1. What is the Presidency and why is it there?
Constitutional Analysis
What is the Presidency and why is it there?
Read Article 2 of the US Constitution. Identify the qualifications/requirements for an individual to become President.
Under the US Constitution, a president must be;
A natural-born US citizen
At least 35 years old
A US resident for at least 14 years

2. Enquiry Question: What constitutional powers does the president have?

3. Learning Objectives
To understand the background of monarchical tyranny
To identify the constitutional powers of the president

4. Pause For Thought Useful Items
List of Presidents (including party and dates)
List of Vice Presidents (including part and dates)
Brief profiles of the Modern Presidents (Truman-GWB)
In-depth profile of BHO (1st and 2nd terms)

5. How would the constitution prevent executive tyranny?
The delegates to the Constitutional Convention of 1787 gave surprisingly little attention to the executive branch of government. 
In contrast to the protracted debates over the powers of Congress, the powers of the president were defined fairly quickly and without much discussion. 
This might in part be due to the reluctance of delegates to offend George Washington, the presiding officer of the Convention, and the man all delegates assumed would be the nation's first president. 
As a result, one can study Madison's Notes of Debates without ever reaching a clear understanding of the scope of the authority the framers intended to give the executive. 
Justice Robert Jackson, commenting on the unclear Convention record, wrote that it was "almost as enigmatic as the dreams Joseph was called upon to interpret for the Pharaoh."

6. How would the constitution prevent executive tyranny?
Despite the lack of attention given to the executive, historian Jack Rakove called the creation of the presidency the framers' "most creative act." 
In Article II of the new Constitution, the framers offered the world something entirely new: a chief executive whose power came from the people rather than heredity or force. 
The Constitution, however, provides little hint that the president would become as power as he has in modern times.  The framers obviously assumed that the legislative branch would be much more influential. 
Madison wrote that it would "rarely if ever happen that the excecutive constituted as ours is proposed to be would have firmness enough to resist the legislature." 
Among the delegates, only Alexander Hamilton strongly advocated an executive with the power to match the monarchs of Europe.

7. How would the constitution prevent executive tyranny?
Over the nation's long history, with only short interruptions, power has flowed increasingly to the Executive Branch. 
The reasons for this are numerous, but include the successful exercise of power by ambitious presidents from Lincoln to the two Roosevelts,  the growth of the administrative state in the 20th century, and the realization that Congress is ill-suited compared to the President to make timely responses to national security threats.

8. “My choice early in life was either to be a piano-player in a whorehouse or a politician. And to tell the truth, there’s hardly any difference.” - President Harry Truman

9. An American Monarch?
However, prominent American political scientist Richard Neustadt (who specialises in the US presidency and has been adviser to several presidents) has argued that presidents are so constrained by the system of checks and balances that they have only ‘the power to persuade’.
Ensuring that the people of the USA would never suffer oppression at the hands of a powerful, unrestrained leader was the central aim of the Founding Fathers when they produced the Constitution.
Yet in modern times, the president of the USA has been routinely described as the most powerful person in the world.
This would suggest that the primary objective of the US constitutional system has not been met.

10. Professor Richard Neustadt
Pause For Thought
Professor Richard Neustadt
American political scientist specializing in the United States presidency. He also served as advisor to several presidents.
“The essence of a President’s persuasive task, with congressmen and everybody else, is to induce them to believe that what he wants of them is what their own appraisal of their own responsibilities requires them to do in their interest, not this.” - Richard Neustadt (1990)

11. Constitutional Analysis
Presidential Power
Read Article 2 of the Constitution. What roles and powers are bestowed on President?
Formal Powers
Informal Resources
Veto
Executive orders
Nominations
Recommendations
Commander-in-Chief
Head of State and Head of Government
Staff in the executive branch
Party ties
Mass media
International contracts
The ‘bully pulpit’

12. Executive Arrangements in 15 democracies
Nation
Head of Government
Head of State
Brazil
President
Canada
Prime Minister
Governor-General
France
Prime Minister and President
Germany
Chancellor
India
Ireland
Israel
Italy
Japan
Monarch
Portugal
Russia
Spain
Sweden UK
USA

13. Roles of the President
These roles are not always clearly stated in the Constitution…so how have they evolved?

14. Roles of the President Head of State Head of Government
The Constitution confers specific powers on the president;
He is commander-in-chief of the armed services (but he cannot declare war)
He negotiates and signs treaties with other countries (although they need to be ratified by the Senate)
He is in charge of diplomatic relations with other countries
He has the power to issue pardons to anyone convicted of a crime
These duties are carried out in most countries by the Head of State, so the president carries this title, although this is not specified in the Constitution.
The Constitution also confers the following two powers on the president;
He is responsible for appointing people to head government departments, subject to confirmation by the Senate.
He can call Congress back into session during a break (recess) at times of national emergency.
These duties are carried out in most countries by the head of the government, so the president carries this title, although again this is no specified in the Constitution.

