1. WARM UP
With your Partner and using a piece of scrap paper, list 3 to 5 reasons why Presidents since Theodore Roosevelt have gain more and more power for the Executive Branch.

2. Presidential Powers ALL Basics
Executive Branch Powers
Honors Chapter 14
Academic Chapter 7

5. Objectives
Explain the President’s legislative powers and how they are an important part of the system of checks and balances.
Describe the President’s major judicial powers.
Explain how treaties are made and approved.
Explain why and how Executive Agreements are made.
Summarize how the power of recognition is used.
Describe the President’s powers as Commander in Chief.

6. Key Terms
executive order: directives, rules, or regulations issued by the President that have the force of law in the Executive Branch only
ordinance power: the authority to issue executive orders
executive privilege: a right claimed by some Presidents that allows them to refuse to provide certain information to Congress or the federal courts

7. Key Terms
treaty: a formal agreement between two or more independent nations
executive agreement: a pact between the President and the head of a foreign nation or their subordinates; it has the same standing as a treaty but does not require approval by Congress
recognition: the act of acknowledging the legal existence of a country and its government
persona non grata: an unwelcome person

8. Key Terms
pocket veto: a method of killing a bill at the end of a congressional session (last ten days)by not acting on it before Congress adjourns
line-item veto: the power to cancel out specific provisions, or line items, in a bill while approving the rest of the measure
reprieve: the postponement of the carrying out of a criminal sentence

9. Key Terms pardon: the legal forgiveness of a crime
clemency: the power of mercy or leniency
commutation: the power to reduce a fine or the length of a sentence imposed by a court
amnesty: a blanket pardon offered to a group of law violators

10. Key Terms
Expressed Powers: are those specifically named or specifically written in the Constitution. They are sometimes called delegated powers or enumerated powers.
Implied Powers: are powers of U.S. government which have not been explicitly written or granted by the Constitution but that is implied by the Necessary and Proper clause to be delegated for the purpose of carrying out the expressed power(s).
For example, Congress is given the expressed power to coin money, therefore Congress has the implied power to establish a Treasury System to coin and print United States currency.

11. The Presidency in Action: Executive Powers

12. The Chief Executive
The President enforces and carries out all federal laws. This authority comes from two sources:
The oath of office, which requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution.”
The constitutional requirement that the President “take Care that the Laws be faithfully executed.”
NOTE TO TEACHERS: The above image shows Ronald Reagan taking the oath of office in 1985.

13. Interpreting Laws
Congress passes many laws that set out broad policies, but do not include specific details for enforcement. (room for interpretation)
The President and other members of the executive branch must decide how these laws should be administered and enforced.
To do so, they must often interpret the intent of these laws.

14. The Ordinance Power
The President can issue Executive Orders — rules and regulations that have the force of law in the Executive Branch only. This is called the ordinance power.
The President must have this authority in order to use some of the executive powers granted by the Constitution.
In addition, Congress has delegated the authority to direct and regulate many legislative policies and programs to the President and the executive branch.

15. The Appointment Power
The Constitution grants the President appointment power, the ability to appoint some federal officials.
This power is necessary to ensure that presidential policies are carried out.
The President appoints some 3,000 of the 2.7 million federal workers.
The majority of the rest are hired according to civil service laws.

16. Presidential Appointments
Presidents appoint top-ranking officials such as:
Cabinet members and their top aides
Ambassadors and other diplomats
The heads of independent agencies
All federal judges, U.S. marshals, and attorneys
All officers in the U.S. armed forces
These appointments must be approved by a majority vote of the Senate.

18. Executive Privilege
At times, Presidents have refused to reveal certain information to Congress or the federal courts.
Congress has never officially recognized the right of executive privilege.
The President’s advisers and staff must be able to speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.
The Supreme Court recognizes the right of executive privilege in matters involving national security but does not recognize executive privilege when it is used to prevent evidence from being heard in criminal cases.
Answer: The Supreme Court recognizes the right of executive privilege in matters involving national security but does not recognize executive privilege when it is used to prevent evidence from being heard in criminal cases.

19. United States v. Nixon
In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security.
However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6th Amendment guarantee of a fair trial.
NOTE TO TEACHERS: The above image shows Richard Nixon in April 1973.

