1. Powers of POTUS
The President

2. What powers does the president have?
Presidency
intro
What powers does the president have?

3. Formal Powers
The President

4. Constitutional Powers
Presidency
Constitutional Powers
Executive Powers
Has power to carry out the law
He can issue rules, regulations and instructions for govt agencies
He prepares a draft and has final say over the budget passed by Congress

5. Constitutional Powers
Presidency
Constitutional Powers
Legislative Powers
Recommend legislation to Congress
Convene special sessions of Congress
Adjourn Congress
Sign legislation into law
Veto legislation passed by Congress

6. Constitutional Powers
Presidency
Constitutional Powers
Judicial Powers
Appoint all Supreme Court justices
Appoint all federal judges
Grant pardons and amnesty
Issue reprieves or commutations

7. Constitutional Powers
Presidency
Constitutional Powers
National Security Powers
Enter into treaties with other nations
Appoint ambassadors
Diplomatic recognition – receiving ambassadors
Commander in chief of the armed forces

8. Constitutional Powers
Presidency
Constitutional Powers
Administrative Powers
Appoint heads of all Cabinet Departments
Request written opinions of administrative officials
Appoint officials to the bureaucracy
“take care that the laws be faithfully executed”

9. Checks on Legislative Branch
The President

10. Presidency Checks Veto The veto is his most effective check
The threat of a veto is enough to consider the president’s views
He can veto spending bills that include things he doesn’t like, forcing Congress to pass a version he likes.
Congress will rarely have the votes to override the president’s veto. Less than 4% of all vetoes have ever been overridden

11. Presidency Checks Vice President Salary
The Vice President is the president of the Senate
The VP gets to vote to break a tie and will vote according to the president’s wishes
The VP can serve as presiding officer of the Senate
Salary
Since POTUS’s salary cannot be changed, Congress has little influence over presidential decision making.

12. Presidency Checks Commander in Chief Recess Appointments
Congress may declare war, but the president runs the military
He is able to use the military without a formal declaration of war
He could refuse to use the military in a war declared by Congress.
Recess Appointments
The president can fill offices of the govt without Senate approval when the Senate is not in session.
(This isn’t that important anymore)

13. Presidency Checks Call or adjourn Congress
Can call Congress in for a special session
Can adjourn Congress if H&S don’t agree on when to adjourn
This allows the president to dictate what Congress does to a degree.
“Get here and do this” or
“If you won’t do this, go home”
Adjourning has never been used and special sessions are not necessary anymore because of easy travel.

14. Checks on Judicial Branch
The President

15. Presidency Checks Appoint Judges
The president appoints all federal judges for life.
SCOTUS justices are very high profile appointments
District level judges do not get much public attention
All federal judge appointments must be approved by the Senate.

16. Presidency Checks Pardon Power
The president can pardon anyone for any federal crime
Pardon means forgive from punishment for an individual
Amnesty is a blanket pardon for a group of people who broke the same law
Commutation means the president can shorten a person’s sentence

17. Presidency Checks Implementation
The president is responsible for translating court decisions into govt action
If he ignores the court ruling, the ruling does not really matter.
Presidents prior to Truman ignored the SCOTUS when they limited the
president’s power

18. Checks on the President

19. Presidency Limits Impeachment Override Veto
Congress can impeach the president for crimes
The House impeaches and the Senate holds a trial
Override Veto
If 2/3 of both houses vote to, a presidential veto can be overridden

20. Presidency Limits Advice & Consent
Senate approval is necessary for a variety of presidential actions
All treaties must be ratified by Senate vote
Must approve all ambassadors
Senate approves all Cabinet level appointments and the heads of some regulatory agencies

21. Congress controls the federal government’s spending.
Presidency
Limits
Power of the Purse
Congress controls the federal government’s spending.
IF they disagree with a presidential action, they can refuse to fund it.
They actually write the budget from the president’s recommendation – so they can make changes
IF the president and Congress cannot agree on a budget, the government is “shut down” – all non-essential functions are temporarily stopped until they agree

22. Executive Privilege
The President

23. Presidency Executive Privilege Executive Privilege
The president has the ability to withhold information from the public, Congress, and courts if it’s about national security
This extends to other members of the executive branch
They can resist subpoenas to testify or present evidence
The Supreme Court has said this is part of the separation of powers

24. Presidency Executive Privilege Executive Privilege
The president & his staff do not have to reveal details of meetings or conversations
They don’t have to reveal ALL of the information they know about events
IF they didn’t have this privilege, they wouldn’t be able to have open conversations – people would always be afraid of testifying

25. Presidency Oversight Oversight
Congress has the task of making sure the executive branch is operating appropriately
They hold hearings to investigate the actions of members of the bureaucracy
They can subpoena evidence or make people testify under oath
This is a legislative check over the executive
Executive privilege would be an executive check on this power

26. Presidency Oversight United States V. Nixon
During the Watergate investigation, it was revealed that Nixon had recorded all of his conversations in the Oval Office
Congress tried to make him turn these tapes over, but he refused
The SC ruled that this was not covered as part of executive privilege
The withholding of information must be for national security purposes

27. Bigly Ideas
Beliefs & Behaviors

28. Constitutional Powers
Presidency
Wrap Up
Constitutional Powers
Checks on Congress
Limits on POTUS
Executive Privilege
Focus on these things: