Transcript Presidential Power

Presidential Power
Ch. 14
The Growth of
Presidential Power
#1: Art. II of the Const. Says, “The
executive power shall be vested in a
President of the United States of America.”
The Growth of
Presidential Power
Art. II of the Const. Says, “The executive power shall be vested in a
President of the United States of America.”
The Anti-Federalists wanted to severely limit the
powers of the President.
“Considered the executive magistracy as nothing more
than an institution for carrying the will of the
legislature into effect, that the persons ought to be
appointed by and accountable to the legislature only,
which was the depository of the supreme will of the
Society.”
The Growth of
Presidential Power
Why has the power grown?
The Growth of
Presidential Power
Why has the power grown?
Unity of the presidency.
#5: More complex social and economic life.
#6: Frequent need for extraordinary and
decisive action in times of national emergency.
#7: Congress has passed thousands of laws,
strengthening the office.
Mass media.
The Growth of
Presidential Power
Presidential Views
#8: Stewardship Theory:
“My belief was that it was not only right but his
duty to do anything that the needs of the Nation
demanded unless such action was forbidden by
the Constitution or by the laws.”
Theodore Roosevelt, 1913
The Growth of
Presidential Power
Presidential Views
Literalist View:
“…the President can exercise no power which
cannot be fairly and reasonably traced to some
specific grant of power or justly implied and
included within such express grant…Such
specific grant must be either in the Federal
Constitution or in an act of Congress passed in
pursuance thereof.”
William Howard Taft, 1916
The Growth of
Presidential Power
#9: Critics of strong presidential power
condemn what they call the imperial
presidency.
Term used frequently to refer to Nixon.
What about Bush 43?
Who are our best Presidents?
Did Bush expand Presidential power
too much?
Power of the Presidency
Executive Powers
Ordinance Power
Executive orders
Directives, rules,
or regulations
that have the
power of law.
Executive Powers
Appointment Power
P. appoints most of the top-ranking officers of
the Federal Gov., such as:
Ambassadors & other diplomats;
Cabinet members and their top aides;
Heads of independent agencies.
All federal judges, U.S. marshals, and attorneys.
All officers in the armed forces.
Must have Senate confirmation.
Executive Powers
Removal Power
Does not require Senate approval.
Cannot remove federal judges. Why not?
X
Chief Citizen
Annual White House Easter Egg Roll
Diplomatic & Military Powers
Treaty Power
Long-term agreements with other nations.
Require Senate ratification.
President Bush, Russian President
Putin Sign Nuclear Arms Treaty
May 24, 2002
Diplomatic & Military Powers
Executive Agreements
Short-term agreements with other nations.
Do not require Senate ratification.
Diplomatic & Military Powers
Power of Recognition
Acknowledges the legal existence of a country and
its government.
Diplomatic & Military Powers
Commander-in-Chief
In charge of the military and foreign affairs.
Diplomatic & Military Powers
War-time
powers
Congress can
(and usually
does) give the
P.
authorization
to do all kinds
of things.
Diplomatic & Military Powers
War-time powers
War Powers Resolution
Meant to limit presidential war-making
powers.
Diplomatic & Military Powers
Crimes on the high seas—piracy.
How did Obama use the military to deal
with the Somali pirates?
4/13/09: “President Barack Obama, who gave permission for
the military operation to free Phillips, is coordinating the
U.S. response to piracy with other countries and the shipping
industry to reduce vessels’ vulnerability to attack, boost
operations to foil attacks and prosecute any captured
suspects, said a senior administration official.”
Legislative Powers
Recommend
Legislation
President Promotes his Stimulus
Package Remarks by the President at the 2009 On-Line
Public Town hall Meeting
Legislative Powers
Veto
Legislative Powers
Veto
Does the P.
have the lineitem veto?
Legislative Powers
Call Congress
into special
session.
Judicial Powers
CLEMENCY—3 TYPES:
REPRIEVE
COMMUTATION
PARDON
Judicial Powers
Reprieve
Temporary
postponement
of the sentence.
Judicial Powers
Commutation
substitution of a lesser
for a greater
punishment. A
commutation may be
conditional or
unconditional
•White House aide Lewis "Scooter" Libby faced 30
months in prison.
•Libby will not serve that sentence but will pay
$200,000 fine.
•Libby convicted of in relation to 2003 CIA leak of
operative's identity
Below is the text of the clemency state signed by President Bush Monday
that commuted I Lewis "Scooter" Libby's 30-month prison sentence.
GRANT OF EXECUTIVE CLEMENCY BY THE PRESIDENT OF THE UNITED
STATES OF AMERICA
A PROCLAMATION
WHEREAS Lewis Libby was convicted in the United States District Court for the
District of Columbia in the case United States v. Libby, Crim. No. 05-394 (RBW),
for which a sentence of 30 months' imprisonment, 2 years' supervised release, a
fine of $250,000, and a special assessment of $400 was imposed on June 22,
2007.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States
of America, pursuant to my powers under Article II, Section 2, of the Constitution,
do hereby commute the prison terms imposed by the sentence upon the said Lewis
Libby to expire immediately, leaving intact and in effect the two-year term of
supervised release, with all its conditions, and all other components of the
sentence.
IN WITNESS THEREOF, I have hereunto set my hand this second day of
July, in the year of our Lord two thousand and seven, and of the Independence of
the United States of America the two hundred and thirty-first.
/signed/
GEORGE W. BUSH
Judicial Powers
Pardon
Remission of a penalty.
It is an act of grace or
forgiveness that
relieves the person
pardoned from some or
all of the ramifications
of lawful punishment
Will Bush pardon Libby?
Susan McDougal received a full
Presidential pardon from
outgoing President Bill Clinton
in the final hours of his
presidency in 2001
Judicial Powers
Amnesty: Pardon for a group.
What will Obama’s top priorities be
as President?
Stabilize the financial system.
Energy independence.
Health care reform.
Tax cuts for the middle class.
Educational system reform.
What about the economy?