Transcript Target 8.4 ConstitutionalPowers

The Modern
Presidency
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8.4 Constitutional Powers and Duties of
the President
The Powers of the Presidency Have
Grown Substantially in Modern Times...
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8.4 Constitutional Powers and Duties of
the President
…Many modern presidential powers are
NOT specifically stated in the Constitution.
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8.4 Constitutional Powers
• 4a Growing Presidential Power
o In addition to expressed constitutional powers and the inherent powers
claimed by presidents…
o …Congress has granted broad authority to presidents (often to deal with
crises)
o i. CASE STUDY – War Authorization (2001)
• Authorization for the use of military force = Authority to fight the war
on terrorism!!
• Why would congress give the president such wide ranging powers?
• How does politics play into the story?
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8.4 Constitutional Powers
• Executive powers
• Military powers
• Legislative powers
• Diplomatic powers
• Judicial powers
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8.4 Constitutional Powers
• 4b Executive - Basic role of the President is to
“execute” or carry out the law.
o “The executive power shall be invested in a President of the United States of
America.” (Art II, Sec 1, p 1)
o “he shall take Care that the Laws be faithfully executed…” (Art. II, sec. 3)
• This is one of the most “elastic” phrases of the Constitution.
Executive Action – Immigration
26 States Sue, Judge Orders
Temporary Stay
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8.4 Constitutional Powers
• Views of Executive Power
o I have used every ounce of power
there was in the office and I have
not cared a rap for the criticisms of
those who spoke of my usurpation of
power... I believe that the efficiency
of this Government depends upon its
possessing a strong central
executive…
o Theodore Roosevelt, 1908
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8.4 Constitutional Powers
• 4b Executive
o Presidents can invoke “Executive Privilege”, especially on matters of
national security.
o U.S. v. Nixon (1974)
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8.4 Constitutional Powers
• 4b Executive
o Cast Study – Little Rock Nine
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8.4 Constitutional Powers
• 4c Legislative Powers
o Formal…
• Veto power (expressed)
• Federal Budgets (Statute)
o Informal…
• Expected to lead on policy
• Policy Agenda - State of the
Union Address
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8.4 Constitutional Powers
• 4c Legislative Powers - The Veto
o Expressed legislative constitutional power (only one).
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8.4 Constitutional Powers
• 4c Legislative Powers - Budgetary Powers
o 1921…
o OMB (Office of Management & Budget – 1970)
Obama Unveils 2011 Federal Budget / Partisan Bickering
(NPR, Feb 11, 2011)
8.4 Constitutional Powers
• Nominates Federal Judges……. Presidents can
“Shape” the Court
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8.4 Constitutional Powers
• Grant pardons for
federal crimes
o Ford Pardons Nixon
o In Depth
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8.4 Constitutional Powers
• 4e Diplomatic Powers
o President = Head of State
o Treaties with Foreign nations…
• … Requires the “Advice and
consent” of the Senate (2/3 rds
vote)
o Obama … Cuba (Dec 2014)
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8.4 Constitutional Powers
• 4e Diplomatic Powers
o Executive Agreements
o Diplomatic Recognition
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8.4 Constitutional Powers
“The President shall be Commander in
Chief of the Army and Navy of the United
States” (Art. II, Sec 2, par 1)

The President’s role as Commander in Chief is
perhaps his most vital.
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8.4 Constitutional Powers
In Depth
Executive Orders &
Inherent Powers
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8.4 In-Depth, Directives & Executive Orders
• “Presidential Directives”
o Most common are Executive Order
• Have the force of law
• Can be challenged / reversed
o
National Security Directives and “ findings”
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8.4 In-Depth, Directives & Executive Orders
• Japanese Internment
o FDR’s 1942 E.O. 9066
o Court: removal…, though
constitutionally suspect, is
justified during circumstances
of "emergency and peril."
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8.4 In-Depth, Directives & Executive Orders
• Clinton signs an executive
order on the rim of the Grand
Canyon
o Broad congressional statute………
Executive Orders
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8.4 In-Depth, Inherent Powers & National Security
• All presidents have claimed “inherent” powers
o Domestic eavesdropping
• Bush Defends Wiretapping
o Capture and Render terror suspects
• Nov. 13, 2001 President Bush issues “finding”
o Enhanced interrogation
Cheney’s Law
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8.4 In-depth, Inherent Powers & National Security
• “There were a powerful set of
shared assumptions that we had
in the wake of 9/11, and one of
the most powerful was the
assumption that we would never
be forgiven if we failed to do
something that was within the
power of our government
lawfully to protect the public
from a further attack”
o Bradford Berenson, Associate
White House Counsel To
President Bush
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8.4 In-depth, Inherent Powers & National Security
• John Yoo, Memo (9/25/01)
o The President has broad constitutional power to take military
action in response to the terrorist attacks on the United States
on September 11, 2001. Congress has acknowledged this
inherent executive power in both the War Powers Resolution
and the Joint Resolution passed by Congress on September 14,
2001…..The President has constitutional power not only to
retaliate against any person, organization, or State suspected
of involvement in terrorist attacks on the United States, but also
against foreign States suspected of harboring or supporting
such organizations….. The President may deploy military force
preemptively against terrorist organizations or the States that
harbor or support them, whether or not they can be linked to
the specific terrorist incidents of September 11.
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8.4 In-depth, Inherent Powers & National Security
• … to use all necessary and appropriate force against those
nations, organizations, or persons he determines planned,
authorized, committed, or aided the terrorist attacks that
occurred on Sept. 11, 2001, or harbored such organizations or
persons, in order to prevent any future acts of international
terrorism against the United States by such nations, organizations
or persons. -- War Authorization Act, 2001
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8.4 In-depth, Inherent Powers & National Security
• Obama signs order to shut
down Gitmo (NY Times)
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Finis Perfectus
Jump to Organization
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