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The Presidency In Action. Chapter 14. The Growth of Presidential Power Section One.
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The Presidency In Action Chapter 14
The president’s power comes from Article II of the Constitution. This Article is known as the Executive Article. Unlike Article I, which specifies powers of Congress, Article II is very vague about presidential power. • Debate about the extent of these powers began with the framers and has continued since. Over time, the presidency has become very powerful for several reasons.
First, the President stands as the executive branch's single strong leader, while Congress has two houses and over 500 members. • Second, as American life has grown more complex, the people have looked to the President for leadership on such issues as the economy and health care. • Third, in national emergencies, the President, as commander in chief, has needed to take decisive action.
Fourth, Congress has passed many laws that expand the Federal Government's activities. Not having time itself, Congress has had to ask the executive branch to decide how to carry out these laws. • Lastly, the President can use the mass media—television, radio, printed publications, and the Internet—to capture public attention. • Critics of strong presidential power have used the term the imperial presidency to compare the President to an emperor who takes strong actions without the approval of Congress or the people.
The President is the head of the executive branch. The constitution gives the president the responsibility to “take care that the laws be faithfully executed.” The President's executive power offers him many chances to decide how laws are carried out. • After being elected, the president is sworn in. The constitution requires the president to take the following oath of office: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
The President also possesses the ordinance power. This is the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. • The Constitution does not expressly give the President this power, but the President must be able to issue orders to implement his constitutional powers. All presidents have issued executive orders beginning with George Washington.
The Constitution gives the president the power to appoint diplomats, Cabinet members, federal judges, and military officers. The Senate must approve these appointments with a majority vote. • The President has the power to fire executive officials. However, the President may not remove federal judges and generally can only remove people whom he has appointed.
As the nation’s Chief Diplomat, the President is in charge of foreign affairs for the country. He can make a treaty, or formal agreement with another nation, which must be approved by a two-thirds vote of the Senate. • However, the President may avoid needing senatorial approval by making an executive agreement with another nation's leader. • The President also has the power of recognition, which is to acknowledge—and by implication support—the legal existence of another country and its government.
Nations generally recognize each other by exchanging diplomatic representatives. • One nation may show its strong disapproval of another by calling back its ambassador and sending the other's ambassador home. The official recalled is said to be persona non grata, or an unwelcome person.
The power to declare war belongs to Congress. However, as commander in chief, the President can still make war. More than 200 times, a President has sent U.S. forces into combat without a congressional declaration of war. • After the undeclared Vietnam War, Congress passed the War Powers Resolution of 1973, designed to limit the President's war-making powers. It says that combat must stop after 60 days without the authorization of Congress.
As Chief Legislator, the President may tell Congress what laws the nation needs. The Constitution requires that from time to time the president inform Congress about issues facing the nation, and to recommend laws he deems necessary for the country. • Once a year the President will meet with both houses of Congress and give the State of the Union speech.
The president has the power to veto legislation passed by Congress. From 1996 to 1998 the President had the power to use a line-item veto on spending and tax bills. This allowed the President to approve most of a bill while vetoing certain parts, called line items. • The Constitution also grants the President certain judicial powers. It authorizes him to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment.
A reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness for a crime. The pardoning power includes the powers of commutation and amnesty. • Commutation is the power to reduce the length of a sentence or the amount of a fine imposed by a court. Amnesty is a general pardon offered to a group of law violators. • These powers of clemency, that is, leniency or mercy, may only be used in cases involving federal offenses.
