CHAPTER 14:1-2: Growth of Presidential Power

Chapter 14:1-2 Objectives:

o WHAT: Explain the historical and ongoing debate over the proper scope of presidential power.

o WHAT: Explain the ways in which presidential power has grown over time.

o WHY: 12.4(4). Discuss Article II of the Constitution as it relates to the executive branch, including eligibility for office and length of term, election to and removal from office, the oath of office, and the enumerated executive powers.

“And Samuel told all the words of the LORD unto the people that asked of him a king. And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots. And he will appoint him captains over thousands, and captains over fifties; and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots.” I Samuel 8:10-12

CHAPTER 14:1 Growth of Presidential Power:

o Debate over Presidency of the early framers.

o Article II states, “The executive power shall be vested in a President of the United States of America.”

o The Constitution deals with the powers of the Presidency in sketchy fashion.

EXPRESS POWERS OF THE PRESIDENT:

o The power to command the armed forces,

o To make treaties,

o To approve or veto acts of Congress,

o To send and receive diplomatic

representatives,

o To grant pardons and reprieves,

o “To take care that the laws be faithfully

executed.”

CHAPTER 14:1 Growth of Presidential Power:

o Thomas Jefferson feared that the President would be a tyrant or king.

o Hamilton and Madison persuaded the Constitutional Convention to establish a single executive.

o Chosen independently of Congress.

o With its own distinct field of powers.

WHY PRESIDENTIAL POWER HAS GROWN:

(1) Unity of the Presidency.

o The office and its powers are held

by one person.

o The President is the single,

commanding head of the

executive branch.

o On the other hand Congress has

to contend with two houses.

(2) Influence The President Themselves had on the Office:

o Pressures from the increasingly complex nature of the nation’s social and economic life.

o Industrial and technological growth.

o Demands for the Federal Government to play a larger role in a long list of areas of public concern.

o For example, Civil Rights, Health Care, Etc.

(3) In times of national emergency most notably times of war.

o The ability of the President, the

single, commanding chief

executive to act.

o In such situations has done

much to strengthen the

executive power.

(4) Congress strengthened the Presidency:

o It has passed the thousands of laws.

o That have been an essential part of the historic growth of the Federal Government.

o Congress provides the basic outline of public policy.

o It is forced to delegate much of its authority to the executive branch.

o Congress has neither time nor the technical knowledge to do much more than provide the basic outlines for public policy.

(5) President’s role as chief legislator, party leader, and chief citizen.

o President can also attract public

attention through his use of the media.

o A means of communication with the

people such as the press, radio, social

media, and television to that end.

o However, President’s power has been

checked both by Congress and the

Supreme Court.

Discussion Questions:

• Do you think the president has too much

power?

14:2: Executing the Law:

o As chief executive, the President

executes, enforces, administers,

carries out—the provisions of

federal law.

o The power to do so rests on two

brief constitutional provisions.

14:2: Executive Power Rest in Two Provisions:

o The power to do so rests on two brief constitutional provisions.

o (1) The oath of office the President must take: “I do solemnly swear (or affirm), “faithfully execute the Office of President” and “protect and defend the Constitution.”

o (2) The Constitutional requirement that [The President] will faithfully execute the office of President of the United States.”


o The President’s power to execute the law covers all federal laws.

o The Armed Forces

o Social Security

o Civil Rights

o Housing

o Taxes

o Environmental Protection

o Immigration

ACTIVITY

In groups develop and discuss what type of

laws the president needs to enforce. You

can work online. We will share it in groups.


o The Constitution requires the President

to execute all federal laws.

o No matter what the chief executives

own view of any of them may be.

o The President can use some discretion

as to what laws to focus on to enforce

and how the given law will be applied in

practice.


o Many laws that Congress passes are written in fairly broad terms.

o Congress sets out the basic policies and standards.

o The specific details, day to day administration of the law is usually left to be worked out in the executive branch.

o Within the executive branch are various departments and agencies that help enforce Federal law (e.g., FBI, DEA, Homeland Security, FAA, FCC, EPA, etc.)


o For example, all immigrants seeking permanent admission to this country must be able to “read and understand some dialect or language.”

o But what does this literacy requirement mean in everyday practice?

o How well must an alien be able to read and write?

o What words in some language must he or she know, and how many of them?

o The law does not say, that is up to the INS and Department of Justice.

