American Citizenship
Chapter 14
The Presidency in Action
Section 1
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The Growth of Presidential Power
Article II
The Constitution’s “Executive Article”
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Power to:
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Command Armed Forces
Make Treaties
Approve or veto acts of Congress
Receive Diplomatic representatives
Grant pardon
“To take Care that the Laws be faithfully
executed”
Why Presidential Power Has
Grown
As American has grown more complex socially
and economically
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Americans have looked especially to the President
for leadership in the Federal Government having a
bigger role
Wars have also led to the strengthening the
executive power
Congress has also passed laws that allow the
Executive to help carry out its laws
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President’s have greatly used Mass Media to help
build support and attention for policies and actions
The Presidential View
Recently people have condemned
“imperial presidency”
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President as an emperor, taking strong
actions without consulting Congress or
seeking its approval
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Example: Richard Nixon
Section 2
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The President’s Executive Powers
Executing the Law
Must take the oath of office
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“I do solemnly swear (or affirm) that I will faithfully
execute the Office of President of the United States,
and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States”
Article II, Section 1, Clause 8
Obama’s Oath of Office
Power to execute the law covers all federal
laws
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However, President’s can view laws in bias ways
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Congress allows Executive branch to define many of the
day-to-day details about laws
The Ordinance Power
President can call for an executive
order
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A directive, rule or regulation that has the
effect of law
Comes from ordinance power
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ability to issues the executive, which comes from
the Constitution and acts of Congress
The Appointment Power
President names top-ranking offices of
the Federal Government:
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Ambassadors and other diplomats
Cabinet members and their top aides
The heads of such independent agencies as
EPA or NASA
Federal judges, U.S. marshals
Offices in the armed forces
Must be approved by the Senate
The Removal Power
The Historical Debate
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President can remove any office he
appointed, except federal judges
Removal and the Court
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The President can remove most officials that
they appoint
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however they can not remove any from
independent regulatory commissions
Section 3
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Diplomatic and Military Powers
The Power to Make Treaties
President, usually through the secretary of
state, negotiates treaties
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Formal agreement between two or more sovereign
states
Must be approved by a two-thirds vote of the
members present in Senate
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However the Senate does not ratify the treaty
Treaties are just as legal as acts passed by
Congress
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Senate considered able to keep secrecy better than
House of Representatives
Executive Agreements
A pact between the President and the
head of a foreign state, or between their
subordinates
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Does not require Senate consent
The Power of Recognition
President receives the diplomatic
representatives of another sovereign
state, the President exercises the power
of recognition
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Acknowledges the legal existence of that
country and its government
Does not mean that one government
approves of the character and conduct of
another
The Power of Recognition
(Con’t)
Could be used as a weapon in foreign
relations
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President may show American displeasure
with the conduct of another country by
asking diplomatic representatives in this
country to leave
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that individual is called persona non grata
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an unwelcome person
Sharpest diplomatic rebuke for countries
Commander in Chief
President has power almost without limit
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Though Congress has the power to take away
funding, rarely if ever done
Making Undeclared War
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Can a President go to war, without declaring war?
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Some say no legally
However Presidents have done it since John Adams
Congressional Resolutions
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Congress can enact joint resolutions to authorize
the President to meet certain international crises
with military forces
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Every U.S. war since WWII
Commander in Chief (Con’t)
Other uses of Military Power
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Sending of U.S. forces to foreign nations to
protect U.S. interests without declaring war
or without congress approval
The War Powers Resolution
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Passed in 1973 during the Vietnam War
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designed to place close limits on the President’s
war-making powers
Section 4
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Legislative and Judicial Powers
Legislative Powers
Recommending Legislation
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President has Message Power
Sends three messages to Congress a year
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State of the Union Address
President’s Budget message
Annual Economic Report
Along with other request Congress to enact
certain laws
Legislative Powers (Con’t)
Veto Power
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President has four options when he receives a
measure passed by Congress
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Sign the bill and it becomes laws
They may veto the law
allow the bill to become law by not acting on it
within 10 days (Not counting Sundays)
Pocket veto
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If congress adjourns within 10 days of bill passage, the
President can refuse to sign, which kills the vote
Legislative Powers (Con’t)
The Line-Item Veto
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Ability to veto specific parts of bills
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However, very questionable about it’s
constitutionality
Other Legislative Powers
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President can call a special session of
Congress
Ex. Pearl Harbor-FDR
Judicial Powers
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President can give a reprieve and a pardon
Postponement of the execution of a sentence
Legal forgiveness of a crime
President can only give clemency in cases
that involve federal offenses
A pardon must be accepted by the individual in
order to take affect
Commutation
Ability for President to reduce the length of a
sentence
Generally given towards the end of a
Presidents last term