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The Presidency in Action
Chapter 14 The Presidency in Action
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Types of presidential powers
Executive Diplomatic Military Legislative Judicial
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Article II Article II lists most of the presidential powers:
Executive Powers Diplomatic & Military Powers Legislative and Judicial Powers These powers are described broadly, so Article II is used as an outline of the powers. There are many more powers that of the President that are NOT written in the Constitution.
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Expansion of powers Think about George Washington’s time as President. How different is it from President Obama’s? What factors have contributed to the expansion of the President’s powers?
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Executive powers There are three types: Ordinance (Executive Order)
Appointment Removal
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Executive Order An order the President gives based on the authority of the Constitution or that given by congress. This can be done by using the Presidents ordinance power. How many executive orders do presidents give?
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Barack Obama A 2012 order known as the Deferred Action for Childhood Arrivals (DACA) program. The action, taken during a presidential campaign, allowed people under 30 who came to the United States before the age of 16 to get a two-year deferral from deportation, under certain conditions.
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Appoint & Removal Powers
To name or choose a person for an office, but not by election. The President may name someone but they must be approved by the Senate. Supreme Court Justices, Cabinet secretaries (Secretary of State, Secretary of the Interior, Attorney General) These positions need the approval of the Senate President can appoint over 300 more high level positions within the federal government. These positions do not need Senate approval. The President can remove any appointed official except for federal judges.
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Tom ridge was appointed as the first Secretary of Homeland Security in 2001 by President George w. Bush
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Executive Privilege This is a power that the President has to keep certain information secret. This only applies if the information getting out would disrupt the functions or decision making process of the executive branch. This is not stated in the U.S. Constitution but falls under the Oath of Office that the President takes to “faithfully execute the office of President.”
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Diplomatic powers There are three types: Treaties Executive Agreements
Recognition
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Treaties A formal agreement between two or more countries about trade, peace, or other matters. The President consults with the Secretary of State on nearly all foreign matters. All treaties must get a 2/3 vote from the Senate and must follow the constitution. In December 2014, President Obama signed the Arms Trade Treaty (ATT) with the U.N.
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Executive Agreements Are different from treaties because they don’t require congressional approval. They expire at the end of the President’s term. Treaties last for however long it says in the document. The next President may choose to continue to honor the previous agreement. Recognition – President may acknowledge the legal existence of a country and it’s government. EX: Obama went to Cuba. ISIS is not going to be at the White House anytime soon.
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Military powers Commander in Chief
The President can send military forces anywhere in the world. Must notify congress within 48 hours of sending troops to a foreign country. Troops can stay there for 60 days unless approved for a longer time by congress.
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Veto Power Pocket Veto If the president does not sign or veto a bill, it becomes a law in 10 working days. If Congress adjourns before those 10 days, the bill does not become a law. Line-Item Veto A President’s cancellation of specific items in a bill without canceling the entire bill. President can NOT use this power.
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President’s Judicial Powers
Clemency- Mercy granted to an offender. Three types: Reprieve- Delay in carrying out a sentence. Pardon- Legal forgiveness of a crime. (Individual) Amnesty- Legal forgiveness of a crime, affects many people.
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