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Sources of Presidential Power

Explore the powers and roles of the president and how they have changed over time. From Constitutional powers to growth of presidential power, learn about the checks and balances and the various roles the president fulfills.

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Sources of Presidential Power

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  1. UNIT 5THE EXECUTIVE BRANCH

  2. THE PRESIDENCY Chapter 9

  3. SOURCES OF PRESIDENTIAL POWER Chapter 9

  4. What are the powers and roles of the president and how have they changed over time?

  5. Constitutional Powers • The Constitution is very vague when it comes to the power of the president. • The debate over the power of the president is still being debated 200 years after the creation of the Constitution. • Despite the concerns of a single leader becoming too powerful, they created a strong executive for two reasons • The Articles of Confederation showed that not having a strong executive led to many issues • The Founders wanted someone to keep the legislative branch in check to protect the liberty, private property, and business. • Article II of the Constitution creates the executive branch. It outlines several key powers • To execute laws • Veto legislation • Command the military • Engage with foreign leaders • With Senate approval the president can also • Make treaties with foreign nations • Make appointments within the federal government

  6. Growth of Presidential Power • The Constitutional duties of the president haven’t changed much since George Washington, but today’s presidents have much greater power and responsibility • How? • Throughout history, presidents have enlarged presidential authority by justifying their actions in terms of inherent powers • Examples: Jefferson deciding to purchase the Louisiana Territory/ Theodore Roosevelt breaking up large businesses and intervention in labor disputes • When a president exercises these powers, Congress and the courts may either try to limit the power to go along with it. • DREAM ACT • The Republicans in Congress voted against this bill that would have allowed illegal minors to serve in the military or go to college in the United States and give them a path to citizenship • Since the bill did not pass, Obama decided not to enforce the existing law

  7. Growth of Presidential Power • Immediate Needs of the Nation • Presidents often used their in inherent powers during war or times of emergency • Lincoln-held and jailed opponents of the Union without trial during the Civil War • FDR-created numerous government programs to help improve the economy during the Great Depression • W. Bush-claimed expanded powers to defend the nation against terrorism • Executive Privilege • The right of the president to refuse to testify before Congress or a court • Mandate • The president's popularity can give them an informal source of power. If a president is popular it can help “force” Congress to pass bills that are important to the president.

  8. Checks and Balances of Presidential Powers • Judicial Branch • Can rule executive actions unconstitutional • Legislative Branch • Override a veto • Confirm presidential appointments • Impeach • Accuse official of misconduct while in office

  9. PRESIDENTIAL ROLES Chapter 9

  10. 1. Head of State • The president serves as a ceremonial figure representing the United States • In many countries this role is performed by a king, queen, or emperor. • To fulfill this duty the president • Host dignitaries from foreign governments • Throwing out the first pitch at a baseball game • Lighting the nation’s Christmas tree • Giving awards to distinguished athletes, leaders, actors, or artists • Giving comfort to victims of national tragedies • In essence, the president is the symbol for the United States

  11. 2. Chief Executive • Leader of the executive branch, which implements (carries out) the laws that Congress passes • The president must make some decisions about how to put the law into effect • Appointment Power • President also appoints federal judges and the heads of executive departments and agencies • Judicial Power • Reprieve-postpone legal punishment • Pardon-legal forgiveness of a crime • Amnesty-pardon for a group of people • Executive Orders • Presidential directives that have the force of law without the approval of Congress • This is an implied power of the president because the Constitution grants the president “executive power” • They may be issued to detail the specific actions federal agencies must take to implement a law • They have been used to make dramatic new policy • Lincoln-issued the Emancipation Proclamation • Truman-integrated the armed forces • All executive orders must be related in some way to the powers given to the president in the Constitution, or delegated by Congress • All presidents can issue executive orders, but their successors may easily reverse them

  12. 3. Commander in Chief • The president is responsible for the nation’s security and is in charge of the military • Presidents have been able to argue that they possess all the power needed to defend the nation as long as it does not interfere with the power of the other branches • The president can also use federal troops in the nation • To control rioting in American cities • To keep order and send supplies in case of a natural disaster • Power to Make War • While only Congress can declare war, the president has the ability to commit forces to combat • President’s can use the military without a declaration of war if Congress authorizes military use • Vietnam War • War on Terror-Afghanistan and Iraq • To limit the president’s use of the military without congressional approval, Congress passed the War Powers Act • Prevents the president from committing troops to combat for more than 60 days with congressional approval

