APAC 2013, Las Vegas

1. APAC 2013, Las Vegas Teaching Congress and the Presidency: A Building Block for Success in AP U.S. Government and Politics

2. Introduction • Ben Singh • Twenty-one years as a classroom teacher • Experience with a wide variety of high school learners • Experience teaching AP U.S. History, AP U.S. Government and Politics, and AP Comparative Politics • Member of the AP U.S. Government Test Development Committee • Exam Reader/Table Leader for the the past ten years I am a geek. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

3. Purpose of Today’s Presentation 1.) To review the AP U.S. Government outline regarding Congress and the Presidency. 2.) To examine important changes in Congressional and Presidential power and roles. 3.) To share classroom activities that explore the presidency and Congress. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

4. What College Board thinks students should know. • Goal/Skill • Students successfully completing this course will: • Understand typical patterns of political processes and behavior and their consequences… Topics Students must become familiar with the organization and powers, both formal and informal, of the major political institutions in the United States…Students should understand that these are separate institutions sharing powers and the implications of that arrangement. Topics, continued …It is necessary for students to understand that power balances and relationships between these institutions may evolve gradually or change dramatically as a result of crises. • Content Outline • IV. Institutions of National Government • The major formal and informal institutional arrangements of power. • Relationships among these four institutions… Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

5. What College Board thinks student should know. • Goal/Skill • Students successfully completing this course will: • Understand typical patterns of political processes and behavior and their consequences… Topics Students must become familiar with the organization and powers, both formal and informal, of the major political institutions in the United States…Students should understand that these are separate institutions sharing powers and the implications of that arrangement. Topics Continued …It is necessary for students to understand that power balances and relationships between these institutions may evolve gradually or change dramatically as a result of crises. • Content Outline • IV. Institutions of National Government • The major formal and informal institutional arrangements of power. • Relationships among these four institutions… Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

6. Key Concept #1: Formal v. Informal Powers Formal powers are the presidential and Congressional powers found directly in the Constitution. Informal powers are powers exercised by either the President or Congress that are not found in the Constitution. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

7. Key Concept #1: Examples of formal and informal powers Formal Presidential Powers Commander-in-Chief, Veto legislation, Negotiate treaties, Appointment, State of the Union Address, Diplomatic Recognition Informal Presidential Powers Use of the media (Bully Pulpit), “Leader of the free world,” Executive Agreements, Enforcement, Executive Orders (Inherent) Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

8. Key Concept #1: Examples of formal and informal powers Formal Congressional Powers Declare War, Confirm Appointments (Senate), Power of the Purse, Create/change legislation, Override a veto Use of media, Legislative oversight Informal Congressional Powers Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

9. Key Concept #2: Checks and Balances Congressional Checks Powers Over Presidency Powers over Judiciary Powers over Bureaucracy • Confirm appointments (Senate) • Change jurisdiction • Alter the number of justices • Rewrite legislation • Impeachment • Confirm appointments (Senate) • Ratify treaties (Senate) • Override a veto • Power of the purse • Congressional Budget and Impoundment Control Act (1974) • Impeachment • Confirm appointments (Senate) • Power of the purse • Eliminate/create an agency • Limit/eliminate an agency’s jurisdiction • Write/rewrite legislation • Oversight hearing Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

10. Key Concept #2: Checks and Balances Presidential Checks Powers Over Congress Powers over Judiciary Powers over Bureaucracy • Nominate justices • Use of the media/”Bully Pulpit” • Appoint heads of agencies • Use of executive orders • Tinker with an agency’s budget • Use of the media/”Bully Pulpit” • Veto legislation • Use of the media/”Bully Pulpit” • State of the Union/Agenda setting • Prepare/submit budget • Set adjournment date • Use of executive orders/executive agreements to bypass Congress Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

11. Key Concept #3: Growth of Presidential Power War Powers Use of Executive Orders/Agreements Growth of Presidential Power Signing Statements War on Terror Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

12. Key Concept #3: Growth of Presidential Power War Powers The Change During the second half of the 20th century, the presidency has claimed greater power over the use of military force. Perhaps, more importantly, the presidency has claimed greater independence from Congress in war-making. • Why? • Presidents have claimed this greater power and independence for a variety of reasons: • Technological changes • Need for greater flexibility • Expansive definition of C-in-C • GOTR, AUMF, War on Terror • Examples • Korea, Vietnam, Iraq, Libya • Drone strikes under Presidents Bush and Obama • Deployment of troops to “non-combat” missions – Haiti, Central Africa, the Philippines Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

