The PresidencyMichael P. Fix

Early Debates over Executive Power

How Much Power?

vs.

How Much Power?

John LockeFrom www.wikipedia.org

Prerogative Powers

An executive needs the power to do “several

things of their own free choice, where the law is silent, and sometimes too, against the direct

letter of the law, for the public good.”

Other Questions?

• Should the executive be a single person or several?

• How should the executive be selected?• What should be the length of service?• Should the executive be removable

from office?• Should the executive or Congress be

supreme in foreign policy• Should the executive or Congress have

power to make war?

Presidential Powers under the Constitution

• Must be a “natural born Citizen.”• Must be at least 35 years old.• Must have lived in the U.S. for at least

fourteen years.

Formal Requirements

Article II, Section 1

Presidential Powers under the Constitution

Under the original text of theConstitution there were

no term limits for the presidency

Term Limits

Presidential Term Limits

Tradition of serving two termsAfter two terms as president, George Washington left office. In his farewell address he advised that his successors follow this precedent. From http://04697.06sc.thinkquest.nl/afbeeldingen/politiek.jpg

Presidential Term Limits

In 1940 Franklin Roosevelt became the first president elected to a third term. In 1944, he was elected to his forth term.

From www.hudsonlibrary.org

Presidential Term Limits

The Twenty-Second Amendment

The Twenty-Second Amendment formalized the tradition of presidents

serving two terms.

Prior to Franklin Roosevelt this had not been necessary as every had followed this

tradition in practice.

Formal Constitutional Powers

• Commander-in-Chief

• Treaty power

• Appointment power

• Recess appointments

Electoral College

• Nearly half of Article II deals with the method of presidential selection.

Electoral College

• Nearly half of Article II with the method of presidential selection.

• The creation of the Electoral College was a check against “mob rule” while maintaining the independent of the executive branch from the legislature.

Evolution of Presidential Powers

George Washington

1st President

1789-1797

Image from www.wikipedia.org

Evolution of Presidential Powers

Thomas

Jefferson

3rd President

1801-1809

Image from www.wikipedia.org

Evolution of Presidential Powers

Andrew

Jackson

7th President

1829-1837

Image from www.wikipedia.org

Evolution of Presidential Powers

John

Tyler

10th President

1841-1845

Image from www.wikipedia.org

Evolution of Presidential Powers

James K.

Polk

11th President

1845-1849

Image from www.wikipedia.org

Evolution of Presidential Powers

Abraham

Lincoln

16th President

1861-1865

Image from www.wikipedia.org

Evolution of Presidential Powers

Theodore

Roosevelt

26th President

1901-1909

Image from www.wikipedia.org

Evolution of Presidential Powers

Woodrow

Wilson

28th President

1913-1921

Image from www.wikipedia.org

Evolution of Presidential Powers

Franklin D. Roosevelt

32nd President

1933-1945

Image from www.wikipedia.org

Evolution of Presidential Powers

Images from www.wikipedia.org

Imperial

Presidents

Lyndon B.

Johnson

&

Richard M.

Nixon

http://tapes.millercenter.virginia.edu/clips/1964_0809_lbj_haggar/index.htm

Evolution of Presidential Power

Images from www.wikipedia.org

Reagan and Beyond

Presidential Roles

Chief of State

As the first president, George Washington refused all formal titles and trapping of royalty.

Chief of State

The role of Chief of State largely consists of performing ceremonial activities, designed to bring the nation together in good times and times of crisis.

Chief Legislator

Presidential legislative authority:

1. Veto power2. Recommend

measures3. State of the Union

Chief Legislator

While some early presidents took an active interest in legislative matters, it was not until the advent of the “modern presidency” that presidents became actively involved in the legislative process.From www.newdeal75.org

Chief Legislator

Commander-in-Chief

Constitution gives the president the role of Commander-in-Chief of the Armed forces

Commander-in-Chief

In 1973, Congress enacted the War Powers act in order to limit the ability of the president to commit the armed forces of the

United States

The Chief Executive

• The president is in many ways the nation’s chief administrator and head bureaucrat

• Congressional policy vagueness gives the president and federal bureaucracy a chance to shape public policy

The Chief Executive

Executive Order

Formal regulation governing executive branch operations

issued by the president

Cabinet

The heads (secretaries) of the executive

departments together with other top officials accorded cabinet rank by the president; only occasionally does it meet as a body to

advise and support the president

The Chief Executive

Chief Diplomat

Appointing ambassadors

Receiving ambassadors

Treaties

Executive Agreements

Fast-track trade authority

Meeting with foreign leaders to forge ties and make formal alliances

Foreign policy tools