  13. 3. Commander in Chief • The Presidency in Times of War • During times of war, the presidents often claim increased powers to protect the nation • Example: USA Patriot Act • This gave President Bush greater power to gather information about possible terrorist suspects and made it easier to conduct wire taps and searches without a warrant

  14. 4. Chief Diplomat • The president meets with foreign leaders, appoints ambassadors, recognize foreign governments, sign executive agreements with foreign heads, and make treaties (with Senate approval) • The president uses the CIA, the State Department, the Defense Department, and the National Security Council to help the president make key foreign-policy decisions • Executive agreements-legally binding pact between the president and the head of a foreign government-can be used by the president to avoid needing Senate approval for dealing with foreign matters

  15. 5. Chief Legislator • The president delivers the annual State of the Union message to Congress, propose legislation, signs or vetoes laws, and call Congress into special sessions when necessary • The Constitution gives Congress the power to make laws, however the vast majority of bills become law only if they are approved/signed by the president • State of the Union • Article II, Section 3 says the president “shall from time to time give to Congress information of the State of the Union…” • The president usually describes legislative priorities and calls attention to the president’s ideas about how to solve the nations problems • During the presidents first year in office the speech is referred to as an “address to a joint session”, not the State of the Union address

  16. 5. Chief Legislator • To influence Congress the president meets with key members of Congress to work on drafting legislation. • Depending if the president and the majority in Congress are from the same party can have a major impact on the type of cooperation between the two branches • When a president is popular, presidential proposals and policies are better received by Congress • Veto • Besides the usage of the veto, just the threat of a veto can stop or force a change to a proposed bill since it is difficult to override a veto • Special Session • The president may also call Congress back to work when they are on break to deal with important matters of the nation

  17. 6. Chief Administrator • The president is in charge of the executive branch that employs millions of people • It is the President's job to insure that this vast bureaucracy carries out the programs of the presidency.

  18. 7. Chief Economic Planner • The president appoints economic advisors, meets with business leaders, prepares an annual budget request, and submits economic reports to Congress • This role has grown since President Roosevelt’s New Deal during the Great Depression as the federal government’s influence on the economy has greatly expanded • The president must appoints members of the Federal Reserve, who control the banking industry in the United States • One of the key economic duties is preparing an annual budget to Congress • These decisions reflect the president’s priorities in terms of funding of government programs • The budget is sent to the House where Congress will modify and debate it before Congress sends it back to the president for approval

  19. 8. Chief of Party • The president leads their political party, rewarding party supporters with positions in government, and helps to elect other party members by raising money and campaigning for party members • This is a difficult balancing act for the president • If the president compromises too much with the opposing party, they risk being criticized by their party supporters • If the president appears partisan (favoring their party) the media and the public can be critical

  20. 9. Chief Citizen • The president is expected to be the representative of all the people. • The president is expected to work for and represent the public interest against the many private interests.

  21. CHAPTER 9 POWER-POINT ACTIVITY • In your opinion, what are the three most important roles of the president? • Write a two sentence explanation for each of the three roles. • Also, in your opinion, what roles does President Trump do a better job than President Obama? What roles did President Obama do a better job of than President Trump?

  22. CHOOSING THE PRESIDENT Chapter 10

  23. PRESIDENTIAL QUALIFICATIONS AND LEADERSHIP Chapter 10.1

  24. What are the key components of presidential leadership?

  25. Qualifications for the Presidency Constitutional Requirements Informal Requirements Experience in Government Name Recognition Moderate Political Beliefs Financial Backing Understanding the Public Ability to Communicate Ability to Compromise Political Courage • Article II, Section 1 • Natural Born Citizen • At least 35 years old • Resident of the United States for at least 14 years before taking office