THE ORDINANCE POWER:

o President is the Chief Administrator as

well as Chief executive.

o The job of administrating and applying most federal law,

o Is the day-to–day work of all of the many departments, bureaus, offices, boards, commissions, councils, and other agencies.

o That make up the huge executive branch of the Federal Government.


o Some three million men and women

who staff those agencies are subject to the President’s control and direction.

o The President has the power to issue executive orders.

o An executive order is a directive, rule or regulation that has the effect of law.


o The power to issue these orders, the

ordinance power, arises from two

sources:

o The Constitution.

o Acts of Congress.


o This is an implied power that is clearly

intended.

o In granting certain powers to the President, the Constitution obviously anticipates their use.

o In order to exercise those powers, the President must have the power to issue the necessary orders.

o As well as the power to implement them.

o The President must also have the power to authorize his subordinates to issue such orders.

The Constitution Gives the President the power to appoint:

o Ambassadors

o Public Ministers (Top officials of his/her Cabinet)

o Consuls

o Judges of the Supreme Court

o All other officers of the U.S. whose appointments through laws passed by Congress.

o With the advice and consent of the Senate.

THE APPOINTING POWER:

o President names only a handful of the nearly

three million federal civilian employees.

o Many of the handful appointed by the President fills the top spots in the White House Office.

o With the Senate’s consent, the President names most of the top-ranking officers of the Federal Government.

o These include cabinet members and their top aides.

o The heads of such independent agencies as the EPA, etc.


o When the President makes one of

these appointments, the nomination

is sent to the Senate.

o Where the support of a majority of

the senators present and voting is

needed for confirmation.

ACTIVITY

Have volunteers as senators of specific

states and a volunteer as president.

President is seeking to appoint a district

judge of that State. Demonstrate Senatorial

Courtesy.


o Unwritten rule of senatorial courtesy

plays an important part in this process.

o The rule applies to the choice of those federal officers who serve within a State (Federal Judge, Marshall, etc.)

o The Senate will approve only those Federal appointees acceptable to the senator or senators of the President’s party from the State involved.


o The practical effect of this custom, which

is closely followed in the Senate.

o Is to place a meaningful part of the

President’s appointing power in the

hands of particular senators.

REMOVAL POWER:

o The Constitution does not say how or by

whom appointed officers may be

dismissed.

o With the exception to impeachment.

o Whether for incompetence, for

opposition to presidential policies, or for

any other cause.

REMOVAL POWER:

o The first Congress gave to the

President the power to remove

any office he appointed.

o Except federal judges.

Exceptions:

o Agencies and independent regulatory

commission that are not purely

executive agencies.

o Such as the Federal Trade

Commission.

o Congress has the power to set

conditions of how a member of this

agency be removed by the President.


• Do you think the power of the presidency

should increase during times of war or

crisis to the expense of our personal

liberties?

Chapter 14:3 Objectives:

o WHAT: Explain the scope and exercise of the President’s diplomatic powers.

o WHAT: Explain the scope and exercise of the President’s military power.


2Ch_32:31 Howbeit in the business of

the ambassadors of the princes of

Babylon, who sent unto him to enquire

of the wonder that was done in the

land, God left him, to try him, that he

might know all that was in his heart.

CHAPTER 14:3 Power To Make Treaties:

o A treaty is a formal agreement between two or more sovereign states.

o The President, usually acting through the secretary of state.

o Negotiates these international agreements.

o The Senate must give its approval by a two-thirds vote of the members present.

o Then the treaty is official (ratified).

