The Presidency in Action The Growth of Presidential Power

Article II, Sec 1 The Executive Article The executive Power shall be vested in the President of the United States of America. Very broad and vague in defining the “powers”

Growth of Power Unity: President is one person, elected by people of the entire nation Growth of the United states in size, population, industry, and technology has meant the Federal Government has taken a bigger role in providing services and meeting the needs of a large nation and its people. President is looked to for leadership Need for decision making in times of crisis and war Congress has made plenty of laws to give the President more power President is always in the public eye to build support for his policies, usually through mass media

Limits on the growth of power Congress Truman tried to seize control of steel mills during the Korean War because of a labor dispute Congress acted under the commerce power that only they could seize private property during wartime Supreme Court Courts can step in and tell President when he is overstepping their power G.W. Bush tried to set up military tribunals for “enemy combatants” @ Guantanamo Only Congress can set up courts, it violated the Uniform Code of Military Justice, and a treaty (the Geneva Conventions of 1949)

Take Care Clause “…he shall take Care that the Laws are faithfully executed.” Covers all federal laws, no matter their own personal views Social Security, terrorism, affirmative action, minimum wage, immigration, environmental protections, taxes, marijuana laws? Executive Branch interprets as well as executes and enforces the law Congress writes the general policies of the law, the Executive branch handles the fine print day-to-day admin of the law

Ordinance Power Executive Orders: directives, orders, or regulations that have the effect of laws Obama: Just the last few years Bush: 8 years worth FDR had the most…by a mile Constitution doesn’t mention these powers, but anticipated its use. Congress expects the President to use the power of the office to run the programs they have approved

The Appointment Power Appoints about 3000 of the almost 3 Million civilians who work in Executive Branch departments. (over 4M if you count military) Nominees must go through Senate approval Ambassadors and diplomats; Cabinet members and top aides; heads of independent agencies; all federal judges, U.S. marshals, and attorneys; and all officers in the armed forces Senate Committee hearings Senate debates Confirmed or rejected Recess appointments: Senate doesn’t like b/c no confirmation process

Executive Privilege Presidents can refuse to disclose certain information to Congress or the federal courts Often conversations with closest advisors Some claims of national security Tough situation: Congress wants to know certain things from Presidents or Exec Branch officials. Courts don’t like to get involved with disputes between the different branches, except… NIXON!