Hail to the Chief
• On your worksheet, define formal and
informal powers
• Using your copy of the Constitution, sort the
powers granted in the Constitution into the
correct Role of the President listed on your
worksheet
Presidential Powers
• Formal Powers = those that
are found in Article II of the
Constitution
• Informal Powers = powers
that are not explicitly
written in the constitution
– Occurred due to
custom/tradition or historical
circumstance
– Informal powers EXPAND the
power of our Presidency
"Under the doctrine of the
separation of powers, the manner
in which the president personally
exercises his assigned executive
powers is not subject to
questioning by another branch of
government.“ – R.M. Nixon
Formal Powers
Formal Powers:
Commander-in-Chief
• Commander in Chief of the
Army, Navy, Air Force,
Marines
– Formal Declaration of War comes
from Congress
• Can call the State Militia
(National Guard)
• Appoint Military Officers
President Bush aboard U.S.S.
Lincoln, May, 2003
Formal Powers:
Chief Executive
• Ordinance Power –
power to run the
executive branch
– May issue “commands”
or “orders”
– Used to run Executive
Branch
– “Faithfully execute” the
laws
President Bush holds cabinet meeting
in October, 2005
President Clinton with Janet Reno,
the first female Attorney General,
February, 1993
Formal Powers:
Chief Executive
• Appointment
Power
– Federal Judges
– Cabinet
members
– Heads of
Agencies
– Ambassadors
• Removal Power
– No approval
needed
– Only applies to
appointees
within Executive
Branch
– No elected
officials
Formal Powers:
Chief Diplomat
–Make treaties
• Confers with Secretary of
State
• Needs 2/3 Senate approval
– Not all are approved:
Treaty of Versailles, Kyoto
Agreement
– Recognize Nations
– Receive Ambassadors
– Spokesperson for US to
other nations
President Obama and Russian
President Medvedev sign the
New START Treaty to reduce
Nuclear armaments
Formal Powers:
Chief Legislator
• Give State of the Union address to
Congress
• Convene both houses of Congress
• Laws
– Veto
– Sign
– Pocket Veto – not sign at end of
Congress’ Session
– Not sign – becomes law in 10 days
Informal Powers
Informal Powers:
Chief Executive
• Executive Orders
• Executive Agreements
• Executive
Informal Powers:
Chief Executive
• Executive Orders orders that have the
weight of law
• Don’t have to be
approved by any other
branch or person
Clinton signing his
“don’t ask don’t
tell” executive
order for gays in
the military
Informal Powers:
Chief Executive
• Executive Agreements International agreements
made by a president that
has the force of a treaty
• does NOT need Senate
approval
• Usually Trade Agreements
– Examples: Destroyers (50 to
GB) for Bases, – FDR
– NAFTA (Clinton)
Jefferson made an executive
agreement with France to
make the Louisiana purchase
Informal Powers:
Chief Executive
• Executive Privilege - Claim by a president that he
has the right to decide that the national interest will
be better served if certain information is withheld
from the public, including the Courts and Congress
• United States v. Nixon
(1973) – presidents do
NOT have unlimited
executive privilege (Nixon
Watergate tapes)
• Eisenhower – during
Army-McCarthy hearings
Informal Powers:
Commander and Chief
• Sending Troops into battle
without a Formal Declaration
of War
– Korean War
– Vietnam
• War Powers Resolution (1973)
– Report to Congress in 48 hrs
– 60 days + 30 days + Declaration of War or
STOP
– Congress can STOP anytime
Informal Powers:
Chief Legislator
• Introducing/Influencing Legislation
– Teddy Roosevelt – National Parks
– FDR’s New Deal
– Obama’s Healthcare Reform
Presidential Powers
• Limited - Fearful of strong Central
Government
– Constitution – Article II
• Impeachment – applies “rule of law” to
President
– 22nd Amendment – Term limits
• Expanded – To avoid Congress’s approval
– Executive Orders
– Executive Agreements
– Sending troops without Formal Declaration
– Introducing legislation
Checking the Judicial Branch
• Appointment of Federal and Supreme Ct. Judges
• Reprieve
– To delay the punishment/sentence of someone convicted
• Commutation
– To reduce penalties (sentences)
• Amnesty
– A pardon/forgiveness for an offense, especially a political offense
• Ex: Washington granted amnesty to those involved in Whiskey Rebellion
• Pardon
– To forgive of a crime and cancel any penalty
– EXCEPT in cases of impeachment
• Ex: President Ford pardoned former President Nixon
Informal Power:
Party Leader
• Power to lead the
political party
– During Campaigns
– Developing party
platform
Informal Powers:
Executive Branch
• Creation of the
Cabinet
Questions for Discussion
• Why have informal powers developed?
