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Presidential Powers

Presidential Powers. Constitutional and Implied Powers of the Executive Branch. Presidential Oath of Office.

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Presidential Powers

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  1. Presidential Powers Constitutional and Implied Powers of the Executive Branch

  2. Presidential Oath of Office “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” - Constitution of the United States Article II Section 8

  3. Executive Powers Used by the president to fulfill the role of chief executive

  4. Ordinance Power • Constitutional Authority • May issue “commands” or “orders” • Used to run the Executive Branch • “The executive Power shall be vested in a President of the United States of America” • Constitution of the United States, Article I Section 1 • Executive Orders • Have the weight of law • Do not have to be approved by any other branch or person • Lacks checks/balances • Can be issued quickly • Not have to go through entire legislative process

  5. Government Positions Appointing Power Removal Power • Can remove appointees • Does not need legislative approval • High ranking officials and executive officers • Applies only to people within the Executive branch • Or agencies/departments that are subordinate to the Executive branch Ambassadors Cabinet members Federal judges Heads of agencies Military officers

  6. Military and Diplomatic Powers Used to fulfill the roles of commander in chief And Chief diplomat

  7. International Involvement • Treaties • Confers with Secretary of State • Needs 2/3 Senate approval • Not all are approved – Treaty of Versailles; Kyoto Protocol • Effect of Law • “Executive Agreement” – an agreement between the president and the leader of another nation (not necessarily in writing) • Making War • Unlimited power over military • Official declaration of war comes from Congress President Truman signing the North Atlantic Treaty

  8. International Involvement Con’t • War Powers Resolution • Report to Congress in 48 hrs • 60 days + 30 days + Declaration of War or STOP • Congress can STOP anytime • The Bush Doctrine • Policy of the US to secure itself against countries that harbor or give aid to terrorist groups • “You’re either with us, or you’re with the terrorists” • Used to justify the 2001 invasion of Afghanistan • Preventative war • Spreading democracy

  9. Legislative Powers Used to fulfill the role of Chief legislator

  10. The Lawmaking Process • Recommending Laws • May recommend legislation to a member of Congress • Member of Congress officially responsible for writing/submitting legislation • “Obamacare” • Veto Power • 10 days to decide • Veto may be overridden by a 2/3 vote of both chambers of Congress • Most: FDR = 435 • Most Overridden: Johnson 15

  11. Judicial Powers Used by the president as a way to limit the powers of the judicial branch

  12. Checking the Judicial Branch • Reprieve • To delay the punishment/sentence of someone convicted • Commutation • To reduce penalties (sentences) • Amnesty • A pardon/forgiveness for an offense, especially a political offense • Ex: Washington granted amnesty to those involved in Whiskey Rebellion • Pardon • To forgive of a crime and cancel any penalty • EXCEPT in cases of impeachment • Ex: President Ford pardoned former President Nixon

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