Post on 17-Feb-2021
Sources of Presidential Power
Intro
Presidency has changed since the beginning
Have to address weaknesses of A.o.C
3 Main types of powers, other have emerged
1- Country has changed, people have changed, and ideas of presidency has changed.
3- Expressed (Constitution), Inherent( Constitution), and Statutory
Expressed Powers
Word for Word in the Constitution
8 in Total
Provide the basis for other powers
2- Commander in Chief, Appointment power (Judges, Ambassadors, Cabinet Positions), Pardon of Crimes, Enter into Treaties with Senate Consent, State of the Union, Convene Congress, Receive Ambassadors, Commission military officers.
Inherent PowersTake Care Clause
Also allows the president to handle all executive actions
Overall these powers are inferred from the Constitution
Used more often than any other power
1- Gives the president the power to enforce all the laws
3- Nothing in the Constitution grants the president power to buy land, 800k acres for $15 Millions
Inherent: ExamplesLouisiana Purchase
800k Acres of Land for $15 Million
Nothing in the Constitution about buying land
Done to advert possible war with France
Ultimately everyone agreed with action
1b- Seemed Hypocritical since Jefferson argued for small federal government
1c- Gets France away from the US, and gives them money to fight England
1d- grants the president more power
New Deal Programs
Established under FDR
Designed to alleviate issues of Great Depression
Guantanamo Bay
Bush 43 suspended civil liberties of “enemy combatants”
1b- CCC, TVA, Social Security
ACA/Obamacare
Expanded Gov’t Programs
Provided Subsidized Insurance
Federal Government is now involved
1a- Medicare
1c- Never been involved in healthcare for general populous
StatutoryPresidents are given powers by law
Line-Item Veto
Only veto parts of the bill they don’t like
Bill Clinton only 1
2b- Declared unconstitutional (violates separation of powers), never used
Executive OrdersOrders that carry the weight of laws
Four Uses
Enforcement of statutes or SCOTUS Rulings
Specific Provisions of Constitution
Guide the Administration of Treaties
Change Regulatory Guidelines
1-Few limitations, just can’t raise taxes or appropriate funds
Often used to show presidential priorities
Used to bypass Congress
Congressional inaction
Congress refusing to work
Truman and Desegregation
2- Used more and more in recent years
3- Use of executive order to desegregate the military
Emergency PowersDesperate times call for desperate measures
US v. Curtiss-Wright Export Corp.
FDR banned export of Machine Guns to Bolivia
Curtis-Wright violated
Court rules presidential powers go beyond expressed powers
1-Lincoln suspended habeas corpus and drafted state militias during the Civil War
2c- Plays into foreign policy powers
Executive PrivilegePresident can withhold information from the courts and Congress
Been around since the beginning
Generally used to protect communications with aides
Sensitive negotiation with foreign leaders often shielded too
1-Resolves around national security
2- Washington refused to turn over treaty negotiations
Executive Privilege doesn’t apply to legal proceedings
Judicial Branch has given broad authority to the President
Accusations of misdeeds not protected by executive privilege
1-US v. Nixon (74): Nixon tried to withhold White House tapes from criminal proceedings
2- Separation of Powers
3- President Clinton and Lewinsky affair. Trump and Ukraine?