What power is the President

exercising here, in a humorous

way?

Presidential Pardons What kind of crimes may be pardoned by the

President?

What are two examples of notable Presidential Pardons?

How often does a President issue a Pardon?

Presidential Pardon Power

The president is given the power under the Constitution to "grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

Two types: full pardon to a person accused or convicted of a federal crime, releasing the person from any punishment and restoring her or his Civil Rights.

conditional pardons that forgive the convicted person in part, reduce a penalty a specified number of years, or alter a penalty with conditions.

Exceptions:Usually a private transaction between the president and an individual. In 1977 President Jimmy carter granted an Amnesty that was, in effect, a blanket pardon to those who were either deserters or draft evaders during the Vietnam War. (Jimmy Carter, Proclamation 4483, 1977)

Controversy:President Nixon was granted a full and unconditional pardon for any crimes he might have committed against the United States while President. (Gerald Ford, Proclamation 4311, September, 1974)

Nixon PardonNixon Pardon

Presidential Power

Major Questions:

1.How has Presidential Power grown and why?2. What limits are there on Presidential Power?3.What are the sources of Presidential Power?

Chapter14

Section 3Diplomatic and Military Powers

Essential questionsEssential questions

• How are treaties made and approved?

• Why and how are executive agreements made?

• What purpose does the power of recognition have?

• What powers does the President have in the role of commander in chief?

Why is it important Why is it important that the President be that the President be

able to make able to make international international agreements? agreements?

Establish rules among nations

• Allows countries to agree to sets of standards of conduct in International situations, such as rules for trade, human rights, and prisoner exchange in war-time.

What is a Treaty?

Treaty Definition• A treaty is a formal agreement between

two or more sovereign states.• The President, usually through the

secretary of state, negotiates these international agreements.

• All treaties must pass approval by a two thirds of the members present vote in the Senate.

Treaty Examples• First treaty under the Constitution: • Treaty of New York with the Creek Nation August 7, 1790ceded a significant portion of their hunting grounds in Georgia to

the United States and agreed to turn runaway slaves over to federal authorities.

• Treaty of Versailles: Ended First World War 1919required Germany to accept responsibility for causing the war and

pay reparations

• Migratory Bird Treaty 1992Provides for protection of species of birds that migrate between

the United States and the Soviet Union or that occur in either country and “have common flyways, breeding, wintering, feeding or molting areas."

What is an Executive What is an Executive Agreement?Agreement?

Executive Agreement• An executive agreement is a pact between the

President and the head of a foreign state, or a subordinate

• Unlike treaties, executive agreements do not require Senate consent.

• Originally, Executive Agreements were directed to particular and comparatively trivial disputes but have grown in power and complexity.

EExecutive Agreements are xecutive Agreements are more common than treatiesmore common than treaties• Treaties require a 2/3rds majority in the

Senate. • Executive Agreements have been ruled

Constitutional by a combination of several of the President’s Constitutional Executive Powers.

• Since 1939, executive agreements have comprised more than 90% of the international agreements concluded.

Executive agreement examples:

• Destroyers for Bases 1940• President Franklin D. Roosevelt negotiated an

executive agreement that gave the United Kingdom 50 overage destroyers in exchange for 99-year leases on certain British naval bases in the Atlantic.

• End of the Spanish American War 1898

• NAFTA

1940 Destroyers for 1940 Destroyers for BasesBases

What is Recognition?What is Recognition?

Power of RecognitionPower of Recognition• The power of recognition is exercised when the

President, acting for the United States, acknowledges (or retracts) the legal existence of another sovereign state.

Examples• Recognition:• Israel 1948• Panama 1901• Avoidance of Recognition• Cuba under Castro –still in effect• Historical avoidance of recognition.• Abraham Lincoln refused to admit any

‘diplomats’ from the Confederacy in order to avoid international recognition of the Confederacy as a separate state.

Recognition of Recognition of diplomatsdiplomats

The power of recognition is also exercised in regard to diplomats from other countries.The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country. Or by removing our diplomats (and or formal recognition) from another country - Sometimes a precursor to war.The official is declared to be persona non grata, or an “unwelcome person.”

Recognition and Recognition and Diplomatic ImmunityDiplomatic Immunity

• Diplomatic Immunity protects mission staff from prosecution for violating civil and criminal laws, under the Vienna Convention, Diplomats are supposed to respect national laws and regulations.

• Breaches of these articles can lead to a persona non grata declaration being used to punish acts by diplomatic staff.

• May be used to:• expel diplomats suspected of espionage • Any overt criminal act such as drug trafficking.• The declaration may also be a symbolic

indication of displeasure

ExamplesExamples• 2001 – US expels 50 Russian Diplomats for spying • http://abcnews.go.com/US/story?

id=93761&page=1

• 2012- US expels Syrian diplomat in retaliation for Houla Massacre.

• http://www.voanews.com/content/us-expels-syrian-diplomat-over-houla-massacre/1120881.html

Diplomacy in ActionDiplomacy in Action

Monroe Doctrine- Monroe Doctrine- reading handoutreading handoutBush DoctrineBush Doctrine

Obama DoctrineObama Doctrine

Commander in ChiefCommander in Chief

Commander in ChiefCommander in Chief• President may make Undeclared War• Many Presidents have used the armed forces

abroad without a declaration of war. • 60 day rule• *Congress has not formally declared war since

WWII. Rather, it has issued Joint Resolutions authorizing the use of force….leading to “a number of “undeclared wars