- Slides: 59
Chapter 14 Presidency in Action
Key Terms • Executive Article: the name given to Article II of the U. S. Constitution, which establishes the office of the President • imperial presidency: a critical view of the presidency that argues that Presidents have become too powerful, isolated from Congress, and unaccountable for their actions
Article II • Article II of the Constitution gives the President power to: • Command the armed forces • Make treaties • Approve or veto acts of Congress • Send or receive diplomats • “Take care that the Laws be faithfully executed. ” • “most powerful office in
Views of the Presidency • Checkpoint: What two views of the presidency were debated by the Framers? • Executive powers are broadly defined and open to interpretation. • At the Constitutional Convention, some delegates argued for a weaker chief executive appointed by Congress. • They were defeated by delegates supporting a strong, independently elected executive.
Growth of Power • Presidential power has grown over time. Why has this happened? • Compared to Congress, the executive branch is a unified office with one leader-capable of quicker decisions. • As the role of the federal government has grown (wars, crisis, etc. ) citizens have looked to the presidency for decisive leadership. • Unique access to mass media • Support staff and bureaucracy
Growth of Power • Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch. • Certain Presidents have used the influence of their office to increase the scope of presidential power.
Limits on Power • Checkpoint: What limits the growth of presidential power? • In 1952, the Supreme Court ruled that President Harry Truman could not use his powers as commander in chief to take control of U. S. steel mills during the Korean War. (Youngstown Sheet & Tube C. v. Sawyer)
Limits on Power • In 2006, the Court ruled that President George W. Bush could not use military tribunals to prosecute “enemy combatants” and held that part of his plan violated the Geneva Conventions and the Uniform Code of Military Justice. (Hamdan v. Rumsfeld)
Opposing Views • Presidents like Theodore Roosevelt have supported broad powers. • “stewardship theory” • Presidents like William Taft have favored limited presidential powers. • Taft felt that Presidents could not simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution.
Imperial Presidency • In recent years, some critics claim that the presidency has grown too powerful. • They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress. • Class Discussion • Can you think of possible examples?
Imperialism • Crash Course (American Imperialism): https: //www. youtube. com/watch? v=Qfsfo. Fqs. Fk 4
Chapter 14, Section 2
Key Terms • Executive Order • Ordinance Power • Executive Privilege • Oath of Office • Recess Appointments
Introduction • What are some of the executive powers and how were they established? • Executes and interprets the law of the land • Issues executive orders • Appoints many public officials • Removes appointed officials • Can use executive privilege to withhold information from Congress and the federal courts • These powers come from the Constitution and from acts of Congress.
Chief Executive • Presidential authority comes from two sources: • The oath of office, which requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution. ” • The constitutional requirement that the President “take Care that the Laws be faithfully executed. ”
Interpreting Laws • Congress passes many laws that set out broad policies, but do not include specific details for enforcement. • The President and other members of the executive branch must decide how these laws should be administered and enforced. • To do so, they must often interpret the intent of these laws.
Ordinance Power • The President can issue executive orders—rules and regulations that have the force of law. This is called the ordinance power. • The President must have this authority in order to use some of the executive powers granted by the Constitution. • In addition, Congress has delegated the authority to direct and regulate many legislative policies and programs to the President and the executive branch.
Executive Orders • Example: Executive Order 13661 • Executive Orders by Presidents • Obama & Immigration • Secure Communities
Appointment Power • The Constitution grants the President appointment power, the ability to appoint some federal officials. • This power is necessary to ensure that presidential policies are carried out. • The President appoints some 3, 000 of the 2. 7 million federal workers. • The majority of the rest are hired according to civil service laws.
Presidential Appointment • Presidents appoint top-ranking officials such as: • Cabinet members and their top aides • Ambassadors and other diplomats • The heads of independent agencies • All federal judges, U. S. marshals, and attorneys • All officers in the U. S. armed forces • These appointments must be a approved by a majority vote of the Senate.
Recess Appointments • The president can make recess appointments to fill vacancies when the Senate is not in session. • These appointments expire at the end of the congressional term they were made. • They are controversial because they allow the President to bypass the Senate confirmation process.
Confirmation Process Under the custom of senatorial courtesy, the Senate will only approve federal appointees supported by the Senators from their state who belong to the President’s party.
Removal Power • The Constitution does not say how appointed officers should be removed. • Some politicians wanted Senate approval for removals as well as appointments. • Others argued that the President must have the power to remove incompetent appointees.
Removal Power • The First Congress gave the President the power to remove any appointed officer except for federal judges. • Congress tried unsuccessfully to take the removal power away from President Andrew Johnson in 1867.
Executive Privilege • At times, Presidents have refused to reveal certain information to Congress or the federal courts. • Congress has never officially recognized the right of executive privilege. • The President’s advisers and staff must be able to speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly. • What is the court’s stand on executive privilege?
United States v. Nixon • In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security. • However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6 th Amendment guarantee of a fair trial.
Chapter 14: Section 3
Reading Quiz • 1) How does the title slide picture relate to this section? (Your answer should be no more than two sentences) • 2) Name one of the three ways that executive agreements differ from treaties. • 3) What is considered the “sharpest diplomatic rebuke” one government may give to another? • 4) Who were the two parties involved in the destroyers-for-bases executive agreement?
Key Terms • treaty: a formal agreement between two or more independent states • executive agreement: a pact between the President and the head of a foreign state or their subordinates; it has the same standing as a treaty but does not require approval by Congress • recognition: the act of acknowledging the legal existence of a country and its government • persona non grata: an unwelcome person
Foreign Policy • What tools are available to the President to implement foreign policy? • Making treaties and executive agreements with foreign countries • Recognizing foreign nations • Recalling American diplomats or expelling foreign diplomats from U. S. soil • Ordering the U. S. military to conduct operations on foreign soil without a formal declaration of war
Chief Diplomat • The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role: • The President is the commander in chief of the nation’s armed forces. • The President, usually acting through the secretary of state, negotiates treaties with foreign nations.
