DAILY QUESTION: DAILY QUESTION: 4/27/16 4/27/16 Name an expressed power of the president. Name an expressed power of the president.

Daily Question: Daily Question: 4/28/16 Name an implied power of the president.

Where Does the President’s Power Come From? Article II of the Constitution – called the Executive Article Article II of the Constitution – called the Executive Article Most vaguely written and loosely interpreted Article of the Constitution Most vaguely written and loosely interpreted Article of the Constitution

The “Imperial Presidency” President’s power is always growing, never shrinking President’s power is always growing, never shrinking Reasons: Reasons: Unity of the presidency – no infighting like in Congress Unity of the presidency – no infighting like in Congress

The “Imperial Presidency” President’s power is always growing, never shrinking President’s power is always growing, never shrinking Reasons: Reasons: National emergencies require someone to act quickly, which only the President can do National emergencies require someone to act quickly, which only the President can do

The “Imperial Presidency” President’s power is always growing, never shrinking President’s power is always growing, never shrinking Reasons: Reasons: Congress creates new executive agencies with new powers for President to oversee Congress creates new executive agencies with new powers for President to oversee

The “Imperial Presidency” President’s power is always growing, never shrinking President’s power is always growing, never shrinking Reasons: Reasons: President can use mass media to attract attention like no one else in government President can use mass media to attract attention like no one else in government

Types of Powers Expressed Powers – clearly written, spelled out in black and white in the Constitution Expressed Powers – clearly written, spelled out in black and white in the Constitution Ex. – “He shall have the power with the advise and consent of the Senate... to appoint ambassadors...” etc. (Article II, Section 2) Ex. – “He shall have the power with the advise and consent of the Senate... to appoint ambassadors...” etc. (Article II, Section 2)

Types of Powers Implied Powers – not written in the Constitution, but reasonably derived from expressed powers Implied Powers – not written in the Constitution, but reasonably derived from expressed powers Ex. – Removal power isn’t specifically mentioned, but implied since he appoints executive branch officials Ex. – Removal power isn’t specifically mentioned, but implied since he appoints executive branch officials

Executive Powers Power to Execute the Law Power to Execute the Law Expressed in the Oath of Office, also at the end of Article II Expressed in the Oath of Office, also at the end of Article II Gives him power to implement all federal laws passed by Congress Gives him power to implement all federal laws passed by Congress

Executive Powers The Ordinance Power The Ordinance Power Implied from power to execute the law Implied from power to execute the law Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law (without Congress’s approval) Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law (without Congress’s approval)

Executive Powers The Appointment Power The Appointment Power Expressed in Article II, Sec. 2 Expressed in Article II, Sec. 2 Gives him power to appoint: Gives him power to appoint: Ambassadors and diplomats Ambassadors and diplomats Cabinet members Cabinet members Heads of agencies Heads of agencies Judges and U.S. Attorneys Judges and U.S. Attorneys Officers in the armed forces Officers in the armed forces

Executive Powers The Removal Power The Removal Power Implied from President’s Appointment Power Implied from President’s Appointment Power Gives him power to dismiss anyone he appointed Gives him power to dismiss anyone he appointed But not judges! But not judges!

Check for Understanding All of the following are reasons the President’s power consistently grows EXCEPT All of the following are reasons the President’s power consistently grows EXCEPT A. The President’s unique access to mass media A. The President’s unique access to mass media B. Americans’ demands for greater checks and balances B. Americans’ demands for greater checks and balances C. The vague ambiguity of Article II’s description of the President’s powers C. The vague ambiguity of Article II’s description of the President’s powers D. National crises and emergencies that require swift executive action D. National crises and emergencies that require swift executive action

Check for Understanding Expressed powers are those powers that are Expressed powers are those powers that are A. specifically identified in the Constitution A. specifically identified in the Constitution B. reasonably assumed, but not specifically stated in the Constitution B. reasonably assumed, but not specifically stated in the Constitution C. automatically given to all national governments C. automatically given to all national governments D. left to the states to exercise D. left to the states to exercise

Check for Understanding One of the President’s expressed powers is his One of the President’s expressed powers is his A. power to issue executive orders A. power to issue executive orders B. power to remove executive officials from office B. power to remove executive officials from office C. power to amend the Constitution C. power to amend the Constitution D. power to execute the law D. power to execute the law

