1. Powers of the Presidency
Executive Article – “the executive power shall be vested in a president of the United States of America.”
Few powers are truly explained in the Constitution
Continual argument about the relative strength of the executive and legislature

2. Powers of the Presidency
Why Presidential Power has Grown
Unit of the office versus the divided nature of Congress
Increased complexity of social and economic life
Need for decisive action in times of emergency
Congress has granted a great number of power to the executive
President has a unique means, the mass media, of gaining support

3. Powers of the Presidency
The Presidential View
Broad view of powers – a president may do whatever is needed to benefit the nation unless it is strictly forbidden
Narrow view of powers – a president may only use power specified by the Constitution or by acts of congress
Critics of strong presidents call them imperial presidents

4. Powers of the Presidency
Imperial presidency
Emperor like, taking strong actions without consulting congress , or even acting in secrecy to evade Congress
Executive Power
The President has to enforce, administer or carry out the laws.

5. Powers of the Presidency
The executive powers come from two places:
The oath of office – sworn by the President on the day he takes office
Constitutional command that says, “he shall take care that the laws be faithfully executed.”
The power to execute laws covers all federal laws
Because the President/executive branch enforces the law, they have some say in interpreting the laws.
Congress passes broad laws; the executive branch fills in the specific details.

6. Powers of the Presidency
Ordinance Power
An executive order is a directive or regulation that has the effect of law
The power for the President to do this is called ordinance power, it comes from two sources:
The Constitution – powers implied in order for the President to carry out his duties
Acts of Congress – because the complexity of government has grown over time, Congress has given the executive branch more power

7. Powers of the Presidency
The Appointment Power
With majority Senate consent, the President gets to name people to fill these positions:
Ambassadors and diplomats
Cabinet members and top aides
The heads of independent agencies such as the Environmental Protection Agency and NASA
All federal judges, US marshals and attorneys
All officers in the armed forces

8. Powers of the Presidency
The Removal Power
The first Congress gave removal power to the President
In general, the President may remove those people whom he appointed

9. Powers of the Presidency
Power to Make Treaties
Treaty – a formal agreement between two or more sovereign states.
The President negotiates treaties, usually through the Secretary of State
The Senate must approve with a 2/3 vote of members present
Treaties have the same force as laws, and can be repealed with a law passed by Congress
When a law and a treaty conflict, the one passed most recently is considered the law

10. Powers of the Presidency
Executive agreements– a pact between the President and the head of a foreign state
The Power of Recognition
Recognition – when the President recognizes representatives from another nation. This acknowledges the legal existence of that state.
Recognition can be used as a weapon in foreign relations
Prompt recognition can guarantee the life of a new nation, such as Panama or Israel
Presidents can show their displeasure with other nations by asking for the recall of that country’s ambassadors. The people then become known as personas non grata (unwelcome people)

11. Powers of the Presidency
Commander in Chief
The President has control of the armed forces and Congress has little power of his actions
Presidents can make wars without an official declaration of war from Congress.
Ex – Vietnam, Korea, Persian Gulf, the former Yugoslavia, etc.
The President is given more powers during wartime when needed (ex – rationing, calling up state militias)

12. Powers of the Presidency
War Powers Resolution
Congressional limits placed on the President’s war making abilities came about with the War Powers Resolution of 1973, which came out of the unpopular period of the Vietnam War. President Nixon vetoed the measure, but it was overridden
The War Powers Act stated:
Within 48 hours after committing American forces, the President must report to Congress
Combat commitment must end in 60 days, unless Congress agrees to a longer period. That time may be extended 30 days for the safe withdrawal of troops.
Congress may end the combat commitment at anytime by passing a concurrent resolution