Transcript Constitutional Powers (cont.)

What basic powers of the
presidency directly affect the
other two branches of
government—the legislature
and the judiciary?
Constitutional Powers
• The Founders had two reasons to give the
national government a strong executive:
– One of the main weaknesses of the
Articles of Confederation was its lack of
an independent executive to carry out
the acts of Congress.
– Many of the Founders distrusted direct
participation by the people in decision
making.
Constitutional Powers (cont.)
• Article II, Sections 2 and 3 define the
president’s powers:
– The president is commander in chief of
the armed forces, responsible for
national security.
– The president appoints, and the Senate
confirms, the heads of executive
departments.
Comparing Governments
Constitutional Powers (cont.)
– The president conducts foreign policy—
making treaties (with the Senate’s
approval) and appointing ambassadors.
– The president appoints federal court
judges, can pardon those convicted of
federal crimes and can reduce a
person’s jail sentence or fine.
Comparing Governments
Constitutional Powers (cont.)
– The president ensures that the laws
Congress passes are “faithfully executed.”
– The president delivers an annual State of
the Union message to Congress, proposes
legislation, and can call Congress into
special session when necessary.
Comparing Governments
Which of the following is NOT a reason the
Founders cited for giving the national
government a strong executive?
B
A
A. A
B. B
C. C0%
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C
A. Articles of Confederation
lacked a strong executive
B. Desire to return to a
monarchy like England
C. Distrust of direct
participation by the
people
Informal Sources of Power
• A number of presidents have expanded
the powers of the executive because of
their beliefs about the office.
– Thomas Jefferson purchased the Louisiana
Territory from France.
– Theodore Roosevelt said that the president
has the right and duty to “do anything that
the needs of the Nation demanded, unless
such action was forbidden by the
Constitution or by the laws.”
Informal Sources of Power (cont.)
• Some presidents expand their power based
on the immediate needs of the nation:
– During the Civil War, Abraham Lincoln
suspended the writ of habeas corpus and
jailed opponents of the Union without trial
or the legal authority to do so.
– During the Great Depression Franklin D.
Roosevelt expanded the role of the federal
government in the economy.
Informal Sources of Power (cont.)
– Following the terrorist attacks of 2001,
George W. Bush gained sweeping authority
from Congress to fight terrorism.
• A mandate—the expressed will of the people,
often in an election—is one of the greatest
sources of political power.
• Major newspapers, magazines and the
Internet provide a forum, or medium for
discussion, for presidential messages.
Limits on Executive Power
• Congress can limit the president’s authority.
– Congress can pass legislation even after a
president has vetoed it.
– The Senate must confirm a president’s
appointees.
– The House of Representatives must
approve the budget.
– The House and the Senate can use the
impeachment process to remove the
president from office.
Limits on Executive Power (cont.)
• In Marbury v. Madison, the Supreme Court
said that it had the right to the final
interpretation of whether an act of the
legislature or the president violates the
Constitution.
• The federal bureaucracy can obstruct
presidents’ programs unintentionally by
failing to provide needed information, by
misinterpreting instructions, and by not
completing a task properly.
Limits on Executive Power (cont.)
• Public opinion can also affect a president.
Without favorable public opinion, no
president can carry out a political program.
Which role of the presidency is most
important in the context of modern
government?
A. head of state
B. chief executive
C. commander in chief
D. economic planner
A. A
B. B
C. C
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D. D
A
B
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D
Head of State
• President represents the nation and performs many
ceremonial roles
•Nation’s Chief Diplomat.
•Provides the image of the United States.
Chief Executive
• Ensures laws of Congress are carried out.
• Influences how laws are carried out by…
• Executive Orders: Rules that have force of law
• Power to Appoint: Executive Branch jobs
• Right to fire officials
• Impoundment of funds: Refusal to allow a federal
department or agency to spend money Congress
has appropriated
• Grants reprieves (postponement) and pardons (release)
Chief Executive (cont.)
