The Modern Presidency

1. The Modern Presidency AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

2. 8.4 Constitutional Powers and Duties of the President The Powers of the Presidency Have Grown Substantially in Modern Times... AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

3. 8.4 Constitutional Powers and Duties of the President …Many modern presidential powers are NOT specifically stated in the Constitution. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

4. 8.4 Constitutional Powers • In Depth • Restraining the Imperial Presidency (Digital History) • http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtid=2&psid=3354 • 4a Growing Presidential Power • In addition to expressed constitutional powers and the inherent powers claimed by presidents… • …Congress has granted broad authority to presidents (often to deal with crises) • i. CASE STUDY – War Authorization (2001) • Authorization for the use of military force = Authority to fight the war on terrorism!! • Why would congress give the president such wide ranging powers? • How does politics play into the story? AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

5. 8.4 Constitutional Powers • Executive powers • Legislative powers • Judicial powers • Military powers • Diplomatic powers

6. 8.4 Constitutional Powers • 4b Executive - Basic role of the President is to “execute” or carry out the law. • “The executive power shall be invested in a President of the United States of America.” (Art II, Sec 1, p 1) • “he shall take Care that the Laws be faithfully executed…” (Art. II, sec. 3) • This is one of the most “elastic” phrasesof the Constitution. Executive Action – Immigration 26 States Sue, Judge Orders Temporary Stay

7. 8.4 Constitutional Powers • Views of Executive Power • I have used every ounce of power there was in the office and I have not cared a rap for the criticisms of those who spoke of my usurpation of power... I believe that the efficiency of this Government depends upon its possessing a strong central executive… • Theodore Roosevelt, 1908 AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8. 8.4 Constitutional Powers • 4b Executive • Presidents can invoke “Executive Privilege”, especially on matters of national security. • U.S. v. Nixon (1974) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

9. 8.4 Constitutional Powers • 4b Executive • Cast Study – Little Rock Nine AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

10. 8.4 Constitutional Powers • 4c Legislative Powers • Formal… • Veto power (expressed) • Federal Budgets (Statute) • Informal… • Expected to lead on policy • Policy Agenda - State of the Union Address AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

11. 8.4 Constitutional Powers • 4c Legislative Powers - The Veto • Expressed legislative constitutional power (only one). AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

12. 8.4 Constitutional Powers • 4c Legislative Powers - Budgetary Powers • 1921… • OMB (Office of Management & Budget – 1970) Obama Unveils 2011 Federal Budget / Partisan Bickering (NPR, Feb 11, 2011)

13. 8.4 Constitutional Powers • Nominates Federal Judges……. Presidents can “Shape” the Court

14. 8.4 Constitutional Powers • Grant pardons for federal crimes • Ford Pardons Nixon • In Depth AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

15. 8.4 Constitutional Powers • 4e Diplomatic Powers • President = Head of State • Treaties with Foreign nations… • … Requires the “Advice and consent” of the Senate (2/3 rds vote) • Obama … Cuba (Dec 2014) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

16. 8.4 Constitutional Powers • 4e Diplomatic Powers • Executive Agreements • Diplomatic Recognition AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

17. 8.4 Constitutional Powers • “The President shall be Commander in Chief of the Army and Navy of the United States” (Art. II, Sec 2, par 1) • The President’s role as Commander in Chief is perhaps his most vital. AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

18. 8.4 Constitutional Powers In Depth Executive Orders & Inherent Powers AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

19. 8.4 In-Depth, Directives & Executive Orders • “Presidential Directives” • Most common are Executive Order • Have the force of law • Can be challenged / reversed • National Security Directives and “ findings” AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

20. 8.4 In-Depth, Directives & Executive Orders • Japanese Internment • FDR’s 1942 E.O. 9066 • Court: removal…, though constitutionally suspect, is justified during circumstances of "emergency and peril." AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

21. 8.4 In-Depth, Directives & Executive Orders • Clinton signs an executive order on the rim of the Grand Canyon • Broad congressional statute……… Executive Orders AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

22. 8.4 In-Depth, Inherent Powers & National Security Cheney’s Law • All presidents have claimed “inherent” powers • Domestic eavesdropping • Bush Defends Wiretapping • Capture and Render terror suspects • Nov. 13, 2001 President Bush issues “finding” • Enhanced interrogation AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

23. 8.4 In-depth, Inherent Powers & National Security • “There were a powerful set of shared assumptions that we had in the wake of 9/11, and one of the most powerful was the assumption that we would never be forgiven if we failed to do something that was within the power of our government lawfully to protect the public from a further attack” • Bradford Berenson, Associate White House Counsel To President Bush AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

24. 8.4 In-depth, Inherent Powers & National Security AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL • John Yoo, Memo (9/25/01) • The President has broad constitutional power to take military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001…..The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations….. The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.

25. 8.4 In-depth, Inherent Powers & National Security • … to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. -- War Authorization Act, 2001 AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

26. 8.4 In-depth, Inherent Powers & National Security • Obama signs order to shut down Gitmo (NY Times) AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

27. Finis Perfectus Jump to Organization AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL