1. American Government
Unit 4

2. Lesson 23 Pages
What is the role of the President in the American Constitutional System?
Objective: Explain the president’s constitutional responsibilities and how the office of the president has evolved. Identify various constitutional and political checks on the president’s power. Explain the fundamental differences between the office of the prime minister in a parliamentary system and the American presidency.

3. What are the President’s constitutional responsibilities?
Article II gives the Presidents executive powers- authority to carry out and enforce law.
Commander in Chief
Heading the executive departments (cabinets)
Granting reprieves, postponements of punishment, and pardons
Making treaties – subject to consent of Senate
Nominating :
Ambassadors, public ministers, consuls and federal judges.
Recommending legislation to Congress
Reviewing legislation presented by Congress and returning that which he objects to
Chief diplomat

4. What are the President’s constitutional responsibilities?
“Take care that the laws are faithfully executed”
Take an oath to “faithfully execute the Office of President and ….preserve, protect, and defend the Constitution of the United States.”
Presidents have asserted many reasons to justify a broad definition of executive powers:
National Emergencies
Great Depression
War

5. How did the Framers envision in the presidency?
An official above partisan politics.
Person that had earned the esteem and confidence of the entire nation.
Ability and virtue.

6. How did the Framers envision in the presidency?
They did not expect campaigning.
Did NOT want the President to have the powers of a monarch.
Wanted someone who brought ‘energy’ to the office. – Act efficiently and vigorously on behalf of the nation.
Feared a “feeble executive”.

7. How has the presidency evolved?
Some presidents have been great.
Some presidents have been mediocre.
Some presidents have been failures.
Some of the most powerful:
George Washington
Thomas Jefferson
Andrew Jackson
Abraham Lincoln
Theodore Roosevelt
Woodrow Wilson
Franklin D. Roosevelt
Ronald Reagan
John F. Kennedy
Bill Clinton

8. How did the Framers envision in the presidency?
Andrew Jackson:
Vetoed charter of 2nd national bank
Appealed directly to the public for support
Vetoed 12 times
Gave rise to the powerful modern presidency

9. How did the Framers envision in the presidency?
Abraham Lincoln:
Contributed significantly to the growth of the office.
Asserted unprecedented executive power.
Suspended the writ of Habeas Corpus
Saved the Union.

10. How did the Framers envision in the presidency?
Theodore Roosevelt and Woodrow Wilson:
used the presidency as a position of visibility and great influence.

11. How did the Framers envision in the presidency?
Franklin D. Roosevelt:
Most influential president in the 20th century
Elected during the Great Depression
Served until almost the end of WWII (he died)
New Deal- wide range of reforms (Social Security, employment progress, etc)
Commander-in-Chief during WWII- helped establish America’s preeminence in the international arena.
1st president to make extensive use of public opinion polls (Gallop Poll)
“fireside chats”– personal, trust, confidence

12. How did the Framers envision in the presidency?
Ronald Reagan:
The Great Communicator
JFK and Clinton:
Personal charisma

13. What is the President’s role in foreign policy?
Article II- 4 powers that when taken together establish the President as the nation’s leader in foreign policy.
Congress- has a lot of power, but largely those powers are reacting to the President.
Declare war
Pledge credit of the US
Regulate foreign commerce
Funding and rules governing the military.

14. What is the President’s role in foreign policy?
Presidential Powers- Foreign Policy:
1. Commanding the armed forces:
Military – protects the nation and is a threat to other nations
Congress has declared war only 5 times
War of 1812
Mexican American War
Spanish American War
WWI
WWII
Every president since FDR has sent troops abroad: all without declarations of war.
Korea
Vietnam
Lebanon
Grenada
Kuwait
Somalia
Kosovo
Afghanistan
Iraq

15. What is the President’s role in foreign policy?
2. Making treaties:
Agreements that address matters from economics to defense
President is the sole authority in negotiating and making treaties. Must have 2/3 senate approval.
Examples:
Truman – NATO and senate approval
Wilson- Treaty of Versailles – Senate said NO!

16. What is the President’s role in foreign policy?
Appointing Ambassadors and Consuls:
Appointments are approved by a simple majority vote in the Senate
Shapes the image of the US oversees and advises on foreign policy including foreign aid.

17. What is the President’s role in foreign policy?
4. Receiving Ambassadors and Other Public Ministers :
Only channel of communication between the US and foreign nations.
Used as a policy tool.
Official visits, state dinners etc.

18. How do the president’s powers expand in war and emergency?
Cleveland:
Deployed federal troops without Congress’ approval to put down the Pullman strike in 1894.
FDR:
Transferred destroyers to Great Britain in one year before we declared war.
Truman:
Ordered the Sect. of Commerce to operate the steel mills during a strike to ensure adequate supply of steel during Korean War.
Supreme Court later ruled that Truman had exceeded power.

19. How and why has presidential power expanded historically?
Reasons for increase in presidential power:
Americans expect President to address nation’s problems with vigor.
Constitutional powers are stated in broad terms and open to interpretation.
President’s role in recommending legislation to Congress:
These account for most passed bills
Enforcement laws
Development of federal regulations
Executive orders
Federal government has assumed powers formally held by the states and individuals.
Education, health care, transportation, product safety.

20. How are presidential powers limited?
1. Congress:
Rejecting or modifying the president’s legislation agenda
Asserting constitutional authority
Refusing to ratify treaties
Refusing to confirm presidential nominees
Refusing to fund president’s programs
Removing the president from office: impeach, try and convict.

21. How are presidential powers limited?
2. Supreme Court:
Humphrey’s Executor v. US (1935)
Congress must approve the president’s decision to remove an official of an independent regulatory agency.
US v. Nixon (1974)
President not entitled to automatic immunity from legal process
Train v. New York (1975)
President can’t refuse to spend money that Congress has appropriated unless Congress gives the president the discretion to do to

22. How are presidential powers limited?
3. Executive branch:
Agencies and bureaus develop their own way of performing their jobs
Civil service – immune to politics

23. How are presidential powers limited?
4. Public Opinion:
Lack of public support can “handcuff” the president’s efforts domestically and abroad.

24. Finishing up! Homework: Imagine that you are hiring the president…
Make a list of 10 qualities, achievements, standards that you would like a president to meet.
After you have your list form it into a “Wanted” advertisement. In the ad you will describe the person that is suitable for the job of the President of the United States.