• Amnesty:
• Group pardon to people for an offense against the
government (military situation – Civil War)
A presidential rule that has the force of law
is called
A. a presidential ruling.
B. an executive order.
C. an executive law.
D. a presidential veto.
A. A
B. B
C. C
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D. D
A
B
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C
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D
Chief Legislator
• Executive branch proposes legislation it wishes to see
enacted
• State of the Union:
•Legislative program presented to Congress
• Power to Veto:
• Important tool President holds over Congress
In the annual State of the Union message,
the president lays out his legislative
program by addressing
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D
B
A
A. A
B. B
C. C
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D. D
C
A. the Supreme Court.
B. his cabinet.
C. Congress.
D. the United Nations.
Economic Planner
• Employment Act of 1946:
 Directs the president to submit an annual
economic report to Congress
 Council of Economic Advisers:
 Created to study the economy
 Prepare economic report for the president
 Makes federal government responsible for
promoting high employment, production, and
purchasing power.
• President prepares the Annual Budget
Party Leader
• Chief executive is also the party leader.
• Appoint members of their party to government jobs
•Patronage: Appoint to political office as a reward for
helping getting a president elected
Chief Diplomat
• President directs the foreign policy of the U.S.
• Congress and the President often conflict over
which branch controls our country’s foreign policy
• Presidential power has expanded by allowing the
president to make decisive action in times of crisis
• President has the power to negotiate and sign treaties
• 2/3 of the Senate must approve all treaties
Chief Diplomat (cont.)
• Executive Agreement:
• Pacts between the president and the head of a
foreign government.
• Executive agreements have the same legal status
as treaties but do not require Senate consent.
• The president decides whether the U.S. will recognize
a foreign government
Commander in Chief
• President shares with Congress, power to make war.
• President is responsible for the key military decisions
and overall policy and strategy.
• President has the authority to order the use of nuclear
weapons.
• During war, Congress is likely to give the president
special powers at home as well as abroad.
Increased Responsibilities
• The Founders originally intended for the
Congress, not the president, to lead the
nation.
• Instead the powers and duties of the
president have grown steadily over the
years.
• Public opinion surveys clearly show that
Americans look to the president to keep the
peace and to solve economic and social
problems.
Leadership Qualities and Skills
• President must…
• Know what the American people want
• Have public support for Congress to support
Presidential proposals and policies
• Present their ideas in a way that gain public support
• Be flexible, be able unite Democrats-Republican
• Have political courage…to go against public opinion
and do what is right for the nation (long-term)
Presidential Isolation
• Dependency on White House staff has created
presidents that are increasingly more isolated.
Differing viewpoints are limited.
• Easy to be surrounded by “Yes Men”
• Top staffers can limit the president’s exposure to other
voices (of dissent)
• Example: Reagan’s Chief of Staff James Baker
often made decisions as if he were president (de
facto president)
As presidents rely more on White House
staff, there is an increased danger of
presidential
A. conflict.
B. isolation.
C. misunderstanding.
D. distrust.
A. A
B. B
C. C
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D. D
A
B
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C
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D
Executive Privilege
• Executive privilege:
• Right of the president and other high-ranking
executive officers, with the president’s consent, to
refuse to provide information to congress or a
Court.
• Presidents claim executive privilege is necessary to
protect their communication with executive branch
staff.
• The constitutionality and limits of executive privilege
have become controversial over time
Executive Privilege (cont.)
• As more policy has been made in the
Executive Office of the President, the
constitutionality and limits of executive
privilege have become controversial.
Presidential Powers
• Formal powers are granted in Article II of the
Constitution.
• Informal sources of power include the
president’s personal exercise of power, the
immediate needs of the nation, and public
mandates.
• Powers can be limited by Congress, the
federal courts, the bureaucracy, and by public
opinion.
Roles of the President
• Head of State—Performs ceremonial roles
• Chief Executive—Sees that laws of Congress are
carried out
• Chief Legislator—Proposes legislation
• Economic Planner—Prepares federal budget
• Party Leader—Supports party members
• Chief Diplomat—Directs foreign policy
• Commander in Chief—Commands armed forces of
the United States
Presidential Leadership Skills
• Understanding of the public
• Ability to communicate
• Sense of timing
• Openness to new ideas
• Ability to compromise
• Political courage