Presidents and Power I.
Freedom to Take Action •
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Presidents have the power to keep some information classified, even from Congress or the Courts. This is called “executive privilege.” •
The President has military powers as commander-­‐in-­‐chief to take some military actions without prior Congressional approval. The recent raid on Osama bin Laden’s compound is a good example of the President ordering military action on his own. II.
Seeking a Balance •
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He may enter into executive agreements with other foreign leaders, which do not require Senate approval. He may also make treaty agreements (which then require Senate approval) in order to bring about his foreign policy goals. •
Despite the Constitutional checks on presidential powers, the President does have a good deal of freedom to take action to meet his goals. III.
While it is important that the President be able to take some actions quickly, without seeking Congressional approval, it is also important to maintain the “balance” in the system of checks and balances. The need for strong leadership must be balanced against the need to protect against abuses of power. Presidential Power •
There have been many examples of US Presidents stretching the constitutionally described limits of their powers. Here are three such cases: 1) Thomas Jefferson and the Louisiana Purchase o In 1803, President Jefferson was offered to buy the Louisiana Territory from France. Fearing the deal would soon be dropped, he decided to make the deal (which doubled the territory of the US) even though the Constitution does not give the President authority to make land purchases from foreign governments. 2) Harry Truman and the Steel Mills o During a steel workers’ strike in 1952, President Truman ordered his Secretary of Commerce to take over the steel mills in the interest of national security (the steel was needed to make weapons for the Korean War). The steel mill owners took the case to the Supreme Court, which ruled that the President did not have the power to take over private property, even in a national emergency. 3) Richard Nixon and Watergate o During the Congressional investigation of the Watergate scandal, it was revealed that President Nixon had secretly taped many conversations that had taken place in the Oval Office. When he was ordered to turn the tapes over to the investigators as evidence, he refused, citing “executive privilege.” o The Supreme Court ruled that he had to turn over the tapes, and that “executive privilege” was not absolute. This decision, which led to Nixon’s resignation, showed that presidential power is not unlimited and that the President is not above the law.