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The President’s Role in the American Constitutional System. Unit Four Lesson 23. The President’s Constitutional Duties. Article II – the “Executive Power” Commander in Chief Head of the Executive Branch Granting Reprieves and Pardons Making treaties with Senate confirmation
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The President’s Role in the American Constitutional System Unit Four Lesson 23
The President’s Constitutional Duties • Article II – the “Executive Power” • Commander in Chief • Head of the Executive Branch • Granting Reprieves and Pardons • Making treaties • with Senate confirmation • Nominating ambassadors & federal judges • with Senate confirmation • Recommend legislation • Receive legislation passed by Congress • Receive ambassadors & other diplomats
How has the Presidency evolved? • Occupants of the White House have varied and so has the presidency under their lead • POWERFUL PRESIDENTS: Washington, Jefferson, Jackson, Lincoln, TRoosevelt, Wilson, FDRoosevelt, Kennedy • Used their position to create changes they believed necessary for the United States to grow/stay strong • They expanded the power of the presidency and its role within the government • “Feeble” presidency: GW Bush, Carter, Ford, Coolidge, Taft • Did not lead with authority • Let Congress take the lead
Foreign Policy Role • Commanding the Armed Forces • Military can be used to defend the US and as a threat to help persuade other countries to comply with US policy • Can send US troops abroad – for various reasons • Making Treaties • Agreements with other nations – can be economic and/or defensive • Must be approved by the Senate • Appointing Ambassadors • The president decides who represents the US in foreign countries • Must be approved by the Senate • Are the voice/face of the US in the country they are assigned to • Receiving Ambassadors • Accept ambassador as the voice of their nation – work through them • Refusal to accept ambassador is an insult/can destableize a nation
Presidential Powers during War • During war, presidents exercise powers NOT given to them in the Constitution • Cleveland – deployed federal troops during railroad strike • FDRoosevelt – Lend Lease Act • Truman – Gov’t operated steel plants during Korean War • Supreme Court has tried, at times, to rein in powers of the president during war • SC ruled Truman exceeded powers in taking over steel plants • SC debated powers of the president (funding) in the Vietnam war • SC ruled GWBush exceeded his powers in created special military commissions for ‘detainees’
Expansion of Presidential Powers • The presidency has grown in power in recent decades • US citizens expect our president to act in time of crisis • The people look to the president for help • Expansion of executive duties/authority • People want strong assertive leader • These leaders have expanded their powers • Constitution is very broad on presidential powers • Interpretation of job • Expansion of the president recommending legislation • As party leader, the president sets the agenda & suggests legislation • Executive Orders are used far more in recent years • Used to fill in the blanks in laws passed by Congress • Executive Branch has assumed the duties of state and local governments • Education, health car, transportation
Limiting the powers of the President • Rejection of the President’s agenda • FDR Court Stacking plan • Asserting Constitutional Authority • War Powers Act (1973) requires Congressional approval • Refusing to Ratify Treaties • Treaty of Versailles • Refusing to Confirm Presidential Appointments • Supreme Court nominee – Robert Bork • Refusing to fund Presidential Programs • Congress refusing funding for Johnson’s plan for Vietnam • Removing the President from Office • Impeachment
How Presidency differs from a Prime Minister • In a MULTIPARTY system, the legislative branch chooses the Prime Minister (same party) • Cabinet members are usually members of Parliament • This ties the two branches together • In the US (2 Party system), the President is elected independently from the legislative branch • President and majority party in either house of Congress may be from different parties • Constitution DOES NOT require Congress to pass legislation from the leader, nor ratify treaties • President’s actions are open to review, might be declared unconstitutional • President serves a fixed 4 year term, limited to 2 terms or 10 years
Review Questions • What factors explain the growth of presidential power during the nation’s history • Has Congress relinquished too much power to the president? • How is the system of chicks and balances designed to limit the exercise of presidential power? • How well does the system of chicks and balances work? Why? • How can public opinion affect presidential power? • How would you define a “feeble” executive? In what ways might a feeble executive be as dangerous as an overly “energetic” executive? • What are the differences between a president and a prime minister?