What does the executive branch of government have to do with Human Rights? * The Growth of Presidential Power * The President‘s Executive Powers Fall 2011: Period 8 – Regnier Dani Dziatlowicz, Thomas Kurtz, Deanna Maffeo, Matt Monaghan, Jane Peck
The FramersWho were the Framers and what did they do?– In 1787, 55 delegates from all over the newly born United States met at Philadelphia to discuss the reform of the present government of the time, the Articles of Confederation.– However, these delegates, each representing his State, realized that there was no way to properly and effectively reform the Articles.– Thus, the Constitution was created.– Many delegates disputed over how the Constitution was going to be perceived. Alexander Hamilton, for one, argued that the legislature was much more important than the executive branch (this was why Congress became a bicameral system). Thomas Jefferson contended that there must be an executive branch that would not be weakened in its battles with the legislature. In the end, 39 out of 55 delegates signed the Constitution.– It was decided that there would be a single executive branch of government with broad powers. However, the Framers feared that the executive branch would quickly become a tyranny so a limited, checked presidency was constructed. “The executive Power shall be invested in a President of the United States of America.” – Article II, the Executive Article of the Constitution
d a s s i t―The presidency is often called ‗the most powerful office in the world.‘‖
Main Factors Influencing Presidential Growth – Media – National Crisis – Congressional Deference
The Media… Keeps the public in-touch with what is going on in the latestdebates and candidates for the Presidential Election of 2012.
National CrisisCrisis serves as a precedent to howand what the current President shoulddo. People look for leadership in a timeof disaster or hardship. Most of thetime, Congress will hide behind aPresident and allow him/her to take thefall should their actions fail and causemore grief.Background image: Thomas Cole, The Course of the Empire: Destruction, c.a. 1836; Since the U.S. is commonly referred to as the modern Roman Empire, Cole showed the future of the United States as the Fall and Destruction of Rome.
Obama says U.S. faces“crisis,” and proposesJob’s PlanSeptember 8, 2011: ―PresidentBarack Obama laid out a $447billion jobs package of tax cutsand government spending onThursday that will be critical tohis re-election chances but hefaces an uphill fight withRepublicans. With his poll numbers atnew lows amid voter frustrationwith 9.1 percent unemployment,Obama said in a high-stakesaddress to Congress that theUnited States is in a ―nationalcrisis‖ and called for urgentaction on sweeping proposals torevive the stalled economy andavert another recession.‖ http://news.nationalpost.com/2011/09/08/u-s-faces-national-crisis-obama-says-in-jobs- speech-excerpts/
Congressional DeferenceIt is easier to let another person do thejob (i.e. the National Budget). Congresswas originally supposed to have set thebudget for the nation, but decided tohand that job over to the new presidentin office. In this way, they themselveshave expanded the power of thePresident. "We **** up all the time!"
Now that the President has all this power, what happens with it?The President has eight defining key roles determined bythe Constitution that all need to be fulfilled when he/she issworn into office. These roles include: 1. Chief Executive 2. Commander-in-Chief 3. Chief of State 4. Head of the Party 5. Chief Diplomat 6. Chief Citizen 7. Chief Legislator 8. Chief Economic Planner
Chief Executive: What does it mean?As Chief Executive,sometimes called ChiefAdministrator, the Presidenthas four main duties:1) enforcing federal laws and court rulings2) developing various federal policies3) appointing federal officials4) preparing the National Budget
Chief Executive: What does it mean?Within the executive branch, the Presidenthas broad powers to manage nationalaffairs and the workings of the federalgovernment. The President can issuerules, regulations, and instructions calledexecutive orders, which have the bindingforce of law upon federal agencies but donot require congressional approval. ThePresident may also negotiate with foreigncountries ―executive agreements‖ that arenot subject to Senate confirmation. ThePresident nominates-and the Senateconfirms-the heads of all executivedepartments and agencies, together withhundreds of other high-ranking federalofficials.
Chief Executive: What does it mean?Also, the President solely appointsother important public officials, includingaides, advisors, and hundreds of otherpositions. Presidential nomination offederal judges, including members ofthe Supreme Court, is subject toconfirmation by the Senate. Anothersignificant executive power involvesgranting a full or conditional pardon toanyone convicted of breaking a federallaw-except in a case of impeachment.In addition, as the nations ChiefExecutive, the President prepares thenational budget.
Commander-in-Chief―Section 2. Clause 1. ThePresident shall be Commander inChief of the Army and Navy of theUnited States, and of the Militia ofthe several States, when calledinto the actual Service of theUnited States; he may require theOpinion, in writing, of the principalOfficer in each of the executiveDepartments, upon any Subjectrelating to the Duties of theirrespective Office, and he shallhave Power to grant Reprievesand Pardons for Offences againstthe United States, except inCases of Impeachment.‖
Commander-in-ChiefIn the Presidents role asCommander-in-Chief, we see thesystem of checks and balances atwork. Even though the Presidentis leader of the military services, itis Congress that has the power todeclare war. Also, the President isnever a member of the armedservices—he/she is its civilianleader. President Eisenhower, anarmy general, resigned from thearmy when he became President.The President also has powerover the Air Force.