15. Roles of the President
In addition, as specified in a clause in the Constitution, the president shall ‘from time to time give to Congress information on the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedient’.
As the State of the Union Address is delivered annually at the end of January, the president takes a leading role in shaping national policy for the year.
The president also has the power to veto bills that have been passed by Congress (found in Article 1, Section 7).
Otherwise, the Constitution gives the president the broad responsibility of ensuring that the laws of the USA are ‘faithfully executed’.

16. Roles of the President How are these roles carried out?
From these constitutional origins, the following presidential roles have developed;
How are these roles carried out?
How much power do they really confer on the president?

17. Learning Objectives
To understand the background of monarchical tyranny
To identify the constitutional powers of the president

18. How much political muscle does the president have?
YOUR TASK:
Watch the video clip.
This video looks at the expressed powers of the President of the United States - that is the ones you can find in the Constitution.
From appointing judges and granting pardons, to vetoing laws and acting as the nation’s chief diplomat on foreign policy, the Commander in Chief is a pretty powerful person, but actually not as powerful as you might think.
The Constitution also limits presidential powers to maintain balance among the three branches of government. 

19. The Hunt for Examples
YOUR TASK:
Read the examples of these powers from Barack Obama’s presidency.
You have 15 minutes in which to find examples of as many of these constitutional powers as possible for Trump’s presidency to date.
*Beware that Trump may not have exercised every constitutional power!
Be commander in chief of the Army and Navy when called into service.
Require the opinion of the principal officer in each executive department.
Have power to grand reprieves and pardons.
Make treaties.
Nominate and appoint ambassadors, judges of the Supreme Court and all other officers of the United States.
Fill up all vacancies during the recess of the Senate.
Give to Congress information of the state of the union.
Recommend to their consideration such measures as he shall judge necessary and expedient.
On extraordinary occasions convene both Houses, or either of them.
Receive ambassadors and other public ministers.
Take care that the laws be faithfully executed.
Commission all the officers of the United States.

20. What can the president do?

21. “If the president does it, that means it’s not illegal.”
- Richard Nixon

22. Pause For Thought Executive Power
Executive power is also exercised through a range of mechanisms at the disposal of the President.
Executive Orders Presidential Memoranda Presidential Proclamations National Security Directives Impoundment Signing statements

23. Pause For Thought Executive Orders
A directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority.
Informal in history
Process today
Published in Federal Register, numbered
Legal Authority

24. Presidential Memoranda
Pause For Thought
Presidential Memoranda
Pronouncement directed to executive branch officials
No publication in Federal Register
Below the radar of MCs and media

25. Presidential Proclamations
Pause For Thought
Presidential Proclamations
States a condition, declares law and requires obedience, or recognizes an event. (Also pardons)
Binding on the public.
Published in the Federal Register

26. National Security Directives
Pause For Thought
National Security Directives
Formal declaration to an agency or department head of a presidential national security decision, requiring follow-up.
Designed at the National Security Council
Not published.
Mostly classified.
Problems with small group dynamics, Congress’ exclusion

27. Pause For Thought Impoundment
The president refuses to spend funds appropriated by Congress
Congress has restricted this practice (1974, 1987)
He can only defer spending if:
A “special contingency”
To achieve savings through more efficient operations
He can only propose to permanently rescind funds, but Congress must approve within 45 days

28. Pause For Thought Signing Statements Traditionally innocuous
Since 1980s, provide the president’s interpretation of a law, announce Constitutional limits on implementation of it, or indicate directions about how to administer it.
Since 1986, part of official legislative history
Used as de facto line item veto since Reagan

30. Presidential Memoranda War Powers 15.12.11
Executive Power
Obama Example
Trump Example
Executive Orders
13492 (Guantanamo Bay)
Presidential Memoranda
War Powers
Presidential Proclamations
Wright Brothers Day
National Security Directives
NSPD-9: Combating Terrorism
Impoundment
The Impoundment Control Act of 1974 was passed as Congress felt that President Nixon was abusing his authority to impound the funding of programs he opposed. The Act effectively removed the impoundment power of the president and required him to obtain Congressional approval if he wants to rescind specific government spending. President Nixon signed the Act with little protest because the administration was then embroiled in the Watergate scandal and unwilling to provoke Congress.
Signing statements
Obama Statement on Signing American Recovery and Reinvestment Act 2009

31. Why use executive powers? Why not to use executive powers?
Pause For Thought
Executive Powers
Why use executive powers?
Quick in an emergency situation
Pay debts to important groups without committing many resources
Don’t attract much attention
Signing statements prevent vetoes of complex/end of session legislation
Why not to use executive powers?
Contribute to accumulation of power in executive hands
Make it more difficult for successors to govern
Undermine existing administrative law procedures
Easy for next administration to undo
Closed policymaking process = bad policy?

