Chapter 14The Presidency in Action

AP Government

April 2006

7th Hour

Brittany Hughes, Kate Terry, Nikki Simon, Quinn Landers

Article II of the ConstitutionExecutive article

"The executive power of the United States shall be vested in a President of the United States of

America."

Strength of the Presidency

The Presidency has grown substantually over the course of our nation's history. We have a need for more from the Federal

Government, that requires administration by the President

We have a need for a leader in times of national emergency.

The President can rally public support behind a cause

Stewardship theory

The main view used by many of the stronger presidents to justify using that power, making it his duty to do all

he can for the American people.

The President's chief job is to execute and administer the laws of the United States. He must execute all laws

no matter his views, but he can execute them in varying levels in which he see fit.

He also has a lot of room to interpret some of the broad written laws by Congress in the way he sees best.

The President’s Powers

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.

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.

Appointment power

The scope of the job that the executive branch has cannot be accomplished by one man alone, and the constitution allows for him to appoint others to help

him.

Positions President appoints

Cabinet members and their top aides Ambassadors and diplomats Federal judges, US marshalls, and attorneys Head of independent agencies like:

NASA EPA

All appointments require approval by the Senate of a simple majority.

The unwritten rule of senatorial courtesy, where if the senator of the state where the appointee will

serve in a state specific appointment, will accept the appointee, the senate will as well.

However, the vast majority of Federal employees are chosen through civil servant examinations.

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.

Johnson impeachment trial

Congress passed the Tenure of Office Act to try to keep President Andrew Johnson from removing any of Lincoln's cabinet, but he ignores the law and fires Secretary of War Edwin Stanton. He is impeached

but is aquitted, and the law is repealed in 1887.

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.

Humphrey's Executor v. United States

After winning office in 1933, Roosevelt removed Henry Humphrey for a seven year term in the FTC, giving no valid reason for doing so. The Supreme

Court found that Humphrey had been unfairly removed because this was an independent

regulatory agency, with Congress having some control and therefore the charter set up by Congress

applied.

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

Executive Agreements

Pact between the President and the head of a foreign state Do not require Senate consent

Destroyers for bases deal of 1940

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)

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

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

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

Legislative and Judicial Powers

Recommending Legislation (message power) Three messages a year to Congress

State of the Union The President’s budget Annual Economic Report

Sends other messages to call on Congress to enact those laws he believes necessary to the welfare of the country

The Veto Power

Four options when receiving a bill Can sign the bill, making it a law Can veto it, returning it to Congress Can allow the bill to become a law by not signing

it or vetoing it within 10 days Can pocket veto, only if Congress adjourns

within 10 days and the President does not act on it; measure dies

2/3 majority needed to override a veto is difficult to obtain and the threat can often defeat a bill

The Line-Item Veto

Cannot veto only a portion of the bill Presidents since Ulysses Grant have argued that

they should be able to veto specific dollar amounts in spending bills

Opponents argue that this would give the President too much power (amendment has failed)

1996 Congress passed Line Veto Act Gave President power to reject individual items in

spending bills and to eliminate any provision of a tax bill that benefited less than 100 people

Struck down by Clinton vs. New York City in 1998

Other Legislative Powers

Article II, Section 3 Can call Congress into a special session

Ex. Truman had Congress consider post-WWII economic measures

Can adjourn Congress whenever the two houses cannot agree on a date for their adjournment

Never used

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

Pardons cont’d.

Commutation: the power to reduce the length of a sentence or a fine imposed by a court

Amnesty: a blanket pardon offered to a group of law violators. Ex. Carter granted amnesty to Vietnam War draft

evaders.

Sources

AP Government Book