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The Presidency

This article explores the responsibilities, growth, and constitutional basis of the American presidency, as well as the various powers held by the president, including military, judicial, diplomatic, executive, and legislative powers. It also discusses the use of executive orders and the presidency as an institution. Join the conversation on whether the presidency is too large a job for one person and what powers should be taken away.

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The Presidency

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  1. The Presidency Law and Gov

  2. Immigration Executive Order

  3. for Discussion • Are the responsibilities of the most powerful leader in the world the American president, too large a job for one person? • Why has the American presidency grown so large? • If you could, what powers would you take away from the president?

  4. Summary • At the time of founding office of prez was not perceived as powerful… However, three things in Article II open the door to a more powerful exec. • Opening line, Oath of Office, Take Care Clause • Rise of president’s powers in modern times • Certain times when presidential leadership “rescued” the nation • Civil War • Great Depression • WW ll • What recent events could you add to the list?

  5. President is Head of state with; • Military • Judicial • Diplomatic powers Head of Gov; • Executive • Military & • Legislative powers • President also has institutional resources • Symbolic powers

  6. Constitutional Basis of the powers of the Presidency • Presidency derives its powers from Article 2 of the Constitution • Establishes executive power in one person • Section 1 of the Article - president will be selected by the electoral college

  7. Constitutional Basis… • Indirect election • Granted strong executive powers to the president who would be responsible to the law and Constitution instead of the people • President is also independent of the Congress & mass popular base • Expansion of presidential powers came during FDR presidency (New Deal, 1930’s)

  8. Constitutional Powers of the Presidency • Granted in Article 2, Sections 2 & 3 • Outlined duties & powers include 3 types of powers: • Express Powers • Delegated Powers • Inherent Powers

  9. Expressed Powers: specific powers to the President Military Powers • Pres is commander-in-chief of the military • Head of the dept of Defense • Head of the nation’s intelligence network

  10. Expressed powers cont’d… • While Congress can declare wars, presidents have tried to deploy military without congressional approval • Several Pres have ignored such constraints • Truman against Korea in 1950, Nixon in 1973, Iraq invasion • Congress responded with War Powers resolution WPR • Pres powers extend into domestic arena against domestic violence Article 4. Sction4. Requires state’s approval/invitation • Recent example of the Patriot Act which empowered domestic surveillance & restriction of judicial reviews in such cases

  11. Judicial Powers Section 2 * Remember Executive Review??...in addition… • President has broad power to grant pardons & amnesty to all individuals

  12. Diplomatic • Pres receives ambassadors & makes treaties (Section 2) • Pres is head of state & chief rep in dealing with other nations • Pres recognizes other nations in order to enter into treaties • Requires Senate approval

  13. Pres as Chief Executive, CEO • Responsible to see all laws faithfully executed • Power to appoint/fire /supervise all executive officers • Appt. all federal judges. (Section 3) • Exec Privilege:All communications between pres & advisors are confidential

  14. President’s Legislative powers • Article 1, Section 7 & Article ll, Section 3 provides pres powers to participate in legislative process • State of Union address to Congress of • Pres has veto powers over Congress (may be overridden by 2/3 vote of the Congress)

  15. Legislative powers cont’d… • Legislative initiative: Pres has powers to bring a legislative agenda before Congress • Executive Orders: issued by the pres & has status of legislation – must not violate the Constitution

  16. President’s Delegated powers • Many presidential powers are not found in the constitution • Founders expected Congress to make policy & the president to administer it • Over the years Congress has given many delegated powers to the Pres

  17. Delegated powers • Congress cannot implement laws it makes • Requires the executive branch to execute them • Congressional legislations lack details • As a result, the agencies of the exec branch develop many rules & regulations at their own discretion

  18. Inherent Powers: beyond Expressed & Delegated powers • A3rd source of power claimed by the Pres • Constitution charges the Pres with ensuring that “the laws are faithfully executed” • Gives the Pres authority to issue executive orders • Not expressed by the Constitution, but inferred

  19. Inherent powers/Executive Orders • New pres can remove civil service appointees • Kennedy ended racial discrimination in public housing • Lynden Johnson introduced affirmative action on firms with federal contracts • Obama and Immigration law • Such orders can be rescinded by succeeding president

  20. The Presidency as an Institution • The thousands of staffers & officials who work for & assist the president make up the institution of the Presidency • These include:

  21. The Players • The VP • The White House Staff • National Security Council • The Cabinet • Executive Agencies • Regulatory Commissions

  22. The Presidents closest advisors?

  23. The Vice President • “I am Vice President. In This I am nothing, but I may be everything” - John Adams • “The only authority he has is what the president gives him. He who giveth can taketh away.” - Hubert Humphrey • “When you’re talkin’ to Dick Cheny, you’re talkin’ to me. When Dick Cheny is talkin’ it’s me talkin” – GW Bush • “The Vice Presidency isn’t worth a warm bucket of spit.” - John Nance Carter

  24. The Vice President Two functions: • To succeed the Pres in the event of… • To preside over the Senate- casts the tie–breaking vote • Became a part of the Executive Office of the President (EOP) in 1972 • If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress.

