Where Does the Presidents Power Come From? Article II of the Constitution – called the Executive Article Article II of the Constitution – called the

Where Does the President’s Where Does the President’s Power Come From?Power Come From?

Article II of the Constitution – Article II of the Constitution – called the Executive Articlecalled the Executive Article

Most vaguely written and loosely Most vaguely written and loosely interpreted Article of the interpreted Article of the ConstitutionConstitution

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:President is one person – President is one person –

doesn’t argue with himself like doesn’t argue with himself like Congress or the CourtsCongress or the Courts



Reasons:Reasons:Life in America gets more Life in America gets more

complicated, people look to the complicated, people look to the President to fix problemsPresident to fix problems



Reasons:Reasons:National emergencies require National emergencies require

someone to act quickly, which someone to act quickly, which only the President can doonly the President can do



Reasons:Reasons:Congress creates new Congress creates new

programs, which executive programs, which executive branch must overseebranch must oversee



Reasons:Reasons:President can use mass media President can use mass media

to attract attention like no one to attract attention like no one else in governmentelse in government

Types of PowersTypes of Powers

Expressed Powers – clearly Expressed Powers – clearly written, spelled out in black and written, spelled out in black and white in the Constitutionwhite in the ConstitutionEx. – “The President shall be Ex. – “The President shall be

commander-in-chief of the Army commander-in-chief of the Army and Navy of the United States” and Navy of the United States” – Article II, Section 2– Article II, Section 2

Types of PowersTypes of Powers

Implied Powers – not written in Implied Powers – not written in the Constitution, but reasonably the Constitution, but reasonably derived from expressed powersderived from expressed powersEx. - When Air Force and Ex. - When Air Force and

Marines were created, control Marines were created, control was implied to belong to the was implied to belong to the presidentpresident

Executive PowersExecutive Powers

Power to Execute the LawPower to Execute the LawExpressed in the Oath of Office, Expressed in the Oath of Office,

also at the end of Article IIalso at the end of Article IIGives him power over all federal Gives him power over all federal

laws passed by Congresslaws passed by Congress


The Ordinance PowerThe Ordinance PowerImplied from various other Implied from various other

expressed powersexpressed powersGives him power to issue Gives him power to issue

executive orders – a directive, executive orders – a directive, rule, or regulation that has the rule, or regulation that has the effect of laweffect of law

Executive PowersExecutive Powers The Appointment PowerThe Appointment Power

Expressed in Article II, Sec. 2Expressed in Article II, Sec. 2 Gives him power to appoint:Gives him power to appoint:

Ambassadors and diplomatsAmbassadors and diplomatsCabinet membersCabinet membersHeads of agenciesHeads of agenciesJudges and U.S. AttorneysJudges and U.S. AttorneysOfficers in the armed forcesOfficers in the armed forces


The Removal PowerThe Removal PowerImplied from President’s Implied from President’s

Appointment PowerAppointment PowerGives him power to dismiss Gives him power to dismiss

anyone he appointedanyone he appointed

But not judges!But not judges!

Foreign Relations PowersForeign Relations Powers

Power to make treatiesPower to make treatiesPresident negotiates, Senate President negotiates, Senate

approves with a 2/3 voteapproves with a 2/3 vote

Foreign Relations PowersForeign Relations Powers Power to make executive Power to make executive

agreementsagreementsLike treaties, but without Senate Like treaties, but without Senate

approvalapproval

Foreign Relations PowersForeign Relations Powers Power of RecognitionPower of Recognition

Acknowledgement of legal Acknowledgement of legal existence of a country or existence of a country or governmentgovernment

Countries that recognize one Countries that recognize one another trade diplomatsanother trade diplomats

President can kick diplomats out, President can kick diplomats out, declaring them declaring them persona non persona non gratagrata

Legislative PowersLegislative Powers Power to propose lawsPower to propose laws

Not really expressed or implied, he Not really expressed or implied, he just can do it since he’s so closely just can do it since he’s so closely watchedwatched

Best time to propose new laws – Best time to propose new laws – the the State of the Union AddressState of the Union Address, , where the President where the President must must inform inform the nation the nation once a yearonce a year of our of our present situationpresent situation

Judicial PowersJudicial Powers Powers of Clemency – can use for Powers of Clemency – can use for

anyone charged or convicted on a anyone charged or convicted on a federalfederal offense (not on state crimes!) offense (not on state crimes!) Reprieve – postpone a sentenceReprieve – postpone a sentence Pardon – forgive a crimePardon – forgive a crime Commutation – shortening a Commutation – shortening a

sentencesentence Amnesty – forgiveness for a large Amnesty – forgiveness for a large

group of lawbreakersgroup of lawbreakers

What Determines Whether a What Determines Whether a President is Effective or Not?President is Effective or Not?

Richard Neustadt’s Theory of Richard Neustadt’s Theory of Presidential Power:Presidential Power:The power of the presidency is The power of the presidency is

determined by his ability to determined by his ability to persuade 5 “constituencies” of persuade 5 “constituencies” of peoplepeople

Neustadt’s 5 ConstituenciesNeustadt’s 5 Constituencies

The PublicThe Public His PartyHis Party The Bureaucracy (Agencies)The Bureaucracy (Agencies) CongressCongress Foreign NationsForeign Nations

Neustadt rates presidents based on how Neustadt rates presidents based on how they do with each of these groupsthey do with each of these groups

Neustadt’s 5 ConstituenciesNeustadt’s 5 Constituencies

The important thing in Neustadt The important thing in Neustadt Ratings is not how often you get what Ratings is not how often you get what you wantyou want

It is It is how oftenhow often you you take stepstake steps to improve your chances of getting to improve your chances of getting what you want in the futurewhat you want in the future

Documents

Where Does the Presidents Power Come From? Article II of the Constitution – called the Executive Article Article II of the Constitution – called the