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Growth of PresidentialPowers

Growth of PresidentialPowers. American Government. Presidential Powers. Execute the laws – Article 2 of Constitution “…he shall take care that the laws be faithfully executed…”. Ordinance Power. Issues EXECUTIVE ORDERS A directive, rule, or regulation THAT HAS THE EFFECT/FORCE OF A LAW

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Growth of PresidentialPowers

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  1. Growth of PresidentialPowers American Government

  2. Presidential Powers • Execute the laws – Article 2 of Constitution • “…he shall take care that the laws be faithfully executed…”

  3. Ordinance Power • Issues EXECUTIVE ORDERS • A directive, rule, or regulation THAT HAS THE EFFECT/FORCE OF A LAW • Covers just about anything • Source of this power – CONSTIUTION and Acts of Congress

  4. Appointment Power • Appoints members of their administration • Few of the most important: • Ambassadors and other diplomats • Cabinet members and their top aides • Leaders of Independent agencies (CIA, EPA, NASA) • Federal Judges, US Marshalls, US Attorneys • All officers of the Armed Forces

  5. Confirmation Process Nomination by President Senate Committee Hearings +80% are accepted Senate Debate Accept Reject

  6. Obama's Appointments (1,079 positions)

  7. Removal Power • President can remove (fire) anyone that he/she appoints • EXECEPT FEDERAL JUDGES • Reasons for removal: • Opposition to President • Incompetence • Anything really Impeachment NOTE: This doesn’t happen too often, usually called a “resignation”

  8. Treaty Power • Treaty – Formal agreement between 2 states • President usually works with the Secretary of State • Senate approves (not ratifies) treaties (“Advice and Consent”) • Executive Agreement – A Pact between leaders • Require no Senate involvement • Usually routine items • Power of Recognition – receives (acknowledges) leaders from other countries • Doesn’t mean that the President approves of the country’s actions (i.e. People’s Republic of China) • Withdrawal of Recognition (persona non grata) is a form of diplomatic rebuke, disapproval of actions

  9. Treaties are approved by the SENATE

  10. Military Power • Usually the President allows officers direct command over the military, it is at his/her discretion • Final authority and responsibility rests with the president • There doesn’t need to be a declaration of war by Congress in order to send troops abroad • Last time Congress declared war…anybody know? • Usually Congress will offer “joint resolutions” to go into a conflict

  11. Military Power cont'd • War Powers Resolution of 1973 • Within 48 hours of committing troops the President must report to Congress • Combat commitment must be less that 60 days, unless Congress agrees to a longer time • Congress can end the combat at anytime if they pass a CONCURRENT RESOLUTION (when the Senate & House Agree) Why do we need something like the War Powers Resolution?

  12. Legislative Powers • Recommend Legislation • Article 2, Sec. 3 • “…shall from time to time give the Congress Information on the state of the Union, and recommend to their Considerations such measures as he shall judge necessary and expedient…” • Veto Power • put the kibosh on Congress’ best efforts • “Help” Congress adjourn (prorogue) • If they are having problems figuring out a date Never happens

  13. Side Bar: Veto Power of the President • Veto - “I forbid” / KILL BILL • Great example of the Checks and Balances of Power 3 Types of Veto • Standard Veto – President refuses to sign a bill into law that has passed thru the Senate and the House. • Pocket Veto – President simply ignores the proposed bill for 10 days – symbolic • Line-Item Veto – NOT CONSTITUTIONAL – but still used; President can reject certain items in a bill and accept others. Usually the threat of a veto is enough to get congress to change the bill.

  14. Judicial Powers Matching on the Test • Article 2, Sec. 2, Clause 1 • “…grant reprieves and pardons for offenses against the United States, except in cases of impeachment…” • Reprieve– Postpone execution of a sentence • Pardon – Legal forgiveness of a crime • Clemency – mercy or leniency (federal offenses only, not state law) • Commutation– commute (shorten) a sentence or fine • Amnesty – blanket pardon for a group of people • Example: Carter – amnesty for draft evaders during Vietnam ONLY APPLIES TO FEDERAL CRIMES

  15. Examples of Bush's Pardons

  16. Examples of Clinton's 140 pardons granted on Jan 20, 2001…significance?

  17. Unit 5 Study GuideANGEL

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