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:
 President is one person –
doesn’t argue with himself like
Congress or the Courts
The “Imperial Presidency”
 President’s
power is always
growing, never shrinking
 Reasons:
 Life in America gets more
complicated, people look to the
President to fix problems
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
programs, which executive
branch must 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!
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
 Not really expressed or implied, he
just can do it since he’s so closely
watched
 Best time to propose new laws –
the State of the Union Address,
where the President must inform
the nation once a year of our
present situation
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
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
