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Presidential Powers. Reasons for Growth in Presidential Power Unity: powers held by one person Need for immediate and decisive action Congress increase size of gov’t ; exec. branch carries it out Use public and media to advance goals
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Reasons for Growth in Presidential Power • Unity: powers held by one person • Need for immediate and decisive action • Congress increase size of gov’t; exec. branch carries it out • Use public and media to advance goals • The Constitution and Supreme Court cases have somewhat limited the President’s growth in power • Imperial Presidency: modern idea; President takes actions without consulting Congress. Makes President less accountable to public and Congress.
Executive Powers • Execute the Law: All federal laws. Finer points have to be worked out by exec. branch. • Ordinance Power: Can issue executive orders – directives and rules that have the effect of law • Appointment Power: Chooses ambassadors, Cabinet members, federal judges, military officers. Senate must confirm nominees. • Removal Power: President has freedom to dismiss officials he appoints, except federal judges • Executive Privilege: Pres. can withhold certain information from Congress and courts. Usually involves conversations with advisors. • Congress does not recognize; courts acknowledge it regarding national security
Chief Diplomat • Make treaties: agreements between countries. Negotiated by Secretary of State. Senate must approve by 2/3 vote. Treaties are legally binding. • Executive agreement: between President and head of another country. Don’t need Senate approval. • Power of recognition: receive diplomats from another country (recognize that country as a member of the family of states) • Persona non grata: Withdraw recognition of diplomat – send back to home country
Commander in Chief • Commander of all armed forces, almost without limit • Many decisions left to military officers, but Pres has final say • Often use armed forces abroad without declaration of war (Vietnam, Afghanistan, Iraq) • Congress has enacted joint resolutions to support the President’s use of force • War Powers Resolution: President can put military into combat only if Congress has declared war, authorized the action, or if an attack on the US has occurred. Largely ignored by Presidents.
Legislative Powers • Initiates, suggests, and demands much major legislation • Veto Power: Reject a law, send it back to Congress • Pocket Veto: Bill dies at the end of a Congressional session if Pres. does not act on it • Powerful way to influence Congress; modern Presidents have used it more • Signing statements: explain how a new law will be enforced, or reject certain provisions as unconstitutional • Line-item veto: President would have power to cancel specific parts of a law. Currently must accept or reject all of it. • Pro: Tool against wasteful spending • Con: Give too much power to the President
Judicial Power: Grant reprieves and pardons (in federal cases) • Reprieve – postponement of a sentence • Pardon – forgiveness of a crime • Ford pardoned Nixon of any crimes he committed before any charges were brought against him • Commutation: President has power to reduce fine or length of sentence imposed by court • Amnesty: blanket pardon to a group of law violators (Carter 1977: Vietnam War draft evaders)