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Executive Branch

Executive Branch. Powers of President. Review. https://www.youtube.com/watch?v=8g1O7c4j0YU (debate) http://www.youtube.com/watch?v=ZFJ2e82Nvnw (electoral college) Review electoral college W ebquest . Flaws in Electoral College. Three major defects

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Executive Branch

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  1. Executive Branch Powers of President

  2. Review • https://www.youtube.com/watch?v=8g1O7c4j0YU(debate) • http://www.youtube.com/watch?v=ZFJ2e82Nvnw (electoral college) • Review electoral college Webquest

  3. Flaws in Electoral College • Three major defects • Winner of popular vote not guaranteed presidency • Electors not required to vote in accord with popular vote • Elections might have to be decide in HoR

  4. Presidential power • read Article II Sections 2 & 3. Make a list of all the presidential powers and duties listed in the Constitution • What do you think the framers had in mind? • Why is the wording of the Constitution so broad?

  5. Article II • Executive Article (section 1) • “The executive Power shall be vested in a President of the Unties States of America” • “most loosely drawn chapter”

  6. Reasons for Expansion • Unity of the Presidency • Times of crisis • Congress • Presidential staff and bureaucracy • Mass media • Franklin Roosevelt through today • Radio, television, internet

  7. Limits to the Growth of Power • Constitution places restraints on exercise of Presidential power

  8. Presidential View • “My view was that every executive officer…was a steward of the people bound actively and affirmatively to do all that he could for the people…I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it.”

  9. Presidential View • “The President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant…such specific grant must be either in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest.”

  10. Critics of Expansion • Imperial Presidency • Depicts chief executive as strong-willed emperor • Does not consult Congress • Unaccountable to the people or to Congress

  11. Executive Powers of the President

  12. The Executive Powers • The president “shall take care that the laws be faithfully executed” • All federal laws • Execute, enforce and interpret • Congress makes broad laws • President/executive branch work out specific details • Example: immigration laws

  13. Ordinance Power • Executive orders • Directives, rules or regulations that have the effect of law • Power arises from Constitution and Congress • Applied in Constitution • Congress has given more and more discretion to President • Example: Executive order 9066

  14. Appointment Power • Ambassadors • Cabinet members • Heads of independent agencies • Federal judges, US marshals and attorneys • Officers in the armed forces

  15. Removal Power • President may remove those whom he appoints • Congress has the power to set conditions over some agencies • Example: FTC

  16. Executive Privilege • Power to refuse to disclose certain information to Congress or the Federal Courts • Relies on information from key staff and officials • Congress has never recognized • Federal courts question power

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