32. Spotlight: Presidential Veto
While the word "veto" does not appear in the Constitution the power of the President to refuse to sign legislation is clearly outlined in the Constitution: "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law." ---U.S. Constitution, Article I, Section 7, clause 2

33. Spotlight: Presidential Veto
The Framers of the Constitution gave the President the power to veto acts of Congress to prevent the legislative branch from becoming too powerful.
This is an illustration of the separation of powers integral to the U.S. Constitution.
By separating the powers of government into three branches and creating a system of "checks and balances" between them, the Framers hoped to prevent the misuse or abuse of power.
The veto allows the President to "check" the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise.
Congress's power to override the President's veto forms a "balance" between the branches on the lawmaking power.

34. Spotlight: Presidential Veto
The veto power does not give the President the power to amend or alter the content of legislation—the President only has the ability to accept or reject an entire act passed by Congress.
The President, however, can influence and shape legislation by a threat of a veto. By threatening a veto, the President can persuade legislators to alter the content of the bill to be more acceptable to the President.
Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually an act is passed with a simple majority.)
This check prevents the President from blocking an act when significant support for it exists. Two-thirds is a high standard to meet— broad support for an act is needed to reach this threshold.

35. Spotlight: Presidential Veto
The President’s veto power is significant because Congress rarely overrides vetoes—out of 1,484 regular vetoes since 1789, only 7.1%, or 106, have been overridden.
If the President does not sign the bill within ten days it becomes law unless Congress has adjourned.
If Congress adjourns before the President has signed the bill and the President does not want the bill to pass the President may simply fail to sign the bill.
When this happens the bill does not become law (it is essentially vetoed). T
his is referred to as a “pocket veto.” Since Congress cannot vote while in adjournment a pocket veto cannot be overridden.
42% of all Presidential vetoes from have been pocket vetoes.

36. Spotlight: Presidential Veto
YOUR TASK:
Read the article “Presidential Vetoes” to consolidate your understanding of the types of vetoes and how these are used by presidents.
Analyse a facsimile of a 1973 President Richard Nixon veto and the vetoed bill (S. 518) to gain a greater understanding of the veto process.
Identify language within the bill or message as well as other evidence to identify how it satisfies the constitutional requirements of the legislative and veto process.

37. Did this legislation become a public law
Did this legislation become a public law? How does the veto and override process enable the executive and legislative branches to achieve the constitutional principle of “checks and balances” between branches of government? What did the Founders hope to accomplish by including these powers? Could that goal have been reached in a more effective manner? If so, how?

38. How significant is the president’s power of veto?

39. How significant is the president’s power of veto?
the veto was used extensively by earlier presidents, e.g. FDR vetoed a total of 635 bills in total, as means of asserting executive power the veto is now typically used less often;
frequent use may suggest the president has lost control of the agenda, if Congress is willing to pass legislation in defiance of his known wishes, especially if it is controlled by his own party;
the threat of a veto may be more potent in the later stages of a presidency or against a Congress controlled by the opposition party, the veto may be the only way the president has of exerting influence because he has no re-election to consider, a second term president can be unrestrained in his use of the veto to some extent, the veto may have been replaced by the extensive use of ‘signing statements’, which have the effect of a veto but none of the attendant political costs

40. Learning Objectives
To understand the background of monarchical tyranny
To identify the constitutional powers of the president

41. There have been 45 Presidents of the United States.
How many can you name?
0-9 = Poor
10-18 = OK
19-27 = Good
28-36 = Excellent
37+ = Genius!

42. Homework
Application Task: How significant is the President’s power of veto? (15) Flipped Learning Preparation Task: The Presidency in a changing America (McKay p ) Stretch & Challenge Task Several attempts have been made to give the President "line-item veto" power, but all have failed (Congress passed a law in 1996 granting line-item veto power to the President, but the Supreme Court declared it unconstitutional in Clinton v. City of New York, 524 U.S. 417 (1998). Research this power, especially why it has been proposed, the arguments for and against the power, and the results of the court decision. How would this power, if used, affect the legislative process as a whole?