Understanding the President's Powers: An Overview of Executive Authority in the US Government

1. Ch. 14 The President in Action

2. Where Does the President’s Power Come From? • Article II of the Constitution – called the Executive Article • Most vaguely written and loosely interpreted Article of the Constitution

3. The “Imperial Presidency” • President’s power is always growing, never shrinking • Reasons: • President is one person – doesn’t argue with himself like Congress or the Courts

4. The “Imperial Presidency” • President’s power is always growing, never shrinking • Reasons: • Life in America gets more complicated, people look to the President to fix problems

5. The “Imperial Presidency” • President’s power is always growing, never shrinking • Reasons: • National emergencies require someone to act quickly, which only the President can do

6. The “Imperial Presidency” • President’s power is always growing, never shrinking • Reasons: • Congress creates new programs, which executive branch must oversee

7. The “Imperial Presidency” • President’s power is always growing, never shrinking • Reasons: • President can use mass media to attract attention like no one else in government

8. Types of Powers • Expressed Powers – clearly written, spelled out in black and white in the Constitution • Ex. – “He shall have the power with the advise and consent of the Senate . . . to appoint ambassadors . . .” etc. (Article II, Section 2)

9. Types of Powers • Implied Powers – not written in the Constitution, but reasonably derived from expressed powers • Ex. – Removal power isn’t specifically mentioned, but implied since he appoints executive branch officials

10. Executive Powers • Power to Execute the Law • Expressed in the Oath of Office, also at the end of Article II • Gives him power to implement all federal laws passed by Congress

11. Executive Powers • The Ordinance Power • Implied from power to execute the law • Gives him power to issue executive orders – a directive, rule, or regulation that has the effect of law (without Congress’s approval)

12. Executive Powers • The Appointment Power • Expressed in Article II, Sec. 2 • Gives him power to appoint: • Ambassadors and diplomats • Cabinet members • Heads of agencies • Judges and U.S. Attorneys • Officers in the armed forces

13. Executive Powers • The Removal Power • Implied from President’s Appointment Power • Gives him power to dismiss anyone he appointed • But not judges!

14. Foreign Relations Powers • Power to make treaties • President negotiates, Senate approves with a 2/3 vote

15. Foreign Relations Powers • Power to make executive agreements • Like treaties, but without Senate approval

16. Foreign Relations Powers • Power of Recognition • Acknowledgement of legal existence of a country or government • Countries that recognize one another trade diplomats • President can kick diplomats out, declaring them persona non grata

17. Legislative Powers • Power to propose laws • Not really expressed or implied, he just can do it since he’s so closely watched • Best time to propose new laws – the State of the Union Address, where the President must inform the nation once a year of our present situation

18. Judicial Powers • Powers of Clemency – can use for anyone charged or convicted on a federal offense (not on state crimes!) • Reprieve – postpone a sentence • Pardon – forgive a crime • Commutation – shortening a sentence • Amnesty – forgiveness for a large group of lawbreakers

19. What Determines Whether a President is Effective or Not? • Richard Neustadt’s Theory of Presidential Power: • The power of the presidency is determined by his ability to persuade 5 “constituencies” of people

20. Neustadt’s 5 Constituencies • The Public • His Party • The Bureaucracy • Congress • Foreign Nations • Neustadt rates presidents based on how they do with each of these groups

21. Neustadt’s 5 Constituencies • The important thing in Neustadt Ratings is not how often you get what you want • It is how often you take steps to improve your chances of getting what you want in the future