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Presidency in action

Presidency in action






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    Presidency in action Presidency in action Presentation Transcript

    • Growth ofPresidentialPowerExecutivePowersDiplomatic &MilitaryPowersLegislative &JudicialPowersTHEPRESIDENCYIN ACTION
    •  Executive article “take care that the Laws befaithfully executed.” Loosely drawn; vague Role & Scope of office hotlydebated throughout America’shistory.ARTICLE II
    • Unity of the Office One president v. 538 Membersof CongressThe Officeholders Scope of office expanded bysheer force of personalityNeed for decisive action War & Natural DisastersCongress Given President increasingpower over policyUsing the Media FDR Bully PulpitWHY PRESIDENTIAL POWER HAS GROWN
    •  Advocated by Teddy Roosevelt Strong, effective chief executives President can and must do anything that is not specificallyforbidden by the constitution to help the countrySTEWARDSHIP THEORY
    •  Articulated by Taft President can only do thatwhich is specifically in theConstitutionCONSTITUTIONALISM THEORY
    •  Critique of the expansion of the office Modern presidents more like emperors Who? https://www.youtube.com/watch?v=Ch8HNBL1LjYIMPERIAL PRESIDENCY
    •  Oath of Office Must execute all the laws President has some discretion as to how vigorously Congress deals in broad policies and standards Details left up to Executive BranchEXECUTING THE LAW
    • Executive Order Directive, rule, or regulationconcerning the executivebranch Force and effect of law Day to day business of thePresident Executive Order -- Continuanceof Advisory Councilh t t p : / / w w w . w h i t e h o u s e . g o v / t h e - p r e s s -o f f i c e / 2 0 1 3 / 0 4 / 0 5 / e x e c u t i v e - o r d e r - c o n t i n u a n c e - a d v i s o r y -c o u n c i lExamples Lincoln’s EmancipationProclamation FDR: Executive Order 9066(Japanese internment)ORDINANCE POWER
    •  President needs loyal subordinates Constitution grants power to appoint Higher positions require Senate confirmation Increasingly partisan processAPPOINTMENT POWER
    •  Should the president need Senatorialapproval to dismiss employees? Tenure of Office Act (1867) Required Senate approval of apresidential firing Repealed in 1887REMOVAL POWER
    • Myers v. United States (1926) Power of removal is essential to the president’s powerHumphrey’s Executor v. United States (1935) President cannot remove some office holders due todifferences in opinionREMOVAL POWER &THE SUPREME COURT
    •  President has tremendous power in this field Why?DIPLOMATIC & MILITARY POWERS
    •  Force and effect of law Requires Senate approval by2/3 majorityTreaty of Versailles (1920) Wilson negotiates treaty toend WW I Came up 7 votes shortExecutive Agreements President and other head ofstate No Senate consent Lend-Lease Act (1940)TREATY-MAKING POWER
    •  President receives diplomaticrepresentatives Acknowledge the legalexistence of a country orgovernment Not an endorsement TR’s quick recognition ofPanama (1903) Truman recognizes Israel (1947) President can declare adiplomat persona non grata Washington threw out CitizenGenetPOWER OF RECOGNITION
    •  Civilian Command of themilitary TR’s Great White Fleet Delegate most commandauthority to military leaders Washington led troops to theWhiskey Rebellion Lincoln gave instructions togenerals LBJ picked out bombingtargets himselfCOMMANDER IN CHIEF
    •  As Commander in Chief president can deploy military John Adams (1798) instructed the Navy to engage with Frenchwarships Jefferson & Madison waged war against the Barbary Pirates Korea VietnamMAKING WAR WITHOUT THE PAPERWORK
    •  1962: JFK; Soviet missiles inCuba 1964: LBJ; Gulf of TonkinResolution 1991: George H.W. Bush;Operation Desert Storm 2001: George W. Bush ; War onTerror (and Afghanistan) 2002: George W. Bush; War inIraqASK AND YE SHALL RECEIVE:CONGRESSIONAL RESOLUTIONS TOAUTHORIZE MILITARY FORCE
    •  1983: Reagan invades Grenada 1989: H.W. Bush invades Panama 1999: Clinton sends troops to endethnic cleansing in KosovoPRESIDENTS ACTING ALONE
    • Recommending Legislation State of the Union Gives a budget to Congress (suggestion)Veto PowerLine-item Veto Should the President be able to veto part of a bill? 1996 law passed Ruled unconstitutionalLEGISLATIVE POWERS
    • Pardons Ford pardons Nixon 1974 –Good idea?Commutation Reduce the length of asentence or fineAmnesty Blanket pardon 1977: Carter grantedamnesty to Vietnam Wardraft evaders http:// www.you tu be.c o m/ wa tch? v =e JAq VX B Z0 YI http://www.youtube.com/watch?v=K2i M3Lwk6MYJUDICIAL POWERS