Chapter 14 The Presidency in Action

1. Chapter 14The Presidency in Action AP Government April 2006 7th Hour Brittany Hughes, Kate Terry, Nikki Simon, Quinn Landers

2. "The executive power of the United States shall be vested in a President of the United States of America." Article II of the ConstitutionExecutive article

3. Strength of the Presidency • The Presidency has grown substantually over the course of our nation's history. • We have a need for more from the Federal Government, that requires administration by the President • We have a need for a leader in times of national emergency. • The President can rally public support behind a cause

4. The main view used by many of the stronger presidents to justify using that power, making it his duty to do all he can for the American people. Stewardship theory

5. The President’s Powers The President's chief job is to execute and administer the laws of the United States. He must execute all laws no matter his views, but he can execute them in varying levels in which he see fit. He also has a lot of room to interpret some of the broad written laws by Congress in the way he sees best.

6. In order for the President to accomplish his tasks, he needs the power to give orders. While not expressly stated in the constitution, the ordinance power allows the President to issue executive orders to accomplish his administrative tasks. Ordinance power

7. More and more discretion has been granted to the President and the executive branch to make these decisions, due to the wide scope of things Congress regulates, they cannot be experts on everything.

8. The scope of the job that the executive branch has cannot be accomplished by one man alone, and the constitution allows for him to appoint others to help him. Appointment power

9. Positions President appoints • Cabinet members and their top aides • Ambassadors and diplomats • Federal judges, US marshalls, and attorneys • Head of independent agencies like: • NASA • EPA

10. All appointments require approval by the Senate of a simple majority. The unwritten rule of senatorial courtesy, where if the senator of the state where the appointee will serve in a state specific appointment, will accept the appointee, the senate will as well.

11. However, the vast majority of Federal employees are chosen through civil servant examinations.

12. The power to remove undesirable officeholders from the executive branch is also essential to the power of the President. How this should occur has been debated through our history however. Removal Power

13. Congress passed the Tenure of Office Act to try to keep President Andrew Johnson from removing any of Lincoln's cabinet, but he ignores the law and fires Secretary of War Edwin Stanton. He is impeached but is aquitted, and the law is repealed in 1887. Johnson impeachment trial

14. Woodrow Wilson at the end of his term, and without consulting the senate, removed Frank Myers as the postmaster of Portland, Oregon, in violation of a law passed in 1876. The Supreme Court found that the law was unconstitutional and held that the power of removal was an essential part of the executive power. Myers v. United States

15. After winning office in 1933, Roosevelt removed Henry Humphrey for a seven year term in the FTC, giving no valid reason for doing so. The Supreme Court found that Humphrey had been unfairly removed because this was an independent regulatory agency, with Congress having some control and therefore the charter set up by Congress applied. Humphrey's Executor v. United States

16. Diplomatic and Military Powers • Power to make treaties • Formal agreements between two+ states • Senate must approve by 2/3 vote • President ratifies • Congress can repeal a treaty by passing a law, and a treaty can overturn an old law • Treaties cannot conflict with the Constitution

17. Executive Agreements • Pact between the President and the head of a foreign state • Do not require Senate consent • Destroyers for bases deal of 1940

18. The Power of Recognition • To recognize a country is to acknowledge the legal existence of that country and its government. • Does not mean approval ex. China • Can be used as a weapon • T. Roosevelt recognized Panama, ensuring success against Colombia • Truman recognized Israel • May ask for the recall of a nation’s ambassador (persona non grata)

19. Commander in Chief • Article II, Section 2, Clause 1 makes the President commander in chief of nation’s armed forces • Powers are almost without limit • Designates authority to military subordinates, but not required to do so • George Washington led troops in Whiskey Rebellion • Abe Lincoln instructed generals in the field • Most critical decisions are made by President

20. Making War • Can use armed forces without a declaration of war by Congress (undeclared war) • Ex. John Adams, Jefferson and Madison (Barbary coast pirates), Korea, Vietnam • Congress has not declared war since WWII • Has enacted joint resolutions to authorize the President to meet certain international crises with military force • Ex. George W. Bush in the War in Iraq, George H.W. Bush in the Persian Gulf War, Lyndon Johnson in Vietnam

21. The War Powers Resolution • Passed by Congress in 1973 • Nixon vetoed the measure, but Congress overrode the veto • Provisions: • Within 48 hrs. of sending troops abroad, the President must report to Congress • Combat commitment must end within 60 days, unless Congress agrees to a longer period. • Congress may end the combat commitment at any time, by passing a concurrent resolution

22. Legislative and Judicial Powers • Recommending Legislation (message power) • Three messages a year to Congress • State of the Union • The President’s budget • Annual Economic Report • Sends other messages to call on Congress to enact those laws he believes necessary to the welfare of the country

23. The Veto Power • Four options when receiving a bill • Can sign the bill, making it a law • Can veto it, returning it to Congress • Can allow the bill to become a law by not signing it or vetoing it within 10 days • Can pocket veto, only if Congress adjourns within 10 days and the President does not act on it; measure dies • 2/3 majority needed to override a veto is difficult to obtain and the threat can often defeat a bill

24. The Line-Item Veto • Cannot veto only a portion of the bill • Presidents since Ulysses Grant have argued that they should be able to veto specific dollar amounts in spending bills • Opponents argue that this would give the President too much power (amendment has failed) • 1996 Congress passed Line Veto Act • Gave President power to reject individual items in spending bills and to eliminate any provision of a tax bill that benefited less than 100 people • Struck down by Clinton vs. New York City in 1998

25. Other Legislative Powers • Article II, Section 3 • Can call Congress into a special session • Ex. Truman had Congress consider post-WWII economic measures • Can adjourn Congress whenever the two houses cannot agree on a date for their adjournment • Never used

26. Judicial Powers • Reprieve: postponement of the execution of a sentence • Pardon: legal forgiveness of a crime • Two powers are absolute, except in cases of impeachment, where they may not be granted • Considered powers of clemency, can only be used in cases involving federal offenses • Can grant after trial, after or before they are charged • Ex. Ford pardoned Nixon before he was charged • Must be accepted by the person it is granted • Can be conditional

27. Pardons cont’d. • Commutation: the power to reduce the length of a sentence or a fine imposed by a court • Amnesty: a blanket pardon offered to a group of law violators. • Ex. Carter granted amnesty to Vietnam War draft evaders.

28. Sources • AP Government Book