Transcript Congress vs. President

Congress vs. President
&
The Imperial President
AP US Govt. 3/5/13
Have out your Congress vs.
President chart
Objective: To better understand the
issues of conflict between the
President and Congress
II. Sources of conflict between Pres./Congress
1. Sep of powers/checks & balances
2. Different Constituencies (Yucca Mountain-13 billion)
3. Different election times-difficult to gain excessive
power
1. Bush 2000-2006 VS 2006-2008
4. Partisanship
1. Opposing party
2. Intra-party struggles are common-
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I. Sources of conflict cont…
5. “Two Presidencies” thesis:
1. Congress more cooperative on which issues
2. Congress less cooperative on which issues
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Imperial President
Objective: Areas of possible
presidential abuse and how does
Congress respond
Imperial Pres.1. War Powers:
1. Constitutional conflict
2. Vietnam, Korea, Kuwait, Haiti, Iraq, Afghanistan,
etc.
3. Congress=Funding
4. Formal declaration=transfer of Emergency
powers………………………………………
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Emergency Powers & Executive
Agreements (SEE NEXT SLIDE)
1. National Emergency 1. Executive Agreements
Powers (war/brink of)
(Chief Diplomat)
1. Suspend habeas corpus
2. PATRIOT Act
3. Control comm. and
transportation
4. Telephone records-NSA
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1. No Senate ratification
2. Examples: recognizing
foreign govt, agreements
auth. by a prior treaty
(mutual defense), int.
trade agreements
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In an emergency!
• Vesting Clause (“The executive Power shall be
vested in a President of the United States of America”)
• President's oath of office (“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”)—the only oath that is
constitutionally prescribed.
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Executive Privilege
1. Conversations between Pres and advisors
(secret)
1. Straightforward advice (Security Purposes)
2. US v. Nixon (1974)=no executive privilege in
CRIMINAL CASES!!!
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Impoundment and Vetoes
1. Refuse to spend money appropriated by Congress
1.
Early 1970s-Nixon-4% of budget (Pork, Earmarks)
2. Without line item veto(Signing StatementsPresident Comments on legislation)
Vetoes
1. Over 90% of vetoes sustained
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Congress reacts to Imperial
Presidency
Objective: Analyze how
Congress checks the president
I. War PowersWar Powers Act
1973 (Political Hot Potato)
1. Must notify congress w/n 48 hours
2. Must withdraw after 60 days (can be extended
30 days-safety of troops)
3. Consult Congress-troops engage in combat
Criticisms
1. Unconstitutional- “Commander in Chief”
• Vetoed by Nixon, overridden
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II. Emergency PowersNational
Emergencies Act of 1976
1. Pres. must inform Congress in advance
of powers
2. State of emergency-auto. Ends 6 months
3. Pres. can declare another 6 monthscongressional review (vote)
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III. ImpoundmentBudget and
Impoundment Control Act of 1974
1. Deferral- Pres. impounds funds temp.
either house can override
2. Rescission- Pres. impounds funds
perm. Act-voided unless Congress
approve-45 days
3. Creation of Budget Committees in
each house
• Vetoed by Nixon, overridden
4. CBO is created
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Legislative Veto
HW: INS v. Chadha (’83)
1. In the past:
1. Congresspassed a law
2. Relevant executive agency issued regs. To
enforce the law
3. Congress then could veto (legislative veto-one
branch) them if so desired
2. Legislative Veto: force the bureaucracy to
conform to congressional intent
3. INS v. Chadha (’83) SC declared the
legislative veto unconstitutional
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