This document discusses the growth of presidential power in the United States. It outlines the president's constitutional powers related to the executive, diplomatic/military, legislative, and judicial branches. While the presidency was originally loosely defined, over time presidents have expanded their powers through force of personality, wartime needs, and Congress granting increasing authority. Debates continue over how much power a president should have, between the theories of a strong executive versus a strictly constitutional interpretation.

1. Growth of
Presidential
Power
Executive
Powers
Diplomatic &
Military
Powers
Legislative &
Judicial
Powers
THE
PRESIDENCY
IN ACTION

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

4. WHAT SHOULD PRESIDENTIAL POWER LOOK LIKE?

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 Repealed in 1887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