Warm Up

1. Warm Up Explain what Pardons and Commutations are.

2. Wednesday, November 11, 2015 • Objective:Students will be able to analyze the growth of presidential power and its effects. • Materials Needed: Notebook, pen/pencil, 1 sheet of paper for quickwrite at the end of class

3. Presidential Power • The formal powers of the President have not changed much since 1787, yet the actual amount of power has grown a lot • The Founding Fathers were nervous about giving 1 person a lot of power to enforce laws • Throughout the nineteenth century, most Presidents took a restrained approach to leadership

4. Growth of Presidential Power • Andrew Jackson regularly became involved in important policy questions • He used the veto more than any other President

5. Growth of Presidential Power • Roosevelt’s Stewardship Theory: Presidents should not merely carry out the will of Congress but instead should lead the nation and build public support for particular policy agendas • FDR’s New Deal and the Cold War both led to expanded presidential power

6. Reasons for the Expansion of Power • The Constitution is rather vague on certain aspects of presidential powers, so certain Presidents simply filled the void as they saw fit • There are more people that work in the executive branch • Many citizens wanted the Federal Government to take a larger and larger role in transportation, communications, health, welfare, employment, education, civil rights, and a host of other fields • The need for immediate and decisive action in times of crisis

7. Recent Developments • Critics of what they see as a too-powerful chief executive have condemned what has been called “the imperial presidency“ • This implies that the President takes various actions without consulting Congress or seeking its approval—sometimes acting in secrecy to evade or even deceive Congress • Others say that in today’s complex and globally interconnected world, the President must be able to react quickly to events at home and abroad

8. Executive Orders and Executive Privilege • Executive Order: directive, rule, or regulation issued by a chief executive or subordinates • based upon constitutional or statutory authority and having the force of law • The President must have the authority to use these in order to exercise his powers to enforce laws • Executive Privilege: the President’s power to refuse to disclose information • Cannot be used to prevent evidence from being heard in a criminal proceeding (U.S. v. Nixon, 1974)

9. Executive Orders and Executive Privilege • Executive Discretion: in executing and enforcing law, the executive branch also interprets it unless the Courts say otherwise • Laws written by Congress are often broad, so it is up to the President to determine how the law will be applied on a day-to-day basis • These decisions are carried out through executive orders

10. Quickwrite In your opinion, does the President have the constitutional authority to issue his executive orders on immigration? Explain using specific reasons and powers of the President to justify your position.