Hail to the Chief

1. Hail to the Chief The Power of the American Presidency

2. On your worksheet, define formal and informal powers • Using your copy of the Constitution, sort the powers granted in the Constitution into the correct Role of the President listed on your worksheet

3. Presidential Powers • Formal Powers = those that are found in Article II of the Constitution • Informal Powers= powers that are not explicitly written in the constitution • Occurred due to custom/tradition or historical circumstance • Informal powers EXPAND the power of our Presidency "Under the doctrine of the separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government.“ – R.M. Nixon

4. Formal Powers

5. Formal Powers: Commander-in-Chief • Commander in Chief of the Army, Navy, Air Force, Marines • Formal Declaration of War comes from Congress • Can call the State Militia (National Guard) • Appoint Military Officers President Bush aboard U.S.S. Lincoln, May, 2003

6. Formal Powers: Chief Executive • Ordinance Power – power to run the executive branch • May issue “commands” or “orders” • Used to run Executive Branch • “Faithfully execute” the laws President Bush holds cabinet meeting in October, 2005 President Clinton with Janet Reno, the first female Attorney General, February, 1993

7. Formal Powers:Chief Executive • Appointment Power • Federal Judges • Cabinet members • Heads of Agencies • Ambassadors • Removal Power • No approval needed • Only applies to appointees within Executive Branch • No elected officials

8. Formal Powers: Chief Diplomat • Make treaties • Confers with Secretary of State • Needs 2/3 Senate approval • Not all are approved: Treaty of Versailles, Kyoto Agreement • Recognize Nations • Receive Ambassadors • Spokesperson for US to other nations President Obama and Russian President Medvedev sign the New START Treaty to reduce Nuclear armaments

9. Formal Powers: Chief Legislator • Give State of the Union address to Congress • Convene both houses of Congress • Laws • Veto • Sign • Pocket Veto – not sign at end of Congress’ Session • Not sign – becomes law in 10 days

10. Informal Powers

11. Informal Powers:Chief Executive • Executive Orders • Executive Agreements • Executive

12. Informal Powers:Chief Executive • Executive Orders - orders that have the weight of law • Don’t have to be approved by any other branch or person Clinton signing his “don’t ask don’t tell” executive order for gays in the military

13. Informal Powers:Chief Executive • Executive Agreements - International agreements made by a president that has the force of a treaty • does NOT need Senate approval • Usually Trade Agreements • Examples: Destroyers (50 to GB) for Bases, – FDR • NAFTA (Clinton) Jefferson made an executive agreement with France to make the Louisiana purchase

14. Informal Powers:Chief Executive • Executive Privilege - Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress • United States v. Nixon (1973) – presidents do NOT have unlimited executive privilege (Nixon Watergate tapes) • Eisenhower – during Army-McCarthy hearings

15. Informal Powers:Commander and Chief • Sending Troops into battle without a Formal Declaration of War • Korean War • Vietnam • War Powers Resolution (1973) • Report to Congress in 48 hrs • 60 days + 30 days + Declaration of War or STOP • Congress can STOP anytime

16. Informal Powers:Chief Legislator • Introducing/Influencing Legislation • Teddy Roosevelt – National Parks • FDR’s New Deal • Obama’s Healthcare Reform

17. Presidential Powers • Limited - Fearful of strong Central Government • Constitution – Article II • Impeachment – applies “rule of law” to President • 22nd Amendment – Term limits • Expanded – To avoid Congress’s approval • Executive Orders • Executive Agreements • Sending troops without Formal Declaration • Introducing legislation

18. Checking the Judicial Branch • Appointment of Federal and Supreme Ct. Judges • Reprieve • To delay the punishment/sentence of someone convicted • Commutation • To reduce penalties (sentences) • Amnesty • A pardon/forgiveness for an offense, especially a political offense • Ex: Washington granted amnesty to those involved in Whiskey Rebellion • Pardon • To forgive of a crime and cancel any penalty • EXCEPT in cases of impeachment • Ex: President Ford pardoned former President Nixon

19. Informal Power:Party Leader • Power to lead the political party • During Campaigns • Developing party platform

20. Informal Powers:Executive Branch • Creation of the Cabinet

21. Questions for Discussion • Why have informal powers developed? • Why are informal powers more important than formal powers particularity in the modern era? •  What are some of the advantages and disadvantages of the Presidents use of informal powers? •  How do you think the framers would have felt about the Modern Presidency and the use of informal powers? Defend your answer?

22. Questions for Discussion • Why have informal powers developed? • Avoid Congressional approval • Historical events necessitated • Varying degrees of Presidential leadership • Some Presidents saw the role as administrative only • Others saw the need for increased constitutional powers as necessary to accomplish the job • Need to used powers to deal with economic and social problems • Greater need to win passage of legislative agenda • Greater need for influence in foreign affairs and national security

23. Exit Slip • Name two formal powers of the President and the role they fulfill • Define Executive Orders and Executive Agreements • What is one limitation on the President’s power • Why has the power of the Presidency expanded through informal powers

24. Qualifications for President

25. Presidential Qualifications • Formal Qualifications – written in the United States Constitution, Article II Section I • 35 years old • 14 year resident of the US • Natural Born Citizen

26. Some folks are born made to wave the flag, Ooh, they’re red, white and blue. And when the band plays, “Hail to the Chief,” Ooh, they point the cannon at you, lord, It ain’t me, it ain’t me, I ain’t no senator’s son, son. It ain’t me, it ain’t me, I ain’t no fortunate one, no. Some folks are born silver spoon in hand, Lord, don’t they help themselves, oh. But when the taxman comes to the door, Lord, the house looks like a rummage sale, yes, It ain’t me, it ain’t me, I ain’t no millionaire’s son, son. It ain’t me, it ain’t me, I ain’t no fortunate one, no. Fortunate SonRecorded by Creedence Clearwater Revival (1969)

27. Some folks inherit star spangled eyes, Ooh, they send you down to war, lord, And when you ask them, “How much should we give?” Ooh, they only answer more! more! more! yo, It ain’t me, it ain’t me, I ain’t no military son, son. It ain’t me, it ain’t me, I ain’t no fortunate one, one. It ain’t me, it ain’t me, I ain’t no fortunate son, son. It ain’t me, it ain’t me, I ain’t no fortunate son, no, no, no. Fortunate SonRecorded by Creedence Clearwater Revival (1969)

28. Presidential Qualifications • Informal Qualifications • Gender • Race • Religion • Age • Education • Political Positions • Governor • Senator • Informal Qualifications • Military History • Geographic background • Family • Personal History • Political Leanings • Informal qualifications have changed over time.

29. 100% male Almost 100% Caucasian 97% Protestant 82% of British ancestry 77% college educated Demographic Characteristics of U.S. Presidents • 69% politicians • 62% lawyers • >50% from the top 3% wealth and social class • 0.5% born into poverty • 69% elected from large states

30. Presidential Benefits • $400,000 tax-free salary • $50,000/year expense account • $100,000/year travel expenses • The White House • Secret Service protection • Camp David country estate • Air Force One personal airplane • Staff of 400-500 Christmas at the White House, 2004

31. Presidential Superpowers • You are to create a Presidential Superhero that represents all of the different roles that the President plays in our government. You have 2 different options: • Create a superhero and weapons/powers that reflect the different roles of the President • Create a story by making a comic strip that tells a story of the Presidential superhero using all of his powers.