Chapter 14: The Presidency in Action



Chapter 14: The Presidency in Action

Section 1: The Changing View of Presidential Power

“Executive power” is not defined by the Constitution

Because of this, presidential power has grown over the years

I. Why Presidential Power has Grown

A. Unity of the presidency (one person)

B. Influence the Presidents themselves have had on the office

C. Pressures of the nation’s social and economic life

D. National emergencies

E. President’s role as party leader and chief legislator

II. How Presidents Have Viewed Their Power (p. 359)

A. Stronger Presidents have taken a broad view regarding their powers (T. Roosevelt)

B. Weaker Presidents have not been quick to take on powers

Section 2: The President’s Executive Powers

I. Executing the Law

A. “Enforces, administers, carries out” the provisions of federal law

1. Even if he does not support them

II. The Ordinance Power

A. President can issue executive orders

1. A directive, rule, or regulation that has the effect of law

2. Power granted by the Constitution and Congress

III. The Appointing Power

A. With Senate consent, the President names most of the top-ranking officers of the Federal Government

B. Office of Personnel Management hires employees for some two million positions

IV. The Removal Power

A. The Historical Debate

1. Debate was whether removal required Senate approval

2. President given the power to remove any officer he appointed, except federal judges

B. Removal and the Supreme Court

1. In 1935, Court stated that a member of the commission may be removed only for “inefficiency, neglect of duty, or malfeasance (wrongful conduct) in office”

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

Section 3: The Diplomatic and Military Powers

I. The Power to Make Treaties

A. Treaty

1. A formal agreement between two or more sovereign states

2. Requires a 2/3 majority of the Senate to be approved (could be difficult)

II. Executive Agreements

A. Pacts between the President and the heads of foreign states, or their subordinates

B. Do not require Senate approval

C. Becoming more popular than treaties

III. The Power of Recognition

A. Recognition

1. The President, acting for the United States, acknowledges the legal existence of that country and its government

a. Does not mean the U.S. approves of the government, however (China)

2. Allows further foreign relations to take place

IV. The President’s Dominant Role in Military Affairs

A. Commander in Chief

B. Presidents almost always delegate military powers to their subordinates

C. Making Undeclared War

1. Only Congress has the power to make war

2. How can American troops be sent out without a declaration of war?

a. As a part of the United Nations or NATO (North Atlantic Treaty Organization)

3. This has happened many times, especially recently

a. Gulf War 1991

b. Panama 1989

c. Haiti 1994

d. Yugoslavia 1995 and 1999

D. Wartime Powers

1. President’s military powers expand in war times

a. WWII-President allowed to ration food and gasoline, control wages and prices, and seize and operate certain private industries

E. The War Powers Resolution-1973

1. Designed to place close limits on the President’s war-making powers

2. Brought about as a response to Vietnam

3. Nixon vetoed it, Congress overrode his veto

4. Provisions of the Resolution

a. Within 48 hours after committing American forces to combat abroad, the President must report to Congress, detailing the circumstances and the scope of his actions

b. That combat commitment must end within 60 days, unless Congress agrees to a longer period. That 60 day deadline may be extended for up to 30 days, however, to allow for the safe withdrawal of the American forces involved

c. Congress may bring an end to the combat commitment at any time, by passing a concurrent resolution to that effect

Name: ______________

______________

Presidential War Power

“Where have Presidents sent troops without congressional approval? Why?”

1. Country where U.S. troops were sent: ____________________________

2. When were U.S. troops sent here? _________________________________

3. How long were U.S. troops deployed? _______________________________

4. What President sent these troops out? _________________________________

5. Give a brief description of why U.S. troops were sent to this country.

6. Was Congress informed before these troops were sent? _____________________________

7. Were the U.S. troops sent on their own or were they a part of a bigger group? (NATO, UN) _______ __________________________________________________________________________________

8. Did Congress ever declare war? ____________________________________________________

9. In your group’s opinion, should the U.S. have sent troops into this country? Why or why not?

Mexico

1. Based on the situations presented, should the President be allowed to call out troops without congressional approval? Why or why not?

