1. THE EXECUTIVE BRANCH PART II

2. PRESIDENTIAL POWER  As the country grew and industrialized, especially in times of emergency, people demanded that the Federal Government play a larger role and looked to the President for leadership. Congress has delegated much authority to the President, mostly in foreign affairs.  Rule of Propinquity: the rule that states that power is wielded by people who are in the room when the decision is made.

3. “HONEYMOON”  Because a President’s popularity is at its peak right after the election, the “first hundred days” have come to be called the “honeymoon” period. This allows a President to get used to the job and to set the agenda.  FDR started this trend and was successful in obtaining a vast array of new laws. This period has declined in recent years.  Because a President’s popularity is at its peak right after the election, the “first hundred days” have come to be called the “honeymoon” period. This allows a President to get used to the job and to set the agenda.  FDR started this trend and was successful in obtaining a vast array of new laws. This period has declined in recent years.

4. EXECUTING THE LAW  The President is responsible for carrying out the nation’s laws.  The President must carry out laws with which he or she disagrees, but has discretion to interpret the laws and deciding how vigorous to enforce them.  Most of the powers exercised by the President is derived from past precedents as well as congressional authorizations.  The President is responsible for carrying out the nation’s laws.  The President must carry out laws with which he or she disagrees, but has discretion to interpret the laws and deciding how vigorous to enforce them.  Most of the powers exercised by the President is derived from past precedents as well as congressional authorizations.

6. ORDINANCE POWER  The President has the authority to issue executive orders, which have the force of law (like the infamous 9066).  Though not specifically stated in the Constitution, the language cited is “take Care that the Laws be faithfully executed” in Article II, Section 3.  Executive orders are necessary to the functioning of the executive branch.  The President has the authority to issue executive orders, which have the force of law (like the infamous 9066).  Though not specifically stated in the Constitution, the language cited is “take Care that the Laws be faithfully executed” in Article II, Section 3.  Executive orders are necessary to the functioning of the executive branch.

7. APPOINTMENT POWER  The President may appoint a handful of officials on his or her authority.  Most of the important officers appointed, including ambassadors, judges, and cabinet members, must be approved by the Senate.  Well over half of the officials in the federal work force are selected through civil service exams, and thus are not under the direct control of the President.

8. DIPLOMATIC AND MILITARY POWERS

9.  Usually acting through the Secretary of State, the President may negotiate treaties, or international agreements.  The Senate must approve treaties by a two-thirds vote before they become law.  A small minority in the Senate has sometimes been sufficient to block approval of a treaty.  The President has been afforded more latitude in foreign relations by the Congress. They recognize that the President is the head of state and Commander-in-Chief.  Usually acting through the Secretary of State, the President may negotiate treaties, or international agreements.  The Senate must approve treaties by a two-thirds vote before they become law.  A small minority in the Senate has sometimes been sufficient to block approval of a treaty.  The President has been afforded more latitude in foreign relations by the Congress. They recognize that the President is the head of state and Commander-in-Chief.

10. EXECUTIVE AGREEMENTS  Today, most routine international agreements are made by executive agreement, i.e., pacts between the President and the leaders of foreign countries, or their designees.  Executive agreements do not require Senate ratification. Recent examples include the trade agreements NAFTA and GATT.  The Case Act requires the Secretary of State to report executive agreements to the Congress. This prevents “secret” agreements.  Today, most routine international agreements are made by executive agreement, i.e., pacts between the President and the leaders of foreign countries, or their designees.  Executive agreements do not require Senate ratification. Recent examples include the trade agreements NAFTA and GATT.  The Case Act requires the Secretary of State to report executive agreements to the Congress. This prevents “secret” agreements.

11. EXECUTIVE PRIVILEGE  Historically, Presidents have acted as if they have the privilege of confidentiality, even though the Constitution says nothing about it.  For almost 200 years there was no challenge to this claim, but in 1973 the Supreme Court met the issue directly. A federal special prosecutor sought tape recordings of the President and his advisers in the Watergate Scandal.  In United States v. Nixon, the court held that there is no “absolute unqualified Presidential privilege of immunity from judicial process under all circumstances.”  Historically, Presidents have acted as if they have the privilege of confidentiality, even though the Constitution says nothing about it.  For almost 200 years there was no challenge to this claim, but in 1973 the Supreme Court met the issue directly. A federal special prosecutor sought tape recordings of the President and his advisers in the Watergate Scandal.  In United States v. Nixon, the court held that there is no “absolute unqualified Presidential privilege of immunity from judicial process under all circumstances.”

