1. Presidential Powers

2. Reasons for Growth in Presidential Power
Unity: powers held by one person
Need for immediate and decisive action
Congress increase size of gov’t; exec. branch carries it out
Use public and media to advance goals
The Constitution and Supreme Court cases have somewhat limited the President’s growth in power
Imperial Presidency: modern idea; President takes actions without consulting Congress. Makes President less accountable to public and Congress.

3. Executive Powers
Execute the Law: All federal laws. Finer points have to be worked out by exec. branch.
Ordinance Power: Can issue executive orders – directives and rules that have the effect of law
Appointment Power: Chooses ambassadors, Cabinet members, federal judges, military officers. Senate must confirm nominees.
Removal Power: President has freedom to dismiss officials he appoints, except federal judges
Executive Privilege: Pres. can withhold certain information from Congress and courts. Usually involves conversations with advisors.
Congress does not recognize; courts acknowledge it regarding national security

4. Presidential Powers 2

5. Chief Diplomat
Make treaties: agreements between countries. Negotiated by Secretary of State. Senate must approve by 2/3 vote. Treaties are legally binding.
Executive agreement: between President and head of another country. Don’t need Senate approval.
Power of recognition: receive diplomats from another country (recognize that country as a member of the family of states)
Persona non grata: Withdraw recognition of diplomat – send back to home country

6. Commander in Chief Commander of all armed forces, almost without limit
Many decisions left to military officers, but Pres has final say
Often use armed forces abroad without declaration of war (Vietnam, Afghanistan, Iraq)
Congress has enacted joint resolutions to support the President’s use of force
War Powers Resolution: President can put military into combat only if Congress has declared war, authorized the action, or if an attack on the US has occurred. Largely ignored by Presidents.

7. Legislative Powers
Initiates, suggests, and demands much major legislation
Veto Power: Reject a law, send it back to Congress
Pocket Veto: Bill dies at the end of a Congressional session if Pres. does not act on it
Powerful way to influence Congress; modern Presidents have used it more
Signing statements: explain how a new law will be enforced, or reject certain provisions as unconstitutional
Line-item veto: President would have power to cancel specific parts of a law. Currently must accept or reject all of it.
Pro: Tool against wasteful spending
Con: Give too much power to the President

8. Judicial Power: Grant reprieves and pardons (in federal cases)
Reprieve – postponement of a sentence
Pardon – forgiveness of a crime
Ford pardoned Nixon of any crimes he committed before any charges were brought against him
Commutation: President has power to reduce fine or length of sentence imposed by court
Amnesty: blanket pardon to a group of law violators (Carter 1977: Vietnam War draft evaders)