1. The Presidency in Action
Chapter 14
Academic US Government

2. Why Presidential Power has Grown
Unity
One person holds office
No need for consensus or agreement
Influence of Presidents
The stronger the man, the stronger the office

3. Why Presidential Power has Grown
Congress
Passes laws on growth of federal government – now provides more services than ever before
Forced to delegate some responsibility to the President

4. Views on Presidential Power
Role of the presidency is dependent on how the President views the office and exercises his power
Stewardship Theory
(T. Roosevelt)
Suppose to work for the good of the people and in the best interests of the people
Act for the public welfare

5. Views on Presidential Power
Taftian Theory
President can only do those things that can be traced to some specific grant of power
Only do those things the Constitution or federal law says he can do

6. Views on Presidential Power
Imperial Presidency
Idea that the President can take strong action without consulting Congress
Acts as “emperor”
Often used to refer to the Nixon Administration

7. Executive Powers Execute the law
Based on Article 2, section 1, clause 8
President executes the laws - sees that laws are carried out whether he agrees with them or not
Delegates this authority

8. Executive Powers Ordinance power (Director of Administration)
Oversees the bureaucracy
Executive orders - rules/regulations issued by the President and having the force of law - used to carry out prescribed duties
Executive privilege - right of the President to refuse to testify before Congress or court, to withhold information, and to refuse to allow executive Department officials to testify

9. Executive Powers Power of Appointment
Names ambassadors, cabinet members, agency heads, federal judges, attorneys, marshals, officers in the Armed Forces
Must be approved by the Senate
Senatorial Courtesy - vacancies in a state will not be filled by someone unacceptable to the Senator(s) of the Presidential party from the state

10. Executive Powers
Most government employees have to take the Civil Service Exam-handled by the Office of Personnel Management

11. Executive Powers Removal power
Constitution doesn’t say, other than impeachment, how or by whom appointed officials may be removed
1st Congress gave President power to remove officials he appointed, except federal judges
President can remove anyone he appoints without Senate approval

12. Diplomatic and Military Powers
Treaty power
Formal agreement between two or more sovereign states
Negotiated by Secretary of State
Senate must give consent by 2/3 vote of members present
Have same legal standing as acts of Congress

13. Diplomatic and Military Powers
Executive agreements
Pacts between the President and foreign heads of state
Just like a treaty but doesn’t need Senate approval

14. Diplomatic and Military Powers
Power of recognition
Acknowledges the legal existence of other countries/governments
Can request the recall of ambassadors from other nations and can recall American ambassadors from overseas posts
Persona non grata -- an unwelcome person

15. Diplomatic and Military Powers
Commander in Chief
Usually delegates authority to military commanders but not required to do so
Has final say in any/all military matters
Truman and bomb
G.H.W. Bush in Panama, and Persian Gulf
During wartime, power virtually unlimited

16. Diplomatic and Military Powers
War Powers Resolution
Places limits on the President’s war making powers
Within 48 hours of committing troops, President must report to Congress
Commitment must end in 60 days unless Congress authorizes a longer time
Congress can end commitment by passing a concurrent resolution

17. Other Powers Legislative powers Recommend legislation
State of the Union Address
Budget Message
Economic Report
Veto power
Includes pocket veto
Line item veto passed by Congress is 1996 but in Clinton v New York, 1998, Supreme Court ruled unconstitutional in a 6-3 vote

18. Other Powers Can call special sessions
Can adjourn both houses of Congress if they can’t agree on an adjournment date

19. Other Powers Judicial powers
President can grant the following in federal cases only:
Reprieves - postpone carrying out a sentence
Pardons - legal forgiveness of a crime
1974 Ford pardoned Nixon for crimes he may have committed

20. Other Powers Commute sentences - reduce sentence
Amnesty - general pardon given to a group of law violators
1977 Carter granted amnesty to Vietnam draft dodgers