Chapter 14 The Presidency in Action

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Chapter 14The Presidency in Action
AP Government April 2006 7th Hour Brittany
Hughes, Kate Terry, Nikki Simon, Quinn Landers
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Article II of the ConstitutionExecutive article

• "The executive power of the United States shall
  be vested in a President of the United States of
  America."

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Strength of the Presidency

• The Presidency has grown substantually over the
  course of our nation's history.
• We have a need for more from the Federal
  Government, that requires administration by the
  President
• We have a need for a leader in times of national
  emergency.
• The President can rally public support behind a
  cause

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Stewardship theory

• The main view used by many of the stronger
  presidents to justify using that power, making it
  his duty to do all he can for the American people.

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The Presidents Powers
The President's chief job is to execute and
administer the laws of the United States. He must
execute all laws no matter his views, but he can
execute them in varying levels in which he see
fit. He also has a lot of room to interpret some
of the broad written laws by Congress in the way
he sees best.
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Ordinance power

• In order for the President to accomplish his
  tasks, he needs the power to give orders. While
  not expressly stated in the constitution, the
  ordinance power allows the President to issue
  executive orders to accomplish his administrative
  tasks.

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• More and more discretion has been granted to the
  President and the executive branch to make these
  decisions, due to the wide scope of things
  Congress regulates, they cannot be experts on
  everything.

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Appointment power

• The scope of the job that the executive branch
  has cannot be accomplished by one man alone, and
  the constitution allows for him to appoint others
  to help him.

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Positions President appoints

• Cabinet members and their top aides
• Ambassadors and diplomats
• Federal judges, US marshalls, and attorneys
• Head of independent agencies like
• NASA
• EPA

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• All appointments require approval by the Senate
  of a simple majority.
• The unwritten rule of senatorial courtesy, where
  if the senator of the state where the appointee
  will serve in a state specific appointment, will
  accept the appointee, the senate will as well.

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• However, the vast majority of Federal employees
  are chosen through civil servant examinations.

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Removal Power

• The power to remove undesirable officeholders
  from the executive branch is also essential to
  the power of the President. How this should occur
  has been debated through our history however.

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Johnson impeachment trial

• Congress passed the Tenure of Office Act to try
  to keep President Andrew Johnson from removing
  any of Lincoln's cabinet, but he ignores the law
  and fires Secretary of War Edwin Stanton. He is
  impeached but is aquitted, and the law is
  repealed in 1887.

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Myers v. United States

• Woodrow Wilson at the end of his term, and
  without consulting the senate, removed Frank
  Myers as the postmaster of Portland, Oregon, in
  violation of a law passed in 1876. The Supreme
  Court found that the law was unconstitutional and
  held that the power of removal was an essential
  part of the executive power.

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Humphrey's Executor v. United States

• After winning office in 1933, Roosevelt removed
  Henry Humphrey for a seven year term in the FTC,
  giving no valid reason for doing so. The Supreme
  Court found that Humphrey had been unfairly
  removed because this was an independent
  regulatory agency, with Congress having some
  control and therefore the charter set up by
  Congress applied.

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Diplomatic and Military Powers

• Power to make treaties
• Formal agreements between two states
• Senate must approve by 2/3 vote
• President ratifies
• Congress can repeal a treaty by passing a law,
  and a treaty can overturn an old law
• Treaties cannot conflict with the Constitution

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Executive Agreements

• Pact between the President and the head of a
  foreign state
• Do not require Senate consent
• Destroyers for bases deal of 1940

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The Power of Recognition

• To recognize a country is to acknowledge the
  legal existence of that country and its
  government.
• Does not mean approval ex. China
• Can be used as a weapon
• T. Roosevelt recognized Panama, ensuring success
  against Colombia
• Truman recognized Israel
• May ask for the recall of a nations ambassador
  (persona non grata)

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Commander in Chief

• Article II, Section 2, Clause 1 makes the
  President commander in chief of nations armed
  forces
• Powers are almost without limit
• Designates authority to military subordinates,
  but not required to do so
• George Washington led troops in Whiskey Rebellion
• Abe Lincoln instructed generals in the field
• Most critical decisions are made by President

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Making War

• Can use armed forces without a declaration of war
  by Congress (undeclared war)
• Ex. John Adams, Jefferson and Madison (Barbary
  coast pirates), Korea, Vietnam
• Congress has not declared war since WWII
• Has enacted joint resolutions to authorize the
  President to meet certain international crises
  with military force
• Ex. George W. Bush in the War in Iraq, George
  H.W. Bush in the Persian Gulf War, Lyndon Johnson
  in Vietnam

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The War Powers Resolution

• Passed by Congress in 1973
• Nixon vetoed the measure, but Congress overrode
  the veto
• Provisions
• Within 48 hrs. of sending troops abroad, the
  President must report to Congress
• Combat commitment must end within 60 days, unless
  Congress agrees to a longer period.
• Congress may end the combat commitment at any
  time, by passing a concurrent resolution

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Legislative and Judicial Powers

• Recommending Legislation (message power)
• Three messages a year to Congress
• State of the Union
• The Presidents budget
• Annual Economic Report
• Sends other messages to call on Congress to enact
  those laws he believes necessary to the welfare
  of the country

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The Veto Power

• Four options when receiving a bill
• Can sign the bill, making it a law
• Can veto it, returning it to Congress
• Can allow the bill to become a law by not signing
  it or vetoing it within 10 days
• Can pocket veto, only if Congress adjourns within
  10 days and the President does not act on it
  measure dies
• 2/3 majority needed to override a veto is
  difficult to obtain and the threat can often
  defeat a bill

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The Line-Item Veto

• Cannot veto only a portion of the bill
• Presidents since Ulysses Grant have argued that
  they should be able to veto specific dollar
  amounts in spending bills
• Opponents argue that this would give the
  President too much power (amendment has failed)
• 1996 Congress passed Line Veto Act
• Gave President power to reject individual items
  in spending bills and to eliminate any provision
  of a tax bill that benefited less than 100 people
• Struck down by Clinton vs. New York City in 1998

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Other Legislative Powers

• Article II, Section 3
• Can call Congress into a special session
• Ex. Truman had Congress consider post-WWII
  economic measures
• Can adjourn Congress whenever the two houses
  cannot agree on a date for their adjournment
• Never used

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Judicial Powers

• Reprieve postponement of the execution of a
  sentence
• Pardon legal forgiveness of a crime
• Two powers are absolute, except in cases of
  impeachment, where they may not be granted
• Considered powers of clemency, can only be used
  in cases involving federal offenses
• Can grant after trial, after or before they are
  charged
• Ex. Ford pardoned Nixon before he was charged
• Must be accepted by the person it is granted
• Can be conditional

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Pardons contd.

• Commutation the power to reduce the length of a
  sentence or a fine imposed by a court
• Amnesty a blanket pardon offered to a group of
  law violators.
• Ex. Carter granted amnesty to Vietnam War draft
  evaders.

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Sources

• AP Government Book