Chapter: 14, Conflicts of Interest Conflicts of Interest ...
+ Conflicts of Power The President versus Congress and the Courts.
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Transcript of + Conflicts of Power The President versus Congress and the Courts.
+Conflict #1: The Veto
Over 1,400 bills have been vetoed in our history
Most have been done using the pocket veto Why? Because Congress tries to push a lot of stuff through
in the last few days of a session.
Over 200 bills have been overridden, including the famous War Powers Act of 1973. What does it take to override a veto?
+Conflict #2: War Powers and Dealing With Other Nations
What is the traditional conflict over treaties? The president makes treaties, BUT Congress (the Senate)
must approve with a 2/3 majority.
What is the traditional conflict over the military? The president can COMMIT TROOPS to an area, BUT Congress has the power to DECLARE WAR and……
to pass laws limiting what troops can do (legislative power)
to fund (or not fund) the troops (power of the purse) to confirm presidential appointments (like Secretary of
Defense) to impeach the president to investigate issues
+The War Powers Act (1973)
The president can still commit military troops, but only under certain circumstances: Congress must declare war Or if Congress says there is a national emergency
Once troops are sent…. The president must give notice to Congress within
48 hours The president is required to keep Congress informed The action must stop after 60 days if Congress
disapproves
If the President doesn’t follow these rules…. Congress can withdraw funding to force him or her to bring
the troops home
+The War Powers Act: Pros and Cons
Opponents of this act say….. The President knows more about foreign policy than Congress. He is
the….. Chief diplomat Commander in chief
Proponents of this act say….. The President must have his or her
powers limited or checks and balances won’t be very balanced.
The President would be too powerful.
+Conflict #3: Presidential Appointments
Who does the president nominate? Cabinet Members Federal Judges Heads of Agencies
(like the FBI, CIA, NASA, FCC)
However, the Senate must approve of these nominees. Simple majority is all that is needed. Senatorial Courtesy is used for judicial
appointments. This means that if Obama names
federal judges for the state of Wisconsin, he would consult with Johnson and Kohl about those nominees.
+How Does a President Get His Nominees Approved?
Generate Public Support (use the media and the bully pulpit)
Compromise with the opposing party
Build coalitions within Congress
Make deals (logrolling) or threats (“I’ll veto that bill if you don’t approve my guy!)
Look for “bulletproof” candidates
Get support from interest groups
+Making it Easier
to Deal With Congress
What sorts of things do you think make it easier for the president to deal with Congress? Being a former member Popularity and charisma Using support staff familiar with Congress Trading support with Congress members (like logrolling)
+Conflicts with the Judiciary
Pardon Forgives the crime and legal
culpability
Reprieve Postponing a sentence
Amnesty Allows exiled criminals or those who
left for fear of being punished to come back with no consequences.
+Has the President
Become Too Powerful?
Historian Arthur Schlesinger coined the following phrase: Imperial Presidency Beginning with FDR the president began
gaining too much power in comparison with the other two branches.
He believed that this jeopardizes the checks and balances outlined in the Constitution.