Check for Understanding Most of the powers of the President are expressed in Most of the powers of the President are expressed in A. Article I of the Constitution A. Article I of the Constitution B. Article II of the Constitution B. Article II of the Constitution C. Article III of the Constitution C. Article III of the Constitution D. the Amendments to the Constitution D. the Amendments to the Constitution

Check for Understanding Which of the following appointed officials is the President UNABLE to remove from office? Which of the following appointed officials is the President UNABLE to remove from office? A. A 4-star General in the Army A. A 4-star General in the Army B. A federal judge on District Court B. A federal judge on District Court C. The Secretary of State C. The Secretary of State D. The Ambassador to the United Nations D. The Ambassador to the United Nations

Foreign Relations Powers Power to make treaties Power to make treaties President negotiates, Senate approves with a 2/3 vote President negotiates, Senate approves with a 2/3 vote

Foreign Relations Powers Power to make executive agreements Power to make executive agreements Like treaties, but without Senate approval Like treaties, but without Senate approval

Foreign Relations Powers Power of Recognition Power of Recognition Acknowledgement of legal existence of a country or government Acknowledgement of legal existence of a country or government Countries that recognize one another trade diplomats Countries that recognize one another trade diplomats President can kick diplomats out, declaring them persona non grata President can kick diplomats out, declaring them persona non grata

Legislative Powers Power to propose laws Power to propose laws Expressed in Article II, Section 3 Expressed in Article II, Section 3 State of the Union Address – required once a year to update Congress and recommend new policies State of the Union Address – required once a year to update Congress and recommend new policies

Judicial Powers Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!) Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!) Reprieve – postpone a sentence Reprieve – postpone a sentence Pardon – forgive a crime Pardon – forgive a crime Commutation – shortening a sentence Commutation – shortening a sentence Amnesty – forgiveness for a large group of lawbreakers Amnesty – forgiveness for a large group of lawbreakers

Check for Understanding The difference between a treaty and an executive agreement is that The difference between a treaty and an executive agreement is that A. executive agreements are more permanent A. executive agreements are more permanent B. treaties are legally binding, but executive agreements are not B. treaties are legally binding, but executive agreements are not C. treaties require Senate approval, but executive agreements do not C. treaties require Senate approval, but executive agreements do not D. all of the above are true D. all of the above are true

Check for Understanding The power of recognition is the power to The power of recognition is the power to A. open official relations with a foreign government A. open official relations with a foreign government B. forgive a criminal of their crime B. forgive a criminal of their crime C. honor and award outstanding government officials C. honor and award outstanding government officials D. promote military officers to higher ranks D. promote military officers to higher ranks

Check for Understanding The clemency powers generally give the president the power to The clemency powers generally give the president the power to A. conduct foreign relations A. conduct foreign relations B. monitor and control judicial branch decisions B. monitor and control judicial branch decisions C. grant leniency or forgiveness to criminals C. grant leniency or forgiveness to criminals D. remove members of Congress D. remove members of Congress

Check for Understanding A reprieve is used to A reprieve is used to A. forgive someone of their crime A. forgive someone of their crime B. delay the execution of a sentence B. delay the execution of a sentence C. reduce a criminal sentence C. reduce a criminal sentence D. forgive all who have violated a certain law D. forgive all who have violated a certain law

Check for Understanding The president would not be allowed to use his clemency powers on someone who The president would not be allowed to use his clemency powers on someone who A. committed a serious federal felony A. committed a serious federal felony B. had evaded paying their taxes for many years B. had evaded paying their taxes for many years C. was a terrorism suspect C. was a terrorism suspect D. committed a crime under state law D. committed a crime under state law

What Determines Whether a President is Effective or Not? Richard Neustadt’s Theory of Presidential Power: Richard Neustadt’s Theory of Presidential Power: The power of the presidency is determined by his ability to persuade 5 “constituencies” of people The power of the presidency is determined by his ability to persuade 5 “constituencies” of people

Neustadt’s 5 Constituencies The Public The Public His Party His Party The Bureaucracy The Bureaucracy Congress Congress Foreign Nations Foreign Nations Neustadt rates presidents based on how they do with each of these groups Neustadt rates presidents based on how they do with each of these groups

Neustadt’s 5 Constituencies The important thing in Neustadt Ratings is not how often you get what you want The important thing in Neustadt Ratings is not how often you get what you want It is how often you take steps to improve your chances of getting what you want in the future It is how often you take steps to improve your chances of getting what you want in the future