Chief of StateAs the American Chief of State, thepresident is a living symbol of thenation. It is considered a great honorfor any citizen to shake thepresidents hand. Examples ofBehavior in Roles:– Awarding medals to the winners of college scholarships– Congratulating astronauts on their journey into space– Greeting visitors to the White House– Making a patriotic speech on the Fourth of July
Head of the PartyWith the role of the Head of the Party, thePresident has the ability to:– Reward those who are loyal to his/her political party (or a political party) with jobs in the government– Support other candidates for office– Make campaign speeches needed for re- election
Chief DiplomatThe President‘s role asChief Diplomat include:– Conducting foreign policy by directing the actions of American ambassadors– Signing treaties and trade agreements with leaders of other nations
Chief CitizenThe President‘s ChiefCitizen role guaranteesthat the President notonly works for thegovernment, but for thepeople of the nation.
Chief LegislatorSince Congress has thepower to make bills, thePresident has the powerto both propose bills andsign bills into law.Members of Congress areoften called to lobby forthe President‘s agendaand the Presidentpresents the agenda toCongress in the annualState of the Unionaddress.
Chief Economic PlannerAs Chief Economic Planner, the President hasthe ability to monitor:– Unemployment– Inflation, taxation, and business– The general welfare of the nationAlthough the President does not control theeconomy, he/she gets credit if it goes well.
President’s Orders* Executive Order A directive, rule, or regulation that has the effect of law.* Ordinance Power The power to issue executive orders.
Recess AppointmentsRecess Appointments allow for thePresident to ―fill up all Vacancies that mayhappen during the Recess of the Senate.‖This means that the President has the rightto appoint anyone he/she chooses to fill anempty seat in the Senate while a Senator istemporarily suspended. This appointmentautomatically expires at the end of thecongressional term in which it is made.
What is “Human Rights?”Human Rights are rights believed to belongjustifiably to every person. Human Rightsencompasses every aspect of a person’s life, including LGBTQrights, reproductive rights, anti-rape rights, women’s rights,freedom of speech, freedom to vote, right to have a family,right to property, health care rights, right to (peacefully)protest, gender identity rights, right to fair trial, right toasylum, education rights, right to think freely, right tocommunicate through any language, equal marriage rights,right not to be forced into a marriage, freedom of religion,right to be innocent until proven guilty and finally, the rightto be heard.
This has every affect on With the President‘s power toHuman Rights. The most propose bills as Chiefbasic human right is the Legislator, he/she canright to be heard and propose any bill that canlistened to—something the improve life and the welfarePresident must do in order of the people in the nation. Asto fulfill the 8 roles given to Chief Citizen, the Presidenthim/her. The most important must listen to what therole the President plays that people of the country are saying. For example,has the greatest affect on President Obama proposedHuman Rights is National Healthcare. & .
Obama & Clinton Promote Gay Rights Around the WorldOctober 1, 2011: Washington: President Obamaforcefully called for the repeal of the Defense of “We dont believe in theMarriage Act on Saturday night at the annual kind of smallness thatHuman Rights Campaign fundraising dinner,but he did not come out in support of marriage says its okay for a stageequality, as some hoped he would do. The 3,000 attendees at the dinner, which full of political leaders—took place at the Washington Convention one of whom could endCenter, gave the president multiple standingovations when he touted the repeal of “Dont up being the president ofAsk, Dont Tell,” hospital visitation rights forsame-sex couples and spoke out against the the United States—beingbullying of LGBT youth. silent when an American The most electric reaction, however,came when Obama sharply criticized the GOP soldier is booed. Wepresidential candidates for staying silent whenaudience members at a debate booed a gay dont believe in that.”soldier who asked a question about DADT. - Obama to loud cheers & standing ovation
“We dont believe in standing silent when thathappens. We dont believe in them being silentsince. You want to be Commander-in-Chief? Youcan start by standing up for the men and womenwho wear the uniform of the United States, evenwhen its not politically convenient. We dontbelieve in a small America. We believe in a bigAmerica—a tolerant America, a just America, anequal America—that values the service of everypatriot.” - Barack Obama on DADT, October 2011
DADTIn his speech, the President stressed hiscommitment to the cause of equality over thepast two and a half years, and his continuingsupport moving forward. Progressing forward,President Obama vowed to keep fighting forequality and asked for help passing a repeal ofthe Defense of Marriage Act, as well as thepassage of an inclusive employment non-discrimination bill.
―I vowed to keep up the fight against the so-called Defense of MarriageAct. There’s a bill to repeal this discriminatory law in Congress, and I wantto see that passed. But until we reach that day, my administration is nolonger defending DOMA in the courts. I believe the law runs counter tothe Constitution, and it’s time for it to end once and for all. It should join‘Don’t Ask, Don’t Tell’ in the history books.‖