Congress vs. President & The Imperial President AP US Govt. 3/5/13 Have out your Congress vs. President chart Objective: To better understand the issues of conflict between the President and Congress

6/4/20162 II. Sources of conflict between Pres./Congress 1.Sep of powers/checks & balances 2.Different Constituencies (Yucca Mountain-13 billion) 3.Different election times-difficult to gain excessive power 1.Bush VS Partisanship 1.Opposing party 2.Intra-party struggles are common-

6/4/20163 I. Sources of conflict cont… 5.“Two Presidencies” thesis: 1.Congress more cooperative on which issues 2.Congress less cooperative on which issues

Imperial President Objective: Areas of possible presidential abuse and how does Congress respond

6/4/20165 Imperial Pres.- 1.War Powers: 1.Constitutional conflict 2.Vietnam, Korea, Kuwait, Haiti, Iraq, Afghanistan, etc. 3.Congress=Funding 4.Formal declaration=transfer of Emergency powers………………………………………

6/4/20166 Emergency Powers & Executive Agreements (SEE NEXT SLIDE) 1.National Emergency Powers (war/brink of) 1.Suspend habeas corpus 2.PATRIOT Act 3.Control comm. and transportation 4.Telephone records-NSA 1.Executive Agreements (Chief Diplomat) 1.No Senate ratification 2.Examples: recognizing foreign govt, agreements auth. by a prior treaty (mutual defense), int. trade agreements

6/4/20167 In an emergency! Vesting Clause (“The executive Power shall be vested in a President of the United States of America”) President's oath of office (“I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”)—the only oath that is constitutionally prescribed.

6/4/20168 Executive Privilege 1.Conversations between Pres and advisors (secret) 1.Straightforward advice (Security Purposes) 2.US v. Nixon (1974)=no executive privilege in CRIMINAL CASES!!!

6/4/20169 Impoundment and Vetoes 1.Refuse to spend money appropriated by Congress 1.Early 1970s-Nixon-4% of budget (Pork, Earmarks) 2.Without line item veto  (Signing Statements- President Comments on legislation) Vetoes 1.Over 90% of vetoes sustained

Congress reacts to Imperial Presidency Objective: Analyze how Congress checks the president

6/4/ I. War Powers  War Powers Act 1973 (Political Hot Potato) 1.Must notify congress w/n 48 hours 2.Must withdraw after 60 days (can be extended 30 days-safety of troops) 3.Consult Congress-troops engage in combat Criticisms 1.Unconstitutional- “Commander in Chief” Vetoed by Nixon, overridden

6/4/ Emergency Powers II. Emergency Powers  National Emergencies Act of Pres. must inform Congress in advance of powers 2.State of emergency-auto. Ends 6 months 3.Pres. can declare another 6 months- congressional review (vote)

6/4/ Impoundment III. Impoundment  Budget and Impoundment Control Act of Deferral- Pres. impounds funds temp. either house can override 2.Rescission- Pres. impounds funds perm. Act-voided unless Congress approve-45 days 3.Creation of Budget Committees in each house Vetoed by Nixon, overridden 4.CBO is created

6/4/ Legislative Veto HW: INS v. Chadha (’83) 1.In the past: 1.Congress  passed a law 2.Relevant executive agency issued regs. To enforce the law 3.Congress then could veto (legislative veto-one branch) them if so desired 2.Legislative Veto: force the bureaucracy to conform to congressional intent 3.INS v. Chadha (’83) SC declared the legislative veto unconstitutional