Chapter 14 PPT - Ash Grove R

American Citizenship Chapter 14 The Presidency in Action

Section 1 

The Growth of Presidential Power

Article II The Constitution’s “Executive Article”

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Power to:      

Command Armed Forces Make Treaties Approve or veto acts of Congress Receive Diplomatic representatives Grant pardon “To take Care that the Laws be faithfully executed”

Why Presidential Power Has Grown As American has grown more complex socially and economically

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Americans have looked especially to the President for leadership in the Federal Government having a bigger role

Wars have also led to the strengthening the executive power Congress has also passed laws that allow the Executive to help carry out its laws

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President’s have greatly used Mass Media to help build support and attention for policies and actions

The Presidential View Recently people have condemned “imperial presidency”

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President as an emperor, taking strong actions without consulting Congress or seeking its approval 

Example: Richard Nixon

Section 2 

The President’s Executive Powers

Executing the Law Must take the oath of office

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“I do solemnly swear (or affirm) that 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”

Article II, Section 1, Clause 8

Obama’s Oath of Office

Power to execute the law covers all federal laws

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However, President’s can view laws in bias ways 

Congress allows Executive branch to define many of the day-to-day details about laws

The Ordinance Power President can call for an executive order

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A directive, rule or regulation that has the effect of law Comes from ordinance power 

ability to issues the executive, which comes from the Constitution and acts of Congress

The Appointment Power President names top-ranking offices of the Federal Government:

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Ambassadors and other diplomats Cabinet members and their top aides The heads of such independent agencies as EPA or NASA Federal judges, U.S. marshals Offices in the armed forces

Must be approved by the Senate

The Removal Power The Historical Debate

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President can remove any office he appointed, except federal judges

Removal and the Court

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The President can remove most officials that they appoint 

however they can not remove any from independent regulatory commissions

Section 3 

Diplomatic and Military Powers

The Power to Make Treaties President, usually through the secretary of state, negotiates treaties

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Formal agreement between two or more sovereign states Must be approved by a two-thirds vote of the members present in Senate

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However the Senate does not ratify the treaty

Treaties are just as legal as acts passed by Congress

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Senate considered able to keep secrecy better than House of Representatives

Executive Agreements A pact between the President and the head of a foreign state, or between their subordinates

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Does not require Senate consent

The Power of Recognition President receives the diplomatic representatives of another sovereign state, the President exercises the power of recognition

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Acknowledges the legal existence of that country and its government Does not mean that one government approves of the character and conduct of another

The Power of Recognition (Con’t) Could be used as a weapon in foreign relations

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President may show American displeasure with the conduct of another country by asking diplomatic representatives in this country to leave 

that individual is called persona non grata –

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an unwelcome person

Sharpest diplomatic rebuke for countries

Commander in Chief President has power almost without limit

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Though Congress has the power to take away funding, rarely if ever done

Making Undeclared War

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Can a President go to war, without declaring war?  

Some say no legally However Presidents have done it since John Adams

Congressional Resolutions

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Congress can enact joint resolutions to authorize the President to meet certain international crises with military forces 

Every U.S. war since WWII

Commander in Chief (Con’t) Other uses of Military Power

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Sending of U.S. forces to foreign nations to protect U.S. interests without declaring war or without congress approval

The War Powers Resolution

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Passed in 1973 during the Vietnam War 

designed to place close limits on the President’s war-making powers

Section 4 

Legislative and Judicial Powers

Legislative Powers Recommending Legislation

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President has Message Power Sends three messages to Congress a year    

State of the Union Address President’s Budget message Annual Economic Report Along with other request Congress to enact certain laws

Legislative Powers (Con’t) Veto Power

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President has four options when he receives a measure passed by Congress    

Sign the bill and it becomes laws They may veto the law allow the bill to become law by not acting on it within 10 days (Not counting Sundays) Pocket veto –

If congress adjourns within 10 days of bill passage, the President can refuse to sign, which kills the vote

Legislative Powers (Con’t) The Line-Item Veto

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Ability to veto specific parts of bills 

However, very questionable about it’s constitutionality

Other Legislative Powers

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President can call a special session of Congress Ex. Pearl Harbor-FDR

Judicial Powers 

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President can give a reprieve and a pardon Postponement of the execution of a sentence Legal forgiveness of a crime

President can only give clemency in cases that involve federal offenses A pardon must be accepted by the individual in order to take affect

Commutation

Ability for President to reduce the length of a sentence

Generally given towards the end of a Presidents last term