Where Does the Presidents Power Come From? Article II of the Constitution – called the Executive Article Article II of the Constitution – called the Executive Article Most vaguely written and loosely interpreted Article of the Constitution Most vaguely written and loosely interpreted Article of the Constitution

The Imperial Presidency Presidents power is always growing, never shrinking Presidents power is always growing, never shrinking Reasons: Reasons: President is one person – doesnt argue with himself like Congress or the Courts President is one person – doesnt argue with himself like Congress or the Courts

The Imperial Presidency Presidents power is always growing, never shrinking Presidents power is always growing, never shrinking Reasons: Reasons: Life in America gets more complicated, people look to the President to fix problems Life in America gets more complicated, people look to the President to fix problems

The Imperial Presidency Presidents power is always growing, never shrinking Presidents power is always growing, never shrinking Reasons: Reasons: National emergencies require someone to act quickly, which only the President can do National emergencies require someone to act quickly, which only the President can do

The Imperial Presidency Presidents power is always growing, never shrinking Presidents power is always growing, never shrinking Reasons: Reasons: Congress creates new programs, which executive branch must oversee Congress creates new programs, which executive branch must oversee

The Imperial Presidency Presidents power is always growing, never shrinking Presidents power is always growing, never shrinking Reasons: Reasons: President can use mass media to attract attention like no one else in government President can use mass media to attract attention like no one else in government

Types of Powers Expressed Powers – clearly written, spelled out in black and white in the Constitution Expressed Powers – clearly written, spelled out in black and white in the Constitution Ex. – He shall have the power with the advise and consent of the Senate... to appoint ambassadors... etc. (Article II, Section 2) Ex. – He shall have the power with the advise and consent of the Senate... to appoint ambassadors... etc. (Article II, Section 2)

Types of Powers Implied Powers – not written in the Constitution, but reasonably derived from expressed powers Implied Powers – not written in the Constitution, but reasonably derived from expressed powers Ex. – Removal power isnt specifically mentioned, but implied since he appoints executive branch officials Ex. – Removal power isnt specifically mentioned, but implied since he appoints executive branch officials

Executive Powers Power to Execute the Law Power to Execute the Law Expressed in the Oath of Office, also at the end of Article II Expressed in the Oath of Office, also at the end of Article II Gives him power to implement all federal laws passed by Congress Gives him power to implement all federal laws passed by Congress

Executive Powers The Ordinance Power The Ordinance Power Implied from power to execute the law Implied from power to execute the law Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law (without Congresss approval) Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law (without Congresss approval)

Executive Powers The Appointment Power The Appointment Power Expressed in Article II, Sec. 2 Expressed in Article II, Sec. 2 Gives him power to appoint: Gives him power to appoint: Ambassadors and diplomats Ambassadors and diplomats Cabinet members Cabinet members Heads of agencies Heads of agencies Judges and U.S. Attorneys Judges and U.S. Attorneys Officers in the armed forces Officers in the armed forces

Executive Powers The Removal Power The Removal Power Implied from Presidents Appointment Power Implied from Presidents Appointment Power Gives him power to dismiss anyone he appointed Gives him power to dismiss anyone he appointed But not judges! But not judges!

Foreign Relations Powers Power to make treaties Power to make treaties President negotiates, Senate approves with a 2/3 vote President negotiates, Senate approves with a 2/3 vote

Foreign Relations Powers Power to make executive agreements Power to make executive agreements Like treaties, but without Senate approval Like treaties, but without Senate approval

Foreign Relations Powers Power of Recognition Power of Recognition Acknowledgement of legal existence of a country or government Acknowledgement of legal existence of a country or government Countries that recognize one another trade diplomats Countries that recognize one another trade diplomats President can kick diplomats out, declaring them persona non grata President can kick diplomats out, declaring them persona non grata

Legislative Powers Power to propose laws Power to propose laws Not really expressed or implied, he just can do it since hes so closely watched Not really expressed or implied, he just can do it since hes so closely watched Best time to propose new laws – the State of the Union Address, where the President must inform the nation once a year of our present situation Best time to propose new laws – the State of the Union Address, where the President must inform the nation once a year of our present situation

Judicial Powers Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!) Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!) Reprieve – postpone a sentence Reprieve – postpone a sentence Pardon – forgive a crime Pardon – forgive a crime Commutation – shortening a sentence Commutation – shortening a sentence Amnesty – forgiveness for a large group of lawbreakers Amnesty – forgiveness for a large group of lawbreakers

What Determines Whether a President is Effective or Not? Richard Neustadts Theory of Presidential Power: Richard Neustadts Theory of Presidential Power: The power of the presidency is determined by his ability to persuade 5 constituencies of people The power of the presidency is determined by his ability to persuade 5 constituencies of people

Neustadts 5 Constituencies The Public The Public His Party His Party The Bureaucracy The Bureaucracy Congress Congress Foreign Nations Foreign Nations Neustadt rates presidents based on how they do with each of these groups Neustadt rates presidents based on how they do with each of these groups

Neustadts 5 Constituencies The important thing in Neustadt Ratings is not how often you get what you want The important thing in Neustadt Ratings is not how often you get what you want It is how often you take steps to improve your chances of getting what you want in the future It is how often you take steps to improve your chances of getting what you want in the future