1. The Presidential Powers
Chapter 14, Sections 2-4

2. State Standards
4.2A Identify constitutional qualifications for holding public office, the terms of office, and the expressed powers delegated to each branch of the national government including the numbers of members comprising the United States Congress and United States Supreme Court
4.2D Explain why certain provisions in the United States Constitution result in tensions among the three branches, and evaluate how the functions of the national government have changed over time through executive actions and judicial interpretations of the necessary and proper clause.

3. Objectives
Student will understand the sources of the President’s power to execute federal law, the ordinance power, the appointment power, the removal power, and executive privilege, as well as diplomatic, military, legislative, and judicial powers of the President; and give examples of each.

4. Outcomes
Through creation and presentation of descriptive and illustrated posters, students will identify and describe nine presidential powers and give examples of each.

5. Review And Preview
List three roles of the President we studied in class. Do you know any of the specific powers of the President that he/she needs to fulfill those roles?

6. The Growth of Presidential Power
“the most powerful office in the world”
Article II, Executive Article: very loosely written, more like an outline, very broad
Why has presidential power expanded over the years?
Only one president
Strong presidents
We have asked for more leadership as life has become more complex
More laws passed by Congress has delegated more authority/leadership to the President
Staff support
Use of media

7. What have Presidents thought?
Limits to Growth?
Restraints on power in Constitution, Exs: Truman’s Korean War steel issue and Bush’s military tribunals for terrorists
What have Presidents thought?
Theodore Roosevelt’s Stewardship Theory
Taft had opposite view
“Imperial Presidency”

8. Presidential Power Posters
You and a partner will create a poster describing and illustrating one of nine presidential powers described in the text, pages
Create a poster which covers the topic of your presidential power by providing a definition and description of the power as well as many examples, uses graphics (pictures, illustrations) to make the power easier to understand, is organized, is well designed, and contains no mechanical errors. (See rubric.)
When completed, you and your partner will teach the class about your assigned presidential power by presenting your poster to the class. (See rubric.)

9. 1. Power to Execute the Law
2. Ordinance Power
3. Appointment Power
4. Removal Power
5. Executive Privilege
6. Diplomatic Powers (Chief Diplomat)
7. Military Powers (Commander in Chief)
8. Legislative Powers
9. Judicial Powers

10. Power to Execute the Law
The President executes and interprets the law of the land. The President enforces and carries out all federal laws. This authority comes from two sources:
The oath of office, which requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution.”
The constitutional requirement that the President “take Care that the Laws be faithfully executed.”
Congress passes many laws that set out broad policies, but do not include specific details for enforcement. The President and other members of the executive branch must decide how these laws should be administered and enforced. To do so, they must often interpret the intent of these laws.

11. 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.

12. Appointment Power
The Constitution grants the President appointment power, the ability to appoint some federal officials.
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.
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

13. These appointments must be a approved by a majority vote of the Senate
The president can make recess appointments to fill vacancies when the Senate is not in session.
These appointments expire at the end of the congressional term they were made.
They are controversial because they allow the President to bypass the Senate confirmation process.

14. Removal Power
The Constitution does not say how appointed officers should be removed.
Some politicians wanted Senate approval for removals as well as appointments.
Others argued that the President must have the power to remove incompetent appointees.
The First Congress gave the President the power to remove any appointed officer except for federal judges.

15. In 1926, the Supreme Court ruled that the removal power was a key part of the President’s authority to execute the laws.
In 1935, the Court ruled Congress can set the conditions under which members of independent regulatory agencies, such as the Federal Trade Commission, may be removed from office.
This ruling applies only to a small number of appointed offices.
In general, the President can remove whomever they appoint.

16. 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.
United States v. Nixon: 1974, although the President might legitimately claim executive privilege in matters involving national security, that privilege cannot be used to prevent evidence from being heard in a criminal proceeding.

17. Diplomatic Powers
The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role:
The President is the commander in chief of the nation’s armed forces.
The President, usually acting through the secretary of state, negotiates treaties with foreign nations.
Treaties: formal agreement between two sovereign states
Treaties have the same legal status as an act of Congress.
Congress can repeal a treaty by passing a law that nullifies its provisions.
An existing law can be repealed by the terms of a treaty.
A treaty cannot conflict with any part of the Constitution.
If a treaty and a federal law conflict, the most recently passed measure wins.

18. A two-thirds majority of the Senate must approve all treaties before they go into effect.
This gives the Senate an important role in shaping U.S. foreign policy.
A Senate minority can kill a treaty. In 1920 the Senate rejected the Treaty of Versailles.
Presidents John Tyler and William McKinley each overcame Senate rejections of treaties by getting joint resolutions passed to annex Texas and Hawaii, respectively. (2/3 v. simple majority)

19. Executive Agreements: pact between the President and the head of a foreign state
Presidents can make executive agreements without Senate approval.
These agreements cannot overrule state or federal law.
Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.

20. The President recognizes the legal status of other nations on behalf of the United States---power of recognition.
Countries usually recognize each other by exchanging diplomatic representatives.
Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.
Recognizing a new nation, such as Panama or Israel, can help ensure its success.
Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war. Persona non grata

21. Military Powers
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.
It is difficult for Congress to challenge many presidential command decisions.
Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war.

22. Congress has not declared war since World War II
Congress has not declared war since World War II. However, Congress has passed eight joint resolutions authorizing the President to use military force abroad.
At times Presidents have sought Congressional approval for the use of military force, while other times they have not.

23. The results of the undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.
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.

24. Legislative Powers
How can the President check the actions of the legislative and judicial branches?
By using the message power to influence Congress to pass desired legislation
By vetoing bills passed by Congress
By issuing signing statements
By pardoning citizens accused or convicted of crimes
By reducing fines or the length of sentences
By granting amnesty to groups of pe

25. 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

26. In response, the President can:
Every bill or measure requiring the consent of both House and Senate must be submitted to the President.
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.
Congress can override a veto with a two-thirds majority, but this rarely happens.

27. Signing statements describe how a new law should be enforced or point out problems that the President sees with the law. Presidents may issue signing statements when signing a bill into law.
No Line-item Veto: The President can either accept all of a bill or reject all of it. The Supreme Court has ruled that the line-item veto power can only be given to the President by a constitutional amendment.
President can call a special session of Congress or prorogue (adjourn) Congress.

28. 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.
A person must accept a pardon for it to go into effect.
The President can commute, or reduce, a fine or prison sentence.
The President can also issue a blanket amnesty that pardons a group of people.

29. Ticket Out
After listening to the presentations, which power of the president do you think is the most important? Explain.