Powers of POTUS The President

What powers does the president have? Presidency intro What powers does the president have?

Formal Powers The President

Constitutional Powers Presidency Constitutional Powers Executive Powers Has power to carry out the law He can issue rules, regulations and instructions for govt agencies He prepares a draft and has final say over the budget passed by Congress

Constitutional Powers Presidency Constitutional Powers Legislative Powers Recommend legislation to Congress Convene special sessions of Congress Adjourn Congress Sign legislation into law Veto legislation passed by Congress

Constitutional Powers Presidency Constitutional Powers Judicial Powers Appoint all Supreme Court justices Appoint all federal judges Grant pardons and amnesty Issue reprieves or commutations

Constitutional Powers Presidency Constitutional Powers National Security Powers Enter into treaties with other nations Appoint ambassadors Diplomatic recognition – receiving ambassadors Commander in chief of the armed forces

Constitutional Powers Presidency Constitutional Powers Administrative Powers Appoint heads of all Cabinet Departments Request written opinions of administrative officials Appoint officials to the bureaucracy “take care that the laws be faithfully executed”

Checks on Legislative Branch The President

Presidency Checks Veto The veto is his most effective check The threat of a veto is enough to consider the president’s views He can veto spending bills that include things he doesn’t like, forcing Congress to pass a version he likes. Congress will rarely have the votes to override the president’s veto. Less than 4% of all vetoes have ever been overridden

Presidency Checks Vice President Salary The Vice President is the president of the Senate The VP gets to vote to break a tie and will vote according to the president’s wishes The VP can serve as presiding officer of the Senate Salary Since POTUS’s salary cannot be changed, Congress has little influence over presidential decision making.

Presidency Checks Commander in Chief Recess Appointments Congress may declare war, but the president runs the military He is able to use the military without a formal declaration of war He could refuse to use the military in a war declared by Congress. Recess Appointments The president can fill offices of the govt without Senate approval when the Senate is not in session. (This isn’t that important anymore)

Presidency Checks Call or adjourn Congress Can call Congress in for a special session Can adjourn Congress if H&S don’t agree on when to adjourn This allows the president to dictate what Congress does to a degree. “Get here and do this” or “If you won’t do this, go home” Adjourning has never been used and special sessions are not necessary anymore because of easy travel.

Checks on Judicial Branch The President

Presidency Checks Appoint Judges The president appoints all federal judges for life. SCOTUS justices are very high profile appointments District level judges do not get much public attention All federal judge appointments must be approved by the Senate.

Presidency Checks Pardon Power The president can pardon anyone for any federal crime Pardon means forgive from punishment for an individual Amnesty is a blanket pardon for a group of people who broke the same law Commutation means the president can shorten a person’s sentence

Presidency Checks Implementation The president is responsible for translating court decisions into govt action If he ignores the court ruling, the ruling does not really matter. Presidents prior to Truman ignored the SCOTUS when they limited the president’s power

Checks on the President

Presidency Limits Impeachment Override Veto Congress can impeach the president for crimes The House impeaches and the Senate holds a trial Override Veto If 2/3 of both houses vote to, a presidential veto can be overridden

Presidency Limits Advice & Consent Senate approval is necessary for a variety of presidential actions All treaties must be ratified by Senate vote Must approve all ambassadors Senate approves all Cabinet level appointments and the heads of some regulatory agencies

Congress controls the federal government’s spending. Presidency Limits Power of the Purse Congress controls the federal government’s spending. IF they disagree with a presidential action, they can refuse to fund it. They actually write the budget from the president’s recommendation – so they can make changes IF the president and Congress cannot agree on a budget, the government is “shut down” – all non-essential functions are temporarily stopped until they agree

Executive Privilege The President

Presidency Executive Privilege Executive Privilege The president has the ability to withhold information from the public, Congress, and courts if it’s about national security This extends to other members of the executive branch They can resist subpoenas to testify or present evidence The Supreme Court has said this is part of the separation of powers

Presidency Executive Privilege Executive Privilege The president & his staff do not have to reveal details of meetings or conversations They don’t have to reveal ALL of the information they know about events IF they didn’t have this privilege, they wouldn’t be able to have open conversations – people would always be afraid of testifying

Presidency Oversight Oversight Congress has the task of making sure the executive branch is operating appropriately They hold hearings to investigate the actions of members of the bureaucracy They can subpoena evidence or make people testify under oath This is a legislative check over the executive Executive privilege would be an executive check on this power

Presidency Oversight United States V. Nixon During the Watergate investigation, it was revealed that Nixon had recorded all of his conversations in the Oval Office Congress tried to make him turn these tapes over, but he refused The SC ruled that this was not covered as part of executive privilege The withholding of information must be for national security purposes

Bigly Ideas Beliefs & Behaviors

Constitutional Powers Presidency Wrap Up Constitutional Powers Checks on Congress Limits on POTUS Executive Privilege Focus on these things: