Sources of Presidential Power Chapter 9 : Lesson 1 Sources of Presidential Power

Essential Question What powers does the Constitution grant to the executive branch and the president?

Inherent Powers: powers not described in the Constitution, but have been claimed by presidents.

Executive Privilege: the right of the president and other high ranking executive officers to refuse to testify before Congress or a court

Question Why do you think that the founders created the office of President with Caution?

Answer: Did not want one person with too much power

Question The executive branch carries out or enforces the laws of which branch of government?

Answer: Congress Photo of the 38th Congress

Question Why do you think that they gave the President the power of being Commander-in-chief? Why do you think that the founders did not make it a requirement for the President to have military experience?

Answer: They wanted a civilian who would not always want war

Constitutional Powers Informal Power

Constitutional Powers The Founders had two reasons to give the national government a strong executive: One of the main weaknesses of the Articles of Confederation was its lack of an independent executive to carry out the acts of Congress. Many of the Founders distrusted direct participation by the people in decision making.

Constitutional Powers (cont.) Article II, Sections 2 and 3 define the president’s powers: The president is commander in chief of the armed forces, responsible for national security. The president appoints, and the Senate confirms, the heads of executive departments.

Commander in Chief

Constitutional Powers (cont.) The president conducts foreign policy—making treaties (with the Senate’s approval) and appointing ambassadors. The president appoints federal court judges, can pardon those convicted of federal crimes and can reduce a person’s jail sentence or fine.

Constitutional Powers (cont.) The president ensures that the laws Congress passes are “faithfully executed.” The president delivers an annual State of the Union message to Congress, proposes legislation, and can call Congress into special session when necessary. Comparing Governments

Informal Sources of Power A number of presidents have expanded the powers of the executive because of their beliefs about the office. Thomas Jefferson purchased the Louisiana Territory from France. Theodore Roosevelt said that the president has the right and duty to “do anything that the needs of the Nation demanded, unless such action was forbidden by the Constitution or by the laws.”

Thomas Jefferson Louisiana Purchase

Informal Sources of Power (cont.) Some presidents expand their power based on the immediate needs of the nation: During the Civil War, Abraham Lincoln suspended the writ of habeas corpus and jailed opponents of the Union without trial or the legal authority to do so. During the Great Depression Franklin D. Roosevelt expanded the role of the federal government in the economy.

Informal Sources of Power (cont.) Following the terrorist attacks of 2001, George W. Bush gained sweeping authority from Congress to fight terrorism. A mandate—the expressed will of the people, often in an election—is one of the greatest sources of political power. Major newspapers, magazines and the Internet provide a forum, or medium for discussion, for presidential messages.

Question How did each of these Presidents use informal sources of Power to expand the powers of the President?

By doing things that had never really been done before. Answer By doing things that had never really been done before.

Limits on Executive Power (cont.) Public opinion can also affect a president. Without favorable public opinion, no president can carry out a political program.

8 ROLES OF THE PRESIDENT: Constitutional 1. Chief Legislator A. Powers 1. Proposes legislation 2. Signs laws - sometimes uses “signing statements”   a. Notice of his interpretation of the law, how he intends to enforce it, or even IF he intends to at all b. Under Reagan, only 75 issued. By Jan. of 2008, Bush had issued 157 c. Critics claim that, in effect, these give the president a line item veto

ROLES OF THE PRESIDENT: Constitutional B. Vetoes legislation   C. Calls special sessions of Congress D. Makes State of the Union Address to Congress E. Checks on this power 1. Congress need not pass suggested legislation 2. Congress can override veto with 2/3 majority in both houses  

ROLES OF THE PRESIDENT: Constitutional 2. Chief Executive A. “Take care” clause of Article II requires that Pres. enforces laws, treaties, and court decisions. This clause has also been used to justify: 1) Impoundment 2) Lincoln’s suspension of habeas corpus Electronic eavesdropping by George W. Bush Admin. 3) Foreign Intelligence Surveillance Act (FISA) enables President to go to secret FISA court to obtain warrants for conducting surveillance President Abraham Lincoln

ROLES OF THE PRESIDENT: Constitutional B. Appoints officials to office, and can fire them C. Issues executive orders to carry out laws/don’t need congressional approval 1) FDR’s executive order #9066 to intern Japanese-Americans during WW II 2) LBJ's executive order #11246 that required affirmative action programs for federal contractors 3) George W. created Office of Homeland Security after 9/11. (Later made a Cabinet Dept. by Congress) FDR’s Executive Order 9066

ROLES OF THE PRESIDENT: Constitutional D. Checks on power 1. Congress passes the laws and has the "power of the purse“ 2. Senate can reject appointments and treaties 3. Impeachment (by House) and removal (by Senate) 4. Supreme Court can strike down executive orders

ROLES OF THE PRESIDENT: Constitutional 3. Commander in Chief A. Powers 1. Head of the armed forces B. Checks on power 1. Congress appropriates for the military 2. Congress declares war 3. War Powers Act of 1973 (covered later)

ROLES OF THE PRESIDENT: Constitutional 4. Chief Diplomat A. Powers 1. Sets overall foreign policy (confirmed by US v. Curtiss- Wright, 1936) 2. Appoints and receives ambassadors 3. Negotiates both treaties and executive agreements 4. Negotiates executive agreements with leaders of other nations that require simple majority consent of both houses of Congress - Example: NAFTA 5. Gives diplomatic recognition to foreign governments B. Checks on power 1. Congress appropriates funds for foreign affairs 2. Senate can reject ambassadors and treaties

ROLES OF THE PRESIDENT: Constitutional 5. Chief of State A. Powers 1. The ceremonial head of our nation, e.g., tosses out the first ball of the baseball season, bestows the medal of honor, visits areas struck by natural disaster 2. Most nations separate the Chief Executive and Chief of State roles (e.g., Britain has a prime minister and a monarch, respectively), but the office of the presidency combines both of these roles

ROLES OF THE PRESIDENT: Constitutional 6. Chief Jurist A. Powers 1. Appoints federal judges 2. Issues pardons and amnesty B. Checks on power 1. Senate can reject judicial appointments 2. Senators can place “holds” on appointments 3. Senators can filibuster nominations

ROLES OF THE PRESIDENT: Non-Constitutional 7. Chief of Party (Head of Political Party) A. Selects the party's chairman of the national committee and V.P. nominee B. Political patronage 8. Chief Economist A. Responsible for the overall health of the economy B. Proposes the federal budget – Congress must pass it

Review Question: Due at end of CLASS Chapter 9 : Lesson 1 Read pages 260-265 and answer Review Questions on page 265. Hand in Google Class Room.