CH 14, pp. 390 to 408. The Presidency in Action. Imperial Presidency. 392 strong president Does not consult Congress Cares not for approval Acts secretly to evade or deceive Congress and public Applied to Richard Nixon, Ronald Reagan, George W. Bush. Pardon. 407 power to forgive a crime
Imperial Presidency 392 strong president Does not consult Congress Cares not for approval Acts secretly to evade or deceive Congress and public Applied to Richard Nixon, Ronald Reagan, George W. Bush
Pardon 407 power to forgive a crime May not be used in cases of impeachment
Persona non grata 401 the president disapproves of a representative of a foreign nation That person is recalled to their nation and not welcome back Used often as a precursor to war.
Executive Article 390 Article II of the US Constitution. Lists the rules, roles and powers of the president as head of the Executive Branch
Executive agreement 400 a pact agreement made between the president and the leader/diplomats of a foreign state Does not need Senate approval Traditionally used for Congressional policies already in effect Treaties already approved.
Treaty 399 formal agreement between two or more nations President acts, often with support of State Department Senate must approve with 2/3s vote “Advice and Consent”
Line-item veto 406 power to cut out special dollar amounts (line-items) from spending legislation, without vetoing the entire bill. Passed by Congress in 1996 Struck down by SCOTUS in 1998 Must be done through a Constitutional Amendment.
Commutation 408 power to reduce the length or fine of a court sentence.
Reprieve 407 Power to postpone execution of punishment May not be used in cases of impeachment
Amnesty 408 a blanket pardon offered to a group of violators Benjamin Harrison: polygamist Mormons Jimmy Carter: US draft evaders Ronald Reagan: Undocumented aliens
executive order 394 presidential directive, rule, or regulation Has the effect of law Used increasingly due to the growing complexity of American domestic and foreign affairs over time Comes from the Ordinance Power Two sources: Constitution Congressional acts
clemency 407 mercy, leniency Used only in federal cases
recognition 400 the president acknowledges the legal existence of another country and its government Begins diplomatic relations
Hwk Concepts, Class Work, to Know
EC Concepts List reasons for the growth of presidential power (4) Power vested in one person Public demands more from the federal government National emergencies Increased technology and urbanization Mass media
Broad view: (2) President has the responsibility to do whatever the nation needs done. With or without guidance from Congress Narrow view: President may only do what is granted by Congress or the Constitution EC: Summarize the two competing views of the phrase, “executive power”
EC Why do some people worry about an imperial presidency? (2) They think some presidents have become isolated policymakers Do not listen to Congress or the public (acting more like a dictator)
EC Describe what the president promises to do in the “oath of office” (2) To faithfully execute the office of president Preserve, protect, and defend the Constitution
EC How does the president affect the meaning of many of the laws passed by Congress? (2) President and various departments of the Executive Branch Work out the details of laws passed by Congress
EC In what way do executive orders give the president great power? They have legal effect.
EC Describe the ordinance power and where it comes from. (2) It is implied in the Constitution and has been expanded by acts of Congress Allows executive orders
EC Which official does the president appoint? (7) Ambassadors and diplomats Cabinet members and top aides Heads of certain independent agencies Federal judges Federal attorneys Federal marshals All officers of the armed forces
EC What is the Senate’s role in the appointment process? A majority of Senators present must confirm all nominations.
EC How are treaties negotiated and approved? (3) The president or State Department negotiates a treaty The Senate must approve the treaty by a 2/3s vote of members present. The president ratifies the treaty
Treaty Expanding US-Japan Relations. The Treaty of Kanagawa, (1854) opened US-Japan relations. A few years later, Townsend Harris was sent to be the first consul general, by President Fillmore. He was unwelcome by a Tokugawa Bakufu that had been divided ever since the treaty of Kanagawa (pro-West; anti-West). This is a (1950s Hollywood) dramatization of the encounter and negotiations. (dvd clip)
A treaty is a formal agreement that requires formal Senate approval. An executive agreement is a pact that does not require Senate approval. How is a treaty different from an executive agreement? (2)
Positively? (2) Can acknowledge a new country or government quickly Approval that could help insure a government’s survival Negatively? Disapproval can challenge a new government’s existence. How can the president’s power of recognition be used
EC When does a foreign diplomat become “persona non grata”? (4) When that person or his/her country have taken action unfavorable to the United States or its policy. Economic Diplomatic Military
EC Which presidential power is almost unlimited? Explain? (3) Commander-in-Chief President has final authority over all military matters. May exert it without approval of Congress
EC When does the president appear to have “legislative” power? (2) The message power The veto power
EC What happened soon after Congress approved the line-item veto. (3) The Supreme Court of the United States (SCOTUS) declared it unconstitutional 6 to 3 Ruled it must be done by Constitutional amendment
EC How is each presidential “judicial power” different? Reprieve Postpones execution of a federal sentence Pardon Legal forgiveness of an individual for a federal crime Clemency Describes the powers of mercy: reprieve and pardon Commutation Reduction of a sentence or fine Amnesty General pardon of a group of law violators
EC EC: What underlying beliefs are suggested by Thomas Jefferson's statement: "The execution of the laws is more important than the making of them.“ (4) Jefferson was stating a belief that interpretation of a law is more important than what is stated in a law. This belief implies that it is easier to make laws than to apply them. This statement also implies that the President has an enormous amount of power because he is the one who can execute laws. it could also reflect a concern for how laws could be badly executed by a President to whom the Constitution gave too many powers.
EC: What do you think are some reasons why the President was given almost unlimited military powers? The President may have been given such expansive military powers because the country needs someone to take strong and decisive action during times of war, because the Framers thought that the President was in the best position to make the most informed military decisions.
EC: What are some possible positive and negative effects resulting from the scope of the President's military power? positive: The President can act quickly when quick military action is needed without having to spend time seeking congressional approval of his decisions. negative: The President takes advantage of military power and does not make decisions that reflect the will of the people. Powers Why the executive has them…..
EC Do you think it is fair or unfair that the President has the power to grant amnesty and give pardons? Explain. Fair: it is important for someone to be able to pardon people and grant amnesty for federal offenses since the concept of mercy is basic to the concept of law. Unfair: the President should not have these powers because there is no guarantee that his or her judgments will be fair.