"He could launch the kind of devastating attack the world has never seen,"

1. What could the end of the world look like? "He could launch the kind of devastating attack the world has never seen," Cheney said. "He doesn't have to check with anybody. He doesn't have to call the Congress; he doesn't have to check with the courts. He has that authority because of the nature of the world we live in. It's unfortunate, but I think we're perfectly appropriate to take the steps we have."

2. THE PRESIDENCY: POWER AND INFLUENCE: How does the President do it?

3. Foundations • Article II: Oath of Office • “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States

4. Foundations • Article II, Section 2: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;..”

5. Foundations • Section 3: “He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; …he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”

6. Constitutional Duties“Expressed Powers” • Make treaties • Appoint ambassadors and judges • Report to Congress on the state of the Union • Recommend to Congress measures he thinks are necessary or urgent • Meet with foreign leaders and ambassadors • Commander in chief • Faithfully execute the laws

7. EXECUTIVE POWER TOOLS What tools does the president use to carry out laws passed by Congress, and when is it appropriate for the president to use these tools?

9. Ordinance power In order for the President to accomplish his tasks, he needs the power to give orders. While not expressly stated in the constitution, the ordinance power allows the President to issue executive orders to accomplish his administrative tasks.

10. More and more discretion has been granted to the President and the executive branch to make these decisions, due to the wide scope of things Congress regulates, they cannot be experts on everything.

11. Appointments • Article II, Section II: “advice and consent”—Federal judges • Department level positions—Senate approval • Other agencies, offices: the Plum Book—7,000 positions the President can fill! • Some agencies—have terms that outlast Presidents’: Fed Reserve members—12 years • 1800 aides, staff, etc. “at the pleasure of the President”

13. Removal Power The power to remove undesirable officeholders from the executive branch is also essential to the power of the President. How this should occur has been debated through our history however.

14. Myers v. United States Woodrow Wilson at the end of his term, and without consulting the senate, removed Frank Myers as the postmaster of Portland, Oregon, in violation of a law passed in 1876. The Supreme Court found that the law was unconstitutional and held that the power of removal was an essential part of the executive power.

15. President must act as: Head administrator Manager of many departments, boards, bureaus, offices, and other agencies that make up the vast executive branch of the federal government. Does the President has the power to interpret the law in order to enforce the law? Chief Executive

16. The president may issue Executive Orders. • Rules • Regulations • Directives • applying federal laws • to govern day-to-day operations

17. Executive orders --legally binding --don’t require approval --orders can fulfill a vague law --order can depart from Congressional “intent” Checks on EOs: Supreme Court-not often Congress—withhold funds, pass new law (can be vetoed) Press Future President (can reverse EOs) "Stroke of the pen. Law of the Land. Kinda cool." Paul Begala, former Clinton advisor, The New York Times, July 5, 1998

18. Examples of EOs TR—claimed vast lands for the American people FDR—interned Japanese Americans Truman—desegregated armed services Eisenhower—send troops to enforce integration Clinton—go to war in Yugoslavia Obama—”add language” to the Health Care bill

19. Executive Order No. 9066 The President Executive Order Authorizing the Secretary of War to Prescribe Military Areas Notice the power of “ordinance power” Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion.

20. Can EOs exceed authority? The Supreme Court thought so: Youngstown v. Sawyer (1952)—Truman as a law maker, rather than a law “clarifier” or law “executor” Most Presidents don’t: language of laws and acts are often vague, ambiguous

21. Executive Orders: Directives Directives are EOs that have something to do with national security. Which means: NSDs, and HSPDs!

22. EO’s that make us smile The crisis in Little Rock The Peace Corps Take Your Child to Work Day EO’s that cause concern Internment camps Presidential archives Military Commissions Too arbitrary? Depends on your perspective

23. Criticism Giorgio Agamben: “permanent state of exception”? De facto dictatorship? Support Clarify and carry out the law To exercise responsibilities in the job Who’s Right?

24. Chief Legislator • President relies on the power of persuasion.

25. Think of a bill sent from Congress as a house. It may be small and elegently crafted. How does the president interpret the law?