12. POWER of RECOGNITION  Presidents have the power to recognize, or acknowledge the legal existence of a country and establish formal diplomatic relations with foreign states.  Diplomatic recognition is a powerful weapon because recognition, or lack of it, often determines the future of a new foreign government.  Presidents have the power to recognize, or acknowledge the legal existence of a country and establish formal diplomatic relations with foreign states.  Diplomatic recognition is a powerful weapon because recognition, or lack of it, often determines the future of a new foreign government.

13. THE PRESIDENT’S DOMINANCE IN MILITARY AFFAIRS

14.  The President shares the war powers with Congress but has almost no limits on his or her role as commander-in-chief.  Presidents usually delegate much of their command authority to military subordinates (like the Chairman of the Joint Chiefs of Staff, Navy Admiral Mike Mullen), while retaining final authority in military matters.

15.  There have been numerous undeclared wars in the country’s history, including the Korean and Vietnam Wars and “Desert Storm” (remember, only Congress can declare war).

16.  In wartime, the President’s powers as commander-in- chief have often been expanded to include non- military matters.  The President may use armed forces, including State militias, to keep the peace in times of domestic upheaval.

17. DUE TO REACTION TO THE VIETNAM WAR…

18. WAR POWERS RESOLUTION of 1973  Congress passes this 1973 Joint Resolution that requires the President to inform Congress of any commitment of American troops abroad within 48 hours. In doing so, Congress overrode a presidential veto with over a 2/3rds vote in both houses.  It required the President to gain congressional approval if the commitment lasts longer than 60 days, though a withdrawal can take a further 30 days.  The constitutionality of the War Powers Resolution has been and remains in dispute.  Congress passes this 1973 Joint Resolution that requires the President to inform Congress of any commitment of American troops abroad within 48 hours. In doing so, Congress overrode a presidential veto with over a 2/3rds vote in both houses.  It required the President to gain congressional approval if the commitment lasts longer than 60 days, though a withdrawal can take a further 30 days.  The constitutionality of the War Powers Resolution has been and remains in dispute.

19. LEGISLATIVE POWERS  The President gives a State of the Union address and suggests annual budgets.  The President also recommends specific legislation to Congress.  The President has the power to veto legislation, but not by line item.  The President may call special sessions of Congress.  The President may also adjourn Congress if the two houses cannot agree on a date for adjournment.

20. JUDICIAL POWERS  The President may grant reprieves or pardons in cases involving federal law.  The President may commute, or reduce, sentences or fines imposed by a federal court.  The President may grant amnesty, or general pardon, to persons who have violated federal law.  The President may grant reprieves or pardons in cases involving federal law.  The President may commute, or reduce, sentences or fines imposed by a federal court.  The President may grant amnesty, or general pardon, to persons who have violated federal law.

21. EXECUTIVE OFFICE of the PRESIDENT (EOP)  AKA the “White House staff” which is an umbrella agency made up of several separate offices and staffed by the President’s closest advisors and assistants. The White House Office was created in 1939 during FDR’s presidency.  It includes the Chief of Staff, who manages the White House staff, Rahm Emmanuel, the counsel to the President, the Press Secretary, Robert Gibbs, and expert advisers in many areas.

22. STAFF ORGANIZATION  Three ways a president can organize the staff are through the pyramid, circular, or ad hoc methods.  In a pyramid structure (used by Eisenhower, Nixon, Reagan, Bush, and eventually Clinton) most assistants report through a hierarchy to a chief of staff.  In a circular structure (Carter) cabinet secretaries and assistants report directly to the President.  In an ad hoc structure (Clinton early on) task forces, committees, and informal groups of friends and advisers deal directly with the President.  Some Presidents (FDR) use a mixture of all three.  Three ways a president can organize the staff are through the pyramid, circular, or ad hoc methods.  In a pyramid structure (used by Eisenhower, Nixon, Reagan, Bush, and eventually Clinton) most assistants report through a hierarchy to a chief of staff.  In a circular structure (Carter) cabinet secretaries and assistants report directly to the President.  In an ad hoc structure (Clinton early on) task forces, committees, and informal groups of friends and advisers deal directly with the President.  Some Presidents (FDR) use a mixture of all three.

