Presidential Powers

• 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.

• 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

Presidential Powers 2

• 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

• 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.

• 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

• 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)