CH 14, pp. 390 to 408

The Presidency in Action

Oath of Office

• Sworn by the President on the day he takes office:– “I do solemnly swear that I will faithfully execute

the Office of the President of the United States, and will to the best of my Ability, preserve, protect, and defend the Constitution of the United States.”

Executive Article

• Article II of the US Constitution.• Lists the rules, roles and powers of the

president as head of the Executive Branch• Powers given to the President:– Command of the Armed Forces– Veto acts of Congress– Make treaties– Grant Pardons– Receive Diplomatic representatives

Growth of Presidential Power• The power of the President has grown through the leadership of strong

presidents:– Lincoln– Franklin D. Roosevelt– Theodore Roosevelt

• As the nation has advanced technologically and industrially the people have demanded that the Federal take a larger role in:– Transportation– Communications– Health– Welfare– Employment– Education– Civil Rights

• The need for immediate and decisive actions in times of crisis has lead to an increase in presidential powers.– Most often during times of war.

• What event led to the increase in presidential power at the turn of the century?– September 11th

Mass Media

• Can attract attention and build the support for policies and actions through the use of different forms of communication.– Radio– Television– Internet

Imperial Presidency

• strong president–Does not consult Congress–Cares not for approval–Acts secretly to evade or deceive

Congress and public • Applied to Richard Nixon, Ronald Reagan,

George W. Bush

Executing the Law

• The president’s other provision is that “he shall take care that the laws be faithfully executed.”

• In executing and enforcing the law, the executive branch also interprets the law.

• The Constitution requires that the President execute all federal laws.– The president may use some discretion as to how

vigorously and in what way the law will be applied.

executive order

• presidential directive, rule, or regulation– Has the effect of law

• Used increasingly due to the growing complexity of American domestic and foreign affairs over time

• Comes from the Ordinance Power• Two sources:– Constitution– Congressional acts

• Congress has felt the need to delegate more power to the president over the years due to the complexity of governmental problems.

Appointees

• The power of the president to name most of the top-ranking officers of the Federal Government.

• Appointments require the approval of the Senate.1. Ambassadors and Diplomats2. Cabinet members and their top aides3. The heads of independent agencies4. All federal judges, U.S. Marshals, and U.S. Attorneys5. Officers in the armed forces

Removal Power

• As a general rule, the President may remove those whom the President appoints.

p 394

• Why is it important that the President have such a power, instead of Congress?

• Execution of such a power might take too much time if it had to go through Congress.

p 395

• Why, do you think, did the Framers create this multi-step process?

• To ensure the presidents make appointments fairly, rather than for purely political or personal reasons.

p 397

• How does this cartoon reflect this newsmaking episode?

• The budget cuts being pushed through Congress, are reflected in the makeshift furniture of Reagan’s office.

Quick Write

• How had the advent of mass media in radio, television, and the internet helped the President?

Between two Ferns

• Who was the President being interviewed by?• What issue was being addressed?• Why would the President want to be seen on

this program?• What group of people were being targeted by

this video and why?

Treaty

• formal agreement between two or more nations• President acts, often with support of State

Department• Senate must approve with 2/3s vote– “Advice and Consent”

• Why the Senate?– Secrecy is thought to be necessary and was seen as an

impossibility in the House.• The Treaty of Versailles was rejected by the Senate,

as a result the League of Nations was rejected.

Executive agreement

• a pact agreement made between the president and the leader/diplomats of a foreign state

• Does not need Senate approval• Traditionally used for– Congressional policies already in effect– Treaties already approved.

recognition

• the president acknowledges the legal existence of another country and its government– President Truman recognized the nation of Israel

on May 14, 1948.• Begins diplomatic relations

Persona non grata

• “an unwelcome person”• the president disapproves of a representative

of a foreign nation• That person is recalled to their nation and not

welcome back• Used often as a precursor to war.

Making Undeclared War

• Presidents have often used the armed forces abroad without a declaration of war.– Congress has not declared war since WWII, but on

eight occasions Congress has enacted joint resolutions for military force.

Examples:– Vietnam– Persian Gulf War– Afghanistan– Iraq

War Powers Resolution

• Act designed to place limits on the President’s war-making powers.– Within 48 hours after committing forces abroad ,

the President must notify Congress.– A commitment of American forces to combat must

end within 60 days.– Congress may end the combat commitment at

anytime.

Presidential Action• The president may sign the bill making it law.• Veto• The refusal of the President to sign a bill.• The bill must be returned to the house it originated

in with the President’s objections.• The veto can be overridden by a 2/3 vote in both

houses of Congress• Pocket Veto– If Congress adjourns its session within 10 days of

submitting a bill to the President, the President can refuse to sign it and the measure dies.

Line-item veto

• power to cut out special dollar amounts (line-items) from spending legislation, without vetoing the entire bill.

• Passed by Congress in 1996• Struck down by SCOTUS in 1998– Must be done through a Constitutional

Amendment.

Judicial Powers• Reprieve

– Power to postpone execution of punishment– May not be used in cases of impeachment

• Pardon– power to forgive a crime– May not be used in cases of impeachment

• Gerald Ford issued a presidential pardon to Richard Nixon in 1974

• Clemency– mercy, leniency– Used only in federal cases

• Commutation– power to reduce the length or fine of a court sentence.

Amnesty

• a blanket pardon offered to a group of violators– Benjamin Harrison: polygamist Mormons– Jimmy Carter: US draft evaders– Ronald Reagan: Undocumented aliens

p 399

• In what way are the President’s diplomatic powers among his strongest?

• They give him the authority to deal with all the nations of the world and affirm the United State’s position in it.

p 401

• Why did the Framers choose the President, rather than a military officer, to be commander in chief?

• They wanted to avoid allowing the military to become too powerful and so placed a civilian in command.

p 402

• How might the President’s comments be applied to events in the world today?

• in Syria against the Assad Régime • In Iraq• North Korea

p 406

• What might explain the huge variations in numbers of total vetoes? Why, do you think, did some Presidents have fewer vetoes overridden?

• The amount of time spent in office; his relationship with congress.

• Only vetoed bills they knew Congress would not try to overturn.

p 407

• According to the cartoonist, who is responsible for this growth in power?

• Congress

p 408

• What might have been Carter’s motive for using his presidential power to pardon the draft evaders?

• To close a controversial moment in American History

Quick Write

• Should the President have the authority to initiate military action without the declaration of war?