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CH 14. Powers of the President. The President is responsible for carrying out the nation’s laws They must even carry out laws they disagree with (but can use discretion on the interpretation of the law or how hard they work to enforce it.). EXECUTIVE POWERS. Ordinance Power.
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CH 14 Powers of the President
The President is responsible for carrying out the nation’s laws • They must even carry out laws they disagree with (but can use discretion on the interpretation of the law or how hard they work to enforce it.) EXECUTIVE POWERS
Ordinance Power • The President can issue an… Executive order- a directive, rule or regulation that has the effect of law. • This power is implied by the constitution and is necessary for the executive branch to function.
Appointing Power • The President may appoint officials… • To top exec. branch positions • But, the appointment of most important officials requires Senate approval (Ex: ambassadors, judges, cabinet members) • Most federal employees (over half) are selected through civil service exams- thus not hired/fired by the President
Removal Power • The President appointed them, can he remove them? • Most of the time Congress upholds the President’s decisions on these matters • The Supreme Court ruled (in Humphrey’s Executor v. US) that the President can only remove Congressionally approved appointees for inefficiency, neglect, or misconduct.
The Presidents powers in dealing with other countries DIPLOMATIC POWERS
Treaties • Treaty- a formal agreement between two or more sovereign states • President, usually acting through the secretary of state, has the power to make treaties, but they must be approved by the Senate to become law.
Executive Agreements • Executive Agreements- pacts between the President and leaders of foreign countries. (Do not require Senate approval) • Most international agreements today are executive agreements rather than treaties.
Recognition • The President has the power to legally recognize the existence of a country & its government • powerful weapon because recognition- or lack thereof- often determines a new government’s future. • Declaring a country’s ambassador persona non grata is an insult to them, usually on the way to war.
The President is commander in chief of the US military- but he usually delegates command to top military personnel while reserving final authorization for himself MILITARY POWERS
Shared Power • The President shares his war powers with Congress. • Only Congress can declare war, but Presidents have often used the military without a formal declaration of war. Ex: Korea or Vietnam
Wartime Powers • In wartime the President’s powers as commander in chief have often been expanded to include nonmilitary matters.
Times of Domestic Turmoil • In times of domestic turmoil the President may use armed forces, including State militias, to keep the peace. • Ex:Little Rock High School
War Powers Resolution of 1973 • Requires the President to… • Inform Congress of any commitment of US troops abroad within 48 hours • Gain Congress’ approval to commit troops longer than 60 days
The President’s powers in relation to Congress and the passage of laws. LEGISLATIVE POWERS
The President… • Gives the State of the Union address • Suggests the annual budget • Recommends specific legislation to Congress
The President may… • Veto a bill but may not Line item veto a bill • Call a special session of Congress • Adjourn Congress if the two houses cannot agree on a date for adjournment
The President’s powers relating to judicial branch (including federal courts) • In cases involving federal courts the President may grant… JUDICIAL POWERS
Reprieve • reprieve- the postponement of the execution of a sentence
Pardon • pardon- legal forgiveness for a crime
Commutation • commutation- a reduction in the sentences or fines imposed by a court
Amnesty • amnesty- a general pardon for a group.