26. It may be huge and hastily banged together, with some architectural features that do not fit well together. A Metaphor

27. A veto is like a jackhammer or buzz-saw. It stops legislation from being enacted and bill is sent “back to the drawing board.” Other Metaphors

28. President can veto a bill he doesn’t approve Bill sent back for revision to the house of Congress from with is originated. Congress can override the veto Requires two-thirds vote of both the House and Senate. Pocket Veto When the president doesn’t sign a bill sent to him during the last 10 days before Congress adjourns for the year Kills the bill Line-item veto Would allow president to veto only certain parts of a bill instead of the entire law. Declared unconstitutional Requires a constitutional amendment The Ultimate Weapon: Veto Power

31. The President may issue a Signing Statement. • Indicates how the President will interpret a law

32. Roles and Power of the President • Constitutional requirements of the president called an “awesome burden”.

33. Presidential Signing Statement • Document • Issued by the executive branch • of the federal government • When the president signs a piece of legislation • sent from Congress

34. Two general types of signing statements: Rhetorical or public relations tool Ex: President Bush issued a statement in March 2005 during the debate over the fate of Terry Schiavo, a comatose woman whose husband and parents disagreed over whether to end medical life-support. Types of Signing Statements

35. In this case • President Bush released a signing statement that read: • “In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life… I appreciate the bipartisan action by the Members of Congress to pass this bill. I will continue to stand on the side of those defending life for all Americans including those with disabilities.”

36. To influence the courts, when and if a case involving the legislation ever came before a judge who had to decide between the views of the president and Congress. To influence the courts

37. To guide To guide executive branch administrators when they are implementing a new law.

38. Presidential Signing Statement Strategic tool • in power struggle with Congress • over provisions of the bill they disagree about

39. To challenge a provision of the law as unconstitutional and see how it will be remedied. To challenge

40. Ex: In 1978 President Jimmy Carter objected when Congress passed a bill with an amendment prohibiting the use of funds to carry out his amnesty program for Vietnam War draft resisters. His signing statement notes that this interfered with his constitutional power to pardon and denied the constitutional guarantee of due process of law, so his administration ignored that part of the bill and processed all the draft resisters’ applications. To carry out a Presidential power…

41. Constitutional Basis for Signing Statements *Source: Congressional Research Service Report for Congress, Sept. 2006

42. Judicial Powers • Reprieve: postponement of the execution of a sentence • Pardon: legal forgiveness of a crime • Two powers are absolute, except in cases of impeachment, where they may not be granted • Considered powers of clemency, can only be used in cases involving federal offenses • Can grant after trial, after or before they are charged • Ex. Ford pardoned Nixon before he was charged • Must be accepted by the person it is granted • Can be conditional

43. Diplomatic and Military Powers • Power to make treaties • Formal agreements between two+ states • Senate must approve by 2/3 vote • President ratifies • Congress can repeal a treaty by passing a law, and a treaty can overturn an old law • Treaties cannot conflict with the Constitution

44. The Power of Recognition • To recognize a country is to acknowledge the legal existence of that country and its government. • Does not mean approval ex. China • Can be used as a weapon • T. Roosevelt recognized Panama, ensuring success against Colombia • Truman recognized Israel • May ask for the recall of a nation’s ambassador (persona non grata)

45. Commander in Chief • Article II, Section 2, Clause 1 makes the President commander in chief of nation’s armed forces • Powers are almost without limit • Designates authority to military subordinates, but not required to do so • George Washington led troops in Whiskey Rebellion • Abe Lincoln instructed generals in the field • Most critical decisions are made by President

46. Making War • Can use armed forces without a declaration of war by Congress (undeclared war) • Ex. John Adams, Jefferson and Madison (Barbary coast pirates), Korea, Vietnam • Congress has not declared war since WWII • Has enacted joint resolutions to authorize the President to meet certain international crises with military force • Ex. George W. Bush in the War in Iraq, George H.W. Bush in the Persian Gulf War, Lyndon Johnson in Vietnam

47. The War Powers Resolution • Passed by Congress in 1973 • Nixon vetoed the measure, but Congress overrode the veto • Provisions: • Within 48 hrs. of sending troops abroad, the President must report to Congress • Combat commitment must end within 60 days, unless Congress agrees to a longer period. • Congress may end the combat commitment at any time, by passing a concurrent resolution

48. The football carries the launch codes The football is carried by a military aide with “Yankee White” clearance The “biscuit” identifies the President The order is confirmed by the Sec. of Def. 3 footballs: 1 with the Prez, a spare at the White House…and one with the VEEP! Eeeek? The Football

49. Football contains the BLACK BOOK—has “retaliatory options” labeled “medium”, “rare”, “well-done” Reagan kept the launch codes in his wallet 43 had the football a few feet away when he met the Pope Carter left them in his suit while it was being dry cleaned Sometimes, the football is left behind, like at a 1991 tennis match attended by 41 Russian football : cheget Football Trivia!

50. Foundations Crazy thought: can we think of executive powers as laws themselves? Is a Presidential order like a law? Or a Court Decision? Answer: yes, since for the most part, Prez power has legal force!