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Presidential Powers and Constitutional Basis

This chapter explores the constitutional basis for the presidency and examines the powers granted to the president through the Constitution. It also discusses the president's role in shaping legislation, diplomatic powers, judicial powers, and executive powers. The chapter highlights the importance of understanding these powers in the context of American governance.

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Presidential Powers and Constitutional Basis

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  1. What is meant by the following statement “Presidents don’t make new friends. That is why they have to hang onto their old ones.”

  2. Chapter 6 Presidential Institutions AP Government

  3. Constitutional Basis for Presidency

  4. The Presidency and the Founding Framers of Constitution Experience with King of England & Royal governors - Warned Americans of dangers - strong executives. Weak executive under Articles of Confederation - Highlight problems of governing without a strong executive.

  5. Alexander Hamilton (Federalists) • Presidents - decisive and act quickly. Remove president from direct popular control. (too independent) • 4 year presidential term – • Limit power and popular control. • Electoral college – • Barrier to popular control of president. • Qualifications • Age – 35 • Resident U.S. - 14 yrs • Natural Born citizen

  6. Constitutional Powers

  7. The Constitutional Powers of the Presidency Article II Presidential powers combined - Expressed - stated in the Constitution - Delegated - powers from Congress - Inherent - powers given to executive leadership usually during war

  8. Delegated powers - constitutional powers assigned to one governmental agency but exercised by another agency with express permission of the first. Inherent powers - powers claimed by a president that are not expressed in the Constitution - inferred President’s expressed powers – Defined Article II, Sections 2 and 3 Several categories - military, diplomatic, judicial, executive, & legislative.

  9. Expressed Presidential Powers • Veto Proposed Bills • State of the Union address • Nominate Cabinet positions, SC Justices, Federal Judges • Grant Pardons • Commander in Chief • Make Treaties • Diplomat • Oversee Executive Branch Departments

  10. Military Powers Article II, Section 2 “Commander in Chief of the Army and Navy of the United States.” President - highest military authority in United States. Also, head of intelligence agencies like the CIA, the NSC, the NSA, and the FBI.

  11. Legislative Powers President - important role in shaping the legislative agenda of Congress. Gives “to the Congress Information of the State of the Union” - Recommending “such Measures as he shall judge necessary and expedient” Power of veto - denying congressional action or bargaining with legislative branch.

  12. LegislativeConsideration • Legislators deliberating on final passage of bill • May delete certain section - hope to avoid a presidential veto • Example “the second face of power”.

  13. Diplomatic Powers Article II, Section 3 Power to “receive Ambassadors and other public Ministers.” Expanded diplomatic power includes ability to recognize certain world governments as legitimate.

  14. Judicial Powers Article II, Section 2 Power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” Amnesty “Kingly” power - subject of controversy.

  15. Executive Powers Executive powers - Article II, Sections 2 and 3: • Section 2 - power to appoint executive officers and federal justices and judges. • Section 3 – president sees that laws are faithfully executed (most important).

  16. Other Executive Powers

  17. Increasingly, policy through executive orders (Bypass Congress) President directs executive branch officials and agencies to implement policies in accordance with the president’s policy preferences. Executive orders are rules or regulations by the president that have the effect and formal status of legislation. Executive Orders

  18. Executive Orders Governing By Decree • Other important policies established by executive order • Purchase of Louisiana • Annexation of Texas • Emancipation of slaves • Internment of Japanese • Initiation of Affirmative Action • Creating federal agencies • FDA, Peace Corps

  19. More Executive Orders • Truman - Desegregation of the armed forces based on position as Commander-in-Chief. • President Johnson - implement the 1964 Civil Rights Act. • Sometimes go to far • Supreme Court ruled against Truman’s seizure of steel mill during Korean War.

  20. Examples of Executive Orders • President Reagan’s Executive Order No. 12291 of 1981 provided a reform process that was responsible for more deregulation. • President Nixon established the Environmental Protection Agency through an executive order.

  21. President George W. Bush • Used executive orders to • Place limits on embryonic stem cell funding • Prohibit federal funds for family planning • Increase domestic energy exploration.

  22. Presidential Action – Signing Statement • President claims prerogative not to enforce those portions of a bill he believed to be unconstitutional • Extending executive power through a technique known as a signing statement.

  23. Delegated Powers • Congress passes a law and delegates powerto the president to execute that law. • Federal government does more in society • executive authority grows. • Many powers exercised by the president and the executive branch are not found in the Constitution • Products of congressional statutes and resolutions. • Congress created more executive departments and agencies • Congress voluntarily delegated legislative authority to the executive branch.

