 DAILY
QUESTION:
 4/27/16
 Name
an expressed power of the
president.
 Daily
Question:
4/28/16
Name an implied
power of the president.
Where Does the President’s
Power Come From?
II of the Constitution –
called the Executive Article
 Most vaguely written and loosely
interpreted Article of the
Constitution
 Article
The “Imperial Presidency”
 President’s
power is always
growing, never shrinking
 Reasons:
 Unity of the presidency – no
infighting like in Congress
The “Imperial Presidency”
 President’s
power is always
growing, never shrinking
 Reasons:
 National emergencies require
someone to act quickly, which
only the President can do
The “Imperial Presidency”
 President’s
power is always
growing, never shrinking
 Reasons:
 Congress creates new
executive agencies with new
powers for President to oversee
The “Imperial Presidency”
 President’s
power is always
growing, never shrinking
 Reasons:
 President can use mass media
to attract attention like no one
else in government
Types of Powers

Expressed Powers – clearly written,
spelled out in black and white in the
Constitution
 Ex. – “He shall have the power with
the advise and consent of the
Senate . . . to appoint ambassadors
. . .” etc. (Article II, Section 2)
Types of Powers
Powers – not written in
the Constitution, but reasonably
derived from expressed powers
 Ex. – Removal power isn’t
specifically mentioned, but
implied since he appoints
executive branch officials
 Implied
Executive Powers

Power to Execute the Law
 Expressed in the Oath of Office, also at the
end of Article II
 Gives him power to implement all federal
laws passed by Congress
Executive Powers

The Ordinance Power
 Implied from power to execute the
law
 Gives him power to issue executive
orders – a directive, rule, or
regulation that has the effect of law
(without Congress’s approval)
Executive Powers

The Appointment Power
 Expressed in Article II, Sec. 2
 Gives him power to appoint:
Ambassadors and diplomats
Cabinet members
Heads of agencies
Judges and U.S. Attorneys
Officers in the armed forces
Executive Powers
 The
Removal Power
 Implied from President’s
Appointment Power
 Gives him power to dismiss
anyone he appointed
But not judges!
Check for Understanding

All of the following are reasons the President’s
power consistently grows EXCEPT
A. The President’s unique access to mass media
 B. Americans’ demands for greater checks and
balances
 C. The vague ambiguity of Article II’s description of
the President’s powers
 D. National crises and emergencies that require swift
executive action

Check for Understanding

Expressed powers are those powers that are
A. specifically identified in the Constitution
 B. reasonably assumed, but not specifically stated in
the Constitution
 C. automatically given to all national governments
 D. left to the states to exercise

Check for Understanding

One of the President’s expressed powers is his
A. power to issue executive orders
 B. power to remove executive officials from office
 C. power to amend the Constitution
 D. power to execute the law

Check for Understanding

Most of the powers of the President are
expressed in
A. Article I of the Constitution
 B. Article II of the Constitution
 C. Article III of the Constitution
 D. the Amendments to the Constitution

Check for Understanding

Which of the following appointed officials is the
President UNABLE to remove from office?
A. A 4-star General in the Army
 B. A federal judge on District Court
 C. The Secretary of State
 D. The Ambassador to the United Nations

Foreign Relations Powers

Power to make treaties
 President negotiates, Senate approves
with a 2/3 vote
Foreign Relations Powers
 Power
to make executive
agreements
 Like treaties, but without Senate
approval
Foreign Relations Powers
 Power
of Recognition
 Acknowledgement of legal
existence of a country or
government
 Countries that recognize one
another trade diplomats
 President can kick diplomats
out, declaring them persona non
grata
Legislative Powers

Power to propose laws
 Expressed in Article II, Section 3
 State of the Union Address –
required once a year to update
Congress and recommend new
policies
Judicial Powers

Powers of Clemency – can use for
anyone charged or convicted on a
federal offense (not on state crimes!)
 Reprieve – postpone a sentence
 Pardon – forgive a crime
 Commutation – shortening a
sentence
 Amnesty – forgiveness for a large
group of lawbreakers
Check for Understanding

The difference between a treaty and an executive
agreement is that
A. executive agreements are more permanent
 B. treaties are legally binding, but executive
agreements are not
 C. treaties require Senate approval, but executive
agreements do not
 D. all of the above are true

Check for Understanding

The power of recognition is the power to
A. open official relations with a foreign government
 B. forgive a criminal of their crime
 C. honor and award outstanding government
officials
 D. promote military officers to higher ranks

Check for Understanding

The clemency powers generally give the
president the power to
A. conduct foreign relations
 B. monitor and control judicial branch decisions
 C. grant leniency or forgiveness to criminals
 D. remove members of Congress

Check for Understanding

A reprieve is used to
A. forgive someone of their crime
 B. delay the execution of a sentence
 C. reduce a criminal sentence
 D. forgive all who have violated a certain law

Check for Understanding

The president would not be allowed to use his
clemency powers on someone who
A. committed a serious federal felony
 B. had evaded paying their taxes for many years
 C. was a terrorism suspect
 D. committed a crime under state law

What Determines Whether a
President is Effective or Not?
 Richard
Neustadt’s Theory of
Presidential Power:
 The power of the presidency is
determined by his ability to
persuade 5 “constituencies” of
people
Neustadt’s 5 Constituencies
The Public
 His Party
 The Bureaucracy
 Congress
 Foreign Nations

 Neustadt
rates presidents based on how
they do with each of these groups
Neustadt’s 5 Constituencies
The important thing in Neustadt
Ratings is not how often you get what
you want
 It is how often you take steps to
improve your chances of getting what
you want in the future