23. INS v. CHADRA  Legally, the President can reorganize the personal White House staff at anytime. However, if the larger Executive Office of the President or any of the executive departments or agencies are changed, then Congress must be consulted. If 60 days pass without the House or Senate approving a concurrent resolution, then a reorganization could occur (Reorganization Act of 1939).  If there was a resolution, it would block the presidential action. This was called a legislative veto.  The authority from the act expired in 1981 and Congress did not renew it. Two years later the Supreme Court held in INS v. Chadra that all legislative vetoes were unconstitutional.  Legally, the President can reorganize the personal White House staff at anytime. However, if the larger Executive Office of the President or any of the executive departments or agencies are changed, then Congress must be consulted. If 60 days pass without the House or Senate approving a concurrent resolution, then a reorganization could occur (Reorganization Act of 1939).  If there was a resolution, it would block the presidential action. This was called a legislative veto.  The authority from the act expired in 1981 and Congress did not renew it. Two years later the Supreme Court held in INS v. Chadra that all legislative vetoes were unconstitutional.

24. NATIONAL SECURITY COUNCIL  The NSC (1947) advises the President on matters of national security, foreign and domestic.  Its members include the Vice President, the secretaries of state and defense, the CIA Director, the chairpersons of the Joint Chiefs of Staff, members of the State Department, and, of course, the National Security Advisor (Marine General James L. Jones, ret. ).  The NSC (1947) advises the President on matters of national security, foreign and domestic.  Its members include the Vice President, the secretaries of state and defense, the CIA Director, the chairpersons of the Joint Chiefs of Staff, members of the State Department, and, of course, the National Security Advisor (Marine General James L. Jones, ret. ).

25.  The NSC got into a little hot water back in the 80’s in the Iran-Contra affair, creating a shadow government, some charge.  Poindexter and North were members of the NSC at the time and illegally sold weapons to Iran and gave the money to the Contras in Nicaragua.

26. OMB  The Office of Management and Budget (1970) is a powerful agency, and the largest, whose major task is to help the President coordinate legislative and budgetary proposals from the executive branch.  It also monitors the spending of funds appropriated by Congress and oversees the management of the executive branch.  The director is Peter Orszag.  The Office of Management and Budget (1970) is a powerful agency, and the largest, whose major task is to help the President coordinate legislative and budgetary proposals from the executive branch.  It also monitors the spending of funds appropriated by Congress and oversees the management of the executive branch.  The director is Peter Orszag.

27. IMPOUNDMENT  Impoundment is a refusal by a President to spend money that has been appropriated by Congress, a challenge to mandatory spending.  All of the Presidents up to Nixon were able to use this inherent power.  Nixon overused this power, so Congress passed the Congressional Budget and Impoundment Control Act of 1974, which forbids impoundment. It requires the president to spend all appropriated funds unless he firsts tells Congress what funds he wishes not to spend, and Congress, within 45 days, agrees to delete the items.

28. COUNCIL of ECONOMIC ADVISORS  The Council (CEA) consists of three top economists, appointed by the President and approved by the Senate. Once appointed, they cannot be removed by the President at will.  It is the President’s chief source of information and advice on the economy. It was created by the Employment Act of 1946.  The Council (CEA) consists of three top economists, appointed by the President and approved by the Senate. Once appointed, they cannot be removed by the President at will.  It is the President’s chief source of information and advice on the economy. It was created by the Employment Act of 1946.

29. THE CABINET

30.  The President appoints cabinet members, who must be confirmed by the Senate.  Many factors, both political and substantive, influence the selection of cabinet officials.  Until Bill Clinton, very few women and members of minority groups had been cabinet members. Bush and Obama have continued this trend.  The President appoints cabinet members, who must be confirmed by the Senate.  Many factors, both political and substantive, influence the selection of cabinet officials.  Until Bill Clinton, very few women and members of minority groups had been cabinet members. Bush and Obama have continued this trend.

