The Presidency in Action Chapter 14

The Growth of Presidential Power Section 1 The Growth of Presidential Power Single head of the executive branch Influence themselves Social and economic problems Look to the President for leadership National emergencies and war Congress has delegated substantial authority Can attract and hold publics attention Mass media

The Presidential View The nature of the presidency depends on how each President views the office and exercises its power. Two Views: Some Presidents, such as Teddy Roosevelt, have taken a broad view of the powers they inherited. Other Presidents, like William Howard Taft, have felt that they cannot exercise any power not specifically granted to them.

President’s Executive Powers Section 2 President’s Executive Powers President executes (enforces, administers, carries out) the provisions of federal law The oath of office instructs the President to carry out the laws of the land The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed”

The Ordinance Power Executive branch is under the authority of the President President has the authority to issue executive orders, which have the force of law Power to issue these orders arises from two sources: the Constitution and acts of Congress

The Appointing Power President may appoint a handful of officials on his own authority Important offices include: Appointments must be approved by Senate

The Removal Power Impeachment process Constitution does not say how or by whom appointed officials may be dismissed In general, the President may remove any appointees except federal judges.

Tenure of Office Act (1867) Any person appointed by the President w/Senate approval could not be removed until a successor had been picked by the Senate

Myers V. United States (1926) Found 1876 law to be unconstitutional Court ruled that the power to remove was an essential part of the executive power

Humphrey’s Executor V. United States (1935) Law provides that a member of the commission may be removed only for “inefficiency, neglect of duty, or malfeasance in office” Court did say Congress had the right to determine the conditions that a person may be removed from the commission

Diplomatic and Military Powers Section 3 Diplomatic and Military Powers President has power to make treaties Treaty is a formal agreement between two or more sovereign states All treaties must be approved by two thirds vote in the Senate ONLY Senate may ratify or disapprove treaties Turned down the Treaty of Versailles because it contained a clause for a League of Nations

Executive Agreements An agreement between the President and the head of a foreign state Does not require approval from the Senate Main difference between a treaty and executive agreement is that it lasts only as long as the executives who made the deal are in office.

The Power of Recognition U.S. President will acknowledge the legal existence of another country and its gov’t Does not mean we approve of the conduct and character of another Show displeasure w/a country by asking them to recall of that nations ambassador or other diplomatic in this country Persona non grata – unwelcome person

Commander-In-Chief President is Commander-in-chief Shares the war powers with Congress President has final say on all military matters in the U.S. Only Congress can declare war President has often used military w/o formal declaration of war President has greater power during war than during peace President may use armed forces to keep the peace in times of domestic upheaval

Section 4 Chief Legislative President uses the “message power” to influence legislation State of the Union Budget message Annual economic report President also recommends specific legislation to Congress

President has the power to veto legislation Major weapon the President has To override the veto takes two-thirds vote of both Houses May only veto entire bill, not a portion of a bill President may call special sessions of Congress President may also adjourn Congress

Judicial Powers Presidents may grant clemency on federal laws only Reprieve – postponement of the execution of a sentence Pardon – legal forgiveness of a crime Government may grant clemency in cases involving state law

President may also commute sentences and grant amnesty Commutation – power to reduce the length of a sentence or fine that has been imposed on someone Amnesty – general pardon offered to group of law violators

Cabinet Informal advisory group brought together to serve the President Not created by Constitution 15 Cabinet Positions State 10. Treasury Defense 11. Attorney General Interior 12. Agriculture Commerce 13. Labor Energy 14. Education Transportation 15. Veteran Affairs Health and Human Services Housing and Urban Development Homeland Security

Cabinet’s Role Advisers to the President Some Presidents have placed more importance on their cabinets than others