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Presidential Power

Presidential Power. Ch. 14. The Growth of Presidential Power. #1: Art. II of the Const. Says, “The executive power shall be vested in a President of the United States of America.”. The Growth of Presidential Power.

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Presidential Power

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  1. Presidential Power Ch. 14

  2. The Growth of Presidential Power • #1: Art. II of the Const. Says, “The executive power shall be vested in a President of the United States of America.”

  3. The Growth of Presidential Power • Art. II of the Const. Says, “The executive power shall be vested in a President of the United States of America.” • The Anti-Federalists wanted to severely limit the powers of the President. • “Considered the executive magistracy as nothing more than an institution for carrying the will of the legislature into effect, that the persons ought to be appointed by and accountable to the legislature only, which was the depository of the supreme will of the Society.”

  4. The Growth of Presidential Power • Why has the power grown?

  5. The Growth of Presidential Power • Why has the power grown? • Unity of the presidency. • #5: More complex social and economic life. • #6: Frequent need for extraordinary and decisive action in times of national emergency. • #7: Congress has passed thousands of laws, strengthening the office. • Mass media.

  6. The Growth of Presidential Power • Presidential Views • #8: Stewardship Theory: • “My belief was that it was not only right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws.” • Theodore Roosevelt, 1913

  7. The Growth of Presidential Power • Presidential Views • Literalist 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.” • William Howard Taft, 1916

  8. The Growth of Presidential Power • #9: Critics of strong presidential power condemn what they call the imperial presidency. • Term used frequently to refer to Nixon. • What about Bush 43?

  9. Who are our best Presidents?

  10. Did Bush expand Presidential power too much? • Power of the Presidency

  11. Executive Powers • Ordinance Power • Executive orders • Directives, rules, or regulations that have the power of law.

  12. Executive Powers • Appointment Power • P. appoints most of the top-ranking officers of the Federal Gov., such as: • Ambassadors & other diplomats; • Cabinet members and their top aides; • Heads of independent agencies. • All federal judges, U.S. marshals, and attorneys. • All officers in the armed forces. • Must have Senate confirmation.

  13. Executive Powers • Removal Power • Does not require Senate approval. • Cannot remove federal judges. Why not? X

  14. Chief Citizen • Annual White House Easter Egg Roll

  15. President Bush, Russian President Putin Sign Nuclear Arms Treaty May 24, 2002 Diplomatic & Military Powers • Treaty Power • Long-term agreements with other nations. • Require Senate ratification.

  16. Diplomatic & Military Powers • Executive Agreements • Short-term agreements with other nations. • Do not require Senate ratification.

  17. Diplomatic & Military Powers • Power of Recognition • Acknowledges the legal existence of a country and its government.

  18. Diplomatic & Military Powers • Commander-in-Chief • In charge of the military and foreign affairs.

  19. Diplomatic & Military Powers • War-time powers • Congress can (and usually does) give the P. authorization to do all kinds of things.

  20. Diplomatic & Military Powers • War-time powers • War Powers Resolution • Meant to limit presidential war-making powers.

  21. Diplomatic & Military Powers • Crimes on the high seas—piracy. • How did Obama use the military to deal with the Somali pirates? 4/13/09: “President Barack Obama, who gave permission for the military operation to free Phillips, is coordinating the U.S. response to piracy with other countries and the shipping industry to reduce vessels’ vulnerability to attack, boost operations to foil attacks and prosecute any captured suspects, said a senior administration official.”

  22. President Promotes his Stimulus Package Remarks by the President at the 2009 On-Line Public Town hall Meeting Legislative Powers • Recommend Legislation

  23. Legislative Powers • Veto

  24. Legislative Powers • Veto • Does the P. have the line-item veto?

  25. Legislative Powers • Call Congress into special session.

  26. Judicial Powers • CLEMENCY—3 TYPES: • REPRIEVE • COMMUTATION • PARDON

  27. Judicial Powers • Reprieve • Temporary postponement of the sentence.

  28. Judicial Powers • Commutation • substitution of a lesser for a greater punishment. A commutation may be conditional or unconditional • White House aide Lewis "Scooter" Libby faced 30 months in prison. • Libby will not serve that sentence but will pay $200,000 fine. • Libby convicted of in relation to 2003 CIA leak of operative's identity

  29. Below is the text of the clemency state signed by President Bush Monday that commuted I Lewis "Scooter" Libby's 30-month prison sentence. GRANT OF EXECUTIVE CLEMENCY BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS Lewis Libby was convicted in the United States District Court for the District of Columbia in the case United States v. Libby, Crim. No. 05-394 (RBW), for which a sentence of 30 months' imprisonment, 2 years' supervised release, a fine of $250,000, and a special assessment of $400 was imposed on June 22, 2007. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release, with all its conditions, and all other components of the sentence. IN WITNESS THEREOF, I have hereunto set my hand this second day of July, in the year of our Lord two thousand and seven, and of the Independence of the United States of America the two hundred and thirty-first. /signed/GEORGE W. BUSH

  30. Judicial Powers • Pardon • Remission of a penalty. It is an act of grace or forgiveness that relieves the person pardoned from some or all of the ramifications of lawful punishment Susan McDougal received a full Presidential pardon from outgoing President Bill Clinton in the final hours of his presidency in 2001 Will Bush pardon Libby?

  31. Judicial Powers • Amnesty: Pardon for a group.

  32. What will Obama’s top priorities be as President? • Stabilize the financial system. • Energy independence. • Health care reform. • Tax cuts for the middle class. • Educational system reform. What about the economy?

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