13. Key Concept #3: Growth of Presidential Power War Powers The Change During the second half of the 20th century, the presidency has claimed greater power over the use of military force. Perhaps, more importantly, the presidency has claimed greater independence from Congress in war-making. • Why? • Presidents have claimed this greater power and independence for a variety of reasons: • Technological changes • Need for greater flexibility • Expansive definition of C-in-C • GOTR, AUMF, War on Terror • Examples • Korea, Vietnam, Iraq, Libya • Drone strikes under Presidents Bush and Obama • Deployment of troops to “non-combat” missions – Haiti, Central Africa, the Philippines Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

14. Key Concept #3: Growth of Presidential Power War Powers – Congressional Reaction • The War Powers Resolution • In an effort to reign in the president’s war-making ability, Congress passed the War Powers Resolution in 1973. It required the president to: • Notify Congress within 48 hours of a military deployment • Limit deployments to a total of 90 days without Congressional authorization • Congress can remove forces by passing a concurrent resolution • Controversy over the • War Powers Resolution • The War Powers Resolution has never been used by Congress to force the withdrawal of troops, and every president since its passage has believed it is unconstitutional. • Use of a joint resolution to bring troops home • Legislative veto? Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

15. Key Concept #3: Growth of Presidential Power War Powers Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

16. Key Concept #3: Growth of Presidential Power - Executive Orders/Agreements • The use of executive orders became more frequent in the 20th century. • FDR issued the most executive orders – over 3,500 • INS v. Chadha(1983)limited Congress’ ability to counteract executive orders • Since 1939, more than 90% of international agreements the U.S. has entered into have been executive agreements rather than treaties. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

17. Key Concept #3: Growth of Presidential Power - Signing Statements • Recently, signing statements have been used to challenge/limit the application of a law passed by Congress. • President George W. Bush used signing statements to challenge over 1000 sections of 150 different laws, including laws regarding: • Domestic spying • The use of torture • The detainment of suspects in the War on Terror Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

18. Key Concept #3: Growth of Presidential Power - The War on Terror • Warrantless wiretapping/NSA program • AUMF • Much like the GOTR, AUMF created a vehicle for near unlimited presidential power • The use of unmanned drones • Detention of terror suspects • Secret prison program • There have been few, if any, efforts by Congress to push back against this growth of presidential power Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

19. Key Concept #3: Growth of Presidential Power – The War on Terror Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

20. Past FRQs – Presidential-Congressional Relationship 2007 Question 3 • Conflicts between Congress and the President over war powers have their origin in the United States Constitution. In 1973, Congress passed the War Powers Resolution in an attempt to clarify the balance of powers between the two branches of government. • Describe the primary constitutional conflict between Congress and the President over the decision to go to war. • Describe two provisions of the War Powers Resolution that were designed to limit the President’s power over war making. • The War Powers Resolution has received mixed reviews, but Congress has other powers over war making. Other than the constitutional power you described in (a), identify and explain two other formal powers Congress has over war making. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

21. Past FRQs – Presidential-Congressional Relationship 2008 Question 2 • A number of factors enable presidents to exert influence over Congress in the area of domestic policy. However, presidents are also limited in their influence over domestic policymaking in Congress. • The Constitution grants the president certain enumerated powers. Describe two of these formal powers that enable the president to exert influence over domestic policy. • Choose two of the following. Define each term and explain how each limits the president’s ability to influence domestic policymaking in Congress. • mandatory spending • party polarization • lame-duck period Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

22. Past FRQs – Presidential-Congressional Relationship 2004 Question 1 • Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency. • Identify two formal constitutional powers of the President in making foreign policy. • Identify two formal constitutional powers of Congress in making foreign policy. • Identify two informal powers of the President that contribute to the President’s advantage in conducting foreign policy. • Explain how each of the informal powers identified in (c) contributes to the President’s advantage over Congress in conducting foreign policy. Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

23. Past FRQs – Presidential-Congressional Relationship 2011 Question 4 • The Constitution of the United States creates a government of separate institutions that share power rather than a government that delegates power exclusively to a single branch. Frequently, this means that presidents and Congress struggle with each other. • For each of the presidential powers below, explain one way congressional decision making is affected by that power • Veto power • Power to issue executive orders • Power as commander in chief • Identify two formal constitutional powers of Congress in making foreign policy. • Legislative oversight power • Senate advice and consent power • Budgetary power Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

24. Teaching Congress and the Presidency • This presentationis available at: • apac2013.weebly.com • If you have any questions, please do not • hesitate to contact me: • Ben Singh – bsingh4@cherrycreekschools.org Teaching Congress and the Presidency in AP U.S. Government: A Building Block for Success in AP U.S. Government and Politics

25. Share Your Feedback On This Session • Visit the conference website at apac.collegeboard.org • Click on “Earn Main Conference CEUs” • From there you will be taken to the CEU Online Platform • Questions? • While onsite, visit the information desk at the Sands Expo – Upper Lobby • After the event, write to: support@pesgce.com • And Earn Continuing Education Units (CEUs)