  26. Presidential Terms • A presidential term is 4 years • Originally, the Constitution did not specify how many terms a president could serve • George Washington declined a third term and this was the case until Franklin Roosevelt who ran for a third and fourth term (died in office) • In 1951, the 22nd Amendment was passed to limit the president to two terms of office • It also allowed the vice president to take over in the middle of a term and serve two years of the presidents term and then run for two terms on their own • Meaning…..one person could be president for 10 years

  27. Presidential Benefits • $400,000 salary • $100,000 travel expenses • $50,000 expense account • Free Health Care for Life • 24 Hour Security while president and for 10 years after they leave office for free • $200,000 a year pension • $100,000 for office staff after they leave office • Presidential Library when they leave office • AND………

  28. THE WHITE HOUSE

  29. AIR FORCE ONE

  30. MARINE ONE

  31. CAMP DAVID

  32. PRESIDENTIAL LIMO

  33. VICE PRESIDENT AND SUCCESSION Chapter 10.2

  34. How has the role of vice president and the process for presidential succession changed over time?

  35. Vice President Constitutional Responsibilities Modern Responsibilities For many years, the vice president was almost a purely ceremonial office Today, the vice president’s duties has grown as modern presidents have given their vice president greater assignments • The Constitution gives the vice president three duties: • Takes over the presidency in case of presidential death, disability, impeachment, or resignation • The vice president presides over the Senate and votes in case of a tie • Under the 25th Amendment, the vice president helps decide whether the president is unable to carry out his or her duties and acts as president should that happen • Nine vice presidents have succeeded to the presidency

  36. Vice President • Presidential candidates select their vice-presidential running mates carefully • They are often looking for someone to “balance the ticket” • They are looking to add expertise, voter appeal, and geographic appeal

  37. Succession • Eight presidents have died in office • Four were assassinated and four died of natural causes • The 25th Amendment clarified presidential succession • If the president dies or resigns, the vice president becomes president • If the vice president dies, resigns or is removed from office, the president shall nominate a new vice president upon confirmation of Congress • Example: 1973 • Spiro Agnew resigned as vice president….Gerald Ford was approved as the new vice president • Later that year, President Nixon resigned, Ford became president and Nelson Rockefeller was approved as the new vice president • What happens if the president and vice president are unable to perform the duties of office? • The Succession Act of 1947 answer this question

  38. ELECTING THE PRESIDENT Chapter 10.3

  39. Why and how has the process for nominating and electing presidents changed over time?

  40. The Road to the White House • The system of electing the U.S president is unique. • Unlike most offices in the United States, the president is not directly elected by the voters • While the candidates names appear on the ballot, voters are actually voting for electors • People who promise they will officially elect the president • A vote for a Democratic candidate will be a vote for a Democratic elector • A vote for a Republican candidate will be a vote for a Republican elector • This entire process is known as the Electoral College

  41. Electoral College • When the Founders were drafting Article II of the Constitution, there was an argument over how this new president should be elected • Many in the Convention did not trust the average citizen because they thought they would not be informed enough to make the right choice • On the other hand, they did not want someone like Congress selecting the president because it would give the legislative branch too much control over the executive branch • The compromise was the Electoral College • The idea was that the best and brightest from each state would be chosen to select the “best” person for the office. • Today, they are more like “rubber stamps” for the popular vote • Much of what the Framers put in place is still used today • The exception was the problem with that was solved with the 12th Amendment (voting separately for president and vice president) • Today, the Electoral College includes 538 electors • Each state has as many electors as it has senators and Representatives • The 23rd Amendment also allowed for Washington D.C to have electors even though they have no voting members of Congress • Wyoming-3 electoral votes (minimum amount a state can have • California-55 (largest amount) • Florida 29

  42. Electoral College • In order to win a candidate must win at least 270 of the 538 votes. • Besides Maine and Nebraska, every other state uses a winner-take-all system. • This means that whoever receives the most popular votes in a state gets all of the electoral votes • Maine and Nebraska allocate their votes based on whoever wins in each of the congressional districts • Electors vote after the presidential election in their respective state capitals • They vote on the Monday after the second Wednesday in December • 2016 Election: Monday, December 19th • If no presidential candidate receives the majority of the votes, the House chooses the president and the Senate chooses the vice president

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