8 Roles State (Monarch in Britain) 1. Chief of State 2. Chief Citizen Government (PM in Britain) 3. Chief Executive 4. Chief Administrator 5. Chief Diplomat 6. Commander in Chief 7. Chief Legislator 8. Chief of Party

Reasons for Expansion of Power: Imperial Presidency 1. Unity of the presidency 2. Presidential personality 3. Changing needs of the people (industrialization, population growth, etc.  larger bureaucracy) 4. Congress– delegated power to the President (lack of time and knowledge and accountability) 5. “Bully pulpit”– use of mass media to garner support for programs 6. National Security/ Foreign Policy (myth of commander-in-chief) 7. Secrecy (within White House and in bureaucracy)

Examples of Imperial Presidents Andrew Jackson: Indian Removal; use of veto as political weapon (myth of checks and balances) FDR: New Deal Dictator, Court Packing Lyndon Johnson: Lying about war Richard Nixon: Impoundment, New York Times v. U.S.; U.S. v. Nixon George Bush: Gitmo, Geneva Convention + torture, signing statements, unitary executive theory, 2001 Presidential papers [Freedom of Information Act (50), Presidential Records Act (12)] Barack Obama: stimulus/bailout; state secrets/sovereign immunity

Rule of Law or Men? Jon Meacham, “The Editor’s Desk,” Newsweek, 25 April 2009, writing about the debate over investigating Bush Admin, et.al. for torture policy “The answer depends, at least in part, on how we turn back the page. Is a Watergate- or Iran-contra-style congressional probe the way to go? No, for public hearings encourage— demand, really—dramatic plays for attention from lawmakers. Such a stage would lead to the expression of extreme views. So we do not want that. Nor, I think, do we want to open criminal investigations into those who participated in brutal interrogation methods. And to pursue criminal charges against officials at the highest levels—including the former president and the former vice president—would set a terrible precedent….That is not to say presidents and vice presidents are always above the law; there could be instances in which such a prosecution is appropriate, but based on what we know, this is not such a case….”

Powers of the President 2.1 “The executive Power shall be vested in a President of the United States of America. …” 2.1.8: “I do solemnly swear (or affirm) that 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.”

Executing the Law Latitude: execution requires interpretation (Nixon + impounding controversy) –Take care power  executive’s necessary and proper clause? Ordinance Power: implied by Constitution, given by statutes –Executive Order: Directive, rule, or regulation that has the effect of law (Internment: 9066, Non-discrim: 8802, Integrate mil: 9981)

Appointment Power w/advice + consent Senate 1) Ambassadors and diplomats 2) Cabinet members + top aides 3) Heads independent agencies 4) Federal judges, attorneys, US marshals 5) Officers armed forces

Removal Power Debatable May remove those who he appoints Pendleton and Hatch: Spoils System –Department of Homeland Security –US Attorneys scandal

Diplomatic and Military Powers Treaty Executive agreement Recognition: Taiwan, Israel Commander in Chief (when called into active duty BY CONGRESS) War Powers Act (1973) –1) W/in 48 hours must notify, 2) Combat must end w/in 60 days but can extend 30 days for safe withdrawal, 3) Congress may end at any time w/concurrent resolution

Legislative and Judicial Powers 2.3: “shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient…” (2.3) Veto, line-item veto (unconstitutional) –Signing statements Special session, prorogue Reprieve, pardon, clemency, amnesty, commutation