  24. Federal Agencies • Develop thousands of rules and regulations. • Issue thousands of orders and findings per year. • Sometimes Congress gives specific guidelines • Tax legislation for the Internal Revenue Service • Specific and detailed • Leaves little to the discretion of the IRS. • Congress defines a broad goal or objective • Delegates discretionary power to administrators in agency.

  25. Two other examples of expanding presidential powers. - Increased foreign policy power to make executive agreements– Like a treaty – not require congressional approval. - Presidential practice of engaging the U.S. military without formal congressional declarations of war Congress passed the War Powers Resolution in 1973 over President Nixon’s veto - attempt to curb presidential power.

  26. Presidents have employed military power without Congress’s approval. President George H. W. Bush ordered the Panama invasion in 1989 President Clinton ordered the bombing in Yugoslavia in 1995, both without Congressional authorization. Presidents often assert that they do not need such authorization.

  27. Rise of Presidential Government

  28. Legislative Epoch 1800 - 1933 • Intent of Constitution - legislative supremacy. • Presidency not closely linked to major national political and social forces. • After Thomas Jefferson, only Andrew Jackson and Abraham Lincoln broke the string of weak presidents. • National convention system strengthened the presidency.

  29. Expanding Presidential Power From the 19th to the 20th century - institutional power of the presidency grew - presidents strengthened connections to the people. Changing conceptions of the importance of the president - President - direct role in the domestic policy agenda - Immediacy of modern war and America’s role in the world expanded presidential strength.

  30. Pivotal Presidency • New Deal & Franklin D. Roosevelt became the face of the new presidency.

  31. Presidential Government • Policy decision shifted to the executive branch • United States industrialization, urbanization, and greater integration of global economy.

  32. Presidential Government

  33. Formal Resources of President • The Cabinet • The White House Staff • The Executive Office of the President • The Vice Presidency

  34. Executive Departments • Cabinet – • Modern cabinet composed of the Attorney General and the heads or secretaries of the 15 executive departments. • Vice President and 5 others have cabinet rank. • President appoints but each appointment must be confirmed by the Senate. • Departments – Different policy areas. • All administrative work necessary to enforce laws or assist the president in his executive duties.

  35. Presidential Line of Succession • Vice President • Speaker of the House of Representatives • President Pro Tempore of the Senate • Secretary of State • Secretary of the Treasury • Secretary of Defense • Attorney General • Secretary of the Interior • Secretary of Agriculture • Secretary of Commerce • Secretary of Labor • Secretary of Health and Human Services • Secretary of Housing and Urban Development • Secretary of Transportation • Secretary of Energy • Secretary of Education • Secretary of Veterans Affairs • Secretary of Homeland Security

  36. The White House Staff or Office • Mainly analysts, advisors, and special assistants. • Enjoy close relationship with President. • Small, informal group of close advisors - “Kitchen Cabinet”. • Staff - “executive privilege”. • Confidentiality

  37. Executive Office of the President • National Security Council – coordinates matters of national security across agencies, “inner cabinet” • Council of Economic Advisors – advises on economic issues. • Office of Management and Budget –reviews the budgetary implications of federal programs and legislation. • Council on Environmental Quality - Environmental issues • White House Office –important personal and political advisors to the president - legal counsel, president’s personal secretary, and the chief of staff. Takes care of presidents personal needs and manages the press.

  38. Expanding White House Staff 50 members under FDR Over 500 in today’s White Houses. Increased specialization and expertise Greater capacity to collect data. Growing executive administration empowers the president as the “chief executive.” (CEO) To effect policy, Presidents increasingly use appointment powers executive reorganization executive orders

  39. Vice President • Two purposes • To preside over the Senate and cast the tie-breaking vote when necessary. • Succeed the president in case of death, resignation, or incapacitation • Serve as diplomat representing the president, take part in policy meetings, help raise funds for their party • Main value – political for electoral purposes.

  40. President • In 1800’s, when Congress was America’s dominant institution of government • Congress treated the president with distain. • Today – president has expanded power. • Three ways expanded power • Political Party • Popular mobilization • Administration

  41. Popular Mobilization • Presidential Coattails – Close tie to popular president good for Congressmen. • Public Support – Public opinion is an incredibly powerful tool of persuasion • Public Approval – Higher President’s rating, more support in Congress. • President elected by a large margin - Congress more likely to support legislation proposed early in his term. Fireside Chats

  42. 20th century - presidents expanded their connections to the people: • popular presidential campaigning • Televised conventions and then primary elections • Progression of selection - caucus to convention to primary Popular campaigning through the mass media - Claim electoral mandates for their policy agendas. Permanent Campaign

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