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Describe the following political cartoon. How Describe the following political cartoon. How does it relate to the power of the President and does it relate to the power of the President and Vice President? Vice President?
Formal Powers of the Formal Powers of the PresidentPresident
Constitutional or expressed powers of Constitutional or expressed powers of the presidencythe presidency
Found primarily in Article II of the Found primarily in Article II of the ConstitutionConstitution (the (the Executive ArticleExecutive Article))
Formal Powers: Formal Powers: Commander-in-ChiefCommander-in-Chief
Commander in Chief of the Army & NavyCommander in Chief of the Army & Navy Making undeclared warMaking undeclared war
Limited by Limited by War Powers Act War Powers Act 19731973 President can commit troops for 90 daysPresident can commit troops for 90 days
Formal Powers: Chief Executive
““Faithfully execute” the lawsFaithfully execute” the laws Grant Grant pardonspardons for federal offenses except for for federal offenses except for
cases of impeachmentcases of impeachment Nominate judges of the Supreme Court and Nominate judges of the Supreme Court and
all other officers of the U.S. with consent of all other officers of the U.S. with consent of the Senatethe Senate
Fill vacancies that may happen during recess Fill vacancies that may happen during recess of the Senate (of the Senate (recess appointmentsrecess appointments))
Formal Powers:Formal Powers:Foreign AffairsForeign Affairs
Appoint ambassadors, ministers and Appoint ambassadors, ministers and consulsconsuls
Make treaties subject to Senate Make treaties subject to Senate confirmationconfirmation
Receive ambassadorsReceive ambassadors Diplomatic Recognition Diplomatic Recognition – acknowledging – acknowledging
the legal existence of a country/statethe legal existence of a country/state
Formal Powers:Formal Powers:Chief LegislatorChief Legislator
Give State of the Union address to CongressGive State of the Union address to Congress
Recommend Recommend ““measuresmeasures”” to the Congress to the Congress
Upon Upon ““extraordinary occasionsextraordinary occasions”” convene convene both houses of Congressboth houses of Congress
Formal Powers:Formal Powers:Chief Legislator (cont.)Chief Legislator (cont.)
Presidential Veto Presidential Veto Veto Message within 10 days of passing the House of Veto Message within 10 days of passing the House of
originorigin Pocket Veto Pocket Veto - President does not sign within 10 days- President does not sign within 10 days Congress can override with 2/3 majority from both Congress can override with 2/3 majority from both
HousesHouses Veto PoliticsVeto Politics
Congressional override is difficult (only 4%)Congressional override is difficult (only 4%) Threat of veto can cause Congress to make changes in Threat of veto can cause Congress to make changes in
legislation legislation
Those powers not explicitly written in the Constitution
Similar to “necessary and proper” powers of Congress
In the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers
Informal Powers
Executive Orders Orders issued by the
President that carry the force of law
Clinton’s “Don’t ask don’t tell” gays in the military policy
FDR’s internment of Japanese Americans
G.W. Bush trying suspected terrorists in military tribunals
Notice for Japanese “relocation,” 1942
Executive Agreements
International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval
Jefferson’s purchase of Louisiana in 1803
G.W. Bush announced cuts in the nuclear arsenal, but not in a treaty; usually trade agreements between
US and other nations
Executive Privilege
Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress
United States v. Nixon (1973) – presidents do NOT have unqualified executive privilege (Nixon Watergate tapes)