• Why are informal powers more important
than formal powers particularity in the
modern era?
• What are some of the advantages and
disadvantages of the Presidents use of
informal powers?
• How do you think the framers would have
felt about the Modern Presidency and the
use of informal powers? Defend your
answer?
Questions for Discussion
•
Why have informal powers developed?
–
–
–
Avoid Congressional approval
Historical events necessitated
Varying degrees of Presidential leadership
•
Some Presidents saw the role as administrative
only
Others saw the need for increased constitutional
powers as necessary to accomplish the job
•
–
–
–
Need to used powers to deal with economic and social
problems
Greater need to win passage of legislative agenda
Greater need for influence in foreign affairs and national
security
Exit Slip
• Name two formal powers of the President and
the role they fulfill
• Define Executive Orders and Executive
Agreements
• What is one limitation on the President’s
power
• Why has the power of the Presidency
expanded through informal powers
Qualifications for President
Presidential Qualifications
• Formal Qualifications – written in the United
States Constitution, Article II Section I
1. 35 years old
2. 14 year resident of the US
3. Natural Born Citizen
Fortunate Son
Recorded by Creedence Clearwater Revival (1969)
Some folks are born made to
wave the flag,
Ooh, they’re red, white and
blue.
And when the band plays,
“Hail to the Chief,”
Ooh, they point the cannon
at you, lord,
It ain’t me, it ain’t me, I ain’t
no senator’s son, son.
It ain’t me, it ain’t me, I ain’t
no fortunate one, no.
Some folks are born silver
spoon in hand,
Lord, don’t they help
themselves, oh.
But when the taxman comes
to the door,
Lord, the house looks like a
rummage sale, yes,
It ain’t me, it ain’t me, I
ain’t no millionaire’s son,
son.
It ain’t me, it ain’t me, I
ain’t no fortunate one, no.
Fortunate Son
Recorded by Creedence Clearwater Revival (1969)
It ain’t me, it ain’t me, I
ain’t no military son, son.
Some folks inherit star
spangled eyes,
It ain’t me, it ain’t me, I
ain’t no fortunate one,
Ooh, they send you down to
one.
war, lord,
And when you ask them,
“How much should we
give?”
Ooh, they only answer
more! more! more! yo,
It ain’t me, it ain’t me, I
ain’t no fortunate son,
son.
It ain’t me, it ain’t me, I
ain’t no fortunate son,
no, no, no.
Presidential Qualifications
• Informal Qualifications
–
–
–
–
–
–
Gender
Race
Religion
Age
Education
Political Positions
• Informal Qualifications
–
–
–
–
–
Military History
Geographic background
Family
Personal History
Political Leanings
• Governor
• Senator
 Informal qualifications
have changed over time.
Demographic Characteristics of
U.S. Presidents
• 100% male
• Almost 100%
Caucasian
• 97% Protestant
• 82% of British
ancestry
• 77% college educated
• 69% politicians
• 62% lawyers
• >50% from the top 3%
wealth and social class
• 0.5% born into
poverty
• 69% elected from
large states
Presidential Benefits
• $400,000 tax-free salary
• $50,000/year expense
account
• $100,000/year travel
expenses
• The White House
• Secret Service
protection
• Camp David country
estate
• Air Force One personal
airplane
• Staff of 400-500
Christmas at the White House, 2004
Presidential Superpowers
• You are to create a Presidential Superhero that
represents all of the different roles that the
President plays in our government. You have 2
different options:
1)Create a superhero and weapons/powers that
reflect the different roles of the President
2)Create a story by making a comic strip that tells
a story of the Presidential superhero using all of
his powers.