Unit 4 – The Executive Branch Chapter 14 – The President in Action

The Growth of Presidential Power Article II “The executive power shall be vested in a President of the United States of America” Powers are written like an outline. Should the President be subordinate to Congress?

Why Presidential Power Has Grown Powers have grown because the President is the single, commanding chief executive and because of strong Presidents – Lincoln, etc. As the country has become more industrialized and technologically advanced, the people have looked to the Federal Government to take a larger role Has the unique ability to attract public attention and support for policies and actions Need for immediate action during crisis However, there are limits. In 2006, Bush tried to use military tribunals to prosecute “enemy combatants” but the Supreme Court held that Congress has that power

The Presidential View Presidents have either taken a more conservative view of presidential powers or a stronger view of presidential powers – “the Stewardship Theory” by Theodore Roosevelt Critics call this the Imperial Presidency – used to describe the President as the emperor who acts without consulting Congress or acts to deceive Congress

The President’s Executive Powers Executing the Law The President executes (enforces) the provisions of federal law. Two Constitutional Provisions – oath of office (Oath taken the day the President takes office, pledges to faithfully execute the office and preserve, protect, and defend the Constitution), and “he shall care that the laws be faithfully executed” Along with enforcing, the President and the Executive branch interpret the law. Congress often passes broad measures and leave it to the executive branch to work out the details.

The Ordinance Power The Ordinance Power allows the President to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law.

The Appointment Power With the consent of the Senate, the President appoints top-ranking Federal officers including: ambassadors and other diplomats, cabinet members and their aids, head of independent agencies, federal judges, U.S. marshals, attorneys, all officers of the armed forces Senatorial Courtesy – Senate will approve only those federal appointees acceptable to the Senator(s) from the President’s party from the State involved May make appointments to fill vacancies while the Senate is recessed and by-pass approval

The Removal Power Historical Debate – Debate over whether an appointee that must be approved by the Senate should be removed without Senate approval. The First Congress gave the President the Power to remove any officer that he appointed, except federal judges. Myers v. United States – the Supreme Court decided that removal was an essential part of the executive power. Humphrey’s Executor v. United States – President can remove for inefficiency, neglect of duty, or malfeasance in office

Diplomatic and Military Powers The Power to Make Treaties A treaty is a formal agreement between two or more sovereign states. Usually acting through the Secretary of State, negotiates these international agreements but are subject to approval by the Senate. With approval, the President ratifies the treaty.

Executive Agreements Pact between the President and the head of a foreign state, or between their subordinates Does not require Senate approval

The Power of Recognition Acting for the United States, acknowledges the legal existence of a country and its government Persona non grata – an unwelcome person; used to describe recalled diplomatic officials

Commander in Chief Making Undeclared War – Presidents have often used the armed forces abroad, in combat, without a declaration of War. Congress has not declared war since WWII but has enacted joint resolutions to authorize the President to use military force 8 times – Eisenhower blocked the People’s Republic of China’s designs for Taiwan, Eisenhower used force to check Soviet efforts in the Middle East, Kennedy used armed forces to deal with Soviet missiles in Cuba, reaction to building of the Berlin Wall, Johnson to defeat communist efforts in Southeast Asia, Bush campaign to drive Iraq out of Kuwait, Bush to find those responsible for 9/11 and attack on Pentagon, Bush to eliminate threat of Saddam Hussein

War Powers Act of 1973 requires – within 48 hours, President must report to Congress; commitment must end within 60 days; Congress may end at any time

Legislative and Judicial Powers Legislative Powers Recommending Legislation The Veto President must veto the entire bill. The Line-Item Veto would allow the President to cancel specific dollar amounts from Congressional Spending Bill Other – may adjourn or call special session of Congress

Judicial Powers May reprieve (postpone the execution of sentence) or pardon (give legal forgiveness) May give clemency (mercy) in cases involving federal offenses; commutate (reduce) the length of a sentence; or give amnesty (a blanket pardon offered to a group)