The President in Action

1. The President in Action Photo Source: www.whitehouse.gov

2. Article II Article II, the Executive Article, begins this way: “The executive power shall be vested in a President of the United States of America.”

3. How Power Grows • The champions of a stronger presidency have almost always prevailed. • Nation’s increasingly complex social and economic life

4. How Power Grows 2 • Congress has increased presidential power by passing laws and expanding the role of the Federal Government. • Using mass media, since FDR, aids in gathering and holding public attention.

5. Views on Prez Power • Presidents, like Teddy Roosevelt, have taken a broad view of the powers they inherited. • Others, like William Howard Taft, felt that they could not exercise any power not specifically granted to them.

6. Executing the Law • Chief Executive: the President as chief executive, executes (enforces, administers, carries out) the provisions of federal law. [Execute is from exsequ meaning to pursue or carry out ]

7. Oath of Office • Instructs the President: • to carry out the laws of the land. • that “he shall take care that the laws be faithfully executed.”

8. The Ordinance Power • The President has the power to issue executive orders. • a directive, rule, or regulation that has the effect of law. • The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress.

9. The Ordinance Power 2 • Although not specifically mentioned in the Constitution, the ordinance power is clearly intended. • The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

10. Appointment Power • With Senate consent, President names top-ranking Federal Govt officers: • ambassadors and diplomats; • Cabinet members and top aides; • heads of such independent agencies like EPA and NASA; • all federal judges, attorneys, and U.S. marshals; • all officers in the armed forces.

11. Removal Power • Historical debate over this power. • Debate ensued in the First Congress as to whether the President could remove appointees without the consent of the Senate. • during Reconstruction regarding President Johnson

12. Removal Power 2 • The view that the President may remove the officials he appoints without Senate consent has prevailed over time. • In general, the President may remove any appointees except federal judges.

13. Power to Make Treaties • A treaty is a formal agreement between two or more sovereign states. • The President, usually through the secretary of state, negotiates these international agreements. • Remember, treaties need Senate approval to become final.

14. Informal Powers

15. Informal Powers, 2

16. Executive Agreements • An executive agreement is a pact between the President and the head of a foreign state, or a subordinate • Unlike treaties, executive agreements do not require Senate consent.

17. Informal Powers, 3

18. Recognition Power • The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign state.

19. “Un”recognition Power • Shows American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic envoy in this country. • The official is declared to be persona non grata, or an unwelcome person

20. Commander-in-Chief • Making Undeclared War • Many Presidents have used the armed forces abroad without a declaration of war • Wartime Powers • The President’s powers as commander in chief are far greater during a war than they are in normal times. • The War Powers Resolution • The War Powers Resolution of 1973 limits the President’s war-making powers.

21. Legislative Power • Recommending Legislation • The Constitution provides that the President shall report to Congress on the state of the Union and recommend necessary legislation. • This power is often called the message power.

22. Legislative Power2 • The Veto Power • All legislation passed by Congress is sent to the President for approval. • If the President disapproves of a bill, he can veto it. • Can only be overturned by a two-thirds vote of both houses of Congress.

23. The Line Item Veto • A line-item veto measure would allow the President to reject specific dollar amounts in spending bills enacted by Congress. • In 1996, Congress passed the Line Item Veto Act; however, it was struck down by the Supreme Court in 1998.

24. Other Legislative Powers • According to Article II, Section 3 of the Constitution, only the President can call a Congress into special session. • Rarely used these days because Congress is in session practically year round

25. Judicial Powers • The Constitution gives the President the power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1

26. Judicial Power2 • Reprieve:postponement of the execution of a sentence. • Pardon is legal forgiveness for a crime. • These powers of clemency (mercy or leniency) may be used only in cases of federal crimes.

27. The Vice President

28. The Vice-Presidency • The only Constitutional Power of the Vice-President is the position of President of the Senate. • All other responsibilities are at the president’s discretion.

