasure with other nations by asking for the recall of that country’s ambassadors. The people then become known as personas non grata (unwelcome people)

Powers of the Presidency Commander in Chief The President has control of the armed forces and Congress has little power of his actions Presidents can make wars without an official declaration of war from Congress. Ex – Vietnam, Korea, Persian Gulf, the former Yugoslavia, etc. The President is given more powers during wartime when needed (ex – rationing, calling up state militias)

Powers of the Presidency War Powers Resolution Congressional limits placed on the President’s war making abilities came about with the War Powers Resolution of 1973, which came out of the unpopular period of the Vietnam War. President Nixon vetoed the measure, but it was overridden The War Powers Act stated: Within 48 hours after committing American forces, the President must report to Congress Combat commitment must end in 60 days, unless Congress agrees to a longer period. That time may be extended 30 days for the safe withdrawal of troops. Congress may end the combat commitment at anytime by passing a concurrent resolution