Institutions of American Government Module 4.2: The Presidency Section 6: Special Powers of the President

Executive Orders & Proclamations Executive Orders and Proclamations Executive Orders Directions to officers of the United States Have force of law within the Administration Remain in effect throughout the president’s term unless the president rescinds the order Proclamations Combines Executive Orders with Message Power

Message Power Power to inform the American public of executive orders Power to inform the American public of executive intent Power to give information ‘from time to time’ about the State of the Union Power to preempt regular media broadcasting in the event of an emergency affecting the United States

Initiative and Discretion Power to propose legislation Most often used in the budget process Administration drafts an Executive Budget Proposal to submit to Congress Congress reconciles Executive Budget Proposal with Congressional Appropriations Initiatives therefore subject to the legislative process Executive & Administrative Discretion Power to enforce law according to one’s interpretation Deferment Power to delay the disbursement of federal funds to an agency or program Replaces Impoundment power (removed by act of Congress)

Executive Privilege Power to withhold information from Congress Used (and abused) to block Congressional inquiry into executive branch activities Limited to “national security” issues Limited by the “clear and present danger” test Administration must make a “reasonable argument” that releasing information may threaten “national security”

Emergency Proclamations Declaration of states of emergency Suspension of habeas corpus Suspension of civil liberties Impressments into federal service State-level agencies Private sector industries War Powers President is the Commander in Chief of the Armed Forces President may issue E.O. sending armed forces into hostile T.O.s Ostensibly limited by the War Powers Act

Emergency Power Controversy Some emergency powers require declarations of war Only Congress can declare war President may send armed forces into combat without a declaration of war Some emergency powers may conflict with the separation of powers Checks on Emergency power Congressional acts and appropriations Judicial controversies