The Presidency in Action Ch. 14

Article II, the Constitution’s Executive Article, begins this way: “The executive power shall be vested in a President of the United States of America.” This establishes Presidential power, albeit somewhat broadly…

Why Presidential Power Has Grown The champions of a stronger presidency have almost always prevailed. Increasingly complex social and economic life… Congress has passed laws and expanded the role of the Federal Government. The ability to use the mass media as aids in gathering and holding public attention.

In groups of 3 or four Read Article II of the Constitution. After doing so, discuss as a group what powers-if any- are implied. Make a list of powers you believe are implied. If you do not think there are implied powers, explain why not.

The Presidential View The nature of the presidency depends on how each President views the office and exercises its powers. Two Views: 1.) Broad view of their powers, or 2.) Cannot exercise any power not specifically granted to them.

What is your view on the presidency and its powers Read the two excerpts and decide which view you agree with and create arguments to support your view

The Executive Powers 1.) Executing the Law As chief executive, the President executes the provisions of federal law. 2.) The Ordinance Power Ordinance power: power to issue executive orders. Executive order: directive, rule, or regulation that has the effect of law.

3.) The Appointment Power With Senate consent, the President names most of the top-ranking officers of the Federal Government, including: (1) ambassadors and other diplomats; (2) Cabinet members and their top aides; (3) the heads of such independent agencies as the EPA and NASA; (4) all federal judges, attorneys, and U.S. marshals; (5) all officers in the armed forces.

4.) The Removal Power The Historical Debate Can the President remove appointees without the consent of the Senate? The view that the President can has prevailed over time. In general, the President may remove any appointees except federal judges.

Diplomatic and Military Powers 1.) The Power to Make Treaties Treaty: formal agreement between two or more sovereign states. The President, usually through the Secretary of State, negotiates treaties. All treaties must pass approval by 2/3 of the members present in the Senate.

2.) Executive Agreements Pacts between the President and the head of a foreign state. Unlike treaties, executive agreements do not require Senate consent.

3.) The Power of Recognition When the President, acting for the United States, acknowledges the legal existence of another sovereign state. The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country. The official is declared to be persona non grata, or an unwelcome person.

4.) Commander in Chief The Constitution makes the President the commander in chief of the nation’s armed forces. Making Undeclared War Many Presidents have used the armed forces abroad without a declaration of war. Wartime Powers The President’s powers as commander in chief are far greater during a war than they are in normal times. The War Powers Resolution The War Powers Resolution of 1973 limits the President’s war-making powers.

Legislative and Judicial Powers 1.) Recommending Legislation State of the Union Address. “Message power.” 2.) The Veto Power All legislation passed by Congress is sent to the President for approval. If the President disapproves of a bill, he can veto it. 3.) Calling a Special Session The President can call a Congress into special session to address a pressing matter.

Presidential vetoes FDR 372 263 635 9 Truman 180 70 250 12 regular vetoes Pocket vetoes Total overrides FDR 372 263 635 9 Truman 180 70 250 12 Eisenhower 73 108 181 2 JFK 12 9 21 0 LBJ 16 14 30 0 Nixon 26 14 40 7 Ford 48 18 66 12 Carter 13 18 31 2 Reagan 39 39 78 9 GHBush 29 15 44 1 Clinton 36 1 37 2 GWBush 11 1 12 4 Obama 2 0 2 0

Judicial Powers President may “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1 Reprieve: postponement of the execution of a sentence. Pardon: legal forgiveness for a crime. These powers of clemency (mercy or leniency) may be used only in cases of federal crimes.

The President’s Cabinet Cabinet (or Executive) Departments, are the traditional units of federal administration. Each department is headed by a Secretary, except for the Department of Justice, which is headed by the Attorney General. The Cabinet is an informal advisory body brought together by the President to serve his needs. Cabinet members serve as both head of their respective departments and as advisors to the President. The President appoints the head of each of the executive departments, which are then subject to Senate approval.

Pen Pal Suppose you have been asked by a pen pal from another country to explain how the electoral college works. Consider: Ways the popular vote affects the electoral vote How the president is elected based on the electoral vote Flaws in the system 25 pts

Form into pairs! (1) Read about two Executive Depts. (Handouts and/or on p. 426-427) (2) Write a brief summary to present to class. (3) During presentations fill in the Cabinet Table. (4) Compete for fabulous cash and prizes! (Okay, no cash or prizes but it is worth points.)