20. The Presidency in Action: Diplomatic and War Powers

21. Introduction
What tools are available to the President to implement foreign policy?
Making treaties and executive agreements with foreign countries
Recognizing foreign nations
Recalling American diplomats and/or expelling foreign diplomats from U.S. soil (persona non grata)
Ordering the U.S. military to conduct operations on foreign soil without a formal declaration of war

22. Chief Diplomat
The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role:
The President is the commander in chief of the nation’s armed forces.
The President, usually acting through the Secretary of State, negotiates treaties with foreign nations.
NOTE TO TEACHERS: The above image shows Secretary of State Madeline Albright with Israeli Prime Minister Ehud Barak in 1999.

23. Treaties Treaties have the same legal status as an act of Congress.
Congress can repeal a treaty by passing a law that nullifies its provisions.
An existing law can be repealed by the terms of a treaty.
A treaty cannot conflict with any part of the Constitution.
If a treaty and a federal law conflict, the most recently passed measure wins.

24. Treaties and the Senate
A two-thirds majority of the Senate must approve all treaties before they go into effect. (2/3rds, 66%, 66 Senators vote in the affirmative)
This gives the Senate an important role in shaping U.S. foreign policy.
A Senate minority can kill a treaty. In 1920, the Senate rejected the Treaty of Versailles.
Presidents John Tyler and William McKinley each overcame Senate rejections of treaties by getting joint resolutions passed to annex Texas and Hawaii, respectively.

25. Executive Agreements How do executive agreements differ from treaties?
Presidents can make executive agreements without Senate approval.
These agreements cannot overrule state or federal law.
Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.
Checkpoint Answer: Executive agreements do no supersede federal or state laws when they come into conflict with them, whereas treaties can supersede U.S. laws. Moreover, executive agreements only have the power of law as long as the President who made the agreement remains in office. Future presidents are not bound by these agreements. 25

26. Power of Recognition
The President recognizes the legal status of other nations on behalf of the United States.
Countries usually recognize each other by exchanging diplomatic representatives.
NOTE TO TEACHERS: The above image shows Jimmy Carter meeting with Chinese leader Deng Xiaoping.

27. Power of Recognition, cont.
Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.
Recognizing a new nation, such as Panama or Israel, can help ensure its success.
(VERY IMPORTANT) Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.

28. Commander in Chief
Presidents delegate many command decisions to military officers, but Presidents make the most critical decisions and have the authority to take command in the field.
** Added** Civilian Oversight and control of the military is a fundamental belief established by the FRAMERS after King George III’s tyranny.

29. Commander in Chief, cont.
It is difficult for Congress to challenge many presidential command decisions.
President Theodore Roosevelt once sent the U.S. Navy halfway around the world without consulting Congress. Legislators had no choice but to approve funds to bring the Navy back.

30. Presidential Trivia
Who was the only sitting American President that took command of the Army in the field?
George Washington
George Washington personally took the field as President when he put down the Whiskey Rebellion in 1794, but never actually did any fighting. This is the only time that a sitting U.S. President ever commanded troops in the field.
What state did the Whiskey Rebellion take place?
Pennsylvania, Western PA near Pittsburg.
Started Moonshining, First State to Shine!!!

31. Making Undeclared War
Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war:
John Adams had the U.S. Navy fight French warships in 1798.
Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup.
George H.W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989.
Bill Clinton sent troops to the Balkans in the 1990s.
How might a President exercise the role of commander in chief?
By guiding U.S. military policy, by making major tactical and strategic decisions, by committing American forces to military actions abroad without seeking a declaration of war
Answer: By guiding U.S. military policy, by making major tactical and strategic decisions, by committing American forces to military actions abroad without seeking a declaration of war, or in rare occasions by taking command of military forces in the field.

32. Congressional Resolutions
Congress has not declared war since World War II.
However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as:
In 1955, Congress let President Dwight Eisenhower position the U.S. Navy to block Chinese aggression toward Taiwan.
The Iraq Resolution of 2002 authorized the use of force against Iraq.

33. War Powers Resolution of 1973
Why did Congress enact the War Powers Act?
The results of the undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.
Lyndon Johnson and Richard Nixon’s use of the war-making power during the undeclared Vietnam War
To attempt to curb the power of the President to deploy U.S. military forces without congressional approval.
There is still a debate over whether this Resolution is constitutional or not.
Checkpoint Answer: Specific answer: As a result of Lyndon Johnson and Richard Nixon’s use of the war-making power during the undeclared Vietnam War, which was widely viewed as a failure at the time. General answer: To attempt to curb the power of the President to deploy U.S. military forces without congressional approval.