CHAPTER 14:3 Power To Make Treaties:

o President can countermeasure

by going forth with a joint-

resolution.

o A move that required only a

majority vote in each house in

cases like the Hawaiian and

Texas annexation.

EXECUTIVE AGREEMENTS:

o Pacts between the President

and the heads of foreign states,

or their subordinates.

o Unlike treaties, executive

agreements do not require

Senate consent.

EXECUTIVE AGREEMENTS:

o Most executive agreements either

flow out of laws already passed

by Congress.

o Or out of treaties to which the

Senate has agreed.

o The President can make these

executive agreements without any

congressional action or approval.

THE POWER OF RECOGNITION:

o Is when the President receives

the diplomatic representatives of

another sovereign state.

o The President acting for the U.S.,

acknowledged the legal existence

of that nation and government.

o That the country is an equal in the

family of nations.


o Recognition does not mean that

the U.S. approves of the

character or conduct of another

nation.

o The U.S. recognizes several

nations with serious misgivings

(Russia)


o The President can show the displeasure of the U.S. with the actions of another country.

o By asking for the recall of that nation’s ambassador in this country.

o The official recalled is declared to be personal non grata an unwelcome person.


o Or the U.S. can recall an

American diplomat from a post

from another nation.

o The withdrawal of recognition is

the sharpest diplomatic rebuke.

o And often can lead to war.

THE PRESIDENT AND THE MILITARY:

o The Constitution makes the President the commander in chief of the nation’s armed forces.

o Congress shares the war powers.

o Congress has the power to declare war.

o But the President’s power as commander in chief is almost without limit.


• What would you do if you were president

and was faced with a tough decision like

using military force for a crisis? What

would you do before making such a

decision?

THE PRESIDENT AND THE MILITARY:

o George Washington and Lincoln were hands on.

o Most Presidents have not become so directly involved in military operations.

o The President always has the final authority over and responsibility for any and all military matters.

o The most critical decisions are invariably made by the commander in chief.

War time Powers:

o President’s power as commander in chief is far greater during a war than they are in more normal times.

o In WWII, Congress gave President many powers.

o Such as ration food and gasoline, control wages and prices seize and operate certain private industries.

o President may also use armed forces to keep the domestic peace.

War Time Resolutions 1973:

o Passed during the Vietnam War

when Nixon was president.

o Addressed undeclared wars like

Vietnam.

o Nixon attempted to veto it but it was

overturned by Congress.


o The President must report to Congress within 48 hours of the scope of his actions after sending American forces to combat abroad.

o The Combat commitment must end within 60 days unless Congress agrees to a longer period.

o Could be extended an additional 30 days to allow the safe with-drawl of American forces.


o Congress may bring an end to the

combat commitment at any time.

o By passing a concurrent resolution to

that effect.

o The constitutionality of the War Powers

resolution remains in dispute.


• Should the president be able to use

military force without consulting

Congress?

LEGISLATIVE AND JUDICIAL POWERS:


o WHAT: Explain the scope of the President’s legislative and judicial powers.

o WHAT: Explain the ways in which the President exercises legislative and judicial powers.


Deu_33:21 And he provided the first

part for himself, because there, in a

portion of the lawgiver, was he seated;

and he came with the heads of the

people, he executed the justice of the

LORD, and his judgments with Israel.

CHAPTER 14:4 Legislative Powers

o As Chief of Party and Chief Citizen, the president has considerable influence on Congress.

o The president has the power to recommend legislation.

o And to give Congress a State of the Union speech.


o The powers of the Chief

Executive regularly gives the

President what is called the

message power.

o The (President) Chief Executive

regularly sends three major

messages to Capitol Hill each

year.


o First, is the State of the Union.

o A speech he almost always delivers in person to a joint session of Congress.

o The second is the President’s budget message

o And then the annual Economic Report.

