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Powers of the Presidency: Expressed and Implied

Explore the powers of the President, including expressed powers spelled out in the Constitution and implied powers suggested by the Constitution. Discover how the President sets the agenda and exercises legislative, administrative, and judicial powers. Understand the importance of executive orders and the President's role as Chief Legislator.

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Powers of the Presidency: Expressed and Implied

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  1. The Presidency

  2. What are the President’s Expressed and Implied Powers? • Expressed Powers - Delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called "enumerated powers“ Example: the President is “Commander-in-Chief” (Comes from Article II) • Implied powers - Delegated powers of National Government that are suggested by the expressed powers set out in the Constitution; Example: "necessary and proper" to carry out expressed powers in Article I, Section 8(only applies to Congress). Presidential Example: Agenda Setting – The President is the “Legislator-in-Chief”

  3. Powers of the President – Article II • National Security Powers– Commander-In-Chief; “Executive Privilege;” Make Treaties; Nominate Ambassadors; Recognize foreign governments Leaked Memo on Citizen Execution Without Trial – YouTube Executing Citizens Up To NSC Panel - YouTube DOJ Paper: When It's OK To Kill Americans In Al-Qaida : NPR February 6, 2013 - Ed Whitacre - The Daily Show With Jon Stewart - Full Episode Video | Comedy Central • Legislative Powers –Recommend Legislation (Implied); State of the Union (Agenda Setting); Call for Special Sessions of Congress; Adjourn Congress; Veto • Administrative Powers- “Faithfully execute the laws;” Nominate Officials (Bureaucracy/Cabinet); Recess Appointments; Executive Orders • Judicial Powers– Grant Reprieves/Pardons; Nominate Federal Judges.

  4. Implied Powers of the President – Not Explicitly in Article II Impoundment of Funds- presidential refusal to spend funds appropriated by Congress Budget Reform Act of 1974 - requires, among other things, that the president spend all appropriated funds. Executive Privilege Executive Orders Agenda Setting

  5. Agenda Setting • Article Two, Section Three: “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.” • Presidents initiate foreign policy, economic goals and plans, and programs that improve the quality of life of citizens. • FDR set the precedent with his “100 Days” that the President, and the federal government in general, had the responsibility of ensuring Americans’ quality of life.

  6. Its been shown that even the most skilled legislators and politicians (LBJ) can not create change. The Persuader-In-Chief - Using “The Bully Pulpit,” the President can recognize favorable configurations of political forces and effectively exploit them to embark on major shifts in public policy. Legislator in Chief.doc The President as “Chief Legislator”

  7. Economic Scene - Obama’s Budget Plan Sweeps Away Reagan Ideas - NYTimes.com Counter-Point: Op-Ed Columnist - A Moderate Manifesto - NYTimes.com

  8. Executive Orders • Congress allows the president to issue executive orders- implied power; execute the laws. • Executive Orders are issued to enforce the Constitution, treaties, legislative statues, or they may establish or modify rules and practices of executive administrative agencies. • The only restriction on executive orders is that they must be published in the Federal Register, a daily publication of the US government.

  9. This order gave the military authority to exclude citizens of Japanese ancestry from areas that were deemed critical to national defense and potentially vulnerable to espionage. FDR used his authority as Commander-in-Chief to exercise war powers to send 120,000 Japanese-Americans (60% were born in the USA) to internment camps. http://espn.go.com/video/clip?id=7768180 Korematsu v. United States, Part 1 of 2, from Thinkwell's American Government - YouTube Executive Order 9066

  10. Wartime Paranoiaaffects the Supreme Court Korematsu v. US (1944) • West Coast- declared a military zone of operation - to protect against invasion – martial law existed – suspension of Habeus Corpus. • Court ruled that the detentions were justified – “military necessity” not racial.

  11. It expanded on Executive Order 8802 by establishing equality of treatment and opportunity in the Armed Services for people of all races, religions, or national origins. Executive Order 9981

  12. Changes in approval are the result of war, foreign affairs or the economy. The President’s efforts and positions on these issues determine his public image more than any other factor. Political Party identification keeps approval relatively steady. Rally Events – lead to temporary spikes in approval; Bush I- the First Gulf War, Bush II- 9/11. Morale Builder. First term Presidents are given a “honeymoon” period. Usually in their second term ALL Presidents see a decline in their approval ratings. Presidential Approval

  13. Will Obama Lose his Mandate? Of course he will. . . all Presidents do. Expectation Gap

  14. The President’s Managerial Style The organization of the White House Office has been analyzed according to two models: The Pyramid ModelThe Circular Model http://www.youtube.com/watch?v=R67CH-qhXJs

  15. Presidential Character James Barber – The Presidential Character assessed presidents by two character based criteria: • Active v. Passives Inclinations • Positive v. Negative Points of View

  16. “You campaign in poetry and you govern in prose.” $410 billion spending bill (2009) • $2.1 million for the Center for Grape Genetics in New York. • $1.7 million for a honey bee factory in Weslaco, Tex. • $1.7 million for pig odor research in Iowa. • $1 million for Mormon cricket control in Utah. • $819,000 for catfish genetics research in Alabama. • $650,000 for beaver management in North Carolina and Mississippi. • $951,500 for a “Sustainable Las Vegas.” • $2 million “for the promotion of astronomy” in Hawaii. • $167,000 for the Autry National Center for the American West in Los Angeles. • $238,000 for the Polynesian Voyaging Society in Hawaii. • $200,000 for a tattoo removal violence outreach program to help gang members or others shed visible signs of their past. • $209,000 to improve blueberry production and efficiency in Georgia. 9,000 earmarks worth $7.7 billion Source: Op-Ed Columnist - Stage of Fools - NYTimes.com

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