2. Executive article
“take care that the Laws be
faithfully executed.”
Loosely drawn; vague
Role & Scope of office hotly
debated throughout America’s
history.
ARTICLE II
3. Unity of the Office
One president v. 538 Members
of Congress
The Officeholders
Scope of office expanded by
sheer force of personality
Need for decisive action
War & Natural Disasters
Congress
Given President increasing
power over policy
Using the Media
FDR
Bully Pulpit
WHY PRESIDENTIAL POWER HAS GROWN
5. Advocated by Teddy Roosevelt
Strong, effective chief executives
President can and must do anything that is not specifically
forbidden by the constitution to help the country
STEWARDSHIP THEORY
6. Articulated by Taft
President can only do that
which is specifically in the
Constitution
CONSTITUTIONALISM THEORY
7. Critique of the expansion of the office
Modern presidents more like emperors
Who? https://www.youtube.com/watch?v=Ch8HNBL1LjY
IMPERIAL PRESIDENCY
8. Oath of Office
Congress deals with broad ideas
Details left up to Executive Branch
EXECUTING THE LAW
9. Executive Order
Directive concerning the executive
branch
Force and effect of law
Day to day business of the
President
Examples
Lincoln’s Emancipation
Proclamation
FDR: Executive Order 9066
(Japanese internment)
ORDINANCE POWER
10. President needs loyal subordinates
Higher positions require Senate confirmation
Increasingly partisan process
APPOINTMENT POWER
11. Why does the president need to be able
to fire people?
Tenure of Office Act (1867)
Required Senate approval of a
presidential firing
Repealed in 1887
REMOVAL POWER
12. Myers v. United States (1926)
Power of removal is essential to the president’s power
Humphrey’s Executor v. United States (1935)
President cannot remove some office holders due to
differences in opinion
REMOVAL POWER &
THE SUPREME COURT
13. President has tremendous power in this field
Why?
DIPLOMATIC & MILITARY POWERS
14. Force and effect of law
Requires Senate approval by
2/3 majority
Treaty of Versailles (1920)
Wilson negotiates treaty to
end WW I
Came up 7 votes short
Executive Agreements
President and other head of
state
No Senate consent
Lend-Lease Act (1940)
TREATY-MAKING POWER
15. Legally acknowledges a country
Examples:
TR’s quick recognition of
Panama (1903)
Truman recognizes Israel (1947)
President can declare a
diplomat persona non grata
Washington threw out Citizen
Genet
POWER OF RECOGNITION
16. Civilian Command of the
military
TR’s Great White Fleet
Plans/Decisions (Manchester Pt 1)
Washington & Whiskey
Rebellion
Lincoln gave instructions to
generals
LBJ picked out bombing
targets himself
COMMANDER IN CHIEF
17. As Commander in Chief president can deploy military
John Adams (1798) had the Navy engage with French warships
Jefferson & Madison waged war against the Barbary Pirates
Korea
Vietnam
MAKING WAR WITHOUT THE PAPERWORK
18. 1962: JFK; Soviet missiles in
Cuba
1964: LBJ; Gulf of Tonkin
Resolution
1991: George H.W. Bush;
Operation Desert Storm
2001: George W. Bush ; War on
Terror (and Afghanistan)
2002: George W. Bush; War in
Iraq
ASK AND YE SHALL RECEIVE:
CONGRESSIONAL RESOLUTIONS TO
AUTHORIZE MILITARY FORCE
19. 1983: Reagan invades Grenada
1989: H.W. Bush invades Panama
1999: Clinton sends troops to end
ethnic cleansing in Kosovo
PRESIDENTS ACTING ALONE
20. Recommending Legislation
State of the Union
Gives a budget to Congress (suggestion)
Veto Power
Line-item Veto
Should the President be able to veto part of a bill?
1996 law passed
Ruled unconstitutional
LEGISLATIVE POWERS
21. Pardons
Ford pardons Nixon 1974 –
Good idea?
Commutation
Reduce the length of a
sentence or fine
Amnesty
Blanket pardon
1977: Carter granted
amnesty to Vietnam War
draft 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 M3Lwk6
MY
JUDICIAL POWERS
