The Modern Presidency

1. The Modern Presidency AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

2. 11.3 Constitutional Powers and Duties of the President The Powers of the Presidency Have Grown Substantially in Modern Times... AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

3. 11.3 Constitutional Powers and Duties of the President …Many modern presidential powers are NOT specifically stated in the Constitution. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

4. 11.3 Constitutional Powers • Growing Presidential Power • Broad authority from Congress (discretionary authority) • Public Opinion….. Executive = FIRST BRANCH of Government • Double Edged Sword • Inherent Constitutional Powers • Crises & emergencies = Power • CASE STUDY • Authorization for the use of military force AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

5. 11.3 Constitutional Powers • Military powers • Judicial powers • Executive powers • Diplomatic powers • Legislative powers

6. 11.3 Executive Powers • Basic role of the President is to “execute” or carry out the law. • “The executive power shall be invested in a President of the United States of America.” (Art II, Sec 1, p 1) • “he shall take Care that the Laws be faithfully executed…” (Art. II, sec. 3) • This is one of the most “elastic” phrases of the Constitution.

7. 11.3 Executive Powers • I have used every ounce of power there was in the office and I have not cared a rap for the criticisms of those who spoke of my usurpation of power... I believe that the efficiency of this Government depends upon its possessing a strong central executive… • Theodore Roosevelt, 1908 AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8. 11.3 Executive Powers CASE STUDY: Little Rock Nine AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

9. 11.3 Executive Powers • Presidents can invoke “Executive Privilege” on matters of national security. • U.S. v. Nixon (1974) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

10. 11.3 Legislative Powers • Legislative powers include: • Veto power • State of the Union Address • Budgets • Expected to lead AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

11. 11.3 Legislative Powers • The Veto power • The only expressed legislative constitutional power. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

12. 11.3 Legislative Powers Obama Unveils 2011 Federal Budget / Partisan Bickering (NPR, Feb 11, 2011) • President’s use the OMB to submit budgets to congress AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

13. 11.3 Diplomatic Powers • Head of State • Treaties with Foreign nations… • Requires the “Advice and consent” of the Senate (2/3 rds vote) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

14. 11.3 Diplomatic Powers • Executive Agreements • Diplomatic Recognition AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

15. 11.3 Judicial Powers • Nominates Federal Judges……. Presidents can “Shape” the Court AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

16. 11.3 Judicial Powers • Grant pardons for federal crimes • Ford Pardons Nixon • Audio AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

17. 11.3 Military Powers • “The President shall be Commander in Chief of the Army and Navy of the United States” (Art. II, Sec 2, par 1) • The President’s role as Commander in Chief is perhaps his most vital. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

18. 11.3 Executive & Inherent Powers IN - DEPTH AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

19. In-depth, Directives & Executive Orders • “Presidential Directives” • Most common are “Executive Orders” • Have the force of law • Can be challenged / reversed • National Security Directives and “ findings” AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

20. In-depth, Directives & Executive Orders • Japanese Internment • FDR’s 1942 E.O. 9066 • Court: removal…, though constitutionally suspect, is justified during circumstances of "emergency and peril." AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

21. In-depth, Directives & Executive Orders • Clinton signs an executive order on the rim of the Grand Canyon • Broad congressional statute……… Executive Orders AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

22. Case Study, Inherent Powers & National Security Cheney’s Law • Presidents have claimed so called “inherent” powers. Today, these claims include… • Domestic eavesdropping • Bush Defends Wiretapping • Capture and Render terror suspects • Enhanced interrogation AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

23. Case Study, Inherent Powers & National Security • Nov. 13, 2001 President Bush issued a “finding” dealing with terrorists. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

24. In-depth, Inherent Powers & National Security • “There were a powerful set of shared assumptions that we had in the wake of 9/11, and one of the most powerful was the assumption that we would never be forgiven if we failed to do something that was within the power of our government lawfully to protect the public from a further attack” • Bradford Berenson, Associate White House Counsel To President Bush AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

25. In-depth, Inherent Powers & National Security AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL • John Yoo, Memo (9/25/01) • The President has broad constitutional power to take military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001…..The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations….. The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.

26. In-depth, Inherent Powers & National Security • … to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. -- War Authorization Act, 2001 AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

27. In-depth, Inherent Powers & National Security • Obama signs order to shut down Gitmo (NY Times) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

28. Finis Perfectus Jump to Organization AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL