Ch. 14 The President in Action

Ch. 14 Where Does the President’s Power Come From? Article II of the Constitution – Vaguely written and loosely interpreted

The “Imperial Presidency” President’s power is always growing, never shrinking Reasons: POTUS doesn’t argue with himself like Congress or the Courts

The “Imperial Presidency” Reasons: Life’s complexities & people look to the President to fix problems

The “Imperial Presidency” Reasons: National emergencies require someone to act quickly, which only the President can do

The “Imperial Presidency” Reasons: Congress creates new programs, commissions, or agencies which executive branch must oversee

The “Imperial Presidency” Reasons: President can use mass media to attract attention

Types of Powers Expressed Powers – spelled out in the Constitution Ex. – “The President shall be commander-in-chief of the Army and Navy of the United States” – Article II, Section 2

Types of Powers Implied Powers – reasonably derived from expressed powers Ex. - When Air Force and Marines were created, control was implied to belong to the president

Executive Powers Power to Execute the Law Expressed in the Oath of Office Gives him power over all federal laws passed by Congress

Executive Powers The Ordinance Power Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law

Where does the power of the executive order come from? There is nothing in the U.S. Constitution that directly speaks of executive orders. Executive power, however, is laid out in Article II and details the responsibilities of the President of the United States. Specifically, when executive orders are looked at, the focus turns to Article II, section 3: “The President shall take care that the laws be faithfully executed.”

Controversial Use of Executive Orders The purchase of Louisiana by Thomas Jefferson from Napoleon was made by an executive order under the doubtful theory that this power was indirectly vested in the presidency to produce treaties. Recent reviews have considered this act as an unconstitutional use. In 1861, Abraham Lincoln suspended the right of habeas corpus and seized the railroads and telegraph system for military use. Some scholars call this the era of “constitutional dictatorship,” during which the government was running with clear opposition from Congress. During Word War II, FDR used many executive orders, and among these was the decision to create the Japanese internment camps.

POTUS Executive Orders JFK 214 LBJ 325 Nixon 346 Ford 169 Carter 166 Reagan 381 GHW Bush 166 Clinton 364 GW Bush 291 Obama 221 I want my way

Executive Powers The Appointment Power Gives him power to appoint: Ambassadors & diplomats Cabinet members Heads of agencies Judges & U.S. Attorneys Officers in the armed forces

But not judges! Executive Powers The Removal Power Gives him power to dismiss anyone he appointed But not judges!

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

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

Foreign Relations Powers Power of Recognition Acknowledgement of legal existence of a country or government

Foreign Relations Powers President can kick diplomats out, declaring them persona non grata

Legislative Powers Power to propose laws The State of the Union Address, where the President must inform the nation once a year of our present situation

Judicial Powers Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!)

Judicial Powers Reprieve – postpone a sentence Pardon – forgive a crime Commutation – shortening a sentence Amnesty – forgiveness for a large group of lawbreakers

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

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

Neustadt’s 5 Constituencies read only The important thing in Neustadt’s 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