THE VETO POWER:

o The Constitution states that

every bill, order, resolution, or

vote passed by both the Senate

and House shall be presented

to the President.

o The President has four options

on how he can address these

bills.

Four Options:

o He or She may sign the bill and

so make it law.

o He or She can veto it, and the

measure must then be returned to

Congress.

o Congress can override a

presidential veto by a two-thirds

vote in each of its two chambers.

Four Options:

o The President may allow the bill

to become law by not acting on

it.

o Neither signing nor vetoing it,

within 10 days (not counting

Sundays).

Four Options:

o The Pocket Veto.

o Can be used only at the end of

a congressional session.

o If Congress adjourns within 10

days of sending a bill to the

President.

o The chief executive does not

act on it, the measure dies.

Four Options:

o It is rare for Congress to gain a

two-thirds majority needed to

overturn a presidential veto.

o The veto is a significant

weapon in the chief executive’s

dealings with the legislative

branch.

Four Options:

o The mere threat of a veto is

often enough to defeat a bill.

o Or to prompt changes in its

provisions as it moves through

the complicated legislative

process.

Four Options:

o The President is allowed to have a

special session of Congress.

o The same Constitutional provision gives the President the power to prorogue (adjourn) Congress.

o Whenever the two houses cannot agree on a date of their adjournment.

o This is yet to happen.

ACTIVITY

• In groups, act out one of the four options

that the president can do when Congress

passes a bill.

JUDICIAL POWERS:

o Reprieves is the postponement of

the execution of a sentence.

o A pardon is legal forgiveness of a

crime.

o The President’s power to grant

reprieves and pardons is absolute.

o Except in cases of impeachment,

where they may never be granted.

JUDICIAL POWERS:

o These powers of clemency, mercy,

and leniency may be used only in

cases involving federal offenses.

o The president, has no such

authority with regard to those who

violate state law.

JUDICIAL POWERS:

o Pardons in advance of a trial or charge

are rare.

o To be effective, a pardon must be accepted by the person to whom it is granted.

o When a pardon is given and accepted before a charge or conviction it can be seen as an admission of guilt.

o The pardoning power includes the power to grant conditional pardon if conditions are reasonable.

Other Judicial Powers:

o The power to commute (reduce)

the length of a sentence or a fine

imposed by a court.

o The pardoning power also includes

the power of amnesty.

o In effect, a general pardon offered

to a group of law violators.

Isa_55:7 Let the wicked forsake his

way, and the unrighteous man his

thoughts: and let him return unto the

LORD, and he will have mercy upon

him; and to our God, for he will

abundantly pardon.


• Who do you think would deserve a pardon

from the president? If you were president

who would you pardon? List 4.

CHAPTER 14:5: THE EXECUTIVE OFFICE OF THE PRESIDENT AND THE CABINET:


o WHAT: Explain why the executive office is umbrella-like.

o WHAT: Explain some of the key components of the Executive office.

o WHAT: Explain how the cabinet has evolved and how cabinet members are selected.


Pro_11:14 Where no counsel is, the

people fall: but in the multitude of

counsellors there is safety.

Introduction:

o Thomas Jefferson performed

his presidential duties with two

aides.

o One a messenger and the other

his secretary he paid out of his

own pocket.

Chapter 14:5: EXECUTIVE OFFICE OF THE PRESIDENT:

o Every officer, employee, and

agency in the executive branch

is legally subordinate to the

President.

o They all exist to help the

president (the chief executive)

in the exercise of his executive

power.

Chapter 14:5: EXECUTIVE OFFICE OF THE PRESIDENT:

o The President’s chief right arm is the Executive Office of the President (The EOP).

o Its an umbrella agency, made up of several agencies staffed by the President’s most trusted advisers and assistance.

o It was established in 1939, and has helped every administration.

