Warm Up The amount of power given to the President by the Constitution has not changed much from its original form, yet the Presidency is much more powerful. Why do you think this is? (Think about 20th Century American history)

Executive Orders and Executive Privilege Executive Order: directive, rule, or regulation issued by a chief executive or subordinates based upon constitutional or statutory authority and having the force of law The President must have the authority to use these in order to exercise his powers to enforce laws Executive Privilege: the President’s power to refuse to disclose information Cannot be used to prevent evidence from being heard in a criminal proceeding (U.S. v. Nixon, 1974)

Executive Orders and Executive Privilege Executive Discretion: in executing and enforcing law, the executive branch also interprets it unless the Courts say otherwise Laws written by Congress are often broad, so it is up to the President to determine the interpretation of the law and how the law will be applied on a day-to-day basis These decisions are carried out through executive orders and signing statements

Presidential Power The formal powers of the President have not changed much since 1787, yet the actual amount of power has grown a lot The Founding Fathers were nervous about giving 1 person a lot of power to enforce laws Throughout the nineteenth century, most Presidents took a restrained approach to leadership

Growth of Presidential Power Andrew Jackson regularly became involved in important policy questions He used the veto more than any other President

Growth of Presidential Power Abraham Lincoln's 1863 Emancipation Proclamation freed Confederate slaves but scholars still debate whether it rested on any firm constitutional foundation Roosevelt’s Stewardship Theory: Presidents should not merely carry out the will of Congress but instead should lead the nation and build public support for particular policy agendas

Growth of Presidential Power “The true view of the Executive function is, as I conceive it, that the President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power. . . . Such specific grant must be either in the Federal Constitution or in an act of Congress. . . . There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest. . . . My judgment is that the view of . . . Mr. Roosevelt, ascribing an undefined residuum of power to the President, is an unsafe doctrine.” —William Howard Taft, Our Chief Magistrate and His Powers, 1916

Growth of Presidential Power FDR’s New Deal and the Cold War both led to expanded presidential power Since the Presidency of FDR, Congress has delegated substantial authority to the executive branch to carry out the laws it has enacted Congress has neither the time nor the specialized knowledge to provide much more than basic outlines of public policy

Reasons for the Expansion of Power The Constitution is rather vague on certain aspects of presidential powers, so certain Presidents simply filled the void as they saw fit There are more people that work in the executive branch Many citizens wanted the Federal Government to take a larger and larger role in transportation, communications, health, welfare, employment, education, civil rights, and a host of other fields The need for immediate and decisive action in times of crisis

Recent Developments Critics of what they see as a too-powerful chief executive have condemned what has been called “the imperial presidency“ This implies that the President takes various actions without consulting Congress or seeking its approval—sometimes acting in secrecy to evade or even deceive Congress Others say that in today’s complex and globally interconnected world, the President must be able to react quickly to events at home and abroad

Closing: Evaluating Presidential Norms "The President cannot obstruct justice because he is the chief law enforcement officer under (the Constitution's Article II) and has every right to express his view of any case." “We have a president, not a king. No one, not even the President, is above the law." “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties.” Based on what we have discussed about the Presidency and the Constitution and the 3 quotes above, write a paragraph explaining your thoughts on whether or not a sitting President can be formally charged with a crime and/or can obstruct justice. Be sure to explain your reasons.