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Power To The President
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Power To The President

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  • 1. Power to the President
  • 2. Executing the Law
    • As chief executive, the President executes, enforces, administers, and carries out the provisions of federal law
    • The power to do so rests on two brief constitutional provisions
    • Oath of Office Constitution Command
    • (Article II, Section 1, Clause 8) (Article II, Section 3)
  • 3.
    • The Presidential Power to execute the law covers all federal law. Some of those laws include:
    • The Armed Forces Social Security
    • Gun Control Minimum Wages
    • Affirmative Action Immigration
    • Air Traffic Safety Housing
    • Environmental Protection Taxes
  • 4.
    • The President has much to say about the meaning of the law, as do the Congress and the Courts
    • In executing and enforcing law, the executive branch also interprets it
    • The Constitution requires the President to execute all federal laws no matter what the chief executive own views of any of them may be
  • 5. Ordinance Power
    • Under the title of chief administrator, applying most federal law is a day-to-day job which fall into the hands of many governmental departments. Those 2.7 million are subject to the President’s control and direction
    • Ordinance Power come from two sources:
    • The Constitution Acts of Congress
  • 6.
    • The Constitution does not mention the ordinance power in so many words, but that power is clearly intended
    • In order to exercise those powers, the President must have the power to issue the necessary orders, as well as the power to implement them.
  • 7. Appointment Power
    • The President cannot hope to succeed without loyal subordinates who support the policies of the President's administration
    • To name off appointees, the President need the consent of the Senate, among the job are:
    • -Ambassadors and other Diplomats
    • -Cabinet Members and their Top Aides
    • -the head of Independent Agencies
    • -all Federal Judges, US Marshals, and Attorneys
    • -all Officers in the Armed Forces
  • 8.
    • The unwritten rule of senatorial courtesy plays an important part in this process. The rule applies choice. So the President has the ability to personally hand pick people for the positions previously mentioned
    • In addition, the Constitution also allows the President to make recess appoints, so like a substitute teacher, they fill the vacancies and their time expires at the end of the congressional term
  • 9. Removal Power
    • The power to remove is critically important to a President’s success. Yet the Constitution does not say how or by whom appointed officers many be dismissed, whether for incompetence, for opposition to presidential policies, or for any other cause
    • Historically, The First Congress gave the removal power to the President
    • Then the Tenure of Office Act was created to prevent Presidential removal during Johnson’s Presidency
    • Finally the removal fell into the Courts hands in 1926
    • As a general rule, the President may remove those whom the President appoints. Occasionally the President does have to remove someone. Most often, however, what was in fact a dismissal is called a resignation.