Chapter 14: The Presidency in Action

Article II Article II of the Constitution provides an outline of the President’s power: Command the armed forces Make treaties Approve or veto acts of Congress Send or receive diplomats “Take care that the Laws be faithfully executed.” The presidency has been called the “most powerful office in the world.”

Opposing Views Views of the Presidency Roosevelt supported the “stewardship theory,” arguing that the President should try to do whatever would help the public, using whatever powers could be claimed.

Opposing Views, cont. Taft Theory: Taft felt that Presidents could not simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution. NOTE TO TEACHERS: The above image shows Presidents Theodore Roosevelt and William Howard Taft.

Imperial Presidency In recent years, some critics claim that the presidency has grown too powerful. They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.

Imperial Presidency, cont. Supporters of the imperial presidency argue that the President often needs to act more swiftly than would be possible if he or she had to wait for congressional approval.

The Ordinance Power The President can issue executive orders—rules and regulations that have the force of law. This is called the ordinance power. The President must have this authority in order to use some of the executive powers granted by the Constitution. In addition, Congress has delegated the authority to direct and regulate many legislative policies and programs to the President and the executive branch.

The Appointment Power The Constitution grants the President appointment power, the ability to appoint some federal officials, with consent of the Senate. This power is necessary to ensure that presidential policies are carried out. The President appoints some 3,000 of the 2.7 million federal workers. The majority of the rest are hired according to civil service laws.

Presidential Appointments Presidents appoint top-ranking officials such as: Cabinet members and their top aides Ambassadors and other diplomats The heads of independent agencies All federal judges, U.S. marshals, and attorneys All officers in the U.S. armed forces These appointments must be a approved by a majority vote of the Senate.

The Confirmation Process President Nominates Senate Committee examines nominee Senate votes Either rejected or confirmed. -Usually confirmed.

The Removal Power, cont. The First Congress gave the President the power to remove any appointed officer except for federal judges. Congress tried unsuccessfully to take the removal power away from President Andrew Johnson in 1867.

Executive Privilege At times, Presidents have refused to reveal certain information to Congress or the federal courts. Congress has never officially recognized the right of executive privilege. The President’s advisers and staff must be able to speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly. What is the court’s stand on executive privilege? Answer: The Supreme Court recognizes the right of executive privilege in matters involving national security but does not recognize executive privilege when it is used to prevent evidence from being heard in criminal cases.

Power of Recognition The President recognizes the legal status of other nations on behalf of the United States. Countries usually recognize each other by exchanging diplomatic representatives. NOTE TO TEACHERS: The above image shows Jimmy Carter meeting with Chinese leader Deng Xiaoping.

Commander in Chief Presidents delegate many command decisions to military officers, but Presidents make the most critical decisions and have the authority to take command in the field.

Making Undeclared War Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war or even Congressional Resolution: John Adams had the U.S. Navy fight French warships in 1798. Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup. George H.W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989. Bill Clinton sent troops to the Balkans in the 1990s. George W Bush: Afghanistan and Iraq Answer: By guiding U.S. military policy, by making major tactical and strategic decisions, by committing American forces to military actions abroad without seeking a declaration of war, or in rare occasions by taking command of military forces in the field.

War Powers Act The War Powers Act states that the President can commit military forces to combat only If Congress has declared war, OR If Congress has authorized military action, OR If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.

Legislative Powers As party chief, the President can greatly influence Congress. The President sends messages to Congress to suggests legislation. There are three major messages a year: The State of the Union, delivered to a joint session of Congress. The President’s budget message The Annual Economic Report

Veto Power, cont. In response, the President can: Sign the bill into law Veto the bill Allow the bill to become law by not acting upon it within ten days Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days. President Ford prepares to address the nation about his decision on vetoing a tax cut.

Judicial Powers The President can grant pardons and reprieves in federal cases. The President can pardon people before they have even been tried or convicted, though this is rare. President Gerald Ford famously pardoned former President Nixon in 1974 before Nixon had been tried. https://www.youtube.com/watch?v=_qC2b6ibOK0 .