31. CABINET FLAWS  Often cabinet secretaries compete for the President’s “ear” and conflicts result.  Sometimes they are “too specialized” in their fields and lose sight of the big picture, focusing upon their respective departments.  Government is too large and bureaucratic for cabinets to be always efficient.  Since FDR, Presidents have come to rely on the Executive Office and NSC for policy advice.  Often cabinet secretaries compete for the President’s “ear” and conflicts result.  Sometimes they are “too specialized” in their fields and lose sight of the big picture, focusing upon their respective departments.  Government is too large and bureaucratic for cabinets to be always efficient.  Since FDR, Presidents have come to rely on the Executive Office and NSC for policy advice.

32. EXPERT VIEWS  Richard Neustadt’s Presidential Power (1960) asserts that the President is actually weak in the government, unable to effect change without congressional approval.  The President must rely on a combination of personal persuasion, reputation, and prestige in order to get things done.  Richard Neustadt’s Presidential Power (1960) asserts that the President is actually weak in the government, unable to effect change without congressional approval.  The President must rely on a combination of personal persuasion, reputation, and prestige in order to get things done.

33.  Arthur Schlesinger in his The Imperial Presidency (1973) argued the opposite by saying that the presidency had grown much too powerful, especially in foreign affairs due to the Cold War.  He felt that the legislature should be more assertive, and constrain the President’s war and treaty powers.  Also, the growth of the Executive Office where White House staffers serve out of personal loyalty is not conducive to a republican form of government.  Arthur Schlesinger in his The Imperial Presidency (1973) argued the opposite by saying that the presidency had grown much too powerful, especially in foreign affairs due to the Cold War.  He felt that the legislature should be more assertive, and constrain the President’s war and treaty powers.  Also, the growth of the Executive Office where White House staffers serve out of personal loyalty is not conducive to a republican form of government.

34. UNITARY EXECUTIVE THEORY  In which the President asserts broad authority to use independent judgment to interpret and apply law.  This has been linked to the use of signing statements, a written pronouncement upon the President signing a bill into law.  Controversy surrounded Bush when he used this tactic over 750 times, far more than any other previous president, and for the apparent attempt to nullify legal restrictions on his actions.  In which the President asserts broad authority to use independent judgment to interpret and apply law.  This has been linked to the use of signing statements, a written pronouncement upon the President signing a bill into law.  Controversy surrounded Bush when he used this tactic over 750 times, far more than any other previous president, and for the apparent attempt to nullify legal restrictions on his actions.

35.  The signing statement that accompanied the McCain Detainee Amendment proved controversial.  “The Executive Branch shall construe (the torture ban) in a manner consistent with the constitutional authority of the President to supervise the unitary Executive Branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power.”  The signing statement that accompanied the McCain Detainee Amendment proved controversial.  “The Executive Branch shall construe (the torture ban) in a manner consistent with the constitutional authority of the President to supervise the unitary Executive Branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power.”

36. FINAL THOUGHTS  Presidents are often “outsiders”. As well as, “Crisis Managers”. They are persuaders and can sometimes circumvent formal procedures.  Presidents choose Cabinet members from outside Congress.  Presidents have no guaranteed majority in Congress--gridlock? Party polarization?  Presidents make formal speeches that take advantage of the prestige of the office to guide the American people. This is known as the “bully pulpit”, made first famous by Teddy Roosevelt.  “In-and-outers” are federal appointees who shuffle between jobs in government and the private sector (universities, law firms).  Lame Ducks are still in office after he or she has lost a bid for reelection.  Presidents are often “outsiders”. As well as, “Crisis Managers”. They are persuaders and can sometimes circumvent formal procedures.  Presidents choose Cabinet members from outside Congress.  Presidents have no guaranteed majority in Congress--gridlock? Party polarization?  Presidents make formal speeches that take advantage of the prestige of the office to guide the American people. This is known as the “bully pulpit”, made first famous by Teddy Roosevelt.  “In-and-outers” are federal appointees who shuffle between jobs in government and the private sector (universities, law firms).  Lame Ducks are still in office after he or she has lost a bid for reelection.