34. War Powers Act
The War Powers Act states that the President can commit military forces to combat only
If Congress has declared war, OR
If Congress has authorized military action, OR
If an attack on the nation or its armed forces has taken place.
If the President orders troops into combat, he/she must…
Congress must be notified within 48 hours and can end the commitment of troops at any time.
Congress can approve up to 60 days before ending combat operations.
Congress can re-evaluate the commitment of American Military Forces and could granted up to 60 more days.

35. Military Action
On at least 125 occasions, the President has acted without prior express military authorization from Congress.
The United States' longest war was fought between approximately 1840 and 1886 against the Apache Nation. During that entire 46-year period, there was never more than 90 days of peace.

36. Military Action
President Bush Declared “War on Terror” On Sept. 20, 2001, President Bush delivered an inspirational speech to America that rallied support for the “War on Terror,” which would eventually lead to the wars in Iraq and Afghanistan.
Congress passed a joint resolution but never declared war.
The war is nearly 18 years long starting on September 11, 2001.

37. The Presidency in Action: Legislative and Judicial Powers

38. Legislative Powers
As party chief, the President can greatly influence Congress.
The President sends messages to Congress to suggests legislation.
There are three major messages a year:
The State of the Union, delivered to a joint session of Congress.
The President’s budget message
The Annual Economic Report

39. Veto Power
What options are available to the President when presented with a bill?
Every bill or measure requiring the consent of both House and Senate must be submitted to the President.
Checkpoint Answer: The President can sign the bill into law, veto the bill, allow it to become law through inaction, or exercise a pocket veto at the end of a session of Congress.

40. Veto Power, cont. In response, the President can…
Sign the bill into law
Veto the bill
Allow the bill to become law by not acting upon it within ten days
Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days.
President Ford prepares to address the nation about his decision on vetoing a tax cut.

41. When the President and the majority of Congress are of the same party, vetoes tend to be rare. They tend to be more frequent during periods of divided government. Do you think the veto gives the President too much authority?
Answer to feature question: Student answers will vary, depending upon their support of specific presidents or the presidency in general.

42. Overriding a Veto
Congress can override a veto with a two-thirds majority, but this rarely happens.
It is difficult to gather enough votes in each house for a veto override.
The mere threat of a veto can often defeat a bill or cause changes to its provisions.
Early Presidents rarely exercised the veto, but it is common today.

43. Signing Statements
Signing statements describe how a new law should be enforced or point out problems that the President sees with the law.
Presidents may issue signing statements when signing a bill into law.

44. Singing Statements, cont.
President George W. Bush issued a record number of signing statements.
He claimed the power to refuse to enforce certain provisions of a law or to interpret it as he saw fit.
Critics saw this as an attempt to veto bills without exercising a formal veto.

45. Line-Item Veto
The proposed line-item veto would allow the President to cancel out some parts of a bill while approving others.
Supporters argue that this would cut down on wasteful federal spending.
Opponents argue that the line-item veto would shift too much power from the legislative branch to the executive branch.

46. Line-Item Veto, cont.
The Supreme Court has ruled that the line-item veto power can only be given to the President by a constitutional amendment.
The President can either accept all of a bill or reject all of it.
How is a line-item veto different from a regular veto?
A regular veto requires the President to reject all the provisions of a bill. A line-item veto allows the President to sign a bill into law while rejecting specific provisions within that bill, so that those provisions do not become law.
Answer: A regular veto requires the President to reject all the provisions of a bill. A line-item veto allows the President to sign a bill into law while rejecting specific provisions within that bill, so that those provisions do not become law.

47. Judicial Powers
The President can grant pardons and reprieves in federal cases.
The President can pardon people before they have even been tried or convicted, though this is rare.
President Gerald Ford famously pardoned former President Nixon in 1974 before Nixon had been tried.
A person must accept a pardon for it to go into effect.
The Supreme Court upheld this rule in 1915.

48. Judicial Powers, cont.
Checkpoint: What powers are included under the power to pardon?
The President can commute, or reduce, a fine or prison sentence.
The President can also issue a blanket amnesty that pardons a group of people.
In 1893, President Benjamin Harrison pardoned all Mormons who had violated polygamy laws.
In 1977, President Jimmy Carter gave amnesty to all Vietnam War draft evaders.
Checkpoint Answer: The power to commute sentences and grant amnesties are included in the power to pardon individuals for federal offenses, even before they have been formally accused or tried in court.