5-4: Executive AND JUDICIAL Powers of the President

Big Idea: Constitutionalism Enduring Understanding: The presidency has been expanded beyond its expressed constitutional powers. Learning Objectives: Explain how the president can implement a policy agenda. Explain how the president’s agenda can create tension and frequent confrontations with Congress.

President as Chief Executive Executive Power President as Chief Executive Enforces provisions of laws Administers bureaucracy Issues executive orders

Officials appointed by President Appointment Power Officials appointed by President Cabinet members Cabinet top aides Heads of independent agencies Ambassadors Federal judges and attorneys Each position is subject to Senate confirmation Senatorial courtesy Removal power

15 executive departments The Cabinet 15 executive departments 14 cabinet heads and attorney general Employs 2/3 of federal civilian employees Cabinet independence Career civil servants Competition with Congress Ties with interest groups

Executive Office of the President Office of Management and Budget (OMB) Prepares the federal budget Allocates money to cabinet departments National Security Council Foreign policy/military advisers VP, Secs. of State/Defense, National Security Advisor, etc. Council of Economic Advisors

Key aides such as Chief of Staff and Press Secretary White House Staff Key aides such as Chief of Staff and Press Secretary Oversee political and policy interests of the President Extremely loyal President can appoint and dismiss without Senate approval Can carry out executive orders

Think of edicts, decrees, commands Carries the force of law Executive Orders Think of edicts, decrees, commands Carries the force of law Comes from constitutional executive power No congressional consent Subject to judicial review Not often used to create policy but rather to enforce or not enforce existing laws Often used in emergencies

Notable Executive Orders 1863—Lincoln: Emancipation Proclamation 1942—Roosevelt: Japanese Internment 1957—Eisenhower: Desegregation of Schools

Pardon Reprieve Legal forgiveness of a crime Notable pardons Pardons and Reprieves Pardon Legal forgiveness of a crime Notable pardons Andrew Johnson (Confederate soldiers) Gerald Ford (Richard Nixon) Gerald Ford (Vietnam draft dodgers) Ronald Reagan (George Steinbrenner) Reprieve Postponement of a sentence Generally in death penalty cases Allows more time for an appeal

Appoints all federal judges Judicial Nominations Appoints all federal judges District courts Courts of appeals Supreme Court Confirmed by Senate majority vote Senate Judiciary Committee hearings Senatorial courtesy Unwritten tradition No confirmation if nominee is opposed by a senator from the majority party in the state in which the judge would serve

Factors that influence choice Judicial Nominations Factors that influence choice Ideology (liberal/ conservative) Interpretation of the Constitution (loose/strict) Federal judges appointed for life Insulated from politics Removed only through impeachment process

Confidential communications do not have to be disclosed Executive Privilege Confidential communications do not have to be disclosed Presidents can withhold information from congressional investigations Constitutional justification separation of powers national security U.S. v. Nixon (1974)—no guarantee of executive privilege Clinton—aides had to testify in Lewinsky case