29. The Vice-Presidency • Historically, presidents gave little power to their vice-presidents. • Being VP mostly consisted of ceremonial duties: • Attending important funerals • Dedicating bridges and parks • Presiding over the Senate on important occasions and when ties were expected

30. “. . . the most insignificant office that ever the invention of man contrived or his imagination conceived” The Vice Presidency John Adams 1st Vice-President Image from wikipedia.org

31. The Vice-Presidency “. . . the most insignificant office that ever the invention of man contrived or his imagination conceived” John Adams 1stVice-President Image from wikipedia.org

32. The Vice-Presidency “Once there were two brothers. One went away to sea; the other was elected Vice-President of the United States. And nothing was ever heard of either of them again” Thomas Marshall 28th Vice-President Image from wikipedia.org

33. The Vice-Presidency “ . . . not worth a pitcher of warm piss.” John Nance Garner 32nd Vice-President Image from wikipedia.org

34. The Vice-Presidency “. . . heartbeat away from the presidency” Photo source: www.newyorktimes.com

35. Keep in mind… …that as Vice President, Harry Truman knew nothing about the program developing the atom bomb until the death of FDR!

36. The VP’s Increasing Role • Beginning last quarter of 20th C. • The VP became a part of the President’s inner circle of advisors • As Jimmy Carter’s VP, Walter Mondale initiated weekly lunches with the president. This tradition continues today. • As Ronald Reagan’s VP, George H. W. Bush temporarily served as president; headed deregulation and drug smuggling task forces • As Bill Clinton’s VP, Al Gore was the president’s chief advisor as well as head of the technology initiative

37. The VP’s Increasing Role, 2 • Dick Cheney: VP to George W. Bush • Some say he has been the most influential VP to date • One of G.W. Bush’s closest advisors • Architect of Bush’s “war on terrorism” • Architect of Bush’s energy initiatives • Proponent of expanding powers of the President and limiting Congress’ oversight • In June 2007, in response to House Oversight Committee, said that Office of the VP does not consider itself part of the Executive Branch so exempt from disclosure requirements

38. The VP’s Increasing Role, 3 • Joe Biden • Continuing new tradition of active role as VP • Strong focus on war in Iraq and Afghanistan because of extensive foreign policy background from serving in the Senate • Overseeing rebuilding the economy (American Recovery and Reinvestment) • Chairing White House initiative on helping middle class families in America

39. Review Questions

40. 1. The Executive Article of • the Constitution is • (a) Article I. • (b) Article II. • (c) Article IV. • (d) Article V.

41. 2. The two views of presidential power are mostly centered on • (a) the extent of powers the President may act with. • (b) the President’s relationship to the electorate. • (c) constitutional amendments curtailing presidential power. • (d) none of the above.

42. 3. The President is commanded to execute the provisions of federal law by • (a) acts of Congress. • (b) the oath of office and another constitutional provision. • (c) the Supreme Court. • (d) the electoral college.

43. 4. Which of the following government officials is not appointed by the President? • (a) Supreme Court justices • (b) Cabinet members and their top aides • (c) Speaker of the House • (d) ambassadors and other diplomats

44. 5. A treaty is • (a) the power to build a navy and other armed forces. • (b) a formal agreement between two or more sovereign states. • (c) recognition of a foreign government by the President. • (d) a condemnation of a foreign government by the American people.

45. 6. When acting as head of the nation’s armed forces, the President is filling the role of • (a) commander in chief. • (b) chief legislator. • (c) head elector. • (d) president pro tempore.

46. 7. A presidential veto of legislation can only be overturned by a • (a) two-thirds vote in both • houses of Congress. • (b) two-thirds vote in the Senate. • (c) two-thirds vote in the House. • (d) three-fifths vote in both • houses of Congress.

47. 8. Reprieves and pardons • are both examples of • the President’s • (a) appointment power. • (b) wartime powers. • (c) ordinance power. • (d) clemency power.