1. Institutions of American Government
Module 4.2: The Presidency
Section 6: Special Powers of the President

2. Executive Orders & Proclamations
Executive Orders and Proclamations
Executive Orders
Directions to officers of the United States
Have force of law within the Administration
Remain in effect throughout the president’s term unless the president rescinds the order
Proclamations
Combines Executive Orders with Message Power

3. Message Power Power to inform the American public of executive orders
Power to inform the American public of executive intent
Power to give information ‘from time to time’ about the State of the Union
Power to preempt regular media broadcasting in the event of an emergency affecting the United States

4. Initiative and Discretion
Power to propose legislation
Most often used in the budget process
Administration drafts an Executive Budget Proposal to submit to Congress
Congress reconciles Executive Budget Proposal with Congressional Appropriations
Initiatives therefore subject to the legislative process
Executive & Administrative Discretion
Power to enforce law according to one’s interpretation
Deferment
Power to delay the disbursement of federal funds to an agency or program
Replaces Impoundment power (removed by act of Congress)

5. Executive Privilege Power to withhold information from Congress
Used (and abused) to block Congressional inquiry into executive branch activities
Limited to “national security” issues
Limited by the “clear and present danger” test
Administration must make a “reasonable argument” that releasing information may threaten “national security”

6. Emergency Proclamations
Declaration of states of emergency
Suspension of habeas corpus
Suspension of civil liberties
Impressments into federal service
State-level agencies
Private sector industries
War Powers
President is the Commander in Chief of the Armed Forces
President may issue E.O. sending armed forces into hostile T.O.s
Ostensibly limited by the War Powers Act

7. Emergency Power Controversy
Some emergency powers require declarations of war
Only Congress can declare war
President may send armed forces into combat without a declaration of war
Some emergency powers may conflict with the separation of powers
Checks on Emergency power
Congressional acts and appropriations
Judicial controversies