Presidential Powers Presidential Power Divided and Unified Government

Presidential Powers

Presidential Power • Divided and Unified Government • Gridlock • President versus a Prime Minister Work Together

Overview of Presidential Powers • • • Executive Powers Diplomatic Powers Military Powers Legislative Powers Judicial Powers

Executive Powers • Execute the Law (Chief Executive) carries out, enforces, and administers all federal laws • Article II, Section 3: “he shall take care that the laws be faithfully executed” • Ordinance Power: Power of the President to issue an executive order • Executive Order: a directive, rule, or regulation that has the effect of law • Appointment Power: power to hire subordinates • Removal Power: power to fire subordinates

Executive Powers • Appointment Power: (Article II, Section 2, Clause 2) • “and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public ministers, and counsels, Judges of the Supreme Court, and all other officers of the United States” • President Appoints: 1. Ambassadors 2. Cabinet (15 Secretaries) 3. Directors of Federal Agencies 4. Federal Judges 5. U. S. Marshals and Attorneys

Executive Powers • Two Steps in the Appointment Process 1. President Appoints (nomination) 2. Senate Approves (confirmation) • Senatorial Courtesy Confirmation Nomination By President Senate Full Committee Senate Hearing Debate Majority Vote Required to Pass Rejection

Executive Powers • Removal Power (fire) 1. Ambassadors 2. Cabinet (15 Secretaries) 3. Directors of Federal Agencies 4. U. S. Marshals and Attorneys • President CANNOT fire Federal Judges (serve life term) Federal Judges can only be removed by the impeachment process Impeachment of Andrew Johnson (1868) “Tenure of Office Act”

Diplomatic Powers • Treaty: formal agreement between two or more countries (formal contract or document) • Article II, Section 2, Clause 2: “He shall have the power, by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the Senators present concur” • Treaty must be approved by a 2/3 vote in the Senate • Executive Agreement: informal agreement between the President and the head of a foreign country • Does NOT require Senate approval

Diplomatic Powers • Recognition Power: President receives the diplomatic representatives of other countries (thus legally acknowledging the existence of that country) • President can send U. S. Ambassadors to foreign countries (U. S. Embassy) Embassy Row, Washington D. C. U. S. Embassy in Baghdad, Iraq

Military Powers • Commander in Chief of the U. S. military • Commission military officers • Only the President has the authority to order the use Nuclear Weapons • The “Football” (brief case = nuclear launch codes) • President has the power to make undeclared war • Article I (only Congress has the power to officially declare war against another country) • Last officially declared war? (1941: World War II) • Conflict: Article I (Congress declares war) Article II (President is the Commander in Chief of military) ?

Nuclear “Football” Briefcase Launch codes for our nuclear weapons and launch procedures "Rare, Medium or Well Done. "

Undeclared Wars and Conflicts • • • Korean War (1950 -1953) Vietnam War (1964 -1973) Invasion of Grenada (1983) Invasion of Panama (1989) Gulf War (1991) Somalia Conflict (1993) Bosnia (1995) Kosovo (1999) Afghanistan (2001 -Present) Iraq War (2002 -Present)

War Powers Act of 1973 • Direct result of the Vietnam War (1964 -1973) • Congress reducing the Presidents military powers • President Nixon vetoed the resolution declaring it was unconstitutional (illegal) • Congress overrode the veto by a 2/3 vote, thus the resolution passed in 1973

War Powers Resolution of 1973 1. Within 48 hours of sending troops into combat, President must report to Congress explain the purpose and scope of this action 2. Combat commitment must in within 60 days unless Congress authorizes an extension 3. Congress may end the combat commitment at any time, by passing a concurrent resolution (passed by both House and Senate)

War Powers Resolution of 1973 • The constitutionality of this law remains in dispute • Must wait a situation in which Congress demands that its provisions be obeyed and the President refuses to do so • Supreme Court would then determine if the War Powers Resolution was constitutional or not

Legislative Powers • Article II, Section 3: “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such measures as he shall judge necessary and expedient; he may; on extraordinary occasions, convene both houses, or either of them…” State of the Union Speech

Legislative Powers • Recommend Legislation (recommends specific laws for Congress to pass) • Approve Legislation: Sign a bill, it becomes a law • Disapprove Legislation: Reject a bill (Veto Power) and send it back to Congress • Line-Item Veto (Unconstitutional) Clinton v. New York City (1998) • State of the Union Address • Call a Special Session of Congress

Judicial Powers (clemency) • Reprieve: the postponement of a sentence • Commutation: (commute) reduce the length of a sentence or fine • Pardon: full legal forgiveness of a crime • Amnesty: a blanket pardon that covers a group of people

Other Presidential Powers • Implied powers (generally not found in the U. S. Constitution) • Executive Privilege • Impoundment of funds

Executive Privilege • Is the President required to divulge private communications between himself and his advisors? • • Separation of powers United States v. Nixon (1974) Can the President be sued? President Clinton was sued in 1997 and 1998 by a private person (Paula Jones) who claimed he had solicited sex from her. • Courts ruled that YES, the President may be sued and his associates cannot claim Executive Privilege

Impoundment of Funds • President refuses to spend money that has been appropriated by Congress • U. S. Constitution: only states that the President cannot spend money that Congress has not appropriated • Budget Reform Act of 1974 Ø Requires President to spend all appropriated funds Ø May inform Congress of funds he does not want to spend Ø Congress has 45 days to agree to delete the appropriation or the President must spend the money Ø President may delay spending but Congress may force him to spend the money by passing a concurrent resolution

Growth in Presidential Power • The expressed powers of the President have not changed over time but the President's powers have greatly increased • The Presidential View 1. Strict Constructionists 2. Liberal Constructionists • "Stewardship theory" or "Imperial Presidency“

Reasons for Growth of Power: • • • Unity of President: one man "chief executive" Personality of the man The nation's increasing social and economic problems Need for immediate and decisive action during times of crisis Commander in Chief of military forces (undeclared war) The mass media focus on the President

Congressional Checks on Presidential Power • • • Power of the Purse (Do not appropriate funds) Refuse to pass legislation Reject Presidential Appointments (Senate) Reject Treaties (Senate) Legislative Veto