Chapters 14- The Growth of Presidential Power

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Presentation transcript:

Chapters 14- The Growth of Presidential Power The Presidency Chapters 14- The Growth of Presidential Power

Article Two of the Constitution Rule Book for the Executive Branch!

Powers given to President in Constitution Executive Powers Appointment Power & Removal Powers Ordinance Power- Executive Orders (Informal Power) Executive Privilege (Informal Power) Execute the Laws Legislative Powers Military Powers Convene Congress Commander & Chief Veto Or pass a bill Diplomatic Power Judicial Powers Power to Make Treaties Grants, Pardon, Judges Recognize a new country Reprieves & amnesty

Legislative Power Power to Convene Congress State of Union Address Once a year Call Congress in to deal with specific issues! Type of legislative power, convene congress, introduce ideas for bills, veto bills…

Legislative Power Veto Power- veto bill passed in Congress Pocket Veto;- At end of Congressional session, once Congress has adjourns, President has 10 days from time bill is sent to the Whitehouse, if he does not approve the bill it will not pass. A way of vetoing without a formal veto. Veto the Law; Congress can override with 2/3 vote

Diplomatic Power Power to Make Treaties Who approves treaties? What is a treaty v. executive agreement? Senate must approve by 2/3 vote! Treaty- Formal agreement between two or more countries- approved by Senate Executive Agreement- pact between President & head of foreign country- Not Approved by Senate Expansion of Pres. Power! Not given in Constitution!

Judicial Power Pardon Power Pardon- issued by Pres. It is legal forgiveness for a crime. President Ford pardoned Nixon for Watergate crimes. Amnesty- issued by Pres. to pardon a large group of people. Pres. Carter gave amnesty to “Vietnam War Draft evaders.” Examples of Judicial Powers that the President has….

Military Power Power of Commander & Chief Leader of the Armed forces of America Army Navy Maries Air force National guard & coast guard Any action involving the military; does not have to be war! Undeclared wars – President has the power to send in combat troops when he deems it necessary Korea, Vietnam, to some degree Iraq & Afghanistan (“war on terrorism”) Congressional resolutions – when Congress authorizes the use of force but does not declare war Example of military power of the President

Formal & Informal Powers Most controversial of President’s power. Executive Power Formal & Informal Powers Most controversial of President’s power.

Who can Pres. nominate/appoint? Executive Power Who can the president appoint to the executive branch? Who must approve? Who can Pres. nominate/appoint? Senate Approves Pres. Has the power to appoint/nominate… Supreme Court Justices Ambassadors Federal Judges President’s Cabinet- 14 departments which are his formal body of advisors Presidential Appointments- Approx. 3,000 Cabinet, Ambassadors, Military officers, Judges… Note, in the executive branch, it is only the President and V.P. that are elected by people, the rest of the huge bureaucracy is not elected.

The Supreme Court, 2010 The Roberts Court, October 2010 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, and Ruth Bader Ginsburg The Roberts Court, October 2010 These justices have extremely important roles in our government; they are judges for the rest of their lives Very influential.

Cabinet secretaries (leaders) nominated by Pres. Executive Power Nominates leaders of all the President’s cabinet departments President’s Cabinet Approved by the Senate Cabinet secretaries (leaders) nominated by Pres. Secretary John Kerry, State

Executive Power Executive Orders – directives, rules, & regulations from the President that have the effect of laws From Ordinance power from the Constitution & Congress Executive Orders – directives, rules, & regulations from the President that have the effect of laws Controversial, no specific provision in the Constitution, In Article 11, “grant of executive power” is applied ! Most executive orders stem from a president's desire to bypass Congress The one sure way of getting rid of an executive order is in the White House. If an administration doesn't like an order from a previous president, it can legally reverse it on its own.

Executive Power Sometimes called Ordinance Power- power to issue executive orders.. Executive Order- is a directive, rule or regulation that has the effect of a law. While the order is not an actual law, it is treated like one. Clinton’s “Don’t ask don’t tell” gays in the military policy This power is an inherent power, not expressed or stated in the constitution. Take Care clause… Obama signs order to raise minimum wage for federal contractors Are NOT approved by the Senate but have the same standing as treaties Cannot violate US law or other treaties Only continue to exist if new President also applies it….

Executive Privilege also an implied/informal power! Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress United States v. Nixon (1973) – Limits to Executive Privilege! Nixon Watergate tapes

Executive Power Executive Privilege Claims by presidents that certain pieces of info are reserved for their eyes only Continues to be a source of disagreement w/ Congress United States v. Nixon, 1974 – ruled against Nixon

Executive powers are an expansion of Presidential power = conflict between other two branches!