Chapter 6: The Presidency Section 2: The Powers of the Presidency (pgs

Appointment & Removal Powers Today the president directly appoints around 3,000 people. Often the president will reward his supporters by appointing them to key positions. A third are subject to “advice & consent” of the Senate, like justices, judges, ambassadors, cabinet members, and military advisers. Most serve “at the pleasure of the president,” but he cannot fire federal judges and justices that serve for life. Only the Senate can impeach them.

Executive Orders This is a formal rule or regulation instructing executive branch officials on how to carry out their jobs. They have the force of law and give the president great power. They are not in the Constitution but presidents use them to take “care that the laws be faithfully executed” (Article II Section 3). They are used to clarify laws, or to establish rules for an executive agency. Executive Order 9066

Executive Privilege This power allows a president to refuse to release information to Congress or a court, b/c of national security or to protect their advisers. This power is often disputed by the other branches Example: Watergate in the early 1970s and the Supreme Court case United States v. Nixon

Diplomatic Powers As foreign policy leader, the president represents the U.S. in its interactions with foreign governments The president’s treaty making power is limited by Congress. Two-thirds of the Senate has to approve of the treaty. The president can also make executive agreements, these are agreements between the president and the head of a foreign government, these don’t need Senate approval. The president also has the power of diplomatic recognition, which is a formal recognition of the legitimacy of a foreign government.

Military Powers As commander in chief, the president has the responsibility to ensure the defense & security of the nation & its interests around the world. Presidents have called out the armed forces more than 200 times but Congress has only declared war 5 times Korea & Vietnam were not declared wars by Congress. After Vietnam, Congress passed The War Powers Act in 1973, which requires the president to come before Congress b/w 60 to 90 days of military forces engaged in a conflict and ask Congress for permission. Presidents have said this law is unconstitutional.

Legislative Powers The president has great power to influence the work of Congress as the chief agenda setter. Through the annual State of the Union and he can suggest legislation at any time. Of course his main legislative power is the veto. It is very difficult to override a veto- Two-thirds vote of Congress.

Judicial Powers The president gets to nominate federal judges and justices. This way he can pick people that have the same opinions as he does. The president also has the power to grant a reprieve or pardons. A reprieve postpones the carrying out of a sentence or the length of time a person has to stay in jail. A pardon releases a convicted criminal from having to fulfill a sentence. The president can also offer amnesty, which grants a group a pardon. The president also can has the power to commute, or reduce a person’s sentence. Presidents can only use these tools in federal cases, not state cases.

Informal Powers Today, the president can take advantage of TV, radio, & internet reporters that follow him everywhere. As party leader, the people of his party in Congress are expected to follow his lead. In return, he offers support at election time. The president ability to use these tools depends on his popularity at any given time.

Formal Checks on the President Judicial Review- examples Watergate or the line-item veto The Senate can block the president’s choice for top positions and the Senate can block treaties. Congress can also override a presidential veto with two-thirds of the members vote

Informal Checks on the President The media is a major check on the presidential power. The 1st Amendment protects the Press and this allows the press to keep the president in check. Examples: Watergate, Pentagon Papers Public approval is another check on presidential power. If a president has strong public support he can push Congress his way.

Changes in Presidential Power The First 100 Years The Framers created a government based on a separation of powers, & they gave the majority of government power to Congress, and early presidents agreed with this. President Jackson did not agree. He vetoed acts just b/c he did not like them. Congress censured Jackson.

Presidential Power Expands During the Civil War, President Lincoln took on great powers to save the Union. After the Civil War & Reconstruction power went back to the Congress. But in 1901, Teddy Roosevelt saw the office of the president as a “bully pulpit” and used it to take on big business. TR got Congress to give the president power to regulate commerce, protect park lands, and ensure safety of the food supply. FDR got even more power during the Great Depression, with his New Deal. By the 1960s & 1970s people were concerned w/ the imperial presidency.

Presidential Power & the Media Presidents have long relied on the Media to get their message out. Early presidents used printed material. FDR used the radio Modern presidents use the TV & internet. Presidents carefully engineer their message and how it will be received by the press. Intense media scrutiny can quickly damage a president.