So much to do…and so little time…

Presidential powers

The President’s powers can be broken down into a few major categories:

1.Executive2.Diplomatic and Military3.Legislative4.Judicial

Lots ‘o Powers

The Executive Article of The Constitution.

Article II reads: “The executive Power shall be vested in a President of the United States of America.”

Decided: There will be a single, unifying figure who holds the executive powers.

Where do these powers come from?

The Office of the President has strengthened over time, meaning Presidential power has grown.

Why?

As the U.S. became more industrialized, people demanded that the Federal Government pay closer attention to these new developments. Think: transportation, health care, the environment, etc.

When national emergencies arise, the President must make quick decisions. Wars, the September 11th terrorist attacks, and Hurricane Sandy are good examples.

How has the Presidency changed over time?

The oath of office is sworn by the President:

“I do solemnly swear that I will faithfully execute the Office of President of the United Sates, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”

Presidential discretion is the ability of the President to choose how strictly he or she enforces a law. The Constitution requires the President to execute

ALL laws, whether they agree with it or not, but…

Executive Powers—part 1

Executive Order- a directive, rule, or regulation that has the effect of lawOrders cover lots of things—especially

establishing specialized committees and councils.

Ordinance power- the power of the President to issue these orders

Why might the President want to set up specialized committees and councils?

Executive Powers—part 2

Appointment Power- with Senate consent, the President names most of the top-ranking officers of the Federal GovernmentAmbassadors and other diplomatsCabinet members and their top aidsHeads of key independent agencies, like NASA

and EPAAll federal judges and justices, U.S. marshals,

and attorneysAll officers in the armed forces

Executive Powers—part 3

Removal Power- power NOT found in the ConstitutionHistorically controversial!

General rule: the President may remove those whom the President appoints.Officials usually end up resigning before the

President officially removes them

Executive Powers—part 4

Diplomatic and Military Powers—Part 1

Treaty- a formal agreement between two or more sovereign states

The President has the power to make treaties, but they must be approved by the Senate (2/3 rds vote)

Treaties have the same legal standing as acts passed by Congress—they are just as “official”

Diplomatic and Military Powers—Part 2

Executive Agreement- an agreement made between the President and the leader of a foreign state.

They are commonly used for routine international agreements that coincide with laws already passed by Congress.

These agreements DO NOT have to be approved by the Senate.

What are some advantages of not needing to get Senate approval?

Diplomatic and Military Powers—Part 3Power of Recognition- the ability to

officially acknowledge the legal existence of a country and its governmentDone by officially receiving diplomats from that

countryMeans that the US accepts that country as “an

equal” in the family of nations

Persona non grata- a foreign official who is being asked to leave by the President of the United StatesUsed very rarely as a harsh punishment for

inappropriate conduct by a foreign nationBasically withdraws recognition of that country

Diplomatic and Military Powers—Part 4As Commander in Chief…

The President has nearly unlimited powerThe President delegates much of their

command authority to subordinates (Generals and other officers)

The President has final responsibility for all military matters

Ways our military gets involved1. President sends them2. Congressional Resolutions- Congress

authorizes the President to use military forceCuban Missile Crisis, Vietnam, Desert Storm,

Afghanistan, Iraq

Diplomatic and Military Powers—Part 5 War Powers Resolution

Passed by Congress in 1973 Designed to place limits on the

President’s war-making powers Requires that:

1. The President make a detailed report to Congress within 48 hours of committing American forces to combat abroad

2. The combat commitment end within 60 days, unless Congress agrees to longer.

3. Congress may end the combat commitment at any time by passing a resolution

Two main Legislative powers of the President:

1. Recommends Legislation

2. Veto Power

Legislative Powers—Part 1

Legislative Powers—Part 2Recommends Legislation- encourages

Congress to enact laws he thinks to be necessary for the good of the countryUses events like the annual State of the Union

address to send these messagesWhat document gives the President the power

to make these recommendations?

Legislative Powers—Part 3 Veto Power- the ability to return a bill to Congress

unsigned All items passed through Congress MUST be

presented to the President Options:

1. Sign the bill it becomes law2. Veto bill returned to Congress, BUT

Congress can override the veto with a 2/3rds vote in EACH of its two chambers

3. Abstain from doing anything bill becomes law after 10 days (rarely happens)

4. Pocket Veto used at the end of a Congressional session; if there are fewer than 10 days left “in session”, the President can leave the bills alone and they will “die”

When a President decides to veto a bill, he must reject the entire measure.He cannot just veto certain parts.

Line-item veto- the ability to cancel specific dollar amounts (line items) in spending bills enacted by CongressThe President DOES NOT have this power, but

many have wanted it.

If the President could veto specific items, what would this do to Presidential power?

Legislative Powers—Part 4

President can:

Call special sessions of CongressLast time was President Truman in 1948 to discuss

post-WWII money issues

Adjourn Congress whenever the two houses cannot agree on a date for adjournment (SEND THEM HOME)Has never had to happen

Legislative Powers—Part 5

Powers of Clemency- powers of mercy or leniency, to be used only in federal offenses

Reprieve- a postponement of the execution of a sentenceUsually done so the accused can appeal the verdict

(especially in Death Penalty cases)

Pardon- legal forgiveness of a crime and the penalty associated with itThe President can pardon people who have

committed a Federal offense; the Governor deals with state matters

The offender must ACCEPT the pardon in order for it to be valid.

Judicial Powers—Part 1

Most famous Presidential pardon:President Gerald Ford

pardoned the resigned President Nixon for the Watergate scandal“for all offenses

against the United States…which he has committed or may have committed…from January 20, 1969-August 9, 1974”

Judicial Powers—Part 2

Conditional pardons-when the pardon’s effectiveness depends on fulfillment of a condition by the offender, usually a lesser punishment You will be pardoned if you…

Power of Commutation- the power to reduce the length of a sentence or fine imposed by the court

Judicial Powers—Part 3

Power of Amnesty- a blanket pardon offered to a group of law breakersIn 1977, President

Carter granted amnesty to all Vietnam War draft evaders.

Judicial Powers—Part 4