1. Ch. 14 The President in Action

2. Ch. 14 Where Does the President’s Power Come From?
Article II of the Constitution –
Vaguely written and loosely interpreted

3. The “Imperial Presidency”
President’s power is always growing, never shrinking
Reasons:
POTUS doesn’t argue with himself like Congress or the Courts

4. The “Imperial Presidency”
Reasons:
Life’s complexities & people look to the President to fix problems

5. The “Imperial Presidency”
Reasons:
National emergencies require someone to act quickly, which only the President can do

6. The “Imperial Presidency”
Reasons:
Congress creates new programs, commissions, or agencies which executive branch must oversee

7. The “Imperial Presidency”
Reasons:
President can use mass media to attract attention

8. Types of Powers Expressed Powers – spelled out in the Constitution
Ex. – “The President shall be commander-in-chief of the Army and Navy of the United States” – Article II, Section 2

9. Types of Powers
Implied Powers – reasonably derived from expressed powers
Ex. - When Air Force and Marines were created, control was implied to belong to the president

10. Executive Powers Power to Execute the Law
Expressed in the Oath of Office
Gives him power over all federal laws passed by Congress

11. Executive Powers The Ordinance Power
Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law

12. Where does the power of the executive order come from?
There is nothing in the U.S. Constitution that directly speaks of executive orders. Executive power, however, is laid out in Article II and details the responsibilities of the President of the United States. Specifically, when executive orders are looked at, the focus turns to Article II, section 3:
“The President shall take care that the laws be faithfully executed.”

13. Controversial Use of Executive Orders
The purchase of Louisiana by Thomas Jefferson from Napoleon was made by an executive order under the doubtful theory that this power was indirectly vested in the presidency to produce treaties. Recent reviews have considered this act as an unconstitutional use.
In 1861, Abraham Lincoln suspended the right of habeas corpus and seized the railroads and telegraph system for military use. Some scholars call this the era of “constitutional dictatorship,” during which the government was running with clear opposition from Congress.
During Word War II, FDR used many executive orders, and among these was the decision to create the Japanese internment camps.

14. POTUS Executive Orders
JFK 214
LBJ 325
Nixon 346
Ford 169
Carter 166
Reagan 381
GHW Bush 166
Clinton 364
GW Bush 291
Obama 221
I want my way

15. Executive Powers The Appointment Power Gives him power to appoint:
Ambassadors & diplomats
Cabinet members
Heads of agencies
Judges & U.S. Attorneys
Officers in the armed forces

16. But not judges! Executive Powers The Removal Power
Gives him power to dismiss anyone he appointed
But not judges!

17. Foreign Relations Powers
Power to make treaties
President negotiates, Senate approves with a 2/3 vote

18. Foreign Relations Powers
Power to make executive agreements
Like treaties, but without Senate approval

19. Foreign Relations Powers
Power of Recognition
Acknowledgement of legal existence of a country or government

20. Foreign Relations Powers
President can kick diplomats out, declaring them persona non grata

21. Legislative Powers Power to propose laws
The State of the Union Address, where the President must inform the nation once a year of our present situation

22. Judicial Powers
Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!)

23. Judicial Powers Reprieve – postpone a sentence
Pardon – forgive a crime
Commutation – shortening a sentence
Amnesty – forgiveness for a large group of lawbreakers

24. What Determines Whether a President is Effective or Not? Read only
Richard Neustadt’s Theory of Presidential Power:
The power of the presidency is determined by his ability to persuade 5 “constituencies” of people

26. Neustadt’s 5 Constituencies read only
The Public
His Party
The Bureaucracy (Agencies)
Congress
Foreign Nations
Neustadt rates presidents based on how they do with each of these groups

27. Neustadt’s 5 Constituencies read only
The important thing in Neustadt’s Ratings is not how often you get what you want
It is how often you take steps to improve your chances of getting what you want in the future