CHAPTER 14 EXECUTIVE BRANCH

1. CHAPTER 14EXECUTIVE BRANCH THE GROWTH OF PRESIDENTIAL POWER

2. ARTICLE II • ARTICLE II: • The President is vested with the executive power. • At the Constitutional Convention in 1787 there was an on-going argument about the extent of power that should be given to the President • --Should the President be subordinate to Congress?? • --Should the President a strong, independent, co-equal to Congress?? • The latter won out. Even though the wording of Article II has not changed, the President’s powers have. These powers have come at the expense of Congress. • Why?? • 1. Presidency is unified, the office and its powers are controlled by one person. • 2. Congress is bicameral, and have to agree to get anything accomplished. • 3. Some Presidents have had strong personalities.

3. ARTICLE II continued • 4. The complexity of life has increased the President’s power. • --Transportation, welfare, health, unemployment, taxes, education, civil rights. • 5. The need for decisive, immediate action is required with many crises, terrorist attacks, war, etc. Congress cannot do that. • 6. The President has to interpret and carry out the 1000s of laws passed by Congress. • 7. President has more access to mass media for support for his policies. • **The President has had his power restricted by two important court decisions: Youngstown Sheet & Tube Co. v. Sawyer, 1952. and Rasul v. Bush, 2004. • THE PRESIDENTIAL VIEW • 3 VIEWS: • 1. STEWARDSHIP THEORY—T. Roosevelt • 2. CARETAKER THEORY—William H. Taft • **IMPERIAL PRESIDENCY**--Richard Nixon

4. OTHER POWERS OF THE PRESIDENCY C. 15

6. DIPLOMATIC AND MILITARY POWERS • I. DIPLOMATIC POWERS • 1. Power to Make Treaties- • Treaty is a formal agreement between two sovereign states • All treaties need Senate approval. (2/3s majority needed) • Treaties are part of the “Supreme Law of the Land” • Treaties can be abrogated (repealed) by Congressional law and acts of Congress can be abrogated by treaties. Head Money Cases, 1884 • Treaties can also be unconstitutional. Missouri v. Holland, 1920. • Notable treaties rejected by the Senate: • Treaty of Versailles, Annexation of Texas, Annexation of Hawaii • 2. Executive Agreement • International agreement between the President and the leader of another country. • They do not need Senate approval. • Notable executive agreements: • Lend Lease 1940, SALT I

7. DIPLOMATIC POWERS CONTINUED • 3. The Power of Recognition • Act of officially recognizing the legal existence of another country. • Accomplished by receiving diplomats. • Recognition does NOT mean the US approves of the other country’s conduct—China or Pakistan. It means we have diplomatic links. • Recognition can be a tool of diplomacy—Panama in 1903, Israel in 1948 • Withdrawal of recognition s the normally the last step before war. • 1. Declare ambassador—Persona non grata • 2. Withdrawal of recognition • II. MILITARY POWERS • 1. Commander-in-Chief— • Congress declares war and appropriates funds for the military but the President’s powers over the military are almost unlimited.—Congress has declared war 5 times in American history. (9 unofficial) • President normally delegates the military authority to generals; exceptions: Washington 1794, Lincoln 1860s

8. MILITARY POWERS CONTINUED • 2. Making Undeclared War • Not mentioned in Constitution. (Barbary Coast War 1804) • Precedent gives the President the power. • 3. Congressional Resolutions • 8 times Congress has given the power to use the military in international crises. • 1955—Taiwan • 1957– Marines to Lebanon • 1962– Cuban Missile Crisis • 1964– Gulf of Tonkin Resolution • 2002– Operation Iraqi Freedom • 4. Other Uses of Military Power • Use of the military without Congressional approval • Caribbean protectorates, Korea, Grenada, Panama, Kosovo (most under the power of the Monroe Doctrine and Roosevelt Corollary) • 5. The War Powers Resolution of 1973 (Over a presidential veto) • After committing troops, Pres. has 48 hrs. to inform Congress why. • Combat lasts for 60 days, which Congress can extend. • Combat can end by a concurrent resolution

9. THE PRESIDENT’S EXECUTIVEPOWERS • EXECUTING THELAW: • This allows the President to enforce, administer and carry out the laws.—Oath of Office, and the faithfully executed clause. • Execute all federal laws. • In carrying out these laws the President also interprets the laws. Congress purposely passes vague laws giving the President the authority to give the law meaning. 1. THE ORDINANCE POWER • President has the power to issue executive orders. • —rules or regulations that have the effect of law but have to be pursuant to laws passed by Congress or Supreme Court decisions • The power to issue necessary orders and the power to implement them. • Examples: • Speed limits on Interstate Highways, • Emission standards for cars and factories, • Desegregation of public schools, • Use of War Powers, • Removal of Japanese WW2.

10. 2. APPOINTMENT POWER: • A. Article II, sec. 2, cl. 2 gives the president to appoint Ambassadors, Judges, Cabinet positions, Agency leaders, top ranking military leaders and other federal government employees.—PATRONAGE SYSTEM [Spoils System] • ****President must have this power to guarantee loyalty to his policies. • Same party • Personal friend of President. • Supporter of Presidential policies • B. President has to follow senatorial courtesy. • [If there is an opening on the Federal Court in SC, ask advice from SC’s senators before making the appointment] • C. Most government positions are out of the control of the President or Congress. (Pendleton Civil Service Act 1881) • Rank and file government positions are filled by the Merit System. • Jobs are filled based on test scores, not party loyalty. • PRESIDENT HAS REMOVAL POWER EXCEPT OVER CERTAIN REGULATORY COMMISSIONS.

11. SECTION 4: LEGISLATIVE AND JUDICIAL POWERS • LEGISLATIVE POWERS • 1. Recommending Legislation • The Message Power • State of the Union Address • The Budget Message • Annual Economic Report • Proposes a wide range bills for Congress to enact over issues he thinks are necessary for the welfare of the country. • 2. The Veto Power • Sign bill • Let become law without signature. • Pocket veto • Veto—threat of which can kill a bill or get it amended to satisfy the President. • Congress can override a bill with a 2/3s majority of both houses. • 3. Line-Item Veto • The power to veto only a part of a bill not the whole thing. • 1996 Congress passed the Line Item Veto Act.

12. LEGISLATIVE POWERS CONTINUED • Line Item Veto was granted for provisions of spending bills that benefited fewer than 100 people. (PRIVATE BILLS) • Opponents challenged the law: Clinton v. New York City, 1998. Supreme Court struck down the law as unconstitutional. Line Item Veto must be a constitutional amendment. • Other Legislative Powers: --Call a special session of Congress. --Power of prorogue JUDICIAL POWERS • Reprieve • Pardon (clemency) A. Usually granted after a trial B. Can be granted in advance (admission of guilt) Ford and Nixon C. Pardon has to be accepted. Burdick v. US, 1915 • Commutation • Amnesty (B. Harrison to Mormons, Ford and Carter to “draft dodgers”)