2. Should the United States, as leader of the free world, get involved militarily in other countries domestic problems? Why or why not?

3.Do you think we will ever see the United States involved in a “war” in our lifetimes? Explain your answer.

Section 4: The Legislative and Judicial Powers

I. The President in the Legislative Field

A. Power the Recommend Legislation

1. Message power

2. State of the Union Address, Budget message, Economic Report

B. Veto Power

1. Because it requires a 2/3 majority in both houses to override a veto, this is a significant weapon. Even threatening it is often powerful to convince Congress to make changes in a bill

2. See veto record on page 367

C. The Short-lived Line Item Veto

1. Many Presidents wanted this to expand their power

2. Line Item Veto Act (1996)

a. Gave the President the power to reject individual items in spending bills, and also to eliminate any provision of a tax bill that benefited fewer than 100 people

b. Supreme Court ruled this unconstitutional (6-3), saying if a line item veto was going to be legal, it would have to be in the form of a constitutional amendment

D. Other Legislative Powers

1. Can call special sessions

2. Can adjourn Congress if they can not agree on a date

II. Judicial Powers

A. President has the power to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment”

1. Reprieve

a. The Postponement of the execution of a sentence

2. Pardon

a. A legal forgiveness of a crime

3. Includes the power of commutation

a. To reduce the length of a sentence or a fine imposed by a court

4. Power of amnesty

a. A general pardon offered to a group of violators

b. Carter 1977-Pardoned Vietnam draft-dodgers

Section 5: The Executive Office of the President and the Cabinet

I. The Executive Office of the President

A. The White House Office

1. President’s key personal and political staff

2. Chief of Staff

a. Directs all of the operations of the White House office and is among the most influential of all these presidential aides

3. Press Secretary, Counsel to the President, President’s physician

4. Some 400 men and women work for the President

B. The National Security Council

1. Advises the President in all domestic, foreign, and military matters that bear on the nation’s security.

2. Made up of the President, Vice President, secretaries of state and defense, director of the CIA, and chairman of the Joint Chiefs of Staff

C. The Office of Management and Budget

1. Prepares the federal budget

a. A financial document, a detailed estimate of receipts and expenditures, an anticipation of federal income and outgo during the coming fiscal year (Oct. 1-Sept. 30)

D. The Office of National Drug Control Policy

1. Responsibilities

a. To prepare an annual national drug control strategy

b. To coordinate the efforts of the more than 50 federal agencies participating in the war on drugs

E. The Council of Economic Advisers

1. Made up of three of the nation’s leading economists, chosen by the President

2. President’s major source of information and advice on the state of the nation’s economy

F. Other Units in the Executive Office

1. The Office of Policy Development

a. Domestic policies

2. The Council on Environmental Quality

3. The Office of United States Trade Representative

4. The Office of Science and Technology Policy

5. The Office of Administration

II. The Cabinet

A. An informal advisory body brought together by the President to serve his needs

B. Developed through custom and usage

C. Made up of the heads of the 14 executive departments (p. 374) and some other top positions

D. Choosing Cabinet Members

1. President appoints the heads of the 14 executive departments, but they require Senate approval

2. Senate rarely objects to the President’s appointment

E. Women and Minorities in the Cabinet

1. As of 2000, only 15 women, 10 African Americans, and 5 Hispanics have filled cabinet positions

a. FDR appointed the first woman, Frances Perkins, as Secretary of Labor in 1933

b. Clinton’s cabinet

1) Consists of four women-Madeline Albright (state), Janet Reno (justice), Alexis Herman (labor), and Donna Shalala (health and human services

2) Three African Americans-Herman, Rodney Slater (transportation), and Togo West (Veterans Affairs)

3) One Hispanic-Bill Richardson (energy)

III. The Cabinet’s Role

A. Serve as heads of their departments and advisers to the president

B. The extent of the usefulness of the Cabinet depends on the President

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