THE WHITE HOUSE OFFICE:

o Is the nerve center of the Executive

office of the President (The entire

executive branch).

o It houses the President’s key

personnel and political staff.

o Most of them have offices in one of

the two wings of either side of the

White House.

THE WHITE HOUSE OFFICE:

o They occupy most of the crowded

West Wing, where the oval office a Cabinet room is located.

o A collection of advisors who are also key members of the President’s inner-circle.

o Some of them work in the East Wing, where public tours of the White House begin.

National Security Council:

o The President’s actions in foreign

affairs are taken in close consultation with the National Security Council (NSC).

o It meets at the President’s call, often on short notice.

o Advise him in all domestic, foreign, and military matters that bear on the nation’s security.


o The President chairs the council.

o Its other members are the Vice

President and the secretaries of state

and defense.

o In previous administrations, the CIA

chief and the Chairmen of the Joint

Chiefs of Staff attend.


o The NSC has a small staff of foreign

and military policy experts.

o They work under the direction of the President’s assistant for national security affairs.

o Who is often called the President’s national security adviser.

o The super-secret CIA does much of its work at the direction of the NSC.

THE OFFICE OF MANAGEMENT AND BUDGET:

o Is the largest and after the White House Office,

the most influential unit in the Executive Office.

o The OMB is headed by a director who is appointed by the President and confirmed by the Senate.

o The OMB’s major task is the preparation of the federal budget.

o The President must submit to Congress in January or February of each year.

o It is the preparation of an annual statement of the public policies of the United States expressed in dollars and cents.

The Federal Budget:

o Is a financial document.

o A detailed estimate of what it receives in revenue and spends on.

o Anticipates federal income for the upcoming fiscal year.

o It is a work plan for the conduct of government and the execution of public policy.

The Federal Budget:

o The OMB is more than a budget-making

agency.

o It also monitors the spending of the funds Congress appropriates.

o It oversees the execution of the budget.

o The President’s close control over the preparation and execution of the budget.

o Is a major factor in the President’s ability to command the huge executive branch.

Office of Management and Budget:

o It makes studies of the organization and

management of the executive branch.

o Keeps the President up to date on the work of all its agencies.

o Checks and clears agency stands on all legislative matters to be certain they agree with the President’s own positions.

o It also helps the President prepare the hundreds of executive orders he must issue.

o The veto messages he occasionally sends to Congress.

THE CABINET:

o Is an informal advisory body

brought together by the President

to serve his needs.

o The Constitution makes no

mention of it, nor did Congress

create it.

o Instead, the cabinet is the product

of custom and usage.

THE CABINET:

o The heads of now 15 executive

departments form the Cabinet.

o Each of the last several

Presidents has regularly added

a number of top officials to the

group.

o Also Chief of Staff among other

advisors are part of the Cabinet.

THE CABINET:

o The President appoints the

head of each of the 15

executive departments.

o Each of these appointments is

subject to confirmation by the

Senate.

o The Senate generally respects

the personal choice of the

President.

CHOOSING CABINET MEMBERS:

o Republican Presidents do not often pick Democrats and vice versa.

o One or more come from among who played a role in the recent presidential election.

o Practical experience is also taken into account in the selection of cabinet members.

o Do they fit the expertise of the department? etc.

Relay Race:

• In rows, each student will list a Cabinet

department. Whoever can list them the

fastest (all 15) on the white board will win.

THE CABINET’S ROLE:

o Individually, each is the

administrative head of one of

the executive departments.

o Together they advise the

President.

THE CABINET’S ROLE:

o The Cabinet developed over

custom.

o In the past president’s had other

advisors in private such as

Andrew Jackson’s kitchen

cabinet.


• What qualities are you looking for in a

Cabinet member if you were President?

• List names of students and teachers of

SGA that you would have in your Cabinet

and in what department, and explain why

you chose that individual.

CHAPTER 14:1-2: Growth of Presidential Power

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