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The Growth of Presidential Power

The Growth of Presidential Power. “ The most powerful office in the world.”. President of the United States. From the Constitution. Article II…The Executive Article “The executive Power shall be vested in a President of the United States of America.” What are the competing views?.

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The Growth of Presidential Power

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  1. The Growth of Presidential Power

  2. “The most powerful office in the world.” President of the United States

  3. From the Constitution • Article II…The Executive Article • “The executive Power shall be vested in a President of the United States of America.” • What are the competing views?

  4. What kind of President do you want? • You decide? A.) Weak, subordinate to Congress Or B.) Stronger, Independent, Co-equal chief executive

  5. US Constitution • What Powers does the US Constitution give the President?

  6. Constitutional Powers/Duties • Make Treaties…with Senate Consent • Nomination power…with Senate Consent • Commander in Chief of Army and Navy • Power to grant reprieves and pardons • Fill vacancies • State of Union • Convene both houses…call them to session • Receive ambassadors • “Take care that the Laws be faithfully executed • Commission Officers of United States

  7. The Basis of Expanded Power? • This simple oath… • “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” "I Barack Hussein Obama do solemnly swear that I will execute the office of president to the United States faithfully," Roberts said, flipping some of the words.

  8. Growth of Presidential Power • “I will faithfully execute the Office of President of the United States…” • What does the above quote mean? • “….the most loosely drawn chapter” in the nations most fundamental law.

  9. Why Presidential Power Grown? • “Unity” of Presidency • Only one decision maker • 100 senators • 435 Representatives

  10. Why Presidential Power Grown? • The nations increasing complex social and economic life has influenced the growth of presidential power. • People have demanded an expanded role of government • Transportation, civil rights, labor, education, health, welfare…etc. • Americans have looked to the president for leadership in these matters.

  11. Why Presidential Power Grown? • Extraordinary action in times of national emergency. • Video

  12. Why Presidential Power Grown? • Congress has passed many laws to strengthen the presidency! • Congress creates laws but delegates authority to Executive Branch to carry out the laws. • FDA Created but administered by President…

  13. Why Presidential Power Grown? • Use of mass media FDR “Fireside Chats” Obama – use of texting and internet

  14. Presidents on the Presidency • “The Presidency is a place of splendid misery.” • Thomas Jefferson 1801-1809

  15. Presidents on the Presidency • “The four most miserable years of my life were my four years in the presidency.” • John Quincy Adams 1825-1829

  16. Presidents on the Presidency “What is there in this place that a man should ever want to get into it?” James Garfield 1881

  17. Presidents on the Presidency Now I can have my social life back! Andrew Shepherd- 1992-1996

  18. Presidents on the Presidency “I’m Glad to be going- this is the loneliest place in the world.” William Howard Taft 1909-1913 What would today’s media have said about me getting stuck in the bathtub?

  19. Presidents on the Presidency “The presidency is a prison.” Warren G. Harding 1921-1923

  20. Presidents on the Presidency “Oh, that lovely title, Ex-president.” Dwight D. Eisenhower 1953-1961

  21. Presidents on the Presidency “No one can experience with the President of the United States the glory and agony of his office.” Lyndon B. Johnson 1963-1969

  22. Would you like to be President? • Why? • Why not?

  23. Presidents Executive Powers/Ordinance Power • Oath of Office… “I will faithfully execute the Office of the POTUS.” • Constitution… “he shall take care that the laws be faithfully executed.”

  24. Presidents Executive Powers • Must execute no matter what personal view • Use discretion on how much or how little law is enforced or carried out.

  25. Presidents Executive Powers • Vague language of laws • Immigration • “read and understand some dialect or language.” • How much and to what extent? • Bureau of Citizenship and Immigration Services • Homeland Security • Executive Branch

  26. President’s Ordinance Power • Executive Order- directive, rule or regulation that has effect of law • Not mentioned in constitution but clearly implied…would be hard for the Pres. to do his job

  27. Question? • How does the President affect the application of a law passed by congress?

  28. Answer! • How and if it is enforced!

  29. Appointment Power • May appoint with consent of Senate • Ambassadors/diplomats • Cabinet members/aids • Heads of agencies- CIA • Federal judges/Marshalls and attorneys • Officers in armed forces • +or- 2000 positions

  30. Appointment Power • Can the Senate derail the Presidency by refusing to confirm? • Can the President get around this? • http://www.washingtontimes.com/news/2010/mar/29/gop-hits-obamas-recess-ok-of-nominee/

  31. Appointment Power • Senatorial Courtesy • Get approval of Senators of State where appointee will serve.

  32. Removal Power • Other side of the Appointment Power coin • Should President consent with Senate for removal? • Johnson’s impeachment • General rule..President may remove those who president appoints.

  33. Power to make Treaties • Brokered through Secretary of State. • With “advice and consent” of Senate • President Ratifies when it is exchanged with other parties • “Supreme Law of Land” • Congress may repeal

  34. Executive Agreements • Pact between the President and the head of a foreign state • Do not require Senate “advice and consent” • Most come from congressional action…but they don’t have to.

  35. Power of Recognition • Diplomatic Weapon…gives status to new nations or revolutions • Persona non grata • Withdraw of ambassador or ask nation to recall ambassador from Washington • Or recall US ambassador from another country

  36. Commander in Chief Washington actually took to the battle field to squash the whiskey rebellion!

  37. Commander in Chief Damn you French…Stop harassing our merchant ships! Arrrrrr. Batten down the hatches matey…were goin after them pirates!

  38. Commander in Chief

  39. Commander in Chief • Sent in 1995 and 1999 • Former Yugoslavia • Balkans

  40. Congressional Resolution • Authorize president to use force to meet international Crisis • China vs. Taiwan • Soviet Union vs. Lebanon • Cuban Missile Crisis • Berlin Wall • Vietnam • Iraq wars

  41. War Powers Resolution- 1973 • Stems from America’s Frustration over Vietnam • Limits Presidents use of Military • Report to Congress within 48 hours after deploying troops • Must be removed after 60-90 days if no Congressional approval • Congress can end at any time

  42. Legislative and Judicial Powers • “shall from time to time give to Congress information on the State of the Union, and Recommend to their Consideration such measures as he shall judge necessary and expedient” • Article II, Section 3

  43. Legislative and Judicial Powers • “Message Power” • State of the Union • Budget • Other topics- “necessary to the welfare of the nation”

  44. VETO • Everything Congress votes on goes to the President! • 4 options • Sign Bill into law • Veto..returned to Congress w/explanation • Congress? • Do nothing…becomes law after 10 days • Pocket Veto…if Congress adjourns within 10 days of being sent to president…if nothing is done it dies!

  45. Line Item Veto • Cancel specific “lines” in bill • Most Presidents Want it • Clinton had it • Supreme Court – Unconstitutional • Clinton v. New York • By-pass checks and balances • Constitutional Amendment

  46. Judicial Powers • Reprieve – postponement of Sentence • Pardon- legal forgiveness of Crime • Clemency- mercy or leniency… • No authority regarding State Law • Most done after person has been tried/convicted

  47. Judicial Powers • Most Famous Pardon • “a full, free and absolute pardon unto Richard Nixon for all offenses against the United States which he…has committed or may have committed or taken part in…”

  48. Judicial Powers • Commutation- reduce the length of sentence or fine • Amnesty- Blanket pardon for a group of violators Vietnam draft dodgers are forgiven! I give you Mormons amnesty for your polygamist activities!

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