The President in Action Is being President easy?
“The presidency is a place of splendid misery.”
“The four most miserable years of my life were my four years in the presidency.”
Nobody ever left the presidency with less regret.”
“What is there in this place that a man should ever want to get into it!”
“I have had all the honor there is in this place & have had responsibilities enough to kill any man.”
“The presidency is a prison.”
“I’m glad to be going-this is the loneliest place in the world.”
“No one can experience with the President of the United States the glory & agony of his office.”
“There is no exaltation in the office of the President of the United States- sorrow is the proper word.”
“Oh, that lovely title, ex-president.”
Article II, known as the Executive Article, establishes the powers of the Presidency. Command the armed forces Make treaties Approve or veto acts of Congress Send & receive diplomatic representatives Grant pardons & reprieves See that the laws are faithfully executed.
Why has the President’s power grown? Throughout history those who have wanted stronger presidents have always prevailed. The nation’s complex social & economic life has encouraged growth of presidential power. ex: civil rights, technology, education In case of national emergency (war) Congress has even passed laws which have given more power to the executive branch (Patriot Act)
What does President’s think? Strong presidents like Theodore Roosevelt described their job as a “steward ship,” which means they have a very broad, unspecified amount of power; see quote pg. 392.
Many members of the mass media however have described the presidency as imperial or acting secretly without the consent of the Congress.
The President’s Executive Powers “The execution of the laws is more important than the making of them.” Thomas Jefferson
As you know the President has certain implied & expressed powers Executing the law -expressed- can uphold & carry out all federal laws, with some discretion in interpreting & enforcing them Ordinance Power -implied- issue orders & delegate responsibility within the bureaucracy Appointment Power -expressed- appoint some officials on his own authority & appoint other officials with the Senate’s approval. Ex: ambassadors, cabinet members, federal judges
Cont…. Removal Power –implied- remove any person he or she has appointed, *except for federal judges; Congress can limit this in regards to heads of independent agencies. (Myers v. U.S. 1926)
???? What is the difference between implied & expressed powers?
Remember before the President can do any of these things he or she must: take the oath of office & “shall take care that the laws will be faithfully executed
Diplomatic & Military Powers Make treaties: a formal agreement between two or more sovereign states Once a treaty is negotiated it must be approved by 2/3 vote in the Senate. Sometimes a President may push for a joint resolution if Senate doesn’t pass a treaty. A joint resolution only requires a majority vote in both houses/ that being the case with Tyler & Texas in 1845 and McKinley & Hawaii in 1898.
Once a president recognizes the existence of a country & its government, that country is guaranteed its existence. (Panama 1903 & Israel 1948). If that country falls in disfavor, the president will call for a persona non grata, which declares that country’s ambassador unwelcome & rebukes recognition of that country.
The President’s powers as commander in chief are almost limitless particularly during wartime. Washington- Whiskey Rebellion of Jefferson & Madison- Barbary Coast early 1800s Truman- Korea G.H.W. Bush- Panama 1989 & Iraq 1991 Clinton- Haiti 1994, Bosnia 1995 & 1997 G.W. Bush- War on Terror present *In 1973 the War Powers Resolution stated the commander in chief’s war powers. Pg. 403 textbook
Legislative & Judicial Powers “each branch of the Federal government has the necessary constitutional means & personal motives to resist encroachments of the others.” Madison (The Federalist No. 51)
What messages does the President usually send to Congress? State of the Union message- delivered in person to Congress. President’s budget message Annual Economic Report.
When Congress passes a measure what are the President’s options? SSSSign the bill into law VVVVeto the bill NNNNot sign it, allowing it to become a law PPPPocket veto, not sign a bill at the end of a congressional session, which does not allow it to become a law AAAAlso President’s have always favored an expansion of line-item veto, which would allow them to cancel specific dollar amounts in spending.
Article II, Sec. 3 President may call Congress into special session (Truman, 1948) If the 2 houses can’t agree, the President can prorogue (adjourn) the session
Article II, Sec. 2 – Reprieves & Pardons Reprieve- postponement of the execution of a sentence imposed by a court. Pardon- legal forgiveness of a crime. (Ford pardons Nixon 1974). Clemency- mercy leniency given in cases involving federal offenses *(NOT STATE)* Amnesty- a general pardon offered to a group of lawbreakers (1977 Carter grants amnesty to Vietnam draft dodgers). Commutation- a reduction in the severity of a sentence or fine imposed by a court.
*one pardon was denied (see Burdick v. United States 1915, pg ).