1. Civics Unit 4 Lesson 3

2. THE GROWTH OF
PRESIDENTIAL POWER

3. The Growth of Presidential Power
is often referred to as the most powerful office in the world.
Whether that is what the Framers had in mind when they created the office of President of the United States of America is a different question.

4. Article II
The office of President is created by Article II of the Constitution:
“The executive power shall be vested in a President of the United States of America.”
, the President has the power to command the armed forces and to make treaties.
a lot of what the Constitution says about presidential power is vague and unclear.
history of the presidency has been a struggle between each President striving for increased power and those who argue for a weaker President.

5. The Never-Ending Contest
This struggle began at the Constitutional Convention. However, at the convention, those who argued for a stronger presidency carried the day.
Indeed, presidential power has grown remarkably over the past 200 years.

6. The Powers of the President
Why has the power of the presidency grown, while the power of Congress’ has been diminished?
We shall consider five reasons for this increased power:

7. Why the power of the presidency has increased.
1. Only one individual holds that office. He is free to focus his energies in whatever areas he chooses. Congress is made up of hundreds of individuals, each with her/his own opinions.
2. As society has become more complex, the people have demanded more government involvement in various areas. As chief executive, these increased duties have fallen on the office of the President.

8. Why the power of the presidency has increased.
3. Various national crises have required that the President act decisively. This has often served to increase the power of the presidency. For example, during the Civil War, Lincoln suspended the habeas corpus protections in the Constitution
4. Congress itself has passed laws that have increased the power of the President.
5. The President can attract the attention of the public easier than Congress. This allows presidents to use public pressure to their advantage. Presidents often use the media to influence public opinion.

9. The President’s Executive Powers
We shall examine four areas of executive power:
A. Executing the law
B. The Ordinance Power
C. The Appointing Power
D. The Removal Power

10. A. Executing the Law
The President must carry out (execute) all of the laws that are passed by Congress, even if the President disagrees with the law.
However, the Congress may not state specifically how to carry out a law.
This is often left up to the executive branch of government (the President and the people who work for him).

11. B. The Ordinance Power
The President has the power to issue an executive order (a rule or regulation that has the effect of law).
The power comes from the Constitution and Congress.
Congress passes many laws that it expects the President and his subordinates to execute.
However, these laws are often vague and general.
The President must be able to add specificity to them by issuing executive orders.

12. c. The Appointing Power
The President personally appoints most of the top positions in the executive branch. Congress then approves his choices.

13. Individuals Who Are Appointed Directly By the President
Ambassadors and other diplomats
Cabinet members and their top aids
The heads of independent government agencies
All federal judges, marshals, and attorneys
All officers in the armed forces

14. D. The Removal Power
This is the other side of the appointment power. The President may remove individuals that he appoints from office.
In the case of Myers v. United States the Supreme Court found that Woodrow Wilson’s removal of a postmaster without consulting Congress was legal.
However, in the case of Humphrey’s Executor vs. United States, the Supreme Court said that Congress can pass laws that describe under what conditions the President can remove individuals from office.

15. Specific Power of the President
power to negotiate treaties with other countries.
However the Senate must consent to the treaty (not ratify) by a 2/3 vote; this is often difficult to do.
have been times when the chief executive has had to use roundabout methods.
Ex: When President Tyler wanted to annex Texas, he did so by getting Congress to pass a joint resolution okaying the move. This only took a majority. This tactic has been used on a number of occasion.
Is this in violation of the Constitution?

16. Executive Agreements
Many agreements between foreign nations and the United States are made by executive agreement.
An executive agreement is a promise made by the President.
It does not require a vote of Congress. Presidents who follow the President that made the agreement honor the promise by tradition, not by law.
Executives agreements are not found in the Constitution. They add tremendous power to the presidency, but skirt the will of Congress.

17. The Power of Recognition
President receives the diplomatic representative of another state, the President is exercising the power of recognition.
This is a powerful weapon, because it says that the United States is recognizing a nation as a legitimate foreign power.
However, it is not saying that it approves of all of the actions of a nation.
This is a powerful tool, because to deny diplomatic recognition to a nation is to deny it a portion of its legitimacy in the world community.

18. The Executive Office of the President and the Cabinet
Thomas Jefferson performed his presidential duties with the help of two aides.
Indeed, he had to pay their salaries out of his own pocket.
It was not until 1857 that Congress provided any money to the President for a staff; President James Buchanan received $2500 for one clerk.

19. Executive Office of the President
The Executive Office of the President is the name given to several agencies that are the right arm of the President:
the White House Office
National Security Council
the Office of Management and Budget
the Office of National Drug Control Policy, the Council of Economics,
along with several smaller agencies. We shall consider two of these agencies.

20. The White House Office This houses the President’s key staff.
These individuals have jobs on one of the two wings that are on either side of the White House.
The President’s chief of staff directs all operations in the White House. He/she is among the most powerful and influential people in the government.

21. The National Security Council
The National Security Council (N.S.C.). The Presidents most trusted foreign affairs advisors sit on this council. It includes the President, Vice President, and the secretaries of state and defense.
Much of the work of the top secret Central Intelligence Agency is done at the direction of the N.S.C.
The N.S.C.’s principal job is to advice the president. It is among the most secretive organizations in government.

22. The President’s Cabinet
Today, the President’s cabinet are the heads of the executive departments, such as the defense department (headed by the secretary of defense).
The Constitution does not provide for a cabinet. It is a tradition that has evolved and grown over time.
The President appoints his cabinet, but his appointees are confirmed by the Senate.

23. Presidential Cabinet

24. Recommended work
Read Page 404 , then answer questions 1-3 on 404