Where Does the President’s Where Does the President’s Power Come From?Power Come From?

Article II of the Constitution – Article II of the Constitution – called the Executive Articlecalled the Executive Article

Most vaguely written and loosely Most vaguely written and loosely interpreted Article of the interpreted Article of the ConstitutionConstitution

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:President is one person – President is one person –

doesn’t argue with himself like doesn’t argue with himself like Congress or the CourtsCongress or the Courts

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:Life in America gets more Life in America gets more

complicated, people look to the complicated, people look to the President to fix problemsPresident to fix problems

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:National emergencies require National emergencies require

someone to act quickly, which someone to act quickly, which only the President can doonly the President can do

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:Congress creates new Congress creates new

programs, which executive programs, which executive branch must overseebranch must oversee

The “Imperial Presidency”The “Imperial Presidency”

President’s power is always President’s power is always growing, never shrinkinggrowing, never shrinking

Reasons:Reasons:President can use mass media President can use mass media

to attract attention like no one to attract attention like no one else in governmentelse in government

Types of PowersTypes of Powers

Expressed Powers – clearly written, Expressed Powers – clearly written, spelled out in black and white in the spelled out in black and white in the ConstitutionConstitution Ex. – “He shall have the power with Ex. – “He shall have the power with

the advise and consent of the the advise and consent of the Senate . . . to appoint ambassadors Senate . . . to appoint ambassadors . . .” etc. (Article II, Section 2). . .” etc. (Article II, Section 2)

Types of PowersTypes of Powers

Implied Powers – not written in Implied Powers – not written in the Constitution, but reasonably the Constitution, but reasonably derived from expressed powersderived from expressed powersEx. – Removal power isn’t Ex. – Removal power isn’t

specifically mentioned, but specifically mentioned, but implied since he appoints implied since he appoints executive branch officialsexecutive branch officials

Executive PowersExecutive Powers

Power to Execute the LawPower to Execute the Law Expressed in the Oath of Office, also at the Expressed in the Oath of Office, also at the

end of Article IIend of Article II Gives him power to implement all federal Gives him power to implement all federal

laws passed by Congresslaws passed by Congress

Executive PowersExecutive Powers

The Ordinance PowerThe Ordinance Power Implied from power to execute the Implied from power to execute the

lawlaw Gives him power to issue executive Gives him power to issue executive

orders – a directive, rule, or orders – a directive, rule, or regulation that has the effect of law regulation that has the effect of law (without Congress’s approval)(without Congress’s approval)

Executive PowersExecutive Powers The Appointment PowerThe Appointment Power

Expressed in Article II, Sec. 2Expressed in Article II, Sec. 2 Gives him power to appoint:Gives him power to appoint:

Ambassadors and diplomatsAmbassadors and diplomatsCabinet membersCabinet membersHeads of agenciesHeads of agenciesJudges and U.S. AttorneysJudges and U.S. AttorneysOfficers in the armed forcesOfficers in the armed forces

Executive PowersExecutive Powers

The Removal PowerThe Removal PowerImplied from President’s Implied from President’s

Appointment PowerAppointment PowerGives him power to dismiss Gives him power to dismiss

anyone he appointedanyone he appointedBut not judges!But not judges!

Foreign Relations PowersForeign Relations Powers

Power to make treatiesPower to make treaties President negotiates, Senate approves President negotiates, Senate approves

with a 2/3 votewith a 2/3 vote

Foreign Relations PowersForeign Relations Powers Power to make executive Power to make executive

agreementsagreementsLike treaties, but without Senate Like treaties, but without Senate

approvalapproval

Foreign Relations PowersForeign Relations Powers Power of RecognitionPower of Recognition

Acknowledgement of legal Acknowledgement of legal existence of a country or existence of a country or governmentgovernment

Countries that recognize one Countries that recognize one another trade diplomatsanother trade diplomats

President can kick diplomats President can kick diplomats out, declaring them out, declaring them persona non persona non gratagrata

Legislative PowersLegislative Powers Power to propose lawsPower to propose laws

Not really expressed or implied, he Not really expressed or implied, he just can do it since he’s so closely just can do it since he’s so closely watchedwatched

Best time to propose new laws – Best time to propose new laws – the State of the Union Address, the State of the Union Address, where the President must inform where the President must inform the nation once a year of our the nation once a year of our present situationpresent situation

Judicial PowersJudicial Powers Powers of Clemency – can use for Powers of Clemency – can use for

anyone charged or convicted on a anyone charged or convicted on a federal offense (not on state crimes!)federal offense (not on state crimes!) Reprieve – postpone a sentenceReprieve – postpone a sentence Pardon – forgive a crimePardon – forgive a crime Commutation – shortening a Commutation – shortening a

sentencesentence Amnesty – forgiveness for a large Amnesty – forgiveness for a large

group of lawbreakersgroup of lawbreakers

What Determines Whether a What Determines Whether a President is Effective or Not?President is Effective or Not?

Richard Neustadt’s Theory of Richard Neustadt’s Theory of Presidential Power:Presidential Power:The power of the presidency is The power of the presidency is

determined by his ability to determined by his ability to persuade 5 “constituencies” of persuade 5 “constituencies” of peoplepeople

Neustadt’s 5 ConstituenciesNeustadt’s 5 Constituencies

The PublicThe Public His PartyHis Party The BureaucracyThe Bureaucracy CongressCongress Foreign NationsForeign Nations

Neustadt rates presidents based on how Neustadt rates presidents based on how they do with each of these groupsthey do with each of these groups

Neustadt’s 5 ConstituenciesNeustadt’s 5 Constituencies

The important thing in Neustadt The important thing in Neustadt Ratings is not how often you get what Ratings is not how often you get what you wantyou want

It is how often you take steps to It is how often you take steps to improve your chances of getting what improve your chances of getting what you want in the futureyou want in the future