1. Warm Up
The amount of power given to the President by the Constitution has not changed much from its original form, yet the Presidency is much more powerful. Why do you think this is? (Think about 20th Century American history)

3. Executive Orders and Executive Privilege
Executive Order: directive, rule, or regulation issued by a chief executive or subordinates
based upon constitutional or statutory authority and having the force of law
The President must have the authority to use these in order to exercise his powers to enforce laws
Executive Privilege: the President’s power to refuse to disclose information
Cannot be used to prevent evidence from being heard in a criminal proceeding (U.S. v. Nixon, 1974)

4. Executive Orders and Executive Privilege
Executive Discretion: in executing and enforcing law, the executive branch also interprets it unless the Courts say otherwise
Laws written by Congress are often broad, so it is up to the President to determine the interpretation of the law and how the law will be applied on a day-to-day basis
These decisions are carried out through executive orders and signing statements

5. Presidential Power
The formal powers of the President have not changed much since 1787, yet the actual amount of power has grown a lot
The Founding Fathers were nervous about giving 1 person a lot of power to enforce laws
Throughout the nineteenth century, most Presidents took a restrained approach to leadership

6. Growth of Presidential Power
Andrew Jackson regularly became involved in important policy questions
He used the veto more than any other President

7. Growth of Presidential Power
Abraham Lincoln's 1863 Emancipation Proclamation freed Confederate slaves but scholars still debate whether it rested on any firm constitutional foundation
Roosevelt’s Stewardship Theory: Presidents should not merely carry out the will of Congress but instead should lead the nation and build public support for particular policy agendas

8. Growth of Presidential Power
“The true view of the Executive function is, as I conceive it, that the President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power Such specific grant must be either in the Federal Constitution or in an act of Congress There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest My judgment is that the view of Mr. Roosevelt, ascribing an undefined residuum of power to the President, is an unsafe doctrine.” —William Howard Taft, Our Chief Magistrate and His Powers, 1916

10. Growth of Presidential Power
FDR’s New Deal and the Cold War both led to expanded presidential power
Since the Presidency of FDR, Congress has delegated substantial authority to the executive branch to carry out the laws it has enacted
Congress has neither the time nor the specialized knowledge to provide much more than basic outlines of public policy

11. Reasons for the Expansion of Power
The Constitution is rather vague on certain aspects of presidential powers, so certain Presidents simply filled the void as they saw fit
There are more people that work in the executive branch
Many citizens wanted the Federal Government to take a larger and larger role in transportation, communications, health, welfare, employment, education, civil rights, and a host of other fields
The need for immediate and decisive action in times of crisis

12. Recent Developments
Critics of what they see as a too-powerful chief executive have condemned what has been called “the imperial presidency“
This implies that the President takes various actions without consulting Congress or seeking its approval—sometimes acting in secrecy to evade or even deceive Congress
Others say that in today’s complex and globally interconnected world, the President must be able to react quickly to events at home and abroad

13. Closing: Evaluating Presidential Norms
"The President cannot obstruct justice because he is the chief law enforcement officer under (the Constitution's Article II) and has every right to express his view of any case."
“We have a president, not a king. No one, not even the President, is above the law."
“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties.”
Based on what we have discussed about the Presidency and the Constitution and the 3 quotes above, write a paragraph explaining your thoughts on whether or not a sitting President can be formally charged with a crime and/or can obstruct justice. Be sure to explain your reasons.