Transcript Presidential powers

So much to do…and so little time…
 The President’s powers can be broken down into a few
major categories:
1. Executive
2. Diplomatic and Military
3. Legislative
4. Judicial
 The Executive Article of The Constitution.
 Article II reads: “The executive Power shall be vested in a
President of the United States of America.”
 Decided: There will be a single, unifying figure who
holds the executive powers.
 The Office of the President has strengthened over
time, meaning Presidential power has grown.
 Why?
 As the U.S. became more industrialized, people
demanded that the Federal Government pay closer
attention to these new developments.
Think: transportation, health care, the environment,
etc.
 When national emergencies arise, the President must
make quick decisions. Wars, the September 11th terrorist
attacks, and Hurricane Sandy are good examples.
 The oath of office is sworn by the President:
 “I do solemnly swear that I will faithfully execute the
Office of President of the United Sates, and will to the
best of my Ability, preserve, protect and defend the
Constitution of the United States”
 Presidential discretion is the ability of the President
to choose how strictly he or she enforces a law.
 The Constitution requires the President to execute ALL
laws, whether they agree with it or not, but…
 Executive Order- a directive, rule, or regulation that
has the effect of law
 Orders cover lots of things—especially establishing
specialized committees and councils.
 Ordinance power- the power of the President to issue
these orders
Why might the President want to set up specialized
committees and councils?
 Appointment Power- with Senate consent, the
President names most of the top-ranking officers of
the Federal Government
 Ambassadors and other diplomats
 Cabinet members and their top aids
 Heads of key independent agencies, like NASA and EPA
 All federal judges and justices, U.S. marshals, and
attorneys
 All officers in the armed forces
 Removal Power- power NOT found in the
Constitution
 Historically controversial!
 General rule: the President may remove those whom
the President appoints.
 Officials usually end up resigning before the President
officially removes them
Diplomatic and Military Powers—Part 1
 Treaty- a formal agreement between two or more
sovereign states
 The President has the power to make treaties, but they
must be approved by the Senate (2/3 rds vote)
 Treaties have the same legal standing as acts passed by
Congress—they are just as “official”
Diplomatic and Military Powers—Part 2
 Executive Agreement- an agreement made between
the President and the leader of a foreign state.
 They are commonly used for routine international
agreements that coincide with laws already passed by
Congress.
 These agreements DO NOT have to be approved by the
Senate.
 What are some advantages of not needing to get
Senate approval?
Diplomatic and Military Powers—Part 3
 Power of Recognition- the ability to officially
acknowledge the legal existence of a country and its
government
 Done by officially receiving diplomats from that country
 Means that the US accepts that country as “an equal” in
the family of nations
 Persona non grata- a foreign official who is being
asked to leave by the President of the United States
 Used very rarely as a harsh punishment for
inappropriate conduct by a foreign nation
 Basically withdraws recognition of that country
Diplomatic and Military Powers—Part 4
 As Commander in Chief…
 The President has nearly unlimited power
 The President delegates much of their command
authority to subordinates (Generals and other officers)
 The President has final responsibility for all military
matters
 Ways our military gets involved
President sends them
2. Congressional Resolutions- Congress authorizes the
President to use military force
1.
 Cuban Missile Crisis, Vietnam, Desert Storm, Afghanistan,
Iraq
Diplomatic and Military Powers—Part 5

War Powers Resolution



Passed by Congress in 1973
Designed to place limits on the President’s warmaking powers
Requires that:
The President make a detailed report to Congress
within 48 hours of committing American forces to
combat abroad
2. The combat commitment end within 60 days, unless
Congress agrees to longer.
3. Congress may end the combat commitment at any time
by passing a resolution
1.
Legislative Powers—Part 1
 Two main Legislative powers of the President:
1.
Recommends Legislation
2.
Veto Power
Legislative Powers—Part 2
 Recommends Legislation- encourages Congress to
enact laws he thinks to be necessary for the good of
the country
 Uses events like the annual State of the Union address to
send these messages
 What document gives the President the power to make
these recommendations?
Legislative Powers—Part 3

Veto Power- the ability to return a bill to Congress unsigned
 All items passed through Congress MUST be presented
to the President
 Options:
1. Sign the bill it becomes law
2. Veto bill returned to Congress, BUT Congress can
override the veto with a 2/3rds vote in EACH of its
two chambers
3. Abstain from doing anything bill becomes law
after 10 days (rarely happens)
4. Pocket Veto used at the end of a Congressional
session; if there are fewer than 10 days left “in
session”, the President can leave the bills alone and
they will “die”
Legislative Powers—Part 4
 When a President decides to veto a bill, he must reject
the entire measure.
 He cannot just veto certain parts.
 Line-item veto- the ability to cancel specific dollar
amounts (line items) in spending bills enacted by
Congress
 The President DOES NOT have this power, but many
have wanted it.
 If the President could veto specific items, what would
this do to Presidential power?
Legislative Powers—Part 5
 President can:
 Call special sessions of Congress
 Last time was President Truman in 1948 to discuss postWWII money issues
 Adjourn Congress whenever the two houses cannot
agree on a date for adjournment (SEND THEM HOME)
 Has never had to happen
Judicial Powers—Part 1
 Powers of Clemency- powers of mercy or leniency, to
be used only in federal offenses
 Reprieve- a postponement of the execution of a sentence
 Usually done so the accused can appeal the verdict (especially
in Death Penalty cases)
 Pardon- legal forgiveness of a crime and the penalty
associated with it
 The President can pardon people who have committed a
Federal offense; the Governor deals with state matters
 The offender must ACCEPT the pardon in order for it to be
valid.
Judicial Powers—Part 2
 Most famous Presidential
pardon:
 President Gerald Ford
pardoned the resigned
President Nixon for the
Watergate scandal
 “for all offenses against the
United States…which he
has committed or may
have committed…from
January 20, 1969-August 9,
1974”
Judicial Powers—Part 3
 Conditional pardons-when the pardon’s effectiveness
depends on fulfillment of a condition by the offender,
usually a lesser punishment
 You will be pardoned if you…
 Power of Commutation- the power to reduce the
length of a sentence or fine imposed by the court
Judicial Powers—Part 4
 Power of Amnesty- a blanket
pardon offered to a group of
law breakers
 In 1977, President Carter
granted amnesty to all
Vietnam War draft evaders.