Treaties • Treaties have the same legal status as an act of Congress. • Congress can repeal a treaty by passing a law that nullifies its provisions. • An existing law can be repealed by the terms of a treaty. • A treaty cannot conflict with any part of the Constitution. • If a treaty and a federal law conflict, the most recently passed measure wins.
Treaties and the Senate • A two-thirds majority of the Senate must approve all treaties before they go into effect. • This gives the Senate an important role in shaping U. S. foreign policy. • A Senate minority can kill a treaty. In 1920 the Senate rejected the Treaty of Versailles. • Presidents John Tyler and William Mc. Kinley each overcame Senate rejections of treaties by getting joint resolutions passed to annex Texas and Hawaii, respectively.
Executive Agreements • Checkpoint: How do executive agreements differ from treaties? • Presidents can make executive agreements without Senate approval. • These agreements cannot overrule state or federal law. • Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.
Destroyers for Bases Agreement
Power of Recognition • The President recognizes the legal status of other nations on behalf of the United States. • Countries usually recognize each other by exchanging diplomatic representatives.
Power of Recognition • Out of political necessity, the United States recognizes some nations whose conduct it does not agree with. • Recognizing a new nation, such as Panama or Israel, can help ensure its success. • Expelling foreign diplomats or recalling U. S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.
Powers of Recognition "How can you think I'd accept this gentleman coming here? . . . You'd best withdraw him, Obama. Don't insist, I'm asking you. [Palmer] disqualified himself by breaking all the rules of diplomacy. He messed with all of us. He can't come here as ambassador”
Commander in Chief • Presidents delegate many command decisions, but do make the most critical decisions and have the authority to take command in the field. • Difficult for Congress to challenge presidential commands • Theodore Roosevelt & the US Navy
Making Undeclared War • Only Congress can declare war; however, many U. S. presidents have sent armed forces into combat abroad without a declaration of war: • John Adams had the U. S. Navy fight French warships in 1798. • Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup. • George H. W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989. • Bill Clinton sent troops to the Balkans in the 1990 s.
Congressional Resolutions • Congress has not declared war since World War II. • However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as: • In 1955, Congress let President Dwight Eisenhower position the U. S. Navy to block Chinese aggression toward Taiwan. • The Iraq Resolution of 2002 authorized the use of force against Iraq.
War Powers Resolution • Checkpoint: Why did Congress enact the War Powers Resolution? • The results of the undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973. • There is still a debate over whether this Resolution is constitutional or not.
War Powers Resolution • The War Powers Resolution states that the President can commit military forces to combat only • If Congress has declared war, OR • If Congress has authorized military action, OR • If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.
Chapter 14, Section 4
Key Terms • • Pocket Veto Line-item Veto Reprieve Pardon Clemency Commutation Amnesty
Introduction • How can the President check the actions of the legislative and judicial branches? • By using the message power to influence Congress to pass desired legislation • By vetoing bills passed by Congress • By issuing signing statements • By pardoning citizens accused or convicted of crimes • By reducing fines or the length of sentences • By granting amnesty to groups of people
Legislative Powers • As party chief, the President can greatly influence Congress. • The President sends messages to Congress to suggests legislation. • There are three major messages a year: • The State of the Union, delivered to a joint session of Congress. • The President’s budget message • The Annual Economic Report
Obama’s State of the Union 2015 • http: //www. nbcnews. com/storyline/2015 -state-of-theunion/obamas-drop-mic-moment-state-union-n 290056
Options • Checkpoint: What options are available to the President when presented with a bill? • Sign the bill into law • Veto the bill • Allow the bill to become law by not acting upon it within ten days • Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days.
Overriding a Veto • Congress can override a veto with a twothirds majority, but this rarely happens. • It is difficult to gather enough votes in each house for a veto override. • The mere threat of a veto can often defeat a bill or cause changes to its provisions. • Early Presidents rarely exercised the veto, but it is common today.
Signing Statements • Describe how a new law should be enforced • President George W. Bush issued a record number of signing statements. • Claimed the power to refuse to enforce certain provisions of a law or to interpret it as he saw fit. • Critics saw this as an attempt to veto bills without exercising a
Line-Item Veto • The President can either accept all of a bill or reject all of it. • The Supreme Court has ruled that the lineitem veto power can only be given to the President by a constitutional amendment. • How is a line-item veto different from a regular veto?
Clinton v. City of New York • https: //www. youtube. com/watch? v=j. DMp. Xmh 8 Jr 0
Line-Item Veto • The proposed line-item veto would allow the President to cancel out some parts of a bill while approving others. • Supporters argue that this would cut down on wasteful federal spending. • Opponents argue that the line-item veto would shift too much power from the legislative branch to the executive branch.
Judicial Powers • The President can grant pardons and reprieves in federal cases. • The President can pardon people before they have even been tried or convicted, though this is rare. • President Gerald Ford famously pardoned former President Nixon in 1974 before Nixon had been tried. • A person must accept a pardon for it to go into effect. • The Supreme Court upheld this rule in 1915.
Judicial Powers • Checkpoint: What powers are included under the power to pardon? • The President can commute, or reduce, a fine or prison sentence. • The President can also issue a blanket amnesty that pardons a group of people. • In 1893, President Benjamin Harrison pardoned all Mormons who had violated polygamy laws. • In 1977, President Jimmy Carter gave amnesty to all Vietnam War draft evaders.