The Presidency

1. The Presidency 11/18-19/09

2. In the Constitution • Is addressed in Article II of the Constitution • “The executive power shall be vested in the President of the United States of America” • Natural born citizen, 35 years old, 14 years in the United States, elected by majority of electoral college • The Framers argued whether the President should be elected by congress or the people • The framers tried to find a republican solution and make the president responsible to state and national legislators rather than directly to the electorate. • The president was strengthened with a shift in the 1830’s away from the caucus system towards the convention system.

3. The Constitutional Powers of the President • Expressed powers- specific powers granted to the president under Article II, Sections 2 and 3 • He can make treaties, grant pardons, nominate judges and other public officials, receive ambassadors, and command military • Article II states, the president “shall take care that the laws be faithfully executed” • These are delegated powers, or powers that are assigned to the president by the will of congress • Ex: if congress wants to improve air quality it might delegate a bureaucratic agency in the executive branch the power make the improvement. • Inherent powers- powers claimed by a president that are not expressed in the constitution but are inferred from it. • Ex: Lincoln calling up troops and using state militias after the fall of fort sumter without calling congress into session

4. Expressed Powers • Military • Section 2“Commander in Chief of the Army and Navy of the US, and of the Militia of the several States, when called into the actual service of the US.” • Judicial • Section 2“Power to grant reprieves and Pardons for Offences against the US, except in Cases of Impeachment.” • Diplomatic • Section 2“Power, by and with the Advice and Consent of the Senate, to make Treaties.” Section 3, “receive Ambassadors and other public ministers.” • Executive • Section 3 president is to see to it that all the laws are faithfully executed, section 2 gives the pres the power to appoint, remove, and supervise all executive officers and all federal judges • Legislative • Section 7 and 3 give the president the power to participate authoritatively in the legislative process.

5. Military • Commander in Chief- The power of the president as commander of the national military and the state national guard units (when called into service) • War Powers Resolution- A resolution of congress declaring that the president can send troops into action abroad only by authorization of congress or if US troops are already under attack or seriously threatened • Pres allowed to wage war for only 60 days without congressional authorization • Military in the homeland- the president it charged with protecting “every state against invasion and domestic violence”

6. Judicial Power • The presidential power to grant reprieves, pardons, and amnesties involves the power of life and death over all individuals who may be a threat to the security of the US. • Ford pardoned Nixon • Carter granted amnesty to draft evaders in 1977

7. Diplomatic Power • The pres is america’s “head of state” • He can make treaties, receive ambassadors, • Executive agreement- an agreement between the pres and another country that has the force of a treaty but does not require the Senate’s “advice and consent”

8. Executive Power • The president appoints all executive officers with the approval of the senate • Executive privilege- the claim that confidential communications between the president and the president’s close advisors should not be revealed without the consent of the president.

9. President’s Legislative Power • Section 3 says the pres 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.” • Veto- the president’s constitutional power to turn down acts of congress within ten days of their passage while congress is in session. A presidential veto may be overridden by a two-thirds vote of each house of congress. • 1996 the line-item veto was used by Clinton to remove specific portions of bills without congressional approval. In 1998 the supreme court ruled it unconstitutional

10. Legislative Initiative • Legislative initiative- the president’s inherent power to bring legislative agenda before congress • Executive orders- the rules or regulations issued by the president that have the effect and formal status of legislation • Nixon, established EPA • Roosevelt, established the executive office of the Pres • Reagan, provided regulatory reform process that has been responsible for deregulation

11. Delegated Powers • As the power of the government has expanded since FDR’s new deal the congress has delegated more and more responsibility to the President • Since the New Deal the congress has given agencies more authority since they are supposed to have expertise in given areas

12. Presidential History • The Legislative Epoch: 1800-1933 • The 3 branches competed and balanced each other and left little room for powerful presidents • Jackson and Lincoln are exceptions to this rule • The New Deal and the Presidency • Roosevelt’s new deal revolutionized the role of government in people’s lives • Are Keynesian Economic Policies working today? • http://www.realclearpolitics.com/video/2009/11/17/abc_news_stimulus_jobs_created_in_districts_that_dont_exist.html