Chapter 6 The Presidency Section 2 The Powers

Chapter 6: The Presidency Section 2: The Powers of the Presidency (pgs. 169 -178)

Appointment & Removal Powers • Today the president directly appoints around 3, 000 people. • Often the president will reward his supporters by appointing them to key positions. • A third are subject to “advice & consent” of the Senate, like justices, judges, ambassadors, cabinet members, and military advisers. • Most serve “at the pleasure of the president, ” but he cannot fire federal judges and justices that serve for life. Only the Senate can impeach them.

Executive Orders • This is a formal rule or regulation instructing executive branch officials on how to carry out their jobs. • They have the force of law and give the president great power. • They are not in the Constitution but presidents use them to take “care that the laws be faithfully executed” (Article II Section 3). • They are used to clarify laws, or to establish rules for an executive agency. Executive Order 9066

Executive Privilege • This power allows a president to refuse to release information to Congress or a court, b/c of national security or to protect their advisers. • This power is often disputed by the other branches • Example: Watergate in the early 1970 s and the Supreme Court case United States v. Nixon

Diplomatic Powers • As foreign policy leader, the president represents the U. S. in its interactions with foreign governments • The president’s treaty making power is limited by Congress. Two-thirds of the Senate has to approve of the treaty. • The president can also make executive agreements, these are agreements between the president and the head of a foreign government, these don’t need Senate approval. • The president also has the power of diplomatic recognition, which is a formal recognition of the legitimacy of a foreign government.

Military Powers • As commander in chief, the president has the responsibility to ensure the defense & security of the nation & its interests around the world. • Presidents have called out the armed forces more than 200 times but Congress has only declared war 5 times • Korea & Vietnam were not declared wars by Congress. • After Vietnam, Congress passed The War Powers Act in 1973, which requires the president to come before Congress b/w 60 to 90 days of military forces engaged in a conflict and ask Congress for permission. • Presidents have said this law is unconstitutional.

Legislative Powers • The president has great power to influence the work of Congress as the chief agenda setter. • Through the annual State of the Union and he can suggest legislation at any time. • Of course his main legislative power is the veto. • It is very difficult to override a veto- Two-thirds vote of Congress.

Judicial Powers • The president gets to nominate federal judges and justices. This way he can pick people that have the same opinions as he does. • The president also has the power to grant a reprieve or pardons. • A reprieve postpones the carrying out of a sentence or the length of time a person has to stay in jail. • A pardon releases a convicted criminal from having to fulfill a sentence. • The president can also offer amnesty, which grants a group a pardon. • The president also can has the power to commute, or reduce a person’s sentence. • Presidents can only use these tools in federal cases, not state cases.

Informal Powers • Today, the president can take advantage of TV, radio, & internet reporters that follow him everywhere. • As party leader, the people of his party in Congress are expected to follow his lead. In return, he offers support at election time. • The president ability to use these tools depends on his popularity at any given time.

Formal Checks on the President • Judicial Review- examples Watergate or the lineitem veto • The Senate can block the president’s choice for top positions and the Senate can block treaties. • Congress can also override a presidential veto with two-thirds of the members vote

Informal Checks on the President • The media is a major check on the presidential power. • The 1 st Amendment protects the Press and this allows the press to keep the president in check. Examples: Watergate, Pentagon Papers • Public approval is another check on presidential power. If a president has strong public support he can push Congress his way.

Changes in Presidential Power The First 100 Years • The Framers created a government based on a separation of powers, & they gave the majority of government power to Congress, and early presidents agreed with this. • President Jackson did not agree. He vetoed acts just b/c he did not like them. • Congress censured Jackson.

Presidential Power Expands • During the Civil War, President Lincoln took on great powers to save the Union. • After the Civil War & Reconstruction power went back to the Congress. • But in 1901, Teddy Roosevelt saw the office of the president as a “bully pulpit” and used it to take on big business. • TR got Congress to give the president power to regulate commerce, protect park lands, and ensure safety of the food supply. • FDR got even more power during the Great Depression, with his New Deal. • By the 1960 s & 1970 s people were concerned w/ the imperial presidency.

Presidential Power & the Media • Presidents have long relied on the Media to get their message out. • Early presidents used printed material. • FDR used the radio • Modern presidents use the TV & internet. • Presidents carefully engineer their message and how it will be received by the press. • Intense media scrutiny can quickly damage a president.