  25. The Vice President and Presidential Disability • Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled. • The Vice President is to become acting President if (1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office,” or (2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated.

  26. The Constitution and Succession: 25th Amendment • Presidential succession is the plan by which a presidential vacancy is filled. • The 25th Amendment, ratified in 1967, made it clear that the Vice President will become President if the President is removed from office. • The Presidential Succession Act of 1947 set the order of succession following the Vice President.

  27. Into the Oval Office

  28. Choosing a VP: “Balancing the Ticket”

  29. Choosing a VP: “Balancing the Ticket”

  30. Choosing a VP What are the possible consequences of the practice of choosing a VP to “Balance the ticket?” The president cannot fire the Vice President, no matter what the circumstances. * Why is this the case? * What might be the consequences if this were not the case?

  31. The White House Staff • Special assistants to the Pres • Often closest to the Pres/day to day contact • Many are close friends & people who worked with Pres in previous positions • May create a “kitchen staff” who will provide informal counsel to Pres • And prepares the daily briefing

  32. The Executive Office of the President • EOP created in 1939 • 1500-2000 persons • Includes NSC, Office of Management & Budget, etc • Perform defined & specialized tasks for the pres; e.g., • Budgetary, economic, oversee regulatory proposals, national security advice

  33. The White House Office The White House Office is comprised of the President’s key personal and political staff. Staff positions in the White House Office include chief of staff, assistants to the President, press secretary, the counsel to the President, and the President’s physician. The Nuclear Football The National Security Council The National Security Council (NSC) acts to advise the President on all domestic, foreign, and military matters that relate to the nation’s security. Members include the Vice President and the secretaries of state and defense. The Daily Security Briefing The White House Office and National Security Council

  34. The West Wing of the White House • The President’s closest advisors work in the West Wing of the White House, near the oval office. Chapter 15, Section 2

  35. Additional Agencies Office of Management and Budget (OMB) • The OMB’s major task is the preparation of the federal budget, which the President must submit to Congress. Office of National Drug Control Policy • Established in 1989, this agency’s existence dramatizes the nation’s concern over drugs. Council of Economic Advisers • The Council of Economic Advisers consists of three of the country’s leading economists, and acts as the President’s major source of information and advice on the nation’s economy.

  36. The Federal Bureaucracy:The Cabinet

  37. Bureaucracy: • a body of administrative offices working to implement policy

  38. Executive Departments The executive departments, often called the Cabinet departments, are the traditional units of federal administration. Each department is headed by a secretary, except for the Department of Justice, whose work is directed by the attorney general. Each department is made up of a number of subunits, both staff and line. Today, the executive departments vary a great deal in terms of visibility, size, and importance. Chapter 15, Section 3

  39. The Cabinet is an informal advisory body brought together by the President to serve his needs. By tradition, the heads of the executive departments form the Cabinet. The President appoints the head of each of the executive departments, which are then subject to Senate approval. Cabinet members serve as both head of their respective departments and as advisors to the President. The Cabinet Chapter 15, Section 3

  40. Loretta Lynch Confirmation

  41. Comparing and Contrasting the Cabinet & White House Staff White House Staff Cabinet

  42. Comparing and Contrasting the Cabinet & White House Staff White House Staff Cabinet * Chosen by the president. No confirmation needed *Work closely with the President on a day to day basis. *advisors to the President On broad policy issues *Are directly responsible for representing the views of the President. *Policy formation * Nominated by the Pres. but must be confirmed by the Senate. *Advisors on narrow policy issues. *Typically not involved in day-to-day communication with the President. *Are the Administrative heads of their own dept. which might affect their priorities. *Policy Implementation * selection by the president. * work on policy *Serve as advisors

  43. The Federal Bureaucracy

  44. Independent Agency: • Separate from Cabinet • 100+ • Heads appointed by President

  45. Independent Agencies Serve: The Executive Branch The public interest

  46. Regulatory Commissions: • Independent of all 3 branches • Appointed by President, BUT… • Make rules for large industries and businesses

  47. A Controversial Necessity?? • Video Link

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