Ch. 14 Where Does the President’s Power Come From? Article II of the Constitution – Article II of the Constitution – Vaguely written and loosely interpreted Vaguely written and loosely interpreted

The “Imperial Presidency” President’s power is always growing, never shrinking President’s power is always growing, never shrinking Reasons: Reasons: POTUS doesn’t argue with himself like Congress or the Courts POTUS doesn’t argue with himself like Congress or the Courts

The “Imperial Presidency” Reasons: Reasons: Life’s complexities & people look to the President to fix problems Life’s complexities & people look to the President to fix problems

The “Imperial Presidency” 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” Reasons: Reasons: Congress creates new programs, commissions, or agencies which executive branch must oversee Congress creates new programs, commissions, or agencies which executive branch must oversee

The “Imperial Presidency” Reasons: Reasons: President can use mass media to attract attention President can use mass media to attract attention

Types of Powers Expressed Powers – spelled out in the Constitution Expressed Powers – spelled out in the Constitution Ex. – “The President shall be commander-in-chief of the Army and Navy of the United States” – Article II, Section 2 Ex. – “The President shall be commander-in-chief of the Army and Navy of the United States” – Article II, Section 2

Types of Powers Implied Powers – reasonably derived from expressed powers Implied Powers – reasonably derived from expressed powers Ex. - When Air Force and Marines were created, control was implied to belong to the president Ex. - When Air Force and Marines were created, control was implied to belong to the president

Executive Powers Power to Execute the Law Power to Execute the Law Expressed in the Oath of Office Expressed in the Oath of Office Gives him power over all federal laws passed by Congress Gives him power over all federal laws passed by Congress

Executive Powers The Ordinance Power The Ordinance Power Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law

POTUS Executive Orders JFK5 JFK5 LBJ4 LBJ4 Nixon1 Nixon1 Ford3 Ford3 Carter3 Carter3 Reagan5 Reagan5 GHW Bush3 GHW Bush3 Clinton15 Clinton15 GW Bush290 GW Bush290 Obama166 Obama166 I want my way

Executive Powers The Appointment Power The Appointment Power Gives him power to appoint: Gives him power to appoint: Ambassadors & diplomats Ambassadors & diplomats Cabinet members Cabinet members Heads of agencies Heads of agencies Judges & U.S. Attorneys Judges & U.S. Attorneys Officers in the armed forces Officers in the armed forces

Executive Powers The Removal Power The Removal 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

President can kick diplomats out, declaring them persona non grata President can kick diplomats out, declaring them persona non grata Foreign Relations Powers

Legislative Powers Power to propose laws Power to propose laws The State of the Union Address, where the President must inform the nation once a year of our present situation 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 Judicial Powers

What Determines Whether a President is Effective or Not? Read only Richard Neustadt’s Theory of Presidential Power: Richard Neustadt’s 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

Neustadt’s 5 Constituencies read only The Public The Public His Party His Party The Bureaucracy (Agencies) The Bureaucracy (Agencies) 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

